SENATE AMENDMENT
    Bill No. CS/HB 513
    Amendment No. ___   Barcode 864958
                            CHAMBER ACTION
              Senate                               House
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       05/05/2003 10:26 AM         .                    
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11  Senator Bennett moved the following amendment to amendment
12  (763356):
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14         Senate Amendment (with title amendment) 
15         On page 48, lines 14-20, delete those lines
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17  and insert:  
18         Section 58.  Paragraphs (o) and (z) of subsection (1)
19  of section 626.9541, Florida Statutes, are amended to read:
20         626.9541  Unfair methods of competition and unfair or
21  deceptive acts or practices defined.--
22         (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR
23  DECEPTIVE ACTS.--The following are defined as unfair methods
24  of competition and unfair or deceptive acts or practices:
25         (o)  Illegal dealings in premiums; excess or reduced
26  charges for insurance.--
27         1.  Knowingly collecting any sum as a premium or charge
28  for insurance, which is not then provided, or is not in due
29  course to be provided, subject to acceptance of the risk by
30  the insurer, by an insurance policy issued by an insurer as
31  permitted by this code.
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 513
    Amendment No. ___   Barcode 864958
 1         2.  Knowingly collecting as a premium or charge for
 2  insurance any sum in excess of or less than the premium or
 3  charge applicable to such insurance, in accordance with the
 4  applicable classifications and rates as filed with and
 5  approved by the department, and as specified in the policy;
 6  or, in cases when classifications, premiums, or rates are not
 7  required by this code to be so filed and approved, premiums
 8  and charges collected from a Florida resident in excess of or
 9  less than those specified in the policy and as fixed by the
10  insurer.  This provision shall not be deemed to prohibit the
11  charging and collection, by surplus lines agents licensed
12  under part VIII of this chapter, of the amount of applicable
13  state and federal taxes, or fees as authorized by s.
14  626.916(4), in addition to the premium required by the insurer
15  or the charging and collection, by licensed agents, of the
16  exact amount of any discount or other such fee charged by a
17  credit card facility in connection with the use of a credit
18  card, as authorized by subparagraph (q)3., in addition to the
19  premium required by the insurer.  This subparagraph shall not
20  be construed to prohibit collection of a premium for a
21  universal life or a variable or indeterminate value insurance
22  policy made in accordance with the terms of the contract.
23         3.a.  Imposing or requesting an additional premium for
24  a policy of motor vehicle liability, personal injury
25  protection, medical payment, or collision insurance or any
26  combination thereof or refusing to renew the policy solely
27  because the insured was involved in a motor vehicle accident
28  unless the insurer's file contains information from which the
29  insurer in good faith determines that the insured was
30  substantially at fault in the accident.
31         b.  An insurer which imposes and collects such a
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 513
    Amendment No. ___   Barcode 864958
 1  surcharge or which refuses to renew such policy shall, in
 2  conjunction with the notice of premium due or notice of
 3  nonrenewal, notify the named insured that he or she is
 4  entitled to reimbursement of such amount or renewal of the
 5  policy under the conditions listed below and will subsequently
 6  reimburse him or her or renew the policy, if the named insured
 7  demonstrates that the operator involved in the accident was:
 8         (I)  Lawfully parked;
 9         (II)  Reimbursed by, or on behalf of, a person
10  responsible for the accident or has a judgment against such
11  person;
12         (III)  Struck in the rear by another vehicle headed in
13  the same direction and was not convicted of a moving traffic
14  violation in connection with the accident;
15         (IV)  Hit by a "hit-and-run" driver, if the accident
16  was reported to the proper authorities within 24 hours after
17  discovering the accident;
18         (V)  Not convicted of a moving traffic violation in
19  connection with the accident, but the operator of the other
20  automobile involved in such accident was convicted of a moving
21  traffic violation;
22         (VI)  Finally adjudicated not to be liable by a court
23  of competent jurisdiction;
24         (VII)  In receipt of a traffic citation which was
25  dismissed or nolle prossed; or
26         (VIII)  Not at fault as evidenced by a written
27  statement from the insured establishing facts demonstrating
28  lack of fault which are not rebutted by information in the
29  insurer's file from which the insurer in good faith determines
30  that the insured was substantially at fault.
