House Bill 0295

    Florida House of Representatives - 1999                 HB 295

        By Representative Villalobos






  1                      A bill to be entitled

  2         An act relating to personal injury protection;

  3         amending s. 627.739, F.S.; authorizing insured

  4         certain multiple deductible elections;

  5         requiring certain premium reductions; providing

  6         requirements for offers of certain limitations;

  7         providing an effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  Section 627.739, Florida Statutes, is

12  amended to read:

13         627.739  Personal injury protection; optional

14  limitations; deductibles.--

15         (1)  The named insured may elect a deductible to apply

16  to the named insured alone or to the named insured and

17  dependent relatives residing in the same household, but may

18  not elect a deductible to apply to any other person covered

19  under the policy. Any person electing a deductible or modified

20  coverage, or any combination of deductible or modified

21  coverage, or subject to such deductible or modified coverage

22  as a result of the named insured's election, shall have no

23  right to claim or to recover any amount so deducted from any

24  owner, registrant, operator, or occupant of a vehicle or any

25  person or organization legally responsible for any such

26  person's acts or omissions who is made exempt from tort

27  liability by ss. 627.730-627.7405.

28         (2)  Insurers shall offer to each applicant and to each

29  policyholder, upon the renewal of an existing policy,

30  deductibles, in amounts of $250, $500, $1,000, and $2,000,

31  such amount to be deducted from the benefits otherwise due

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






    Florida House of Representatives - 1999                 HB 295

    509-164-99






  1  each person subject to the deduction.  However, this

  2  subsection shall not be applied to reduce the amount of any

  3  benefits received in accordance with s. 627.736(1)(c).

  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         (4)  Insurers shall offer coverage wherein, at the

11  election of the named insured, the benefits for loss of gross

12  income and loss of earning capacity described in s.

13  627.736(1)(b) shall be excluded.

14         (5)  Insureds shall not be prevented from electing two

15  or more such optional limitations.  Each election made by the

16  named insured pursuant to this section shall result in an

17  appropriate reduction of premium associated with that

18  election.

19         (6)  All such offers shall be made at the time the

20  initial application is taken and prior to each renewal and

21  shall indicate that a premium reduction will result from each

22  election.

23         Section 2.  This act shall take effect October 1, 1999.

24

25            *****************************************

26                          HOUSE SUMMARY

27
      Requires insurers to allow insureds to elect more than a
28    single optional personal injury protection limitation and
      requires a premium reduction for each election.
29

30

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