When considering the activities of the legislature, it is easy to isolate one or two major insurance industry issues until they seemingly define the entire course of the session. That was especially true last year when newly elected Governor Charlie Crist and a compliant legislature waged a successful populist agenda to redefine the state's role in the property market and effectively end the PIP debate without instituting any major reforms. But beyond those issues that seem to suck the oxygen out of the reform, there are a host of smaller issues that the insurance industry keeps its eyes on. As heavily regulated as the industry is, it can ill afford to neglect the smaller changes that can affect costs. These costs often have less to do with substantive changes such as retaining PIP, as they do with process issues such as how to collect assessments or what forms must be submitted in cases of an audit.
One example of this focus on smaller and procedural issues can be found in the Florida Insurance Council's legislative agenda, which is developed by its legislative and executive committees. The issues range from gun control, to public records exemptions, health care mandates, and Citizens Property Insurance Corporation.
What follows is a list of FIC's current legislative agenda, with the caveat that more issues could be added as the legislative process moves forward.
General Insurance
Reiterates its 2007 opposition to “guns in the workplace” legislation.
Reiterates its 2007 opposition to legislation to repeal the Fabre decision on joint-and-several liability.
Opposes at the state or federal level attempts to repeal or dilute the insurance industry's exemption from the federal McCarren-Ferguson Act.
Opposes any attempt to prohibit insurer use of valid underwriting and rating factors, such as occupation, education, and credit.
Supports re-enactment of the public records exemption for consumer credit models determined by a court to be a trade secret as recommended in a Senate Banking & Insurance Committee interim study.
Reiterates its position from 2007 that it opposes any requirement that an insurer offer one line of coverage as a condition to offering another line of coverage. (The Legislature has passed a broadly worded provision requiring carriers writing homeowners insurance in any state to offer it in Florida as a condition for writing private passenger auto insurance in Florida. Efforts to expand and strengthen this provision are expected.)
Automobile Insurance
Supports legislation prohibiting local government accident response fees.
Supports amendment of chapter 627.744 to make auto insurance pre-inspections voluntary and no longer mandatory in the designated counties. FIC opposes expansion of the mandate.
Opposes mandatory bodily injury liability insurance.
Supports SB 178, creating a pilot program on insurance assistance for youthful drivers living with foster parents.
Opposes SB 616, requiring certain motor vehicle owners or operators to maintain, by insurance or other means, financial responsibility for on-scene wrecker service charges requested by law enforcement officers.
Supports HB 11 and SB 94, primary enforcement of the seat belt law.
Health Insurance
Opposes any benefit or provider mandate, including, but not limited to, autism, cystic fibrosis, congenital craniofacial anomalies, surgical first assistants, infant eye examinations, Lyme disease, out-of-network and investigative care, diabetes screening, HPV vaccine, and shingles vaccine.
Reserves the right to negotiate for a possible compromise with sponsors of HB 53, prostate cancer screening.
Opposes any new taxes on health maintenance organizations.
Life Insurance
A top priority is the adoption of the NAIC or NCOIL model act on Stranger-Owned Life Insurance.
Property Insurance
Supports maintaining the current Florida Hurricane Catastrophe Fund, including the $12 billion optional buy-up coverage and re-enactment for another year of the $10 million drop-down coverage for limited apportionment companies. The property committee may recommend a different position after consideration of specific legislative proposals involving the Cat Fund during the 2008 session, but the FIC position now is that stability in the fund is critical and the status quo should be maintained.
Opposes a proposal by Citizens Property Insurance Corporation that policyholders in the high risk account be required to purchase underlying perils coverage from Citizens.
Supports the public adjuster and property loss appraiser umpire packages proposed by the Citizens claims resolution task force and Insurance Consumer Advocate Robert Milligan.
Instructs FIC lobbyists, if the opportunity presents itself, to repeal the prohibition on the replacement cost coverage holdback passed by the Legislature during the 2006 regular session.
Instructs FIC lobbyists, if the opportunity presents itself, to enact a more favorable, consistent mechanism for insurers to recoup assessments from Citizens, the Cat Fund and the Florida Insurance Guaranty Fund. The focus should be on assess and remit.
Instructs FIC lobbyists, if the opportunity presents itself, to support phase two of the Capital Incentive Program.
Instructs FIC lobbyists, if the opportunity presents itself, to repeal the statute allowing forced placement of Citizens bond.
Reiterates its position from 2007 that the most significant long-term solution to ensuring a viable private market for property/homeowners insurance is an adequate, risk-based rate structure. Consistent with this position, the Council opposes negative rating law changes from OIR in response to presumed factor/true-up filings.
Reiterates its position from 2007 that it opposes expansion of the various assessment bases. This position is amended to state that FIC will pursue any opportunity to make assessment bases more reflective of the risk coverage being financed. (The Legislature, during 2007, expanded the Citizens assessment base to make it consistent with the Florida Hurricane Catastrophe Fund assessment base, except that medical malpractice insurance is permanently exempted. The Cat Fund and now Citizens' assessment base is all property and casualty, except workers' compensation and medical malpractice, a permanent exemption under Citizens and an exemption through the 2007 hurricane season under the Cat Fund.)
Opposes further expansion of coverage provided by Citizens and competition with the private market by Citizens.
Reiterates its 2007 opposition to legislation reducing or eliminating the trust fund/collateral requirement for alien reinsurance companies.
Opposes further restrictions on Florida “pups” and efforts to abolish existing “pups.”
Workers' Compensation
Opposes any legislation amending Chapter 440 or any statutory revision/repeal that would affect Senate Bill 50A workers' compensation reforms.
Generally opposes Professional Employer Organization legislation affecting workers' compensation insurance and more specifically: legislation that would create exceptions or exemptions to present law and the statutory requirement that the PEO has the sole, non-delegable duty to secure coverage; and legislation that would create, codify or encourage gaps in coverage. FIC supports, however, legislation that would eliminate or minimize gaps in coverage in the PEO industry.
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