Senate Bill 1978e1

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







    CS for SB 1978                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to automobile insurance;

  3         amending s. 627.739, F.S.; allowing insureds to

  4         elect multiple personal injury protection

  5         policy limitations; deleting requirement that

  6         insurers offer certain limitations; allowing

  7         insureds to receive appropriate premium

  8         reductions; requiring notice; creating s.

  9         627.7277, F.S.; requiring insurers to give the

10         policyholders notice of the renewal premium;

11         providing for continuation of policy coverage

12         at existing rates if the insurer fails to

13         comply; amending s. 627.7295, F.S.; providing

14         inapplicability of the section in specified

15         circumstances; providing an effective date.

16

17  Be It Enacted by the Legislature of the State of Florida:

18

19         Section 1.  Section 627.739, Florida Statutes, is

20  amended to read:

21         627.739  Personal injury protection; optional

22  limitations; deductibles.--

23         (1)  The named insured may elect a deductible or

24  modified coverage or combination thereof to apply to the named

25  insured alone or to the named insured and dependent relatives

26  residing in the same household, but may not elect a deductible

27  or modified coverage to apply to any other person covered

28  under the policy. Any person electing a deductible or modified

29  coverage, or a combination thereof, or subject to such

30  deductible or modified coverage as a result of the named

31  insured's election, shall have no right to claim or to recover


                                  1

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






    CS for SB 1978                                 First Engrossed



  1  any amount so deducted from any owner, registrant, operator,

  2  or occupant of a vehicle or any person or organization legally

  3  responsible for any such person's acts or omissions who is

  4  made exempt from tort liability by ss. 627.730-627.7405.

  5         (2)  Insurers shall offer to each applicant and to each

  6  policyholder, upon the renewal of an existing policy,

  7  deductibles, in amounts of $250, $500, $1,000, and $2,000,

  8  such amount to be deducted from the benefits otherwise due

  9  each person subject to the deduction.  However, this

10  subsection shall not be applied to reduce the amount of any

11  benefits received in accordance with s. 627.736(1)(c).

12         (3)  Insurers shall offer coverage wherein, at the

13  election of the named insured, all benefits payable under 42

14  U.S.C. s. 1395, the federal "Medicare" program, or to active

15  or retired military personnel and their dependent relatives

16  shall be deducted from those benefits otherwise payable

17  pursuant to s. 627.736(1).

18         (3)(4)  Insurers shall offer coverage wherein, at the

19  election of the named insured, the benefits for loss of gross

20  income and loss of earning capacity described in s.

21  627.736(1)(b) shall be excluded.

22         (4)  The named insured shall not be prevented from

23  electing a deductible under subsection (2) and modified

24  coverage under subsection (3). Each election made by the named

25  insured under this section shall result in an appropriate

26  reduction of premium associated with that election.

27         (5)  All such offers shall be made in clear and

28  unambiguous language at the time the initial application is

29  taken and prior to each annual renewal and shall indicate that

30  a premium reduction will result from each election. At the

31  option of the insurer, the requirements of the preceding


                                  2

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






    CS for SB 1978                                 First Engrossed



  1  sentence are met by using forms of notice approved by the

  2  department, or by providing the following notice in 10-point

  3  type in the insurer's application for initial issuance of a

  4  policy of motor vehicle insurance and the insurer's annual

  5  notice of renewal premium:

  6         "For personal injury protection insurance, the

  7         named insured may elect a deductible and to

  8         exclude coverage for loss of gross income and

  9         loss of earning capacity ("lost wages"). These

10         elections apply to the named insured alone, or

11         to the named insured and all dependent resident

12         relatives. A premium reduction will result from

13         these elections. The named insured is hereby

14         advised not to elect the lost wage exclusion if

15         the named insured or dependent resident

16         relatives are employed, since lost wages will

17         not be payable in the event of an accident."

18         Section 2.  Section 627.7277, Florida Statutes, is

19  created to read:

20         627.7277  Notice of renewal premium.--

21         (1)  As used in this section, the terms "policy" and

22  "renewal" have the meaning ascribed in s. 627.728.

23         (2)  An insurer shall mail or deliver to its

24  policyholder at least 30 days' advance written notice of the

25  renewal premium for the policy.

26         (3)  If the insurer fails to provide the 30 days'

27  notice of a renewal premium that results in a premium

28  increase, the coverage under the policy remains in effect at

29  the existing rates until 30 days after the notice is given or

30  until the effective date of replacement coverage obtained by

31  the insured, whichever occurs first.


                                  3

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






    CS for SB 1978                                 First Engrossed



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

  2  Statutes, 1998 Supplement, is amended to read:

  3         627.7295  Motor vehicle insurance contracts.--

  4         (7)  A policy of private passenger motor vehicle

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

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

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

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

  9  not directly or indirectly take any action resulting in the

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

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

12  This subsection applies without regard to whether the premium

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

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

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

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

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

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

19  an insurer that issues private passenger motor vehicle

20  coverage primarily to active duty or former military personnel

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

22  policy payments are is paid pursuant to a payroll deduction

23  plan or an automatic electronic funds transfer payment plan

24  from the policyholder, provided that the first policy payment

25  is made by cash, cashier's check, check, or a money order.

26  This subsection and subsection (4) do not apply if all policy

27  payment to an insurer are paid pursuant to an automatic

28  electronic funds transfer payment plan from an agent or a

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

30  minimum, personal injury protection pursuant to ss.

31  627.730-627.7405; motor vehicle property damage liability


                                  4

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






    CS for SB 1978                                 First Engrossed



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

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

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

  4  $20,000 because of bodily injury to, or death of, two or more

  5  persons in any one accident. This subsection and subsection

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

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

  8  insurer that issued the policy, and the insured obtains

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

10  through the terminated agent.

11         Section 4.  This act shall take effect July 1, 1999,

12  and shall apply to policies issued or renewed on or after July

13  1, 2000.

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  5