Senate Bill 2342

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



    Florida Senate - 1999                                  SB 2342

    By Senator Rossin





    35-1523-99

  1                      A bill to be entitled

  2         An act relating to insurance; amending s.

  3         627.728, F.S.; specifying conditions under

  4         which certain policies may be canceled for

  5         nonpayment of premiums; amending s. 627.795,

  6         F.S.; reducing the amount of premium required

  7         to be collected before issuing a motor vehicle

  8         insurance policy or binder; providing an

  9         effective date.

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

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13         Section 1.  Subsection (3) of section 627.728, Florida

14  Statutes, 1998 Supplement, is amended to read:

15         627.728  Cancellations; nonrenewals.--

16         (3)(a)  No notice of cancellation of a policy to which

17  this section applies shall be effective unless mailed or

18  delivered by the insurer to the named insured and to the named

19  insured's insurance agent at least 45 days prior to the

20  effective date of cancellation, except that, when cancellation

21  is for nonpayment of premium, at least 10 days' notice of

22  cancellation accompanied by the reason therefor shall be

23  given. An insurer may cancel a policy for nonpayment if the

24  insurer provides two written notices of cancellation to the

25  insured within the immediately preceding 30 days before the

26  monthly due date. No notice of cancellation of a policy to

27  which this section applies shall be effective unless the

28  reason or reasons for cancellation accompany the notice of

29  cancellation.

30         (b)  Nothing in this subsection shall apply to

31  nonrenewal.

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






    Florida Senate - 1999                                  SB 2342
    35-1523-99




  1         (c)  Nothing in this subsection shall apply in cases in

  2  which the premium has been financed and the premium finance

  3  company has complied with the notice provisions of s. 627.848.

  4         Section 2.  Subsection (7) of section 627.7295, Florida

  5  Statutes, 1998 Supplement, is amended to read:

  6         627.7295  Motor vehicle insurance contracts.--

  7         (7)  A policy of private passenger motor vehicle

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

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

10  collected from the insured an amount equal to 2 weeks' months'

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

12  not directly or indirectly take any action resulting in the

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

14  less than the 2 weeks' months' premium required by this

15  subsection.  This subsection applies without regard to whether

16  the premium is financed by a premium finance company or is

17  paid pursuant to a periodic payment plan of an insurer or an

18  insurance agent.  This subsection does not apply if an insured

19  or member of the insured's family is renewing or replacing a

20  policy or a binder for such policy written by the same insurer

21  or a member of the same insurer group.  This subsection does

22  not apply to an insurer that issues private passenger motor

23  vehicle coverage primarily to active duty or former military

24  personnel or their dependents. This subsection does not apply

25  if the policy is paid pursuant to a payroll deduction plan or

26  an automatic electronic funds transfer payment plan. This

27  subsection and subsection (4) do not apply if an insured has

28  had a policy in effect for at least 6 months, the insured's

29  agent is terminated by the insurer that issued the policy, and

30  the insured obtains coverage on the policy's renewal date with

31  a new company through the terminated agent.

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






    Florida Senate - 1999                                  SB 2342
    35-1523-99




  1         Section 3.  This act shall take effect July 1, 1999.

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  4                          SENATE SUMMARY

  5    Provides conditions under which certain insurance
      policies may be canceled without 10 days' written notice
  6    and reduces the amount of premium binder required for
      certain motor vehicle insurance policies.
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