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
1
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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