Florida Senate - 2013                                     SB 706
       
       
       
       By Senator Montford
       
       
       
       
       3-00902A-13                                            2013706__
    1                        A bill to be entitled                      
    2         An act relating to uninsured motorist insurance
    3         coverage; amending s. 627.727, F.S.; providing that,
    4         under certain circumstances, specified persons who
    5         elect non-stacking limitations on their uninsured
    6         motorist insurance coverage are conclusively presumed
    7         to have made an informed, knowing acceptance of the
    8         limitations on behalf of all insureds; providing an
    9         effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (9) of section 627.727, Florida
   14  Statutes, is amended to read:
   15         627.727 Motor vehicle insurance; uninsured and underinsured
   16  vehicle coverage; insolvent insurer protection.—
   17         (9) Insurers may offer policies of uninsured motorist
   18  coverage containing policy provisions, in language approved by
   19  the office, establishing that if the insured accepts this offer:
   20         (a) The coverage provided as to two or more motor vehicles
   21  shall not be added together to determine the limit of insurance
   22  coverage available to an injured person for any one accident,
   23  except as provided in paragraph (c).
   24         (b) If at the time of the accident the injured person is
   25  occupying a motor vehicle, the uninsured motorist coverage
   26  available to her or him is the coverage available as to that
   27  motor vehicle.
   28         (c) If the injured person is occupying a motor vehicle
   29  which is not owned by her or him or by a family member residing
   30  with her or him, the injured person is entitled to the highest
   31  limits of uninsured motorist coverage afforded for any one
   32  vehicle as to which she or he is a named insured or insured
   33  family member. Such coverage shall be excess over the coverage
   34  on the vehicle the injured person is occupying.
   35         (d) The uninsured motorist coverage provided by the policy
   36  does not apply to the named insured or family members residing
   37  in her or his household who are injured while occupying any
   38  vehicle owned by such insureds for which uninsured motorist
   39  coverage was not purchased.
   40         (e) If, at the time of the accident the injured person is
   41  not occupying a motor vehicle, she or he is entitled to select
   42  any one limit of uninsured motorist coverage for any one vehicle
   43  afforded by a policy under which she or he is insured as a named
   44  insured or as an insured resident of the named insured’s
   45  household.
   46  
   47  In connection with the offer authorized by this subsection,
   48  insurers shall inform the named insured, applicant, or lessee,
   49  on a form approved by the office, of the limitations imposed
   50  under this subsection and that such coverage is an alternative
   51  to coverage without such limitations. If this form is signed by
   52  a named insured, applicant, or lessee, it shall be conclusively
   53  presumed that there was an informed, knowing acceptance of such
   54  limitations on behalf of all insureds. When the named insured,
   55  applicant, or lessee has initially accepted such limitations,
   56  such acceptance shall apply to any policy which renews, extends,
   57  changes, supersedes, or replaces an existing policy unless the
   58  named insured requests deletion of such limitations and pays the
   59  appropriate premium for such coverage. Any insurer who provides
   60  coverage which includes the limitations provided in this
   61  subsection shall file revised premium rates with the office for
   62  such uninsured motorist coverage to take effect prior to
   63  initially providing such coverage. The revised rates shall
   64  reflect the anticipated reduction in loss costs attributable to
   65  such limitations but shall in any event reflect a reduction in
   66  the uninsured motorist coverage premium of at least 20 percent
   67  for policies with such limitations. Such filing shall not
   68  increase the rates for coverage which does not contain the
   69  limitations authorized by this subsection, and such rates shall
   70  remain in effect until the insurer demonstrates the need for a
   71  change in uninsured motorist rates pursuant to s. 627.0651.
   72         Section 2. This act shall take effect upon becoming a law.