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A bill to be entitled

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An act relating to insurance; amending s. 626.9541, F.S.;

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prohibiting an insurer, with respect to premiums charged

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for motor vehicle insurance, from using any rate, rating

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schedule, rating manual, or underwriting rule not

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contained in a rating manual that is determined in whole

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or in part on the basis of certain characteristics of the

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insured; providing that it is an unfair or deceptive act

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or practice for an insurer to refuse to insure, or

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continue to insure, any individual or risk because of

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educational level or any lawful employment, trade,

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business, occupation, or profession; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Paragraphs (o) and (x) of subsection (1) of

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section 626.9541, Florida Statutes, are amended to read:

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     626.9541  Unfair methods of competition and unfair or

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deceptive acts or practices defined.--

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     (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE

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ACTS.--The following are defined as unfair methods of competition

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and unfair or deceptive acts or practices:

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     (o)  Illegal dealings in premiums; excess or reduced charges

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for insurance.--

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     1.  Knowingly collecting any sum as a premium or charge for

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insurance, which is not then provided, or is not in due course to

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be provided, subject to acceptance of the risk by the insurer, by

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an insurance policy issued by an insurer as permitted by this

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code.

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     2.  Knowingly collecting as a premium or charge for

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insurance any sum in excess of or less than the premium or charge

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applicable to such insurance, in accordance with the applicable

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classifications and rates as filed with and approved by the

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office, and as specified in the policy; or, in cases when

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classifications, premiums, or rates are not required by this code

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to be so filed and approved, premiums and charges collected from

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a Florida resident in excess of or less than those specified in

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the policy and as fixed by the insurer. This provision shall not

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be deemed to prohibit the charging and collection, by surplus

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lines agents licensed under part VIII of this chapter, of the

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amount of applicable state and federal taxes, or fees as

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authorized by s. 626.916(4), in addition to the premium required

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by the insurer or the charging and collection, by licensed

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agents, of the exact amount of any discount or other such fee

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charged by a credit card facility in connection with the use of a

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credit card, as authorized by subparagraph (q)3., in addition to

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the premium required by the insurer. This subparagraph shall not

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be construed to prohibit collection of a premium for a universal

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life or a variable or indeterminate value insurance policy made

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in accordance with the terms of the contract.

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     3.a.  Imposing or requesting an additional premium for a

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policy of motor vehicle liability, personal injury protection,

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medical payment, or collision insurance or any combination

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thereof or refusing to renew the policy solely because the

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insured was involved in a motor vehicle accident unless the

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insurer's file contains information from which the insurer in

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good faith determines that the insured was substantially at fault

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in the accident.

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     b.  An insurer which imposes and collects such a surcharge

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or which refuses to renew such policy shall, in conjunction with

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the notice of premium due or notice of nonrenewal, notify the

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named insured that he or she is entitled to reimbursement of such

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amount or renewal of the policy under the conditions listed below

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and will subsequently reimburse him or her or renew the policy,

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if the named insured demonstrates that the operator involved in

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the accident was:

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     (I)  Lawfully parked;

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     (II)  Reimbursed by, or on behalf of, a person responsible

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for the accident or has a judgment against such person;

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     (III)  Struck in the rear by another vehicle headed in the

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same direction and was not convicted of a moving traffic

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violation in connection with the accident;

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     (IV)  Hit by a "hit-and-run" driver, if the accident was

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reported to the proper authorities within 24 hours after

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discovering the accident;

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     (V)  Not convicted of a moving traffic violation in

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connection with the accident, but the operator of the other

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automobile involved in such accident was convicted of a moving

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traffic violation;

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     (VI)  Finally adjudicated not to be liable by a court of

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competent jurisdiction;

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     (VII)  In receipt of a traffic citation which was dismissed

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or nolle prossed; or

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     (VIII)  Not at fault as evidenced by a written statement

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from the insured establishing facts demonstrating lack of fault

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which are not rebutted by information in the insurer's file from

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which the insurer in good faith determines that the insured was

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substantially at fault.

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     c.  In addition to the other provisions of this

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subparagraph, an insurer may not fail to renew a policy if the

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insured has had only one accident in which he or she was at fault

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within the current 3-year period. However, an insurer may

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nonrenew a policy for reasons other than accidents in accordance

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with s. 627.728. This subparagraph does not prohibit nonrenewal

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of a policy under which the insured has had three or more

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accidents, regardless of fault, during the most recent 3-year

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period.

