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House Bill 1521

Florida House of Representatives - 1997 HB 1521 By Representative Mackenzie 1 A bill to be entitled 2 An act relating to solicitation of accident 3 survivors and their relatives; creating s. 4 624.417, F.S.; prohibiting insurers from 5 soliciting accident survivors and their 6 relatives; providing an exception; providing 7 penalties; creating s. 626.6116, F.S.; 8 prohibiting insurance agents and others 9 licensed by the Department of Insurance from 10 soliciting accident survivors and their 11 relatives; creating s. 877.021, F.S.; 12 prohibiting persons from soliciting accident 13 survivors and their relatives; providing a 14 criminal penalty; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Section 624.417, Florida Statutes, is 19 created to read: 20 624.417 Solicitation of survivors, relatives of 21 survivors; penalty.-- 22 (1) As used in this section: 23 (a) "Accident" means an unexpected and undesirable 24 event in this state which results in the death of or injury to 25 a person or damage to the property of a person. 26 (b) "Relative" means the father, mother, child, 27 sibling, aunt, uncle, or grandparents of a survivor of an 28 accident. 29 (c) "Solicit" means any communication, whether in 30 person or indirectly, to a survivor of an accident or a 31 relative of a survivor the purpose of which is to obtain 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1521 230-222A-97 1 employment or a contract for services relating to the accident 2 or to attempt to settle a claim arising out of the accident. 3 (2) An insurer may not solicit a survivor of an 4 accident or a relative of the survivor unless the accident 5 occurred more than 30 days before the date of the 6 solicitation. 7 (3) This section does not prohibit first-party 8 insurers from communicating with their own insureds after an 9 accident and before the end of the 30-day expiration date for 10 the sole purpose of providing the victim with the name and 11 address of the insurance company and the claim number so that 12 the victim can contact the insurer before the 30-day 13 expiration date. 14 (4) The department shall impose an administrative fine 15 of $10,000 on an insurer if it finds that the insurer has 16 violated subsection (2). The department shall revoke the 17 certificate of authority of an insurer for a second violation 18 of subsection (2). 19 Section 2. Section 626.6116, Florida Statutes, is 20 created to read: 21 626.6116 Solicitation of accident survivors; relatives 22 of survivors; penalties.-- 23 (1) As used in this section: 24 (a) "Accident" means an unexpected and undesirable 25 event in this state which results in the death of or injury to 26 a person or damage to the property of a person. 27 (b) "Relative" means the father, mother, child, 28 sibling, aunt, uncle, or grandparents of a survivor of an 29 accident. 30 (c) "Solicit" means any communication, whether in 31 person or indirectly, to a survivor of an accident or relative 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1521 230-222A-97 1 of a survivor the purpose of which is to obtain employment or 2 a contract for services relating to the accident, or to 3 attempt to settle a claim arising out of the accident. 4 (2) An agent, solicitor, adjuster, customer 5 representative, service representative, managing general 6 agent, or claims investigator may not solicit a survivor of an 7 accident or a relative of the survivor unless the accident 8 occurred more than 30 days before the date of the 9 solicitation. 10 (3) The department shall suspend for 6 months the 11 license of any agent, solicitor, adjuster, customer 12 representative, service representative, managing general 13 agent, or claims investigator if it finds that such person has 14 violated subsection (2). The department shall impose an 15 administrative penalty of $1,000 on such person for a second 16 violation of subsection (2). 17 Section 3. Section 877.021, Florida Statutes, is 18 created to read: 19 877.021 Solicitation of accident survivors, relatives 20 of survivors; penalty.-- 21 (1) As used in this section: 22 (a) "Accident" means an unexpected and undesirable 23 event in this state which results in the death of or injury to 24 a person or damage to the property of a person. 25 (b) "Relative" means the father, mother, child, 26 sibling, aunt, uncle, or grandparents of a survivor of an 27 accident. 28 (c) "Solicit" means any communication, whether in 29 person or indirectly, by a person to a survivor of an accident 30 or relative of a survivor the purpose of which is to obtain 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1521 230-222A-97 1 employment or a contract for services relating to the accident 2 or to attempt to settle a claim arising out of the accident. 3 (2) It is unlawful for any person to solicit 4 employment from a survivor of an accident or from a relative 5 of the survivor unless the accident occurred more than 30 days 6 before the date of the solicitation. 7 (3) Any person who violates subsection (2) is guilty 8 of a misdemeanor of the first degree, punishable as provided 9 in s. 775.082 or s. 775.083. 10 Section 4. This act shall take effect upon becoming a 11 law. 12 13 ***************************************** 14 SENATE SUMMARY 15 Prohibits insurers, insurance agents, solicitors, adjusters, customer representatives, service 16 representatives, managing general agents, or claims investigators from soliciting accident survivors or their 17 relatives. Provides that first-party insurers may communicate with their own insured who is an accident 18 victim for the sole purpose of providing the victim with the insurer's name and address and a claim number. 19 Provides for an administrative fine of $10,000 for a first offense and for revocation of an insurer's 20 certificate of authority for the second offense. Provides for a 6-month suspension of a licensee's license 21 for the first offense and an administrative fine of $1,000 for a second offense. Provides that any person 22 who solicits an accident survivor or relative of a survivor is guilty of a first degree misdemeanor. 23 24 25 26 27 28 29 30 31 4