| 1 | Representative Long offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 935 and 936, insert: |
| 5 | Section 6. Paragraph (o) of subsection (1) of section |
| 6 | 626.9541, Florida Statutes, is amended to read: |
| 7 | 626.9541 Unfair methods of competition and unfair or |
| 8 | deceptive acts or practices defined.-- |
| 9 | (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE |
| 10 | ACTS.--The following are defined as unfair methods of |
| 11 | competition and unfair or deceptive acts or practices: |
| 12 | (o) Illegal dealings in premiums; excess or reduced |
| 13 | charges for insurance.-- |
| 14 | 1. Knowingly collecting any sum as a premium or charge for |
| 15 | insurance, which is not then provided, or is not in due course |
| 16 | to be provided, subject to acceptance of the risk by the |
| 17 | insurer, by an insurance policy issued by an insurer as |
| 18 | permitted by this code. |
| 19 | 2. Knowingly collecting as a premium or charge for |
| 20 | insurance any sum in excess of or less than the premium or |
| 21 | charge applicable to such insurance, in accordance with the |
| 22 | applicable classifications and rates as filed with and approved |
| 23 | by the office, and as specified in the policy; or, in cases when |
| 24 | classifications, premiums, or rates are not required by this |
| 25 | code to be so filed and approved, premiums and charges collected |
| 26 | from a Florida resident in excess of or less than those |
| 27 | specified in the policy and as fixed by the insurer. This |
| 28 | provision shall not be deemed to prohibit the charging and |
| 29 | collection, by surplus lines agents licensed under part VIII of |
| 30 | this chapter, of the amount of applicable state and federal |
| 31 | taxes, or fees as authorized by s. 626.916(4), in addition to |
| 32 | the premium required by the insurer or the charging and |
| 33 | collection, by licensed agents, of the exact amount of any |
| 34 | discount or other such fee charged by a credit card facility in |
| 35 | connection with the use of a credit card, as authorized by |
| 36 | subparagraph (q)3., in addition to the premium required by the |
| 37 | insurer. This subparagraph shall not be construed to prohibit |
| 38 | collection of a premium for a universal life or a variable or |
| 39 | indeterminate value insurance policy made in accordance with the |
| 40 | terms of the contract. |
| 41 | 3.a. Imposing or requesting an additional premium for a |
| 42 | policy of motor vehicle liability, personal injury protection, |
| 43 | medical payment, or collision insurance or any combination |
| 44 | thereof or refusing to renew the policy solely because the |
| 45 | insured was involved in a motor vehicle accident unless the |
| 46 | insurer's file contains information from which the insurer in |
| 47 | good faith determines that the insured was substantially at |
| 48 | fault in the accident. |
| 49 | b. An insurer which imposes and collects such a surcharge |
| 50 | or which refuses to renew such policy shall, in conjunction with |
| 51 | the notice of premium due or notice of nonrenewal, notify the |
| 52 | named insured that he or she is entitled to reimbursement of |
| 53 | such amount or renewal of the policy under the conditions listed |
| 54 | below and will subsequently reimburse him or her or renew the |
| 55 | policy, if the named insured demonstrates that the operator |
| 56 | involved in the accident was: |
| 57 | (I) Lawfully parked; |
| 58 | (II) Reimbursed by, or on behalf of, a person responsible |
| 59 | for the accident or has a judgment against such person; |
| 60 | (III) Struck in the rear by another vehicle headed in the |
| 61 | same direction and was not convicted of a moving traffic |
| 62 | violation in connection with the accident; |
| 63 | (IV) Hit by a "hit-and-run" driver, if the accident was |
| 64 | reported to the proper authorities within 24 hours after |
| 65 | discovering the accident; |
| 66 | (V) Not convicted of a moving traffic violation in |
| 67 | connection with the accident, but the operator of the other |
| 68 | automobile involved in such accident was convicted of a moving |
| 69 | traffic violation; |
| 70 | (VI) Finally adjudicated not to be liable by a court of |
| 71 | competent jurisdiction; |
| 72 | (VII) In receipt of a traffic citation which was dismissed |
| 73 | or nolle prossed; or |
| 74 | (VIII) Not at fault as evidenced by a written statement |
| 75 | from the insured establishing facts demonstrating lack of fault |
| 76 | which are not rebutted by information in the insurer's file from |
| 77 | which the insurer in good faith determines that the insured was |
| 78 | substantially at fault. |
| 79 | c. In addition to the other provisions of this |
| 80 | subparagraph, an insurer may not fail to renew a policy if the |
| 81 | insured has had only one accident in which he or she was at |
| 82 | fault within the current 3-year period. However, an insurer may |
| 83 | nonrenew a policy for reasons other than accidents in accordance |
