Florida Senate - 2018                       CS for CS for SB 762
       
       
        
       By the Committees on Commerce and Tourism; and Banking and
       Insurance; and Senator Mayfield
       
       
       
       
       577-02891-18                                           2018762c2
    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; providing that title insurance agents, title
   10         insurance agencies, or title insurers may give
   11         insureds, prospective insureds, or others advertising
   12         gifts up to a specified value; providing
   13         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) does not shall be deemed to prohibit a licensed
   28  insurer or 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, or other items
   33  having a total value of $100 or less per insured or prospective
   34  insured within 1 calendar year; or having a value of not more
   35  than $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. Paragraph (f), paragraph (g), or paragraph (h) does not
   41  prohibit a title insurance agent or title insurance agency, as
   42  those terms are defined in s. 626.841, or a title insurer, as
   43  defined in s. 627.7711, from giving to insureds, prospective
   44  insureds, or others, for the purpose of advertising, any article
   45  of merchandise having a value of not more than $25. A person or
   46  entity governed by this subparagraph is not subject to
   47  subparagraph 1.
   48         Section 2. This act shall take effect July 1, 2018.