FPCA Automobile Division: Additional Pending Legislation; SIU Meeting to be Scheduled in May

Apr 15, 2009


Supplementary information discussed at during the April 9, 2009 Florida Property Casualty Association (“FPCA”) Automobile Division conference call is provided below.  (Please click on the corresponding hyperlinks to access each item):

1. An amendment that would require Personal Injury Protection clinics to have a Florida Office of Insurance Regulation-issued-issued identification number is in CS/CS/HB 651 (relevant sections are 13 and 41)

2. Bills deleting a requirement that towing companies must use return receipt requested to notify of vehicle impoundment or immobilization are HB 1175/SB 2266 and CS/SB 2000

3. A bill regarding a increase in motor vehicle registration fees is CS/HB 5011 (section 21).


SIU Meeting to be Scheduled for May, 2009

A meeting of Special Investigative Unit (“SIU”) personnel employed by FPCA members is expected to be scheduled for early May, 2009.  This meeting will be open only to those persons whose names have been provided in writing to the Florida Department of Financial Services, Division of Insurance Fraud (“Division”) as designated employees pursuant to Section 626.989(4)(d), Fla. Stat.  Each insurer is responsible for ensuring that the personnel in attendance at this meeting have been designated pursuant to Section 626.989(4)(d), Fla. Stat.  Accordingly, please ensure such designations have been made prior to the meeting.

Section 626.989 provides qualified immunity for those specifically designated persons and insurers and further allows the sharing of information relating to persons suspected of committing fraudulent insurance acts with other specifically designated employees designated by the applicable insurers.  However, please be aware that the qualified immunity conferred on any insurer or its designated employees will be forfeited with respect to the exchange or publication of any defamatory information with third persons who are not also designated insurer employees authorized to share in such information.

Please note that the designation required in Section 626.989(4)(d) to qualify for immunity and allow the exchange of information is not the same designation required by Section 626.9891, which requires insurers to establish SIUs or anti-fraud plans and identify the assigned personnel to the Division.  Designated persons under Section 626.989(4)(d) are maintained by the Division in a separate database.  If the addition of designated employees is needed, or the verification of whether the appropriate employees are designated, please contact Denise Prather via e-mail at the Division at:  DIFSIUAdmin@fldfs.com.

Additional details regarding the date, time and location of the SIU meeting will be forthcoming.


Should you have any questions or comments, please contact Katie Scott Webb at Colodny Fass.