HB 1577 2003
1	A bill to be entitled
2	An act relating to required preinsurance inspection of
3	private passenger motor vehicles; amending s. 627.744,
4	F.S.; deleting a nonapplication provision relating to
5	policies issued in certain counties; revising inspection
6	requirements; clarifying department rulemaking
7	authorization; providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1. Subsections (2), (5), and (7) of section
12	627.744, Florida Statutes, are amended to read:
13	627.744 Required preinsurance inspection of private
14	passenger motor vehicles.--
15	(2) This section does not apply:
16	(a) To a policy for a policyholder who has been insured
17	for 2 years or longer, without interruption, under a private
18	passenger motor vehicle policy which provides physical damage
19	coverage, if the agent of the insurer verifies the previous
20	coverage.
21	(b) To a new, unused motor vehicle purchased from a
22	licensed motor vehicle dealer or leasing company, if the insurer
23	is provided with:
24	1. A bill of sale or buyer's order which contains a full
25	description of the motor vehicle, including all options and
26	accessories; or
27	2. A copy of the title which establishes transfer of
28	ownership from the dealer or leasing company to the customer and
29	a copy of the window sticker or the dealer invoice showing the
30	itemized options and equipment and the total retail price of the
31	vehicle.
32
33	For the purposes of this paragraph, the physical damage coverage
34	on the motor vehicle may not be suspended during the term of the
35	policy due to the applicant's failure to provide the required
36	documents. However, payment of a claim is conditioned upon the
37	receipt by the insurer of the required documents, and no
38	physical damage loss occurring after the effective date of the
39	coverage is payable until the documents are provided to the
40	insurer.
41	(c) To a temporary substitute motor vehicle.
42	(d) To a motor vehicle which is leased for less than 6
43	months, if the insurer receives the lease or rental agreement
44	containing a description of the leased motor vehicle, including
45	its condition. Payment of a physical damage claim is conditioned
46	upon receipt of the lease or rental agreement.
47	(e) To a vehicle that is 10 years old or older, as
48	determined by reference to the model year.
49	(f) To any renewal policy.
50	(g) To a motor vehicle policy issued in a county with a
51	1988 estimated population of less than 500,000.
52	(g)(h)To any other vehicle or policy exempted by rule of
53	the department. The department may base a rule under this
54	paragraph only on a determination that the likelihood of a
55	fraudulent physical damage claim is remote or that the
56	inspection would cause a serious hardship to the insurer or the
57	applicant.
58	(h)(i)When the insurer's authorized inspection service
59	has no inspection facility either in the municipality in which
60	the automobile is principally garaged or within 10 miles of such
61	municipality.
62	(i)(j)When the insured vehicle is insured under a
63	commercially rated policy that insures five or more vehicles.
64	(j)(k)When an insurance producer is transferring a book
65	of business from one insurer to another.
66	(k)(l)When an individual insured's coverage is being
67	transferred and initiated by a producer to a new insurer.
68	(5) The inspection shall include at least the following:
69	(a) Taking a physical imprint of the vehicle
70	identification number of the vehicle or otherwise recording the
71	vehicle identification number in a manner prescribed by the
72	department.
73	(a)(b)Recording the presence of accessories required by
74	the department to be recorded.
75	(b)(c)Recording the locations of and a description of
76	existing damage to the vehicle.
77	(c) Recording two digital color images, which shall be
78	taken at oblique angles, clearly showing all four sides of the
79	vehicle and any observable prior damage, and one digital color
80	image of the vehicle’s vehicle identification number. The term
81	“digital color image” means any acceptable technology producing
82	a clear visual image in color, including, but not limited to, a
83	photograph or other digital imaging process which may be
84	accessed, stored, and retrieved via the Internet.
85	(7) The department may, by rule, establish such procedures
86	and notice requirements that it finds necessary to implement the
87	preinsurance inspection of motor vehiclesthis section.
88	Section 2. This act shall take effect July 1, 2003.