Amendment
Bill No. 1267
Amendment No. 093761
CHAMBER ACTION
Senate House
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1Representative Robaina offered the following:
2
3     Amendment (with title amendment)
4     Between lines 61 and 62, insert:
5     Section 2.  Paragraph (a) of subsection (2) of section
6626.9201, Florida Statutes, is amended to read:
7     626.9201  Notice of cancellation or nonrenewal.--
8     (2)  An insurer issuing a policy providing coverage for
9property, casualty, surety, or marine insurance shall give the
10named insured written notice of cancellation or termination
11other than nonrenewal at least 45 days prior to the effective
12date of the cancellation or termination, including in the
13written notice the reason or reasons for the cancellation or
14termination, except that:
15     (a)  When cancellation is for nonpayment of premium, at
16least 10 days' written notice of cancellation accompanied by the
17reason therefor shall be given. As used in this paragraph, the
18term "nonpayment of premium" means failure of the named insured
19to discharge when due any of his or her obligations in
20connection with the payment of premiums on a policy or any
21installment of such premium, whether the premium is payable
22directly to the insurer or its agent or indirectly under any
23premium finance plan or extension of credit, or failure to
24maintain membership in an organization if such membership is a
25condition precedent to insurance coverage. "Nonpayment of
26premium" also means the failure of a financial institution to
27honor an insurance applicant's check after delivery to a
28licensed agent for payment of a premium, even if the agent has
29previously delivered or transferred the premium to the insurer.
30If a dishonored check represents the initial premium payment,
31the contract and all contractual obligations shall be void ab
32initio unless the nonpayment is cured within the earlier of 5
33days after actual notice by certified mail is received by the
34applicant or 15 days after notice is sent to the applicant by
35certified mail or registered mail, and if the contract is void,
36any premium received by the insurer from a third party shall be
37refunded to that party in full.; and
38
39======= T I T L E  A M E N D M E N T =======
40     Between lines 14 and 15, insert:
41amending s. 626.9201, F.S.; providing a definition for the term
42"nonpayment of premium";


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