Florida Senate - 2018                                     SB 762
       
       
        
       By Senator Mayfield
       
       
       
       
       
       17-00320-18                                            2018762__
    1                        A bill to be entitled                      
    2         An act relating to permissible insurance acts;
    3         amending s. 626.9541, F.S.; revising the types, value,
    4         and frequency of advertising and promotional gifts
    5         that licensed insurers or their agents may give to
    6         insureds, prospective insureds, or others; authorizing
    7         such insurers and agents to make specified charitable
    8         contributions on behalf of insureds or prospective
    9         insureds; prohibiting title insurance agents, title
   10         insurance agencies, or title insurers from giving
   11         insureds, prospective insureds, or others any article
   12         of merchandise in excess of a specified value;
   13         providing applicability; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (m) of subsection (1) of section
   18  626.9541, Florida Statutes, is amended to read:
   19         626.9541 Unfair methods of competition and unfair or
   20  deceptive acts or practices defined.—
   21         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
   22  ACTS.—The following are defined as unfair methods of competition
   23  and unfair or deceptive acts or practices:
   24         (m) Advertising and promotional gifts and charitable
   25  contributions permitted.—
   26         1. No provision of paragraph (f), paragraph (g), or
   27  paragraph (h) shall be deemed to prohibit a licensed insurer or
   28  its agent from:
   29         a. Giving to insureds, prospective insureds, or and others,
   30  for the purpose of advertising, any article of merchandise,
   31  goods, wares, store gift cards, gift certificates, event
   32  tickets, anti-fraud or loss mitigation services, and other items
   33  having a total value of $100 or less per customer or prospective
   34  customer within 1 calendar year having a value of not more than
   35  $25.
   36         b. Making charitable contributions, as defined in s. 170(c)
   37  of the Internal Revenue Code, on behalf of insureds or
   38  prospective insureds, of up to $100 per insured or prospective
   39  insured, within 1 calendar year.
   40         2. A title insurance agent or title insurance agency, as
   41  those terms are defined in s. 626.841, or a title insurer, as
   42  defined in s. 627.7711, may not give to insureds, prospective
   43  insureds, or others, for the purpose of advertising, any article
   44  of merchandise having a value of more than $25. A person or
   45  entity governed by this subparagraph is not subject to
   46  subparagraph 1.
   47         Section 2. This act shall take effect July 1, 2018.