Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1754
Barcode 094910
CHAMBER ACTION
Senate House
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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
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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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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
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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.
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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.
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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
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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.
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