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 amendment:
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13 Senate Amendment (with title amendment)
14 On page 23, between lines 9 and 10,
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16 and insert:
17 Section 22. Subsection (8) of section 316.614, Florida
18 Statutes, is amended to read:
19 316.614 Safety belt usage.--
20 (8) Any person who violates the provisions of this
21 section commits a nonmoving violation, punishable as provided
22 in chapter 318. A law enforcement officer may not search or
23 inspect a motor vehicle, its contents, the driver, or a
24 passenger solely because of a violation of this section.
25 However, except for violations of s. 316.613, enforcement of
26 this section by state or local law enforcement agencies must
27 be accomplished only as a secondary action when a driver of a
28 motor vehicle has been detained for a suspected violation of
29 another section of this chapter, chapter 320, or chapter 322.
30 Section 23. (1) Notwithstanding anything in s.
31 627.062, s. 627.0651, or the Florida Insurance Code to the
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SENATE AMENDMENT
Bill No. CS for SB 780
Amendment No.
1 contrary, the Department of Insurance shall not approve a rate
2 to be charged in a motor vehicle insurance policy that is
3 issued or renewed on or after the effective date of this act
4 unless that rate includes a reduction based upon the projected
5 savings to the insurer as a result of the "primary
6 enforcement" of Florida's seat-belt law implemented by section
7 (1) of this act. The amount of the reduction shall be
8 separately stated in the rate filing made by the insurer with
9 the department and the reduction shall be documented and
10 supported by actuarial data and analysis. A rate which
11 includes a reduction less that 10 percent for personal injury
12 protection, medical payments, uninsured motorist, and bodily
13 injury liability coverages, shall be presumed to be an
14 excessive or unfairly discriminatory rate, unless the insurer
15 demonstrates by appropriate actuarial data as part of the rate
16 filing process in s. 627.062 or s. 627.0651 that a lower
17 reduction is warranted.
18 (2) This section shall take effect upon becoming law
19 and shall apply only to motor vehicle insurance policies
20 issued or renewed on or after the effective date of this act.
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22 (Redesignate subsequent sections.)
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26 And the title is amended as follows:
27 On page 2, line 20, after the semicolon
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29 insert
30 amending s. 316.614, F.S.; providing
31 restrictions on authority to search a motor
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SENATE AMENDMENT
Bill No. CS for SB 780
Amendment No.
1 vehicle, its contents, the driver, or a
2 passenger based on a safety belt violation;
3 deleting a provision that requires enforcement
4 of the act only as a secondary action;
5 requiring motor vehicle insurers to reduce
6 rates for certain motor vehicle insurance
7 coverages;
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