Bill No. CS/HB 1087
Amendment No. 392891
Senate House

1Representative Holder offered the following:
3     Amendment (with title amendment)
4     Remove lines 742-767 and insert:
5be marketed service warranties to residents of this state.
6     (b)  The person submits a letter of notification that
7provides the following information to the office upon the start
8of business from this state and annually thereafter by March 1:
9     1.  The type of products offered and a statement certifying
10that the products are not regulated in the state in which the
11person is transacting business or that the person is licensed in
12the state in which the person is transacting business.
13     2.  The name of the person, the state of domicile, the home
14address and address in this state of the person, the names of
15the owners and their percentage of ownership, the names of the
16officers and directors, the name, e-mail, and telephone number
17of a contact person, the states in which the person is
18transacting business, and how many individuals are employed in
19this state.
20     (c)  If the person ceases to do business from this state,
21the person shall provide written notification to the office
22within 30 days after cessation of business.
23     (6)(5)  Any person who provides, offers to provide, or
24holds oneself out as providing or offering to provide a service
25warranty to residents of in this state or from this state
26without holding a subsisting license commits, in addition to any
27other violation, a misdemeanor of the first degree, punishable
28as provided in s. 775.082 or s. 775.083.
29     Section 14.  Section 627.442, Florida Statutes, is amended
30to read:
31     627.442  Insurance contracts.-
32     (1)  A person who requires a workers' compensation
33insurance policy pursuant to a construction contract may not
34reject a workers' compensation insurance policy issued by a
35self-insurance fund that is subject to part V of chapter 631
36based upon the self-insurance fund not being rated by a
37nationally recognized insurance rating service.
38     (2)  Notwithstanding s. 440.381(3), premium audits are not
39required for workers' compensation coverage, other than an audit
40required by the insurance policy or an order of the office, or
41at least once each policy period, if requested by the insured.
42     Section 15.  Subsections (4) and (7) of section 627.7295,
43Florida Statutes, are amended to read:
44     627.7295  Motor vehicle insurance contracts.-
45     (4)  If subsection (7) does not apply, the insurer may
46cancel the policy in accordance with this code except that,
47notwithstanding s. 627.728, an insurer may not cancel a new
48policy or binder during the first 60 days immediately following
49the effective date of the policy or binder except for nonpayment
50of premium unless the reason for the cancellation is the
51issuance of a check for the premium that is dishonored for any
53     (7)  A policy of private passenger motor vehicle insurance
54or a binder for such a policy may be initially issued in this
55state only if, before the effective date of such binder or
56policy, the insurer or agent has collected from the insured an
57amount equal to 2 months' premium. An insurer, agent, or premium
58finance company may not, directly or indirectly, take any action
59resulting in the insured having paid from the insured's own
60funds an amount less than the 2 months' premium required by this
61subsection. This subsection applies without regard to whether
62the premium is financed by a premium finance company or is paid
63pursuant to a periodic payment plan of an insurer or an
64insurance agent. This subsection does not apply if an insured or
65member of the insured's family is renewing or replacing a policy
66or a binder for such policy written by the same insurer or a
67member of the same insurer group. This subsection does not apply
68to an insurer that issues private passenger motor vehicle
69coverage primarily to active duty or former military personnel
70or their dependents. This subsection does not apply if all
71policy payments are paid pursuant to a payroll deduction plan or
72an automatic electronic funds transfer payment plan from the
73policyholder, provided that the first policy payment is made by
74cash, cashier's check, check, or a money order. This subsection
75and subsection (4) do not apply if all policy payments to an
76insurer are paid pursuant to an automatic electronic funds
77transfer payment plan from an agent, a managing general agent,
78or a premium finance company and if the policy includes, at a
79minimum, personal injury protection pursuant to ss. 627.730-
80627.7405; motor vehicle property damage liability pursuant to s.
81627.7275; and bodily injury liability in at least the amount of
82$10,000 because of bodily injury to, or death of, one person in
83any one accident and in the amount of $20,000 because of bodily
84injury to, or death of, two or more persons in any one accident.
85This subsection and subsection (4) do not apply if an insured
86has had a policy in effect for at least 6 months, the insured's
87agent is terminated by the insurer that issued the policy, and
88the insured obtains coverage on the policy's renewal date with a
89new company through the terminated agent.
T I T L E  A M E N D M E N T
94     Remove line 80 and insert:
95under certain circumstances; amending s. 627.442, F.S.;
96limiting the requirement for premium audits of workers'
97compensation coverage to specified instances; amending s.
98627.7295, F.S.; providing application; requiring a certain
99amount of motor vehicle insurance premium to be paid
100before the effective date of a policy binder or policy in
101order to issue the binder or policy; authorizing an
102insurer to cancel certain motor vehicle insurance policies
103or binders for nonpayment of premium; removing a
104restriction requiring payment of the first policy payment
105of a motor vehicle insurance policy before issuance of a
106binder or policy when payments are being made in a
107specified manner; providing applicability;

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