Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1344
       
       
       
       
       
       
                                Ì6156901Î615690                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/02/2014           .                                
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    1         Senate Amendment (with title amendment)
    2  
    3         Before line 13
    4  insert:
    5         Section 1. Paragraph (q) of subsection (1) of section
    6  626.9541, Florida Statutes, is amended to read:
    7         626.9541 Unfair methods of competition and unfair or
    8  deceptive acts or practices defined.—
    9         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
   10  ACTS.—The following are defined as unfair methods of competition
   11  and unfair or deceptive acts or practices:
   12         (q) Certain insurance transactions through credit card
   13  facilities prohibited.—
   14         1. Except as provided in subparagraph 3., no person shall
   15  knowingly solicit or negotiate any insurance; seek or accept
   16  applications for insurance; issue or deliver any policy;
   17  receive, collect, or transmit premiums, to or for an any
   18  insurer; or otherwise transact insurance in this state, or
   19  relative to a subject of insurance resident, located, or to be
   20  performed in this state, through the arrangement or facilities
   21  of a credit card facility or organization, for the purpose of
   22  insuring credit card holders or prospective credit card holders.
   23  The term “credit card holder” as used in this paragraph means a
   24  any person who may pay the charge for purchases or other
   25  transactions through the credit card facility or organization,
   26  whose credit with such facility or organization is evidenced by
   27  a credit card identifying such person as being one whose charges
   28  the credit card facility or organization will pay, and who is
   29  identified as such upon the credit card either by name, account
   30  number, symbol, insignia, or any other method or device of
   31  identification. This subparagraph does not apply as to health
   32  insurance or to credit life, credit disability, or credit
   33  property insurance.
   34         2. If Whenever any person does or performs in this state
   35  any of the acts in violation of subparagraph 1. for or on behalf
   36  of an any insurer or credit card facility, such insurer or
   37  credit card facility shall be deemed held to be doing business
   38  in this state and, if an insurer, shall be subject to the same
   39  state, county, and municipal taxes as insurers that have been
   40  legally qualified and admitted to do business in this state by
   41  agents or otherwise are subject, the same to be assessed and
   42  collected against such insurers; and such person so doing or
   43  performing any of such acts is shall be personally liable for
   44  all such taxes.
   45         3. A licensed agent or insurer may solicit or negotiate any
   46  insurance; seek or accept applications for insurance; issue or
   47  deliver any policy; receive, collect, or transmit premiums, to
   48  or for an any insurer; or otherwise transact insurance in this
   49  state, or relative to a subject of insurance resident, located,
   50  or to be performed in this state, through the arrangement or
   51  facilities of a credit card facility or organization, for the
   52  purpose of insuring credit card holders or prospective credit
   53  card holders if:
   54         a. The insurance or policy which is the subject of the
   55  transaction is noncancelable by any person other than the named
   56  insured, the policyholder, or the insurer;
   57         b. Any refund of unearned premium is made directly to the
   58  credit card holder by mail or electronic transfer; and
   59         c. The credit card transaction is authorized by the
   60  signature of the credit card holder or other person authorized
   61  to sign on the credit card account.
   62  
   63  The conditions enumerated in sub-subparagraphs a.-c. do not
   64  apply to health insurance or to credit life, credit disability,
   65  or credit property insurance; and sub-subparagraph c. does not
   66  apply to property and casualty insurance if so long as the
   67  transaction is authorized by the insured.
   68         4. No person may use or disclose information resulting from
   69  the use of a credit card in conjunction with the purchase of
   70  insurance if, when such information is to the advantage of the
   71  such credit card facility or an insurance agent, or is to the
   72  detriment of the insured or any other insurance agent; except
   73  that this provision does not prohibit a credit card facility
   74  from using or disclosing such information in a any judicial
   75  proceeding or consistent with applicable law on credit
   76  reporting.
   77         5. No Such insurance may not shall be sold through a credit
   78  card facility in conjunction with membership in any automobile
   79  club. The term “automobile club” means a legal entity that
   80  which, in consideration of dues, assessments, or periodic
   81  payments of money, promises its members or subscribers to assist
   82  them in matters relating to the ownership, operation, use, or
   83  maintenance of a motor vehicle; however, the term definition of
   84  automobile clubs does not include persons, associations, or
   85  corporations that which are organized and operated solely for
   86  the purpose of conducting, sponsoring, or sanctioning motor
   87  vehicle races, exhibitions, or contests upon racetracks, or upon
   88  race courses established and marked as such for the duration of
   89  such particular event. The words “motor vehicle” used herein
   90  shall be the same as defined in chapter 320.
   91         Section 2. Subsections (1), (2), and (3) of section
   92  627.7283, Florida Statutes, are amended to read:
   93         627.7283 Cancellation; return of premium.—
   94         (1) If the insured cancels a policy of motor vehicle
   95  insurance, the insurer must mail or electronically transfer the
   96  unearned portion of any premium paid within 30 days after the
   97  effective date of the policy cancellation or receipt of notice
   98  or request for cancellation, whichever is later. This
   99  requirement applies to a cancellation initiated by an insured
  100  for any reason.
  101         (2) If an insurer cancels a policy of motor vehicle
  102  insurance, the insurer must mail or electronically transfer the
  103  unearned premium portion of any premium within 15 days after the
  104  effective date of the policy cancellation.
  105         (3) If the unearned premium is not mailed or electronically
  106  transferred within the applicable period, the insurer must pay
  107  to the insured 8 percent interest on the amount due. If the
  108  unearned premium is not mailed or electronically transferred
  109  within 45 days after the applicable period, the insured may
  110  bring an action against the insurer pursuant to s. 624.155.
  111  
  112  ================= T I T L E  A M E N D M E N T ================
  113  And the title is amended as follows:
  114         Delete line 2
  115  and insert:
  116         An act relating to insurance; amending s. 626.9541,
  117         F.S.; revising provisions for unfair methods of
  118         competition and unfair or deceptive acts relating to
  119         conducting certain insurance transactions through
  120         credit card facilities; amending s. 627.7283, F.S.;
  121         allowing the electronic transfer of unearned premiums
  122         under specified circumstances;