Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 420
                        Barcode 710386
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: RE              .                    
       04/23/2006 01:51 PM         .                    
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11  The Committee on Banking and Insurance (Baker) recommended the
12  following amendment:
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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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    4:31 PM   03/31/06                             s0420d-bi20-t02

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 420 Barcode 710386 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 4:31 PM 03/31/06 s0420d-bi20-t02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 420 Barcode 710386 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 (4) The inspection required by this section shall be 25 provided by the insurer or by a person or organization 26 authorized by the insurer, notwithstanding the Florida 27 Deceptive and Unfair Trade Practices Act. The applicant may be 28 required to pay the cost of the inspection, not to exceed $5. 29 The inspection shall be recorded on a form prescribed by the 30 commission, and the form or a copy shall be retained by the 31 insurer with its policy records for the insured. The insurer 3 4:31 PM 03/31/06 s0420d-bi20-t02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 420 Barcode 710386 1 shall provide a copy of the form to the insured upon request. 2 Any inspection fee paid directly by the applicant may not be 3 considered part of the premium. However, an insurer that 4 provides the inspection at no cost to the applicant may 5 include the expense of the inspection within a rate filing. 6 (5) The inspection shall include at least the 7 following: 8 (a) Taking a physical imprint of the vehicle 9 identification number of the vehicle or otherwise recording 10 the vehicle identification number in a manner prescribed by 11 the commission. 12 (b) Recording the presence of accessories required by 13 the commission to be recorded. 14 (c) Recording the locations of and a description of 15 existing damage to the vehicle. 16 (6) An insurer may defer an inspection for 30 calendar 17 days following the effective date of coverage for a new 18 policy, but not for a renewal policy, and for additional or 19 replacement vehicles to an existing policy, if an inspection 20 at the time of the request for coverage would create a serious 21 inconvenience for the applicant and such hardship is 22 documented in the insured's policy record. 23 (2)(7) The commission may, by rule, establish such 24 procedures and notice requirements that it finds necessary to 25 implement this section. 26 Section 2. This act shall take effect upon becoming a 27 law. 28 29 30 ================ T I T L E A M E N D M E N T =============== 31 And the title is amended as follows: 4 4:31 PM 03/31/06 s0420d-bi20-t02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 420 Barcode 710386 1 Delete everything before the enacting clause 2 3 and insert: 4 A bill to be entitled 5 An act relating to preinsurance inspection of 6 private passenger motor vehicles; amending s. 7 627.744, F.S.; providing for a voluntary 8 preinsurance inspection of certain motor 9 vehicles by an insurer; authorizing private 10 passenger motor vehicle insurance companies to 11 require a preinsurance inspection of a motor 12 vehicle as a condition of issuing physical 13 damage coverage; deleting provisions relating 14 to required inspections; providing an effective 15 date. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 4:31 PM 03/31/06 s0420d-bi20-t02