Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/HB 359, 1st Eng.
       
       
       
       
       
       
                                Ì386974YÎ386974                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             05/04/2017 04:14 PM       .                                
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       Senator Bean moved the following:
       
    1         Senate Amendment to Amendment (505904) (with title
    2  amendment)
    3  
    4         Between lines 426 and 427
    5  insert:
    6         Section 14. Paragraph (a) of subsection (1) of section
    7  324.151, Florida Statutes, is amended to read:
    8         324.151 Motor vehicle liability policies; required
    9  provisions.—
   10         (1) A motor vehicle liability policy to be proof of
   11  financial responsibility under s. 324.031(1), shall be issued to
   12  owners or operators under the following provisions:
   13         (a) An owner’s liability insurance policy shall designate
   14  by explicit description or by appropriate reference all motor
   15  vehicles with respect to which coverage is thereby granted and
   16  shall insure the owner named therein and, except for an excluded
   17  driver under s. 627.747, any other person as operator using such
   18  motor vehicle or motor vehicles with the express or implied
   19  permission of such owner against loss from the liability imposed
   20  by law for damage arising out of the ownership, maintenance, or
   21  use of such motor vehicle or motor vehicles within the United
   22  States or the Dominion of Canada, subject to limits, exclusive
   23  of interest and costs with respect to each such motor vehicle as
   24  is provided for under s. 324.021(7). Insurers may make
   25  available, with respect to property damage liability coverage, a
   26  deductible amount not to exceed $500. In the event of a property
   27  damage loss covered by a policy containing a property damage
   28  deductible provision, the insurer shall pay to the third-party
   29  claimant the amount of any property damage liability settlement
   30  or judgment, subject to policy limits, as if no deductible
   31  existed.
   32         Section 15. Section 627.747, Florida Statutes, is created
   33  to read:
   34         627.747 Named driver exclusion.—
   35         (1) A private passenger motor vehicle policy may exclude an
   36  identified individual who is not a named insured from the
   37  following coverages while the identified individual is operating
   38  a motor vehicle, provided the identified individual is named on
   39  the declarations page and the named insured consents in writing:
   40         (a) Any coverage that the named insured is not required by
   41  law to purchase.
   42         (b) Property damage liability coverage.
   43         (c) Notwithstanding the Florida Motor Vehicle No-Fault Law,
   44  the personal injury protection coverage specifically applicable
   45  to the identified individual’s injuries, lost wages, and death
   46  benefits.
   47         (d) Uninsured motorist coverage for any damages sustained
   48  by the identified excluded individual, if the named insured has
   49  purchased such coverage.
   50         (e) Bodily injury liability coverage, if required by law
   51  and purchased by the named insured.
   52         (2) A private passenger motor vehicle policy may not
   53  exclude coverage when:
   54         (a) The identified individual is injured while not
   55  operating a motor vehicle.
   56         (b) The exclusion is unfairly discriminatory under the
   57  Florida Insurance Code as determined by the office.
   58         (c) The exclusion is inconsistent with the underwriting
   59  rules filed by the insurer pursuant to s. 627.0651(13)(a).
   60  
   61  ================= T I T L E  A M E N D M E N T ================
   62  And the title is amended as follows:
   63         Delete line 483
   64  and insert:
   65         applicability; amending s. 324.151, F.S.; providing an
   66         exception from a requirement under motor vehicle
   67         liability policies to reference specified persons;
   68         creating s. 627.747, F.S.; authorizing private
   69         passenger motor vehicle policies to exclude certain
   70         identified individuals from specified coverages under
   71         certain circumstances; prohibiting such policies from
   72         excluding coverage under certain circumstances;
   73         providing an effective date.