Senate Bill 2342c1

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



    Florida Senate - 1999                           CS for SB 2342

    By the Committee on Banking and Insurance; and Senator Rossin





    311-2171-99

  1                      A bill to be entitled

  2         An act relating to insurance; amending s.

  3         627.7295, F.S.; providing conditions for

  4         payment pursuant to a payroll deduction or

  5         automatic electronic funds transfer payment

  6         plan; providing an effective date.

  7

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

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

11  Statutes, 1998 Supplement, is amended to read:

12         627.7295  Motor vehicle insurance contracts.--

13         (7)  A policy of private passenger motor vehicle

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

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

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

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

18  not directly or indirectly take any action resulting in the

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

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

21  This subsection applies without regard to whether the premium

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

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

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

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

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

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

28  an insurer that issues private passenger motor vehicle

29  coverage primarily to active duty or former military personnel

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

31  policy payments are is paid pursuant to a payroll deduction

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






    Florida Senate - 1999                           CS for SB 2342
    311-2171-99




  1  plan or an automatic electronic funds transfer payment plan

  2  from the policyholder. This subsection and subsection (4) do

  3  not apply if all policy payments to an insurer are paid

  4  pursuant to an electronic funds transfer payment plan from an

  5  agent or a managing general agent, provided that the policy

  6  includes, at a minimum, personal injury protection pursuant to

  7  ss. 627.730-627.7405; motor vehicle property damage liability

  8  coverage pursuant to s. 627.7275; and bodily injury liability

  9  coverage in at least the amount of $10,000 covering bodily

10  injury to, or death of, one person in any one accident and in

11  the amount of $20,000 covering bodily injury to, or death of,

12  two or more persons in any one accident. This subsection and

13  subsection (4) do not apply if an insured has had a policy in

14  effect for at least 6 months, the insured's agent is

15  terminated by the insurer that issued the policy, and the

16  insured obtains coverage on the policy's renewal date with a

17  new company through the terminated agent.

18         Section 2.  This act shall take effect July 1, 1999.

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






    Florida Senate - 1999                           CS for SB 2342
    311-2171-99




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 2342

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  4  Deletes section 1 of the bill, modifying notice requirements
    for cancellation due to nonpayment of premium.
  5
    Deletes the provision of the bill which changed the 2 months'
  6  premium down payment to 2 weeks' premium deposit.

  7  Revises an exception to the minimum 2-month down payment
    requirement for payments made pursuant to a payroll deduction
  8  plan or an automatic electronic funds transfer payment plan,
    to require that for such automatic transfer payment from the
  9  policyholder, all policy payments must be made in this manner.

10  Provides a new exception to both the minimum down payment
    requirements and the requirement that a motor vehicle
11  insurance policy be non-cancelable by the insurer during the
    first 60 days, if all policy payments are paid by payroll
12  deduction or electronic funds transfer from an agent or
    managing agent, and if the policy includes, at a minimum,
13  personal injury protection, property damage and bodily injury
    liability coverage, of at least $10,000 per person and $20,000
14  per accident.

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