Senate Bill 0316c1

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



    Florida Senate - 2000                            CS for SB 316

    By the Committee on Transportation and Senator Grant





    306-2211-00

  1                      A bill to be entitled

  2         An act relating to the Florida Safety Belt Law;

  3         amending s. 316.614, F.S.; providing

  4         restrictions on authority to search a motor

  5         vehicle, its contents, the driver, or a

  6         passenger based on a safety belt violation;

  7         deleting a provision that requires enforcement

  8         of the act only as a secondary action;

  9         requiring motor vehicle insurers to reduce

10         rates for certain motor vehicle insurance

11         coverages; providing an effective date.

12

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

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15         Section 1.  Subsection (8) of section 316.614, Florida

16  Statutes, is amended to read:

17         316.614  Safety belt usage.--

18         (8)  Any person who violates the provisions of this

19  section commits a nonmoving violation, punishable as provided

20  in chapter 318. A law enforcement officer may not search or

21  inspect a motor vehicle, its contents, the driver, or a

22  passenger solely because of a violation of this section.

23  However, except for violations of s. 316.613, enforcement of

24  this section by state or local law enforcement agencies must

25  be accomplished only as a secondary action when a driver of a

26  motor vehicle has been detained for a suspected violation of

27  another section of this chapter, chapter 320, or chapter 322.

28         Section 2.  (1)  Notwithstanding anything in section

29  627.062, Florida Statutes, or the Florida Insurance Code to

30  the contrary, the Department of Insurance shall not approve a

31  rate to be charged in a motor vehicle insurance policy that is

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






    Florida Senate - 2000                            CS for SB 316
    306-2211-00




  1  issued or renewed on or after the effective date of this act

  2  unless that rate includes a reduction based upon the projected

  3  savings to the insurer as a result of the "primary

  4  enforcement" of Florida's seat-belt law implemented by section

  5  (1) of this act. The amount of the reduction shall be

  6  separately stated in the rate filing made by the insurer with

  7  the department and the reduction shall be documented and

  8  supported by actuarial data and analysis. A rate which

  9  includes a reduction of less than 10 percent for personal

10  injury protection, medical payments, uninsured motorist, and

11  bodily injury liability coverages shall be presumed to be an

12  excessive or unfairly discriminatory rate, unless the insurer

13  demonstrates by appropriate actuarial data as part of the rate

14  filing process in section 627.062, Florida Statutes, that a

15  lower reduction is warranted.

16         (2)  This section shall take effect upon becoming law

17  and shall apply only to motor vehicle insurance policies

18  issued or renewed on or after the effective date of this act.

19         Section 3.  This act shall take effect July 1, 2000.

20

21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                              SB 316

23

24  The CS provides the Department of Insurance is not to approve
    a rate to be charged in a motor vehicle policy issued or
25  renewed on or after the effective date of this CS unless that
    rate includes a reduction based on the projected savings to
26  the insurer as a result of the primary enforcement of
    Florida's safety belt law.  The CS provides a reduction of
27  less than 10 percent for specified coverages is to be presumed
    to be an excessive or unfairly discriminatory rate, unless the
28  insurer demonstrates by appropriate actuarial data that a
    lower reduction is warranted.
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