SENATE AMENDMENT
    Bill No. CS for SB 2196
    Amendment No. ___   Barcode 284710
                            CHAMBER ACTION
              Senate                               House
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       04/23/2004 10:30 AM         .                    
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11  Senator Fasano moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 3, lines 4 through 11, delete those lines
15  
16  and insert:  
17         Section 2.  Subsection (2) of section 627.4133, Florida
18  Statutes, is amended, and subsection (4) is added to that
19  section, to read:
20         627.4133  Notice of cancellation, nonrenewal, or
21  renewal premium.--
22         (2)  With respect to any personal lines or commercial
23  residential property insurance policy, including, but not
24  limited to, any homeowner's, mobile home owner's, farmowner's,
25  condominium association, condominium unit owner's, apartment
26  building, or other policy covering a residential structure or
27  its contents:
28         (a)  The insurer shall give the named insured at least
29  45 days' advance written notice of the renewal premium.
30         (b)  The insurer shall give the named insured written
31  notice of nonrenewal, cancellation, or termination at least
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    2:48 PM   04/21/04                              s2196c1c-11tj9

SENATE AMENDMENT Bill No. CS for SB 2196 Amendment No. ___ Barcode 284710 1 180 90 days prior to the effective date of the nonrenewal, 2 cancellation, or termination. The notice must include the 3 reason or reasons for the nonrenewal, cancellation, or 4 termination, except that: 5 1. When cancellation is for nonpayment of premium, at 6 least 10 days' written notice of cancellation accompanied by 7 the reason therefor shall be given. 8 2. When such cancellation or termination occurs during 9 the first 90 days during which the insurance is in force and 10 the insurance is canceled or terminated for reasons other than 11 nonpayment of premium, at least 20 days' written notice of 12 cancellation or termination accompanied by the reason therefor 13 shall be given except where there has been a material 14 misstatement or misrepresentation or failure to comply with 15 the underwriting requirements established by the insurer. 16 17 After the policy has been in effect for 90 days, the policy 18 shall not be canceled by the insurer except when there has 19 been a material misstatement, a nonpayment of premium, a 20 failure to comply with underwriting requirements established 21 by the insurer within 90 days of the date of effectuation of 22 coverage, or a substantial change in the risk covered by the 23 policy or when the cancellation is for all insureds under such 24 policies for a given class of insureds. This paragraph does 25 not apply to individually rated risks having a policy term of 26 less than 90 days. 27 (c) If the insurer fails to provide the notice 28 required by this subsection, other than the 10-day notice, the 29 coverage provided to the named insured shall remain in effect 30 until the effective date of replacement coverage or until the 31 expiration of a period of days after the notice is given equal 2 2:48 PM 04/21/04 s2196c1c-11tj9
SENATE AMENDMENT Bill No. CS for SB 2196 Amendment No. ___ Barcode 284710 1 to the required notice period, whichever occurs first. The 2 premium for the coverage shall remain the same during any such 3 extension period except that, in the event of failure to 4 provide notice of nonrenewal, if the rate filing then in 5 effect would have resulted in a premium reduction, the premium 6 during such extension shall be calculated based on the later 7 rate filing. 8 (4) An insurer that cancels a property insurance 9 policy on property secured by a mortgage due to the failure of 10 the lender to timely pay the premium when due shall reinstate 11 the policy as required by s. 501.137. 12 13 14 ================ T I T L E A M E N D M E N T =============== 15 And the title is amended as follows: 16 On page 1, line 14, after the second semicolon, 17 18 insert: 19 increasing the time period when an insurer must 20 give notice before nonrenewing, canceling, or 21 terminating a residential property insurance 22 policy; 23 24 25 26 27 28 29 30 31 3 2:48 PM 04/21/04 s2196c1c-11tj9