Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 1361, 1st Eng.
Barcode 872870
CHAMBER ACTION
Senate House
.
.
1 . C/2R
. 05/05/2006 22:19:31
2 .
.
3 Floor: 1/AD/2R .
05/02/2006 02:21 PM .
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Posey moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 Between lines 48 and 49,
15
16 insert:
17 Section 2. Paragraph (n) of subsection (1) of section
18 626.9541, Florida Statutes, is 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
1
3:37 PM 04/29/06 h136103e1c-24-j02
Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 1361, 1st Eng.
Barcode 872870
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. Insurance covering property, other than real
26 property or motor vehicles, if the person paying for the
27 insurance:
28 (I) Has an ongoing contractual interest or other
29 economic interest in the property; or
30 (II) Requires the property to deliver its services.
31 4. Using the word "free" or words which imply the
2
3:37 PM 04/29/06 h136103e1c-24-j02
Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 1361, 1st Eng.
Barcode 872870
1 provision of insurance without a cost to describe life or
2 disability insurance, in connection with the advertising or
3 offering for sale of any kind of goods, merchandise, or
4 services.
5
6 (Redesignate subsequent sections.)
7
8
9 ================ T I T L E A M E N D M E N T ===============
10 And the title is amended as follows:
11 On line 8, after the semicolon,
12
13 insert:
14 amending s. 626.9541, F.S., relating to unfair
15 methods of competition and unfair or deceptive
16 acts or practices; exempting, from the
17 prohibition on free insurance, insurance
18 covering property other than real property or
19 motor vehicles under specified circumstances;
20
21
22
23
24
25
26
27
28
29
30
31
3
3:37 PM 04/29/06 h136103e1c-24-j02