Amendment
Bill No. CS/CS/CS/HB 1495
Amendment No. 690911
CHAMBER ACTION
Senate House
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1Representative Patterson offered the following:
2
3     Amendment (with title amendment)
4     Between lines 935 and 936, insert:
5     Section 6.  Subsection (3) of section 626.753, Florida
6Statutes, is amended to read:
7     626.753  Sharing commissions; penalty.--
8     (3)(a)  A general lines agent may share commissions derived
9from the sale of crop hail or multiple-peril crop insurance with
10a production credit association organized under 12 U.S.C. ss.
112071-2077 12 U.S.C.A. ss. 2071-2077 or a federal land bank
12association organized under 12 U.S.C. ss. 2091-2098 U.S.C.A. ss.
132091-2098 if the association has specifically approved the
14insurance activity by its employees. The amount of commission to
15be shared shall be determined by the general lines agent and the
16company paying the commission.
17     (b)  This subsection does not allow such shared commissions
18to be used, directly or indirectly, for the purpose of providing
19any patronage dividend or other payment, discount, or credit to
20a member of a production credit association or federal land bank
21association if the dividend, payment, discount, or credit is
22directly or indirectly calculated on the basis of the premium
23charged to that member for crop hail or multiple-peril crop
24insurance.
25     (c)  Any patronage dividend or other payment, discount, or
26credit provided to a member of a production credit association
27or federal land bank association, which dividend, payment,
28discount, or credit is directly or indirectly calculated on the
29basis of the premium charged to that member for crop hail or
30multiple-peril crop insurance, is an unlawful rebate that
31violates ss. 626.572 and 626.9541(1)(h).
32     (d)  An agent violates this section if he or she knowingly
33engages in commission sharing with a production credit
34association or federal land bank association that provides
35patronage dividends or other payments, discounts, or credits
36which are unlawful rebates under paragraph (c).
37     Section 7.  Paragraph (h) of subsection (1) of section
38626.9541, Florida Statutes, is amended to read:
39     626.9541  Unfair methods of competition and unfair or
40deceptive acts or practices defined.--
41     (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
42ACTS.--The following are defined as unfair methods of
43competition and unfair or deceptive acts or practices:
44     (h)  Unlawful rebates.--
45     1.  Except as otherwise expressly provided by law, or in an
46applicable filing with the office, knowingly:
47     a.  Permitting, or offering to make, or making, any
48contract or agreement as to such contract other than as plainly
49expressed in the insurance contract issued thereon;
50     b.  Paying, allowing, or giving, or offering to pay, allow,
51or give, directly or indirectly, as inducement to such insurance
52contract, any unlawful rebate of premiums payable on the
53contract, any special favor or advantage in the dividends or
54other benefits thereon, or any valuable consideration or
55inducement whatever not specified in the contract;
56     c.  Giving, selling, or purchasing, or offering to give,
57sell, or purchase, as inducement to such insurance contract or
58in connection therewith, any stocks, bonds, or other securities
59of any insurance company or other corporation, association, or
60partnership, or any dividends or profits accrued thereon, or
61anything of value whatsoever not specified in the insurance
62contract.
63     2.  Nothing in paragraph (g) or subparagraph 1. of this
64paragraph shall be construed as including within the definition
65of discrimination or unlawful rebates:
66     a.  In the case of any contract of life insurance or life
67annuity, paying bonuses to all policyholders or otherwise
68abating their premiums in whole or in part out of surplus
69accumulated from nonparticipating insurance; provided that any
70such bonuses or abatement of premiums is fair and equitable to
71all policyholders and for the best interests of the company and
72its policyholders.
73     b.  In the case of life insurance policies issued on the
74industrial debit plan, making allowance to policyholders who
75have continuously for a specified period made premium payments
76directly to an office of the insurer in an amount which fairly
77represents the saving in collection expenses.
78     c.  Readjustment of the rate of premium for a group
79insurance policy based on the loss or expense thereunder, at the
80end of the first or any subsequent policy year of insurance
81thereunder, which may be made retroactive only for such policy
82year.
83     d.  Issuance of life insurance policies or annuity
84contracts at rates less than the usual rates of premiums for
85such policies or contracts, as group insurance or employee
86insurance as defined in this code.
87     e.  Issuing life or disability insurance policies on a
88salary savings, bank draft, preauthorized check, payroll
89deduction, or other similar plan at a reduced rate reasonably
90related to the savings made by the use of such plan.
91     3.a.  No title insurer, or any member, employee, attorney,
92agent, or agency thereof, shall pay, allow, or give, or offer to
93pay, allow, or give, directly or indirectly, as inducement to
94title insurance, or after such insurance has been effected, any
95rebate or abatement of the premium or any other charge or fee,
96or provide any special favor or advantage, or any monetary
97consideration or inducement whatever.
98     b.  Nothing in this subparagraph shall be construed as
99prohibiting the payment of fees to attorneys at law duly
100licensed to practice law in the courts of this state, for
101professional services, or as prohibiting the payment of earned
102portions of the premium to duly appointed agents or agencies who
103actually perform services for the title insurer. Nothing in this
104subparagraph shall be construed as prohibiting a rebate or
105abatement of an attorney's fee charged for professional
106services, or that portion of the premium that is not required to
107be retained by the insurer pursuant to s. 627.782(1), or any
108other agent charge or fee to the person responsible for paying
109the premium, charge, or fee.
110     c.  No insured named in a policy, or any other person
111directly or indirectly connected with the transaction involving
112the issuance of such policy, including, but not limited to, any
113mortgage broker, real estate broker, builder, or attorney, any
114employee, agent, agency, or representative thereof, or any other
115person whatsoever, shall knowingly receive or accept, directly
116or indirectly, any rebate or abatement of any portion of the
117title insurance premium or of any other charge or fee or any
118monetary consideration or inducement whatsoever, except as set
119forth in sub-subparagraph b.; provided, in no event shall any
120portion of the attorney's fee, any portion of the premium that
121is not required to be retained by the insurer pursuant to s.
122627.782(1), any agent charge or fee, or any other monetary
123consideration or inducement be paid directly or indirectly for
124the referral of title insurance business.
125     4.  Providing a patronage dividend or other payment,
126discount, or credit to a member of a production credit
127association organized under 12 U.S.C. ss. 2071-2077 or a federal
128land bank association organized under 12 U.S.C. ss. 2091-2098 is
129an unlawful rebate if the dividend or other payment, discount,
130or credit is directly or indirectly calculated on the basis of
131the premium charged to that member for crop hail or multiple-
132peril crop insurance.
133
134
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T I T L E  A M E N D M E N T
136     Between lines 49 and 50, insert:
137626.753, F.S.; prohibiting certain uses of commissions derived
138from the sale of crop hail or multiple-peril crop insurance
139which are shared between certain agents and certain production
140credit associations or federal land bank associations; providing
141penalties; providing that patronage dividends and other payments
142to members of production credit associations or federal land
143bank associations are unlawful rebates under certain
144circumstances; providing penalties for an agent who shares
145commissions with a production credit association or federal land
146bank association under certain circumstances; amending s.
147626.9541, F.S.; specifying that certain patronage dividends and
148other payments are unfair methods of competition and unfair or
149deceptive acts; providing penalties; amending s.


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