When considering the activities of the legislature, it is easyto isolate one or two major insurance industry issues until theyseemingly define the entire course of the session. That wasespecially true last year when newly elected Governor Charlie Cristand a compliant legislature waged a successful populist agenda toredefine the state's role in the property market and effectivelyend the PIP debate without instituting any major reforms. Butbeyond those issues that seem to suck the oxygen out of the reform,there are a host of smaller issues that the insurance industrykeeps its eyes on. As heavily regulated as the industry is, it canill afford to neglect the smaller changes that can affect costs.These costs often have less to do with substantive changes such asretaining PIP, as they do with process issues such as how tocollect assessments or what forms must be submitted in cases of anaudit.

One example of this focus on smaller and procedural issues canbe found in the Florida Insurance Council's legislative agenda,which is developed by its legislative and executive committees. Theissues range from gun control, to public records exemptions, healthcare mandates, and Citizens Property Insurance Corporation.

What follows is a list of FIC's current legislative agenda, withthe caveat that more issues could be added as the legislativeprocess moves forward.

General Insurance

Reiterates its 2007 opposition to “guns in the workplace”legislation.

Reiterates its 2007 opposition to legislation to repeal theFabre decision on joint-and-several liability.

Opposes at the state or federal level attempts to repeal ordilute the insurance industry's exemption from the federalMcCarren-Ferguson Act.

Opposes any attempt to prohibit insurer use of validunderwriting and rating factors, such as occupation, education, andcredit.

Supports re-enactment of the public records exemption forconsumer credit models determined by a court to be a trade secretas recommended in a Senate Banking & Insurance Committeeinterim study.

Reiterates its position from 2007 that it opposes anyrequirement that an insurer offer one line of coverage as acondition to offering another line of coverage. (The Legislaturehas passed a broadly worded provision requiring carriers writinghomeowners insurance in any state to offer it in Florida as acondition for writing private passenger auto insurance in Florida.Efforts to expand and strengthen this provision are expected.)

Automobile Insurance

Supports legislation prohibiting local government accidentresponse fees.

Supports amendment of chapter 627.744 to make auto insurancepre-inspections voluntary and no longer mandatory in the designatedcounties. FIC opposes expansion of the mandate.

Opposes mandatory bodily injury liability insurance.

Supports SB 178, creating a pilot program on insuranceassistance for youthful drivers living with foster parents.

Opposes SB 616, requiring certain motor vehicle owners oroperators to maintain, by insurance or other means, financialresponsibility for on-scene wrecker service charges requested bylaw enforcement officers.

Supports HB 11 and SB 94, primary enforcement of the seat beltlaw.

Health Insurance

Opposes any benefit or provider mandate, including, but notlimited to, autism, cystic fibrosis, congenital craniofacialanomalies, surgical first assistants, infant eye examinations, Lymedisease, out-of-network and investigative care, diabetes screening,HPV vaccine, and shingles vaccine.

Reserves the right to negotiate for a possible compromise withsponsors 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 onStranger-Owned Life Insurance.

Property Insurance

Supports maintaining the current Florida Hurricane CatastropheFund, including the $12 billion optional buy-up coverage andre-enactment for another year of the $10 million drop-down coveragefor limited apportionment companies. The property committee mayrecommend a different position after consideration of specificlegislative proposals involving the Cat Fund during the 2008session, but the FIC position now is that stability in the fund iscritical and the status quo should be maintained.

Opposes a proposal by Citizens Property Insurance Corporationthat policyholders in the high risk account be required to purchaseunderlying perils coverage from Citizens.

Supports the public adjuster and property loss appraiser umpirepackages proposed by the Citizens claims resolution task force andInsurance Consumer Advocate Robert Milligan.

Instructs FIC lobbyists, if the opportunity presents itself, torepeal the prohibition on the replacement cost coverage holdbackpassed by the Legislature during the 2006 regular session.

Instructs FIC lobbyists, if the opportunity presents itself, toenact a more favorable, consistent mechanism for insurers to recoupassessments from Citizens, the Cat Fund and the Florida InsuranceGuaranty Fund. The focus should be on assess and remit.

Instructs FIC lobbyists, if the opportunity presents itself, tosupport phase two of the Capital Incentive Program.

Instructs FIC lobbyists, if the opportunity presents itself, torepeal the statute allowing forced placement of Citizens bond.

Reiterates its position from 2007 that the most significantlong-term solution to ensuring a viable private market forproperty/homeowners insurance is an adequate, risk-based ratestructure. Consistent with this position, the Council opposesnegative rating law changes from OIR in response to presumedfactor/true-up filings.

Reiterates its position from 2007 that it opposes expansion ofthe various assessment bases. This position is amended to statethat FIC will pursue any opportunity to make assessment bases morereflective of the risk coverage being financed. (The Legislature,during 2007, expanded the Citizens assessment base to make itconsistent with the Florida Hurricane Catastrophe Fund assessmentbase, except that medical malpractice insurance is permanentlyexempted. The Cat Fund and now Citizens' assessment base is allproperty and casualty, except workers' compensation and medicalmalpractice, a permanent exemption under Citizens and an exemptionthrough the 2007 hurricane season under the Cat Fund.)

Opposes further expansion of coverage provided by Citizens andcompetition with the private market by Citizens.

Reiterates its 2007 opposition to legislation reducing oreliminating the trust fund/collateral requirement for alienreinsurance companies.

Opposes further restrictions on Florida “pups” and efforts toabolish existing “pups.”

Workers' Compensation

Opposes any legislation amending Chapter 440 or any statutoryrevision/repeal that would affect Senate Bill 50A workers'compensation reforms.

Generally opposes Professional Employer Organization legislationaffecting workers' compensation insurance and more specifically:legislation that would create exceptions or exemptions to presentlaw and the statutory requirement that the PEO has the sole,non-delegable duty to secure coverage; and legislation that wouldcreate, codify or encourage gaps in coverage. FIC supports,however, legislation that would eliminate or minimize gaps incoverage in the PEO industry.