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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 780

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Grant moved the following substitute for amendment

12  (583046):

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14         Senate Amendment (with title amendment) 

15         On page 23, between lines 9 and 10,

16

17  and insert:

18         Section 22.  Subsection (8) of section 316.614, Florida

19  Statutes, is amended to read:

20         316.614  Safety belt usage.--

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

22  section commits a nonmoving violation, punishable as provided

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

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

25  passenger solely because of a violation of this section.

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

27  this section by state or local law enforcement agencies must

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

29  motor vehicle has been detained for a suspected violation of

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

31         Section 23.  (1)  Notwithstanding anything in s.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 780

    Amendment No.    





 1  627.062, s. 627.0651, or the Florida Insurance Code to the

 2  contrary, the Department of Insurance shall not approve a rate

 3  to be charged in a motor vehicle insurance policy that is

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

 5  unless that rate includes a reduction based upon the projected

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

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

 8  (22) of this act. The amount of the reduction shall be

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

10  the department and the reduction shall be documented and

11  supported by actuarial data and analysis. A rate which

12  includes a reduction less that 10 percent for personal injury

13  protection, medical payments, uninsured motorist, and bodily

14  injury liability coverages, shall be presumed to be an

15  excessive or unfairly discriminatory rate, unless the insurer

16  demonstrates by appropriate actuarial data as part of the rate

17  filing process in s. 627.062 or s. 627.0651 that a lower

18  reduction is warranted.

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

20  and shall apply only to motor vehicle insurance policies

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

22

23  (Redesignate subsequent sections.)

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

27  And the title is amended as follows:

28         On page 2, line 20, after the semicolon

29

30  insert

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 780

    Amendment No.    





 1         restrictions on authority to search a motor

 2         vehicle, its contents, the driver, or a

 3         passenger based on a safety belt violation;

 4         deleting a provision that requires enforcement

 5         of the act only as a secondary action;

 6         requiring motor vehicle insurers to reduce

 7         rates for certain motor vehicle insurance

 8         coverages;

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