CODING: Words stricken are deletions; words underlined are additions.House Bill 1549
    Florida House of Representatives - 1997                HB 1549
        By Representative Edwards
  1                      A bill to be entitled
  2         An act relating to motor vehicle insurance;
  3         amending s. 318.1451, F.S.; providing for
  4         imposing an assessment fee for an additional
  5         driver improvement course; creating s. 627.065,
  6         F.S.; providing for reducing certain motor
  7         vehicle insurance premiums for successful
  8         completion of a specified driver improvement
  9         course; providing criteria and limitations;
10         providing for a certificate of completion;
11         providing application; amending s. 627.727,
12         F.S.; specifying application of a presumption;
13         amending s. 627.728, F.S.; specifying criteria
14         for electronic notice; amending s. 627.7288,
15         F.S.; clarifying a deductible provision;
16         creating s. 627.72951, F.S.; authorizing
17         temporary binding of motor vehicle insurance
18         coverage under certain circumstances; providing
19         an effective date.
20
21  Be It Enacted by the Legislature of the State of Florida:
22
23         Section 1.  Subsection (4) of section 318.1451, Florida
24  Statutes, is amended to read:
25         318.1451  Driver improvement schools.--
26         (4)  In addition to a regular course fee, an assessment
27  fee in the amount of $2.50 shall be collected by the school
28  from each person who elects to attend a course, as it relates
29  to ss. 318.14(9), 322.0261, and 322.291, and 627.065, which
30  shall be remitted to the Department of Highway Safety and
31  Motor Vehicles and deposited in the Highway Safety Operating
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    Florida House of Representatives - 1997                HB 1549
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  1  Trust Fund to administer this program and to fund the general
  2  operations of the department.
  3         Section 2.  Section 627.065, Florida Statutes, is
  4  created to read:
  5         627.065  Insurance discounts for persons completing
  6  driver improvement course.--
  7         (1)  Any rates, rating schedules, or rating manuals for
  8  the liability, personal injury protection, and collision
  9  coverages of a motor vehicle insurance policy filed with the
10  department may provide for an appropriate reduction in premium
11  charges as to such coverages when the principal operator on
12  the covered vehicle has successfully completed a driver
13  improvement course approved and certified by the Department of
14  Highway Safety and Motor Vehicles which is effective in
15  reducing crash or violation rates pursuant to the provisions
16  of s. 318.1451(5).  Any discount, not to exceed 10 percent,
17  used by an insurer is presumed to be appropriate unless
18  credible data demonstrates otherwise.
19         (2)  The premium reduction authorized by this section
20  shall be effective for an insured for a 3-year period after
21  successful completion of the approved course, except that the
22  insurer may require, as a condition of maintaining the
23  discount, that the insured:
24         (a)  Not be involved in an accident for which the
25  insured is at fault.
26         (b)  Not be convicted of or plead guilty or nolo
27  contendere to a moving traffic violation.
28         (3)  The organization offering the course shall, upon a
29  person's successful completion of the course, issue the person
30  a certificate the person may use to qualify for the premium
31  discount authorized by this section.
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    Florida House of Representatives - 1997                HB 1549
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  1         (4)  This section does not apply if the driver
  2  improvement course is taken in lieu of a court appearance for
  3  a traffic infraction as provided for in s. 318.14(9).
  4  However, the five election restrictions enumerated in said
  5  section shall not apply for purposes of receiving insurance
  6  discounts.
  7         Section 3.  Subsection (1) of section 627.727, Florida
  8  Statutes, is amended to read:
  9         627.727  Motor vehicle insurance; uninsured and
10  underinsured vehicle coverage; insolvent insurer protection.--
11         (1)  No motor vehicle liability insurance policy which
12  provides bodily injury liability coverage shall be delivered
13  or issued for delivery in this state with respect to any
14  specifically insured or identified motor vehicle registered or
15  principally garaged in this state unless uninsured motor
16  vehicle coverage is provided therein or supplemental thereto
17  for the protection of persons insured thereunder who are
18  legally entitled to recover damages from owners or operators
19  of uninsured motor vehicles because of bodily injury,
20  sickness, or disease, including death, resulting therefrom.