31         c.  In addition to the other provisions of this
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 513
    Amendment No. ___   Barcode 864958
 1  subparagraph, an insurer may not fail to renew a policy if the
 2  insured has had only one accident in which he or she was at
 3  fault within the current 3-year period. However, an insurer
 4  may nonrenew a policy for reasons other than accidents in
 5  accordance with s. 627.728.  This subparagraph does not
 6  prohibit nonrenewal of a policy under which the insured has
 7  had three or more accidents, regardless of fault, during the
 8  most recent 3-year period.
 9         4.  Imposing or requesting an additional premium for,
10  or refusing to renew, a policy for motor vehicle insurance
11  solely because the insured committed a noncriminal traffic
12  infraction as described in s. 318.14 unless the infraction is:
13         a.  A second infraction committed within an 18-month
14  period, or a third or subsequent infraction committed within a
15  36-month period.
16         b.  A violation of s. 316.183, when such violation is a
17  result of exceeding the lawful speed limit by more than 15
18  miles per hour.
19         5.  Upon the request of the insured, the insurer and
20  licensed agent shall supply to the insured the complete proof
21  of fault or other criteria which justifies the additional
22  charge or cancellation.
23         6.  No insurer shall impose or request an additional
24  premium for motor vehicle insurance, cancel or refuse to issue
25  a policy, or refuse to renew a policy because the insured or
26  the applicant is a handicapped or physically disabled person,
27  so long as such handicap or physical disability does not
28  substantially impair such person's mechanically assisted
29  driving ability.
30         7.  No insurer may cancel or otherwise terminate any
31  insurance contract or coverage, or require execution of a
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 513
    Amendment No. ___   Barcode 864958
 1  consent to rate endorsement, during the stated policy term for
 2  the purpose of offering to issue, or issuing, a similar or
 3  identical contract or coverage to the same insured with the
 4  same exposure at a higher premium rate or continuing an
 5  existing contract or coverage with the same exposure at an
 6  increased premium.
 7         8.  No insurer may issue a nonrenewal notice on any
 8  insurance contract or coverage, or require execution of a
 9  consent to rate endorsement, for the purpose of offering to
10  issue, or issuing, a similar or identical contract or coverage
11  to the same insured at a higher premium rate or continuing an
12  existing contract or coverage at an increased premium without
13  meeting any applicable notice requirements.
14         9.  No insurer shall, with respect to premiums charged
15  for motor vehicle insurance, unfairly discriminate solely on
16  the basis of age, sex, marital status, or scholastic
17  achievement.
18         10.  Imposing or requesting an additional premium for
19  motor vehicle comprehensive or uninsured motorist coverage
20  solely because the insured was involved in a motor vehicle
21  accident or was convicted of a moving traffic violation.
22         11.  No insurer shall cancel or issue a nonrenewal
23  notice on any insurance policy or contract without complying
24  with any applicable cancellation or nonrenewal provision
25  required under the Florida Insurance Code.
26         12.  No insurer shall impose or request an additional
27  premium, cancel a policy, or issue a nonrenewal notice on any
28  insurance policy or contract because of any traffic infraction
29  when adjudication has been withheld and no points have been
30  assessed pursuant to s. 318.14(9) and (10).  However, this
31  subparagraph does not apply to traffic infractions involving
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 513
    Amendment No. ___   Barcode 864958
 1  accidents in which the insurer has incurred a loss due to the
 2  fault of the insured.
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 5  ================ T I T L E   A M E N D M E N T ===============
 6  And the title is amended as follows:
 7         On page 74, line 24, after the second semicolon,
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 9  insert:
10         clarifying activities that constitute illegal
11         dealings in premiums;
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