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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1978

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Rossin moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 3, between line 23 and 24,

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16  insert:

17         Section 3.  Subsection (7) of section 627.7295, Florida

18  Statutes, 1998 Supplement, is amended to read:

19         627.7295  Motor vehicle insurance contracts.--

20         (7)  A policy of private passenger motor vehicle

21  insurance or a binder for such a policy may be initially

22  issued in this state only if the insurer or agent has

23  collected from the insured an amount equal to 2 months'

24  premium.  An insurer, agent, or premium finance company may

25  not directly or indirectly take any action resulting in the

26  insured having paid from the insured's own funds an amount

27  less than the 2 months' premium required by this subsection.

28  This subsection applies without regard to whether the premium

29  is financed by a premium finance company or is paid pursuant

30  to a periodic payment plan of an insurer or an insurance

31  agent.  This subsection does not apply if an insured or member

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    10:39 AM   04/22/99                             s1978c1c-3518n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1978

    Amendment No.    





 1  of the insured's family is renewing or replacing a policy or a

 2  binder for such policy written by the same insurer or a member

 3  of the same insurer group.  This subsection does not apply to

 4  an insurer that issues private passenger motor vehicle

 5  coverage primarily to active duty or former military personnel

 6  or their dependents. This subsection does not apply if all the

 7  policy payments are is paid pursuant to a payroll deduction

 8  plan or an automatic electronic funds transfer payment plan

 9  from the policyholder, provided that the first policy payment

10  made by cash, cashier's check, or a money order. This

11  subsection and subsection (4) do not apply if all policy

12  payment to an insurer are paid pursuant to an automatic

13  electronic funds transfer payment plan from an agent or a

14  managing general agent and if the policy includes, at a

15  minimum, personal injury protection pursuant to ss.

16  627.730-627.7405; motor vehicle property damage liability

17  pursuant to s. 627.7275; and bodily injury liability in at

18  least the amount of $10,000 because of bodily injury to, or

19  death of, one person in any one accident and in the amount of

20  $20,000 because of bodily injury to, or death of, two or more

21  persons in any one accident. This subsection and subsection

22  (4) do not apply if an insured has had a policy in effect for

23  at least 6 months, the insured's agent is terminated by the

24  insurer that issued the policy, and the insured obtains

25  coverage on the policy's renewal date with a new company

26  through the terminated agent.

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28  (Redesignate subsequent sections.)

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    10:39 AM   04/22/99                             s1978c1c-3518n




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1978

    Amendment No.    





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 1, line 13, after the semicolon

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 5  insert:

 6         amending s. 627.7295, F.S.; providing

 7         inapplicability of the section in specified

 8         circumstances;

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    10:39 AM   04/22/99                             s1978c1c-3518n