Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 420
                        Barcode 435394
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: FAV             .                    
       04/21/2006 07:09 PM         .                    
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11  The Committee on Banking and Insurance (Baker) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 627.744, Florida Statutes, is
19  amended to read:
20         627.744  Voluntary Required preinsurance inspection of
21  private passenger motor vehicles.--
22         (1)  A private passenger motor vehicle insurance
23  company may require a preinsurance inspection of any motor
24  vehicle to be covered by the company as part of the company's
25  fraud prevention program and as a condition of issuance of
26  policy providing physical damage coverage for the motor
27  vehicle, including collision or comprehensive coverage, may
28  not be issued in this state unless the insurer has inspected
29  the motor vehicle in accordance with this section.
30         (2)  This section does not apply:
31         (a)  To a policy for a policyholder who has been
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    4:43 PM   04/20/06                             s0420d-bi20-j02

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 420 Barcode 435394 1 insured for 2 years or longer, without interruption, under a 2 private passenger motor vehicle policy which provides physical 3 damage coverage, if the agent of the insurer verifies the 4 previous coverage. 5 (b) To a new, unused motor vehicle purchased from a 6 licensed motor vehicle dealer or leasing company, if the 7 insurer is provided with: 8 1. A bill of sale or buyer's order which contains a 9 full description of the motor vehicle, including all options 10 and accessories; or 11 2. A copy of the title which establishes transfer of 12 ownership from the dealer or leasing company to the customer 13 and a copy of the window sticker or the dealer invoice showing 14 the itemized options and equipment and the total retail price 15 of the vehicle. 16 17 For the purposes of this paragraph, the physical damage 18 coverage on the motor vehicle may not be suspended during the 19 term of the policy due to the applicant's failure to provide 20 the required documents. However, payment of a claim is 21 conditioned upon the receipt by the insurer of the required 22 documents, and no physical damage loss occurring after the 23 effective date of the coverage is payable until the documents 24 are provided to the insurer. 25 (c) To a temporary substitute motor vehicle. 26 (d) To a motor vehicle which is leased for less than 6 27 months, if the insurer receives the lease or rental agreement 28 containing a description of the leased motor vehicle, 29 including its condition. Payment of a physical damage claim is 30 conditioned upon receipt of the lease or rental agreement. 31 (e) To a vehicle that is 10 years old or older, as 2 4:43 PM 04/20/06 s0420d-bi20-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 420 Barcode 435394 1 determined by reference to the model year. 2 (f) To any renewal policy. 3 (g) To a motor vehicle policy issued in a county with 4 a 1988 estimated population of less than 500,000. 5 (h) To any other vehicle or policy exempted by rule of 6 the commission. The commission may base a rule under this 7 paragraph only on a determination that the likelihood of a 8 fraudulent physical damage claim is remote or that the 9 inspection would cause a serious hardship to the insurer or 10 the applicant. 11 (i) When the insurer's authorized inspection service 12 has no inspection facility either in the municipality in which 13 the automobile is principally garaged or within 10 miles of 14 such municipality. 15 (j) When the insured vehicle is insured under a 16 commercially rated policy that insures five or more vehicles. 17 (k) When an insurance producer is transferring a book 18 of business from one insurer to another. 19 (l) When an individual insured's coverage is being 20 transferred and initiated by a producer to a new insurer. 21 (3) This subsection does not prohibit an insurer from 22 requiring a preinsurance inspection of any motor vehicle as a 23 condition of issuance of physical damage coverage. 24 (2)(4) The inspection allowed required by this section 25 shall be provided by the insurer or by a person or 26 organization authorized by the insurer. The applicant may be 27 required to pay the cost of the inspection, not to exceed $5. 28 The inspection shall be recorded on a form prescribed by the 29 commission, and the insurer shall be provided with direct and 30 timely access to the complete inspection report via the 31 Internet or the form or a copy shall be retained by the 3 4:43 PM 04/20/06 s0420d-bi20-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 420 Barcode 435394 1 insurer with its policy records for the insured. The insurer 2 shall provide a copy of the form to the insured upon request. 3 Any inspection fee paid directly by the applicant may not be 4 considered part of the premium. However, an insurer that 5 provides the inspection at no cost to the applicant may 6 include the expense of the inspection within a rate filing. 7 (3)(5) The inspection shall include at least the 8 following: 9 (a) Taking a physical imprint of the vehicle 10 identification number of the vehicle or otherwise recording 11 the vehicle identification number in a manner prescribed by 12 the commission. 13 (b) Recording the presence of accessories required by 14 the commission to be recorded. 15 (c) Recording the locations of and a description of 16 existing damage to the vehicle. 17 (d) Taking two color images at oblique angles, clearly 18 showing all four sides of the vehicle and any observable prior 19 damage, and taking one color image of the Motor Vehicle Safety 20 Standard Label, which includes the vehicle identification 21 number. As used in this paragraph, the term "color image" 22 means any technology producing a clear visual image in color, 23 including, but not limited to, an instant-type photograph, a 24 photograph using the film process, a digital photograph, or 25 other digital-imaging process that may be accessed, stored, 26 and retrieved via the Internet. 27 (4) No expense for preinsurance inspections of motor 28 vehicles may be included in any rate filing by an insurer 29 after the effective date of this act. Each insurer that 30 included the expense for preinsurance inspections of private 31 passenger motor vehicles in rate filings for physical damage 4 4:43 PM 04/20/06 s0420d-bi20-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 420 Barcode 435394 1 coverage, including collision or comprehensive coverage, filed 2 with the office before July 1, 2006, shall make a new rate 3 filing with the office, on or before October 1, 2006, which 4 shall: 5 (a) Identify the expense attributable to preinsurance 6 inspections in prior rate filings; 7 (b) Eliminate such expense; and 8 (c) Reduce the premiums for physical damage coverage 9 accordingly in policies issued after October 1, 2006. 10 11 This subsection does not apply to an insurer that notifies the 12 office, on or before October 1, 2006, that it will uniformly 13 conduct preinsurance inspections of motor vehicles as a 14 condition of issuance of a policy providing physical damage 15 coverage, including collision and comprehensive coverage, in 16 this state, that such inspections will comply with subsection 17 (3), and that the insurer may include the inspection expense 18 in future rate filings. 19 (6) An insurer may defer an inspection for 30 calendar 20 days following the effective date of coverage for a new 21 policy, but not for a renewal policy, and for additional or 22 replacement vehicles to an existing policy, if an inspection 23 at the time of the request for coverage would create a serious 24 inconvenience for the applicant and such hardship is 25 documented in the insured's policy record. 26 (5)(7) The commission may, by rule, establish such 27 procedures and notice requirements that it finds necessary to 28 implement this section. 29 Section 2. This act shall take effect upon becoming a 30 law. 31 5 4:43 PM 04/20/06 s0420d-bi20-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 420 Barcode 435394 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to preinsurance inspection of 8 private passenger motor vehicles; amending s. 9 627.744, F.S.; providing for a voluntary 10 preinsurance inspection of certain motor 11 vehicles by an insurer; authorizing private 12 passenger motor vehicle insurance companies to 13 require a preinsurance inspection of a motor 14 vehicle as a condition of issuing physical 15 damage coverage; requiring insurers to reduce 16 premiums in an amount equal to the expense 17 previously included in their rates for the 18 inspections; providing that insurers that 19 continue to conduct inspections that comply 20 with this section may continue to include the 21 expense in their rates; deleting provisions 22 relating to required inspections; providing an 23 effective date. 24 25 26 27 28 29 30 31 6 4:43 PM 04/20/06 s0420d-bi20-j02