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     4.  Imposing or requesting an additional premium for, or

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refusing to renew, a policy for motor vehicle insurance solely

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because the insured committed a noncriminal traffic infraction as

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described in s. 318.14 unless the infraction is:

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     a.  A second infraction committed within an 18-month period,

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or a third or subsequent infraction committed within a 36-month

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period.

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     b.  A violation of s. 316.183, when such violation is a

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result of exceeding the lawful speed limit by more than 15 miles

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per hour.

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     5.  Upon the request of the insured, the insurer and

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licensed agent shall supply to the insured the complete proof of

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fault or other criteria which justifies the additional charge or

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cancellation.

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     6. An insurer may not No insurer shall impose or request an

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additional premium for motor vehicle insurance, cancel or refuse

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to issue a policy, or refuse to renew a policy because the

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insured or the applicant is a handicapped or physically disabled

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person, so long as such handicap or physical disability does not

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substantially impair such person's mechanically assisted driving

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ability.

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     7. An insurer may not No insurer may cancel or otherwise

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terminate any insurance contract or coverage, or require

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execution of a consent to rate endorsement, during the stated

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policy term for the purpose of offering to issue, or issuing, a

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similar or identical contract or coverage to the same insured

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with the same exposure at a higher premium rate or continuing an

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existing contract or coverage with the same exposure at an

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increased premium.

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     8. An insurer may not No insurer may issue a nonrenewal

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notice on any insurance contract or coverage, or require

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execution of a consent to rate endorsement, for the purpose of

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offering to issue, or issuing, a similar or identical contract or

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coverage to the same insured at a higher premium rate or

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continuing an existing contract or coverage at an increased

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premium without meeting any applicable notice requirements.

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     9. An insurer may not No insurer shall, with respect to

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premiums charged for motor vehicle insurance, unfairly

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discriminate solely on the basis of age, sex, marital status, or

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scholastic achievement.

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     10. An insurer may not, with respect to premiums charged

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for motor vehicle insurance, use any rate, rating schedule,

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rating manual, or underwriting rule not contained in a rating

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manual that is determined in whole or in part on the basis of an

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insured's:

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a. Educational level; or

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     b. Any lawful employment, trade, business, occupation, or

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profession.

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     11.10. Imposing or requesting an additional premium for

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motor vehicle comprehensive or uninsured motorist coverage solely

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because the insured was involved in a motor vehicle accident or

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was convicted of a moving traffic violation.

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     12.11. An insurer may not No insurer shall cancel or issue

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a nonrenewal notice on any insurance policy or contract without

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complying with any applicable cancellation or nonrenewal

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provision required under the Florida Insurance Code.

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     13.12. An insurer may not No insurer shall impose or

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request an additional premium, cancel a policy, or issue a

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nonrenewal notice on any insurance policy or contract because of

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any traffic infraction when adjudication has been withheld and no

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points have been assessed pursuant to s. 318.14(9) and (10).

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However, this subparagraph does not apply to traffic infractions

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involving accidents in which the insurer has incurred a loss due

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to the fault of the insured.

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     (x)  Refusal to insure.--In addition to other provisions of

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this code, the refusal to insure, or continue to insure, any

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individual or risk because of educational level or any lawful

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employment, trade, business, occupation, or profession, or solely

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because of:

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     1.  Race, color, creed, marital status, sex, or national

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origin;

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     2. The residence, age, or lawful occupation of the

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individual or the location of the risk, unless there is a

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reasonable relationship between the residence, age, or lawful

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occupation of the individual or the location of the risk and the

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coverage issued or to be issued;

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     3.  The insured's or applicant's failure to agree to place

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collateral business with any insurer, unless the coverage applied

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for would provide liability coverage which is excess over that

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provided in policies maintained on property or motor vehicles;

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     4.  The insured's or applicant's failure to purchase

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noninsurance services or commodities, including automobile

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services as defined in s. 624.124;

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     5.  The fact that the insured or applicant is a public

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official; or

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     6.  The fact that the insured or applicant had been

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previously refused insurance coverage by any insurer, when such

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refusal to insure or continue to insure for this reason occurs

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with such frequency as to indicate a general business practice.

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     Section 2.  This act shall take effect January 1, 2009.