Senate Bill sb1906

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    Florida Senate - 2001                                  SB 1906

    By Senator Latvala





    19-1345A-01

  1                      A bill to be entitled

  2         An act relating to insurance; amending s.

  3         627.7295, F.S.; providing an additional

  4         exception to a requirement that a minimum of 2

  5         months' premium be collected to issue a policy

  6         or binder for motor vehicle insurance; amending

  7         s. 627.902, F.S.; authorizing insurers that

  8         finance premiums for certain policies to charge

  9         interest or a service charge at a specified

10         rate on unpaid premiums on those policies;

11         providing an effective date.

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

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

16  Statutes, is amended to read:

17         627.7295  Motor vehicle insurance contracts.--

18         (7)  A policy of private passenger motor vehicle

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

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

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

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

23  not directly or indirectly take any action resulting in the

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

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

26  This subsection applies without regard to whether the premium

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

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

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

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

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

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    Florida Senate - 2001                                  SB 1906
    19-1345A-01




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

  2  an insurer that issues private passenger motor vehicle

  3  coverage primarily to active duty or former military personnel

  4  or their dependents. This subsection does not apply if all

  5  policy payments are paid pursuant to a payroll deduction plan

  6  or an automatic electronic funds transfer payment plan from

  7  the policyholder, provided that the first policy payment may

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

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

10  payments to an insurer are paid pursuant to an automatic

11  electronic funds transfer payment plan from an agent or a

12  managing general agent, or if the policy is issued pursuant to

13  the transfer of a book of business by an agent from one

14  insurer to another, provided that and if the policy includes,

15  at a 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.

27         Section 2.  Section 627.902, Florida Statutes, is

28  amended to read:

29         627.902  Premium financing by an insurer or

30  subsidiary.--An insurer, a subsidiary of an insurer, or a

31  corporation under substantially the same management or control

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    Florida Senate - 2001                                  SB 1906
    19-1345A-01




  1  as an authorized insurer or group of authorized insurers may

  2  finance property, casualty, surety, and marine insurance

  3  premiums on policies issued or business produced by such

  4  insurer or insurers; however, any such insurer, subsidiary, or

  5  corporation or group of insurers the total service charge per

  6  year or rate of interest of which is substantially more than

  7  that provided in s. 627.901 shall be subject to part XV of

  8  this chapter. An insurer may charge a rate of interest or

  9  service charge, paid in approximately level installments that

10  when billed do not exceed an annualized rate of 18 percent, on

11  the unpaid balance over the term of the policy.

12         Section 3.  This act shall take effect July 1, 2001.

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15                          SENATE SUMMARY

16    Provides an exception to a requirement that an insurer
      must collect a minimum of two months' premium before
17    issuing a policy of motor vehicle insurance. Provides
      that insurers and their subsidiaries that finance
18    property, casualty, surety, and marine insurance premiums
      may charge a rate of interest or service charge not to
19    exceed 18 percent on the unpaid balance of premium over
      the term of the policy.
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