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



                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 432

    Amendment No. ___   Barcode 192720

                            CHAMBER ACTION
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11  Senator Futch moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 4, lines 21-27, delete those lines

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16  and insert:

17         Section 2.  Paragraphs (n) and (w) of subsection (1) of

18  section 626.9541, Florida Statutes, are amended to read:

19         626.9541  Unfair methods of competition and unfair or

20  deceptive acts or practices defined.--

21         (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR

22  DECEPTIVE ACTS.--The following are defined as unfair methods

23  of competition and unfair or deceptive acts or practices:

24         (n)  Free insurance prohibited.--

25         1.  Advertising, offering, or providing free insurance

26  as an inducement to the purchase or sale of real or personal

27  property or of services directly or indirectly connected with

28  such real or personal property.

29         2.  For the purposes of this paragraph, "free"

30  insurance is:

31         a.  Insurance for which no identifiable and additional

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 432

    Amendment No. ___   Barcode 192720





  1  charge is made to the purchaser of such real property,

  2  personal property, or services.

  3         b.  Insurance for which an identifiable or additional

  4  charge is made in an amount less than the cost of such

  5  insurance as to the seller or other person, other than the

  6  insurer, providing the same.

  7         3.  Subparagraphs 1. and 2. do not apply to:

  8         a.  Insurance of, loss of, or damage to the real or

  9  personal property involved in any such sale or services, under

10  a policy covering the interests therein of the seller or

11  vendor.

12         b.  Blanket disability insurance as defined in s.

13  627.659.

14         c.  Credit life insurance or credit disability

15  insurance.

16         d.  Any individual, isolated, nonrecurring unadvertised

17  transaction not in the regular course of business.

18         e.  Title insurance.

19         f.  Any purchase agreement involving the purchase of a

20  cemetery lot or lots in which, under stated conditions, any

21  balance due is forgiven upon the death of the purchaser.

22         g.  Life insurance, trip cancellation insurance, or

23  lost baggage insurance offered by a travel agency as part of a

24  travel package offered by and booked through the agency.

25         h.  Private passenger auto insurance provided and paid

26  for by an entity licensed under s. 320.61, and approved and

27  determined by the department to be in the public interest.

28         4.  Using the word "free" or words which imply the

29  provision of insurance without a cost to describe life or

30  disability insurance, in connection with the advertising or

31  offering for sale of any kind of goods, merchandise, or

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 432

    Amendment No. ___   Barcode 192720





  1  services.

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

  5  And the title is amended as follows:

  6         On page 1, line 10, after the first semicolon,

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  8  insert:

  9         providing an exception to the prohibition on

10         providing free insurance as an unfair method of

11         competition;

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