Senate Bill sb1754c1

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    Florida Senate - 2007                           CS for SB 1754

    By the Committee on Banking and Insurance; and Senator Posey





    597-2464-07

  1                      A bill to be entitled

  2         An act relating to prohibited free insurance

  3         practices; amending s. 626.9541, F.S.;

  4         providing an additional exclusion from a

  5         prohibition against free insurance for certain

  6         communications equipment; providing a

  7         definition; providing an effective date.

  8  

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

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11         Section 1.  Paragraph (n) of subsection (1) of section

12  626.9541, Florida Statutes, is amended to read:

13         626.9541  Unfair methods of competition and unfair or

14  deceptive acts or practices defined.--

15         (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR

16  DECEPTIVE ACTS.--The following are defined as unfair methods

17  of competition and unfair or deceptive acts or practices:

18         (n)  Free insurance prohibited.--

19         1.  Advertising, offering, or providing free insurance

20  as an inducement to the purchase or sale of real or personal

21  property or of services directly or indirectly connected with

22  such real or personal property.

23         2.  For the purposes of this paragraph, "free"

24  insurance is:

25         a.  Insurance for which no identifiable and additional

26  charge is made to the purchaser of such real property,

27  personal property, or services.

28         b.  Insurance for which an identifiable or additional

29  charge is made in an amount less than the cost of such

30  insurance as to the seller or other person, other than the

31  insurer, providing the same.

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    Florida Senate - 2007                           CS for SB 1754
    597-2464-07




 1         3.  Subparagraphs 1. and 2. do not apply to:

 2         a.  Insurance of, loss of, or damage to the real or

 3  personal property involved in any such sale or services, under

 4  a policy covering the interests therein of the seller or

 5  vendor.

 6         b.  Blanket disability insurance as defined in s.

 7  627.659.

 8         c.  Credit life insurance or credit disability

 9  insurance.

10         d.  Any individual, isolated, nonrecurring unadvertised

11  transaction not in the regular course of business.

12         e.  Title insurance.

13         f.  Any purchase agreement involving the purchase of a

14  cemetery lot or lots in which, under stated conditions, any

15  balance due is forgiven upon the death of the purchaser.

16         g.  Life insurance, trip cancellation insurance, or

17  lost baggage insurance offered by a travel agency as part of a

18  travel package offered by and booked through the agency.

19         h.  Insurance covering communications equipment if the

20  person paying for the insurance:

21         (I)  Has an ongoing contractual interest or other

22  economic interest in the communications equipment;

23         (II)  Requires the communications equipment to deliver

24  its services;

25         (III)  Discloses the cost of the insurance at the time

26  the communications equipment is sold; and

27         (IV)  Provides the insurance to every person who

28  purchases a service warranty contract on the equipment and

29  does not provide the insurance to anyone who does not purchase

30  a service warranty contract on the equipment.

31  

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    Florida Senate - 2007                           CS for SB 1754
    597-2464-07




 1  For purposes of this sub-subparagraph, the term

 2  "communications equipment" means handsets, pagers, or personal

 3  digital assistants used to originate or receive communications

 4  signals or service.

 5         4.  Using the word "free" or words which imply the

 6  provision of insurance without a cost to describe life or

 7  disability insurance, in connection with the advertising or

 8  offering for sale of any kind of goods, merchandise, or

 9  services.

10         Section 2.  This act shall take effect upon becoming a

11  law.

12  

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                         Senate Bill 1754

15                                 

16  The committee substitute provides the following change:

17       Deletes all provisions of the bill and excludes insurance
         covering communications equipment from the prohibition
18       against free insurance, under certain conditions.

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