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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 2522

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator Holzendorf moved the following substitute for

12  amendment (194512):

13

14         Senate Amendment (with title amendment) 

15         On page 16, between lines 20 and 21,

16

17  insert:

18         Section 2.  Section 627.171, Florida Statutes, is

19  amended to read:

20         627.171  Excess or reduced rates.--

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

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

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

24  otherwise applicable filed rate on any specific risk.  The

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

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

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

28  available for review by the department.

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

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

31  commercial insurance policies written or renewed in each

                                  1
    12:00 PM   04/26/99                             s2522c1c-02b2a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2522

    Amendment No.    





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

 2  than 5 percent of its personal lines insurance policies

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

 4  personal insurance.

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

 6  pursuant to this section unless the rate is based on

 7  underwriting considerations and is not based on arbitrary or

 8  unfairly discriminatory considerations.

 9

10  (Redesignate subsequent sections.)

11

12

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

14  And the title is amended as follows:

15         On page 2, line 5, after the semicolon,

16

17  insert:

18         amending s. 627.171, F.S.; allowing insurers to

19         increase the number of policies the rates of

20         which are subject to the consent of the

21         insured;

22

23

24

25

26

27

28

29

30

31

                                  2
    12:00 PM   04/26/99                             s2522c1c-02b2a