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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 780

    Amendment No.    

                            CHAMBER ACTION
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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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25  ================ T I T L E   A M E N D M E N T ===============

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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