Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 1754
                        Barcode 094910
                            CHAMBER ACTION
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11  The Committee on Banking and Insurance (Posey) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraph (n) of subsection (1) of section
19  626.9541, Florida Statutes, is 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         (n)  Free insurance prohibited.--
26         1.  Advertising, offering, or providing free insurance
27  as an inducement to the purchase or sale of real or personal
28  property or of services directly or indirectly connected with
29  such real or personal property.
30         2.  For the purposes of this paragraph, "free"
31  insurance is:
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    6:59 PM   04/12/07                             s1754d-bi24-t03

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1754 Barcode 094910 1 a. Insurance for which no identifiable and additional 2 charge is made to the purchaser of such real property, 3 personal property, or services. 4 b. Insurance for which an identifiable or additional 5 charge is made in an amount less than the cost of such 6 insurance as to the seller or other person, other than the 7 insurer, providing the same. 8 3. Subparagraphs 1. and 2. do not apply to: 9 a. Insurance of, loss of, or damage to the real or 10 personal property involved in any such sale or services, under 11 a policy covering the interests therein of the seller or 12 vendor. 13 b. Blanket disability insurance as defined in s. 14 627.659. 15 c. Credit life insurance or credit disability 16 insurance. 17 d. Any individual, isolated, nonrecurring unadvertised 18 transaction not in the regular course of business. 19 e. Title insurance. 20 f. Any purchase agreement involving the purchase of a 21 cemetery lot or lots in which, under stated conditions, any 22 balance due is forgiven upon the death of the purchaser. 23 g. Life insurance, trip cancellation insurance, or 24 lost baggage insurance offered by a travel agency as part of a 25 travel package offered by and booked through the agency. 26 h. Insurance covering communications equipment if the 27 person paying for the insurance: 28 (I) Has an ongoing contractual interest or other 29 economic interest in the communications equipment; 30 (II) Requires the communications equipment to deliver 31 its services; and 2 6:59 PM 04/12/07 s1754d-bi24-t03
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1754 Barcode 094910 1 (III) Discloses the cost of the insurance at the time 2 the communications equipment is sold. 3 4 For purposes of this sub-subparagraph, the term 5 "communications equipment" means handsets, pagers, or personal 6 digital assistants used to originate or receive communications 7 signals or service. 8 4. Using the word "free" or words which imply the 9 provision of insurance without a cost to describe life or 10 disability insurance, in connection with the advertising or 11 offering for sale of any kind of goods, merchandise, or 12 services. 13 Section 2. This act shall take effect upon becoming a 14 law. 15 16 17 ================ T I T L E A M E N D M E N T =============== 18 And the title is amended as follows: 19 Delete everything before the enacting clause 20 21 and insert: 22 A bill to be entitled 23 An act relating to prohibited free insurance 24 practices; amending s. 626.9541, F.S.; 25 providing an additional exclusion from a 26 prohibition against free insurance for certain 27 communications equipment; providing a 28 definition; providing an effective date. 29 30 31 3 6:59 PM 04/12/07 s1754d-bi24-t03