Senate Bill 1978c1
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    Florida Senate - 1999                           CS for SB 1978
    By the Committee on Banking and Insurance; and Senator
    Diaz-Balart
    311-1867-99
  1                      A bill to be entitled
  2         An act relating to automobile insurance;
  3         amending s. 627.739, F.S.; allowing insureds to
  4         elect multiple personal injury protection
  5         policy limitations; deleting requirement that
  6         insurers offer certain limitations; allowing
  7         insureds to receive appropriate premium
  8         reductions; requiring notice; creating s.
  9         627.7277, F.S.; requiring insurers to give the
10         policyholders notice of the renewal premium;
11         providing for continuation of policy coverage
12         at existing rates if the insurer fails to
13         comply; providing an effective date.
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15  Be It Enacted by the Legislature of the State of Florida:
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17         Section 1.  Subsections (1) and (3) of section 627.739,
18  Florida Statutes, are amended, and subsections (5) and (6) are
19  added to that section, to read:
20         627.739  Personal injury protection; optional
21  limitations; deductibles.--
22         (1)  The named insured may elect a deductible or
23  modified coverage or combination thereof to apply to the named
24  insured alone or to the named insured and dependent relatives
25  residing in the same household, but may not elect a deductible
26  or modified coverage to apply to any other person covered
27  under the policy. Any person electing a deductible or modified
28  coverage, or a combination thereof, or subject to such
29  deductible or modified coverage as a result of the named
30  insured's election, shall have no right to claim or to recover
31  any amount so deducted from any owner, registrant, operator,
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    Florida Senate - 1999                           CS for SB 1978
    311-1867-99
  1  or occupant of a vehicle or any person or organization legally
  2  responsible for any such person's acts or omissions who is
  3  made exempt from tort liability by ss. 627.730-627.7405.
  4         (3)  Insurers shall offer coverage wherein, at the
  5  election of the named insured, all benefits payable under 42
  6  U.S.C. s. 1395, the federal "Medicare" program, or to active
  7  or retired military personnel and their dependent relatives
  8  shall be deducted from those benefits otherwise payable
  9  pursuant to s. 627.736(1).
10         (5)  The named insured shall not be prevented from
11  electing a deductible under subsection (2) and modified
12  coverages under subsections (3) and (4). Each election made by
13  the named insured under this section shall result in an
14  appropriate reduction of premium associated with that
15  election.
16         (6)  All such offers shall be made in clear and
17  unambiguous language at the time the initial application is
18  taken and prior to each annual renewal and shall indicate that
19  a premium reduction will result from each election. At the
20  option of the insurer, the requirements of the preceding
21  sentence are met by using forms of notice approved by the
22  department, or by providing the following notice in 10-point
23  type in the insurer's application for initial issuance of a
24  policy of motor vehicle insurance and the insurer's annual
25  notice of renewal premium:
26         "For personal injury protection insurance, the
27         named insured may elect a deductible and to
28         exclude coverage for loss of gross income and
29         loss of earning capacity ("lost wages"). These
30         elections apply to the named insured alone, or
31         to the named insured and all dependent resident
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    Florida Senate - 1999                           CS for SB 1978
    311-1867-99
  1         relatives. A premium reduction will result from
  2         these elections. The named insured is hereby
  3         advised not to elect the lost wage exclusion if
  4         the named insured or dependent resident
  5         relatives are employed, since lost wages will
  6         not be payable in the event of an accident."
  7         Section 2.  Section 627.7277, Florida Statutes, is
  8  created to read:
  9         627.7277  Notice of renewal premium.--
10         (1)  As used in this section, the terms "policy" and
11  "renewal" have the meaning ascribed in s. 627.728.
12         (2)  An insurer shall mail or deliver to its
13  policyholder at least 30 days' advance written notice of the
14  renewal premium for the policy. United States postal proof of
15  mailing or certified or registered mailing of notice of the
16  renewal premium to the named insured at the address shown in
17  the policy shall be sufficient proof of notice.
18         (3)  If the insurer fails to provide the 30 days'
19  notice of a renewal premium that results in a premium
20  increase, the coverage under the policy remains in effect at
21  the existing rates until 30 days after the notice is given or
22  until the effective date of replacement coverage obtained by
23  the insured, whichever occurs first.
24         Section 3.  This act shall take effect July 1, 1999,
25  and shall apply to policies issued or renewed on or after July
26  1, 2000.
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    Florida Senate - 1999                           CS for SB 1978
    311-1867-99
  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1978
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  4  The committee substitute does the following:
  5  -     Provides that insurers provide clear notice to
          policyholders that they may elect multiple personal
  6        injury protection policy benefit limitations and receive
          appropriate premium reductions at the time of initial
  7        application and annual renewal;
  8  -     Deletes the Medicare coordination provision which
          policyholders could elect to be deducted from their
  9        personal injury protection benefits. The Medicare
          provision was rendered obsolete due to a change in
10        federal law;
11  -     Requires private passenger automobile insurers to give
          policyholders at least 30 days' advance written notice
12        of the renewal premium of the policy. Failure to provide
          notice of a premium increase results in coverage
13        remaining in effect at the existing rates until 30 days
          after the notice is given or until the effective date of
14        replacement coverage obtained by the insured, whichever
          occurs first.
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