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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 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1549 519-144A-97 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. 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1549 519-144A-97 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 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1549 519-144A-97 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 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1549 519-144A-97 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 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1549 519-144A-97 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. 22 23 ***************************************** 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. 29 30 31 6