21  However, the coverage required under this section is not
22  applicable when, or to the extent that, an insured named in
23  the policy makes a written rejection of the coverage on behalf
24  of all insureds under the policy.  When a motor vehicle is
25  leased for a period of 1 year or longer and the lessor of such
26  vehicle, by the terms of the lease contract, provides
27  liability coverage on the leased vehicle, the lessee of such
28  vehicle shall have the sole privilege to reject uninsured
29  motorist coverage or to select lower limits than the bodily
30  injury liability limits, regardless of whether the lessor is
31  qualified as a self-insurer pursuant to s. 324.171.  Unless an
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  1  insured, or lessee having the privilege of rejecting uninsured
  2  motorist coverage, requests such coverage or requests higher
  3  uninsured motorist limits in writing, the coverage or such
  4  higher uninsured motorist limits need not be provided in or
  5  supplemental to any other policy which renews, extends,
  6  changes, supersedes, or replaces an existing policy with the
  7  same bodily injury liability limits when an insured or lessee
  8  had rejected the coverage.  When an insured or lessee has
  9  initially selected limits of uninsured motorist coverage lower
10  than his bodily injury liability limits, higher limits of
11  uninsured motorist coverage need not be provided in or
12  supplemental to any other policy which renews, extends,
13  changes, supersedes, or replaces an existing policy with the
14  same bodily injury liability limits unless an insured requests
15  higher uninsured motorist coverage in writing. The rejection
16  or selection of lower limits shall be made on a form approved
17  by the Insurance Commissioner.  The form shall fully advise
18  the applicant of the nature of the coverage and shall state
19  that the coverage is equal to bodily injury liability limits
20  unless lower limits are requested or the coverage is rejected.
21  The heading of the form shall be in 12-point bold type and
22  shall state: "You are electing not to purchase certain
23  valuable coverage which protects you and your family or you
24  are purchasing uninsured motorist limits less than your bodily
25  injury liability limits when you sign this form.  Please read
26  carefully."  If this form is signed by a named insured, it
27  will be conclusively presumed that there was an informed,
28  knowing rejection of coverage or election of lower limits on
29  behalf of all insureds. Such presumption shall apply in favor
30  of the insurer, its agents, and employees. The insurer shall
31  notify the named insured at least annually of his options as
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  1  to the coverage required by this section.  Such notice shall
  2  be part of, and attached to, the notice of premium, shall
  3  provide for a means to allow the insured to request such
  4  coverage, and shall be given in a manner approved by the
  5  department.  Receipt of this notice does not constitute an
  6  affirmative waiver of the insured's right to uninsured
  7  motorist coverage where the insured has not signed a selection
  8  or rejection form.  The coverage described under this section
  9  shall be over and above, but shall not duplicate, the benefits
10  available to an insured under any workers' compensation law,
11  personal injury protection benefits, disability benefits law,
12  or similar law; under any automobile medical expense coverage;
13  under any motor vehicle liability insurance coverage; or from
14  the owner or operator of the uninsured motor vehicle or any
15  other person or organization jointly or severally liable
16  together with such owner or operator for the accident; and
17  such coverage shall cover the difference, if any, between the
18  sum of such benefits and the damages sustained, up to the
19  maximum amount of such coverage provided under this section.
20  The amount of coverage available under this section shall not
21  be reduced by a setoff against any coverage, including
22  liability insurance.  Such coverage shall not inure directly
23  or indirectly to the benefit of any workers' compensation or
24  disability benefits carrier or any person or organization
25  qualifying as a self-insurer under any workers' compensation
26  or disability benefits law or similar law.
27         Section 4.  Subsection (12) of section 627.728, Florida
28  Statutes, 1996 Supplement, is amended to read:
29         627.728  Cancellations; nonrenewals.--
30         (12)  No later than 10 business days after termination
31  of a policy subject to this section, the insurer must send
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  1  written or electronic notice of the termination to all holders
  2  of liens on the subject vehicle, which lienholders are known
  3  to the insurer. Electronic notice is valid only by prior
  4  agreement between the insurer and the lienholder.
  5         Section 5.  Section 627.7288, Florida Statutes, is
  6  amended to read:
  7         627.7288  Comprehensive coverage; deductible not to
  8  apply to motor vehicle glass.--The deductible provisions of
  9  any policy of motor vehicle insurance, delivered or issued in
10  this state by an authorized or eligible insurer, providing
11  comprehensive coverage or combined additional coverage shall
12  not be applicable to damage to the windshield of any motor
13  vehicle covered under such policy.
14         Section 6.  Section 627.72951, Florida Statutes, is
15  created to read:
16         627.72951  Temporary binding permitted.--An insurer may
17  temporarily bind coverage on a vehicle for a period not to
18  exceed 3 business days without first collecting premium,
19  provided the policyholder has coverage on another vehicle with
20  the same insurer or insurer group.
21         Section 7.  This act shall take effect October 1, 1997.
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24                          HOUSE SUMMARY
25
      Provides for reducing premiums for liability, personal
26    injury protection, and collision coverage upon successful
      completion of a driver improvement course approved and
27    certified by the Department of Highway Safety and Motor
      Vehicles which is effective in reducing crash or
28    violation rates. Provides for temporary binding of motor
      vehicle insurance coverage. See bill for details.
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