CODING: Words stricken are deletions; words underlined are additions.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