| 84 | with s. 627.728. This subparagraph does not prohibit nonrenewal |
| 85 | of a policy under which the insured has had three or more |
| 86 | accidents, regardless of fault, during the most recent 3-year |
| 87 | period. |
| 88 | 4. Imposing or requesting an additional premium for, or |
| 89 | refusing to renew, a policy for motor vehicle insurance solely |
| 90 | because the insured committed a noncriminal traffic infraction |
| 91 | as described in s. 318.14 unless the infraction is: |
| 92 | a. A second infraction committed within an 18-month |
| 93 | period, or a third or subsequent infraction committed within a |
| 94 | 36-month period. |
| 95 | b. A violation of s. 316.183, when such violation is a |
| 96 | result of exceeding the lawful speed limit by more than 15 miles |
| 97 | per hour. |
| 98 | 5. Upon the request of the insured, the insurer and |
| 99 | licensed agent shall supply to the insured the complete proof of |
| 100 | fault or other criteria which justifies the additional charge or |
| 101 | cancellation. |
| 102 | 6. No insurer shall impose or request an additional |
| 103 | premium for motor vehicle insurance, cancel or refuse to issue a |
| 104 | policy, or refuse to renew a policy because the insured or the |
| 105 | applicant is a handicapped or physically disabled person, so |
| 106 | long as such handicap or physical disability does not |
| 107 | substantially impair such person's mechanically assisted driving |
| 108 | ability. |
| 109 | 7. No insurer may cancel or otherwise terminate any |
| 110 | insurance contract or coverage, or require execution of a |
| 111 | consent to rate endorsement, during the stated policy term for |
| 112 | the purpose of offering to issue, or issuing, a similar or |
| 113 | identical contract or coverage to the same insured with the same |
| 114 | exposure at a higher premium rate or continuing an existing |
| 115 | contract or coverage with the same exposure at an increased |
| 116 | premium. |
| 117 | 8. No insurer may issue a nonrenewal notice on any |
| 118 | insurance contract or coverage, or require execution of a |
| 119 | consent to rate endorsement, for the purpose of offering to |
| 120 | issue, or issuing, a similar or identical contract or coverage |
| 121 | to the same insured at a higher premium rate or continuing an |
| 122 | existing contract or coverage at an increased premium without |
| 123 | meeting any applicable notice requirements. |
| 124 | 9. No insurer shall, with respect to premiums charged for |
| 125 | motor vehicle insurance, unfairly discriminate solely on the |
| 126 | basis of age, sex, marital status, or scholastic achievement. |
| 127 | 10. Imposing or requesting an additional premium for motor |
| 128 | vehicle comprehensive or uninsured motorist coverage solely |
| 129 | because the insured was involved in a motor vehicle accident or |
| 130 | was convicted of a moving traffic violation. |
| 131 | 11. No insurer shall cancel or issue a nonrenewal notice |
| 132 | on any insurance policy or contract without complying with any |
| 133 | applicable cancellation or nonrenewal provision required under |
| 134 | the Florida Insurance Code. |
| 135 | 12. No insurer shall impose or request an additional |
| 136 | premium, cancel a policy, or issue a nonrenewal notice on any |
| 137 | insurance policy or contract because of any traffic infraction |
| 138 | when adjudication has been withheld and no points have been |
| 139 | assessed pursuant to s. 318.14(9) and (10). However, this |
| 140 | subparagraph does not apply to traffic infractions involving |
| 141 | accidents in which the insurer has incurred a loss due to the |
| 142 | fault of the insured. |
| 143 | 13. Notwithstanding this paragraph, a licensed general |
| 144 | lines agent may also collect a reasonable service charge, not to |
| 145 | exceed $5, from the insured when the licensed general lines |
| 146 | agent processes, as a convenience and accommodation to the |
| 147 | insured, an installment payment from the insured to the |
| 148 | insurance company or premium finance company when such payments |
| 149 | can be made directly to the insurance company or premium finance |
| 150 | company by the insured. In no case may an agent collect more |
| 151 | than one service charge for any single payment, and a schedule |
| 152 | of any such service charge must be prominently posted in the |
| 153 | public area of the agency and also on the agency's website if a |
| 154 | service charge is to be collected. |
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| 159 | ----------------------------------------------------- |
| 160 | T I T L E A M E N D M E N T |
| 161 | Remove line 49 and insert: |
| 162 | products sold by certain business entities; amending s. |
| 163 | 626.9541, F.S.; authorizing licensed general lines agents to |
| 164 | collect a service charge for processing certain installment |
| 165 | payments under certain circumstances; providing a limitation; |
| 166 | providing requirements; amending s. |