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2005 Summary of New State Laws - Florida

(Preliminary List of 2005 Approved/Pending Legislation)

Bill #

Bill Description

Auto Insurance

House Bill 19

Requires anyone whose driver's license has been suspended or revoked due to a DUI must renew his vehicle registration every six months. Also requires a person convicted of a DUI to maintain for a three-year period non-cancelable liability coverage for each vehicle owned. Authorizes insurer to cancel the "non-cancelable" policy if driver's license of insured is suspected or revoked. Effective: October 1, 2005.

House Bill 71

Bill increases the severity of the offense of racing on highways, commonly known as "drag racing," from a second degree misdemeanor to a first degree misdemeanor for a first offense. Effective: October 1, 2005.

House Bill 497

Increases civil penalty for driver failing to obey red traffic signal. Funds from penalties directed to trauma centers. Effective: October 1, 2005.

House Bill 501

Allows general lines agent to hold a managing general agents license as long as the MGA license was issued in other state. Removes requirement that insurer include $10 administrative fee associated with selling a PIP and property damage liability policy only. Effective: Upon governor's signature.

House Bill 551

Expands the scope of the definition of the term "rental company" to include a related rental or leasing company that is a subsidiary of the same parent company of the renting or leasing company. Effective: July 1, 2005.

Senate Bill 52

Requires a minimum amount of insurance coverage for persons engaged in retrofitting, rebuilding, or modifying commercial trucks, truck tractors, or heavy trucks into dump trucks; provides safety standards. Effective: October 1, 2005.

Senate Bill 276

Establishes within the Department of Agriculture and Consumer Services a state-wide wrecker company registration and wrecker operator certification system. Effective: July 1, 2005 unless otherwise specified.

Senate Bill 450

Provides that certain rate increases for motor vehicle insurance for insureds on active military service, and their covered dependents, constitute unfair practices. Effective: Upon governor's signature.

Senate Bill 492

Makes a number of changes regulating the towing or removal of vehicles, vessels and mobile homes. Effective: Upon governor's signature.

Miscellaneous

House Bill 69

Bill creates a Fire and Emergency Incident Information Reporting Program within the Division of State Fire Marshal in the Department of Financial Services. Bill also deposits proceeds of contraband seized by he State Fire Marshal in the Insurance Regulatory Trust Fund. Effective: Upon governor's signature.

House Bill 75

Revises the definitions of title insurance and related and primary title services; requires the Office of Insurance Regulation to approve title insurance forms and rates for title insurance by a date certain. Effective: Upon governor's signature, except for sections dealing with OIR rule-making process.

House Bill 113

Makes certain restrictions in bonds issued for public works projects unenforceable; revises form criteria for a direct contract provision; preserves lien and bond rights of certain persons; revises provisions authorizing use of certain payment bonds to transfer certain recorded liens; provides construction to preserve county court jurisdiction over certain transfer bond claims for nonpayment, etc. Effective: October 1, 2005.

House Bill 481

Requires a person who conducts business in Florida and maintains personal information in a computerized database to disclose a breach in the security of the data within 45 days of detection of the problem or be subject to an administrative fine. Effective: July 1, 2005.

Senate Bill 1432

Makes numerous amendments to the Third Party Administrator statue. Effective: October 1, 2005.

Senate Bill 1798

Updates references in Chapter 220, Florida Statutes (the Florida Income Tax Code) to reflect changes in the U.S. Internal Revenue Code adopted after January 1, 2004. Effective: Upon governor's signature and shall operate retroactively to January 1, 2005.

Senate Bill 1912

Mandates that insurance agencies must be licensed and registered with the Department of Financial Services. Effective: October 1, 2005.

Property Insurance

House Bill 315

Requires home inspectors to receive proper training and be subject to continuing education requirements: See also Senate Bill 1830.
Effective: January 1, 2006 or as otherwise specified.

House Bill 835

Directs the Florida Building Commission to update the state Building Code with the most current edition of the wind protection requirements of the American Society of Civil Engineers. Effective: July 1, 2005.

House Bill 1939

Creates two public records exemptions and one public meetings exemption relating to hurricane loss data and hurricane modeling. Effective: July 1, 2005.

Senate Bill 442

Addresses a number of issues relating to the development and administration of the Florida Building Code and related building safety requirements. Effective: July 1, 2005 except for Sec. 1 which is effective July 1, 2006.

Senate Bill 660

Creates hurricane savings trust accounts for the purpose of paying the windstorm deductible on a homeowner's property. Effective: Upon governor's signature.

Senate Bill 1486

Makes numerous changes to hurricane-related issues, including a fix to the Mierzwa decision dealing with the valued policy law. Also makes changes to the Florida Hurricane Catastrophe Fund. Effective: Upon governor's signature or otherwise specified.

Tort Reform

House Bill 135

Provides immunity to entities that own or maintain streetlights, security lights or other outdoor area lights in any civil damage actions for personal injury, wrongful death, or property damage affected or caused by the malfunction or failure of such lights, unless the provider failed to comply with certain maintenance requirements provided in the bill. Effective: Upon governor's signature.

House Bill 1019

Enacts the "Asbestos and Silica Compensation Fairness Act of 2005" which requires plaintiffs to make a prima facie showing of actual physical impairment and does not require plaintiffs to make any prima facie showing for mesothelioma claims. Effective: July 1, 2005.

Senate Bill 2228

Bill limits the liability of successor corporations that have assumed asbestos-related liabilities as the result of a merger or consolidation that occurred prior to January 1, 1972. The liability of the successor corporations is limited to the adjusted fair market value of the total gross assets of the merged or consolidated corporation on the date on the merger or consolidation. Effective: Upon governor's signature.

Workers' Compensation

House Bill 423

Amends the criteria an owner-operator of a motor vehicle must meet in order to be excluded from workers' compensation coverage. Effective: July 1, 2005.

Senate Bill 1693

Enacts federally mandates changes to state unemployment compensation tax law required by the "SUTA Dumping Prevention Act of 2004." Effective: July 1, 2005.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.

Florida State Resource Center