SENATE AMENDMENT

    Bill No. CS for SB 1978

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Holzendorf moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 2, between lines 4 and 5,

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16  insert:

17         Section 2.  Section 1 of this act applies to the

18  renewal of a policy having an effective date of renewal on or

19  after August 15, 2000.

20         Section 3.  Section 627.171, Florida Statutes, is

21  amended to read:

22         627.171  Excess or reduced rates.--

23         (1)  With written consent of the insured signed prior

24  to the policy inception date and filed with the insurer, the

25  insurer may use a rate in excess of or lower than the

26  otherwise applicable filed rate on any specific risk.  The

27  signed consent form must include the filed rate as well as the

28  excess or reduced rate for the risk insured and a copy of the

29  form must be maintained by the insurer for 3 years and be

30  available for review by the department.

31         (2)  An insurer may not use excess or reduced rates

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    11:36 AM   04/22/99                             s1978c1c-02k7a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1978

    Amendment No.    





 1  pursuant to this section for more than 20 10 percent of its

 2  commercial insurance policies written or renewed in each

 3  calendar year for any line of commercial insurance or for more

 4  than 5 percent of its personal lines insurance policies

 5  written or renewed in each calendar year for any line of

 6  personal insurance.

 7         (3)  An insurer may not use an excess or reduced rate

 8  pursuant to this section unless the rate is based on

 9  underwriting considerations and is not based on arbitrary or

10  unfairly discriminatory considerations.

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12  (Redesignate subsequent sections.)

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15  ================ T I T L E   A M E N D M E N T ===============

16  And the title is amended as follows:

17         On page 1, line 6, after the semicolon

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19  insert:

20         providing applicability; amending s. 627.171,

21         F.S.; allowing insurers to increase the number

22         of policies the rates of which are subject to

23         the consent of the insured;

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    11:36 AM   04/22/99                             s1978c1c-02k7a