Florida Gov. Rick Scott moved quickly to sign into law the property insurance bill approved by the Legislature in the last week of the regular session. He signed SB 408 on May 17, 2011, just six days after it reached his desk and well before the May 26 deadline.
The House passed the bill 85-33 on May 4, and the Senate approved it 26-11 on May 5.
The new law makes numerous changes to property insurance practices, but the one we're focused on his Scott's campaign promise to "reduce insurance fraud involving sinkholes." His signature completes that promise.
The broad new law brought cheers from the industry and business community, who called it a big step forward for increased competition in the insurance market. The Florida Chamber of Commerce called it a bold act of leadership for Scott, considering he had received almost 400 letters, e-mails and phone calls about the bill in the past week – almost all of them opposing it.
Sen. Mike Fasano, R-New Port Richey, led the opposition to the bill, citing its potential to lead to rate increases and calling it a triumph of big business over the consumer.
The law allows insurance companies to pass on reinsurance costs to policyholders, trims the time homeowners have to apply for reimbursement of damages after hurricanes, allows insurers to make owners pay for the repairs first before being reimbursed, and lets insurers raise rates before state regulators approve them.
To fight sinkhole fraud, the new law also shortens the window for filing sinkhole damage claims, and limits claims for damage caused by sinkholes to primary structures. Starting Jan. 1, 2012, insurers will not cover damage to driveways, sidewalks, decks, patios or structures other than the home that are directly or indirectly caused by sinkholes.
Since lawmakers determined that some properties weren't being repaired even after insurers made payments – thus reducing the local property tax base and hurting the real estate market – the law also requires that the policyholder must sign a contract to stabilize the home and fix the foundation within 90 days after the insurer confirms it will pay for it.
The St. Petersburg Times reported that Scott signed the bill without ceremony, issuing a brief news release afterward that said the signing followed through on his "campaign promise to allow competition that gives consumers more insurance choices."
Indeed, Scott's promise in the campaign was to promote policies that would reduce fraud in sinkhole claims. The passage of the bill definitely does that. We rate this a Promise Kept.