Amendment
Bill No. CS/CS/CS/HB 1495

Amendment No. 474679

CHAMBER ACTION
Senate		House
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1	Representatives Long and Bogdanoff offered the following:
2
3	Amendment (with title amendment)
4	Between lines 2634 and 2635, insert:
5	Section 22.  Paragraph (o) of subsection (1) of section
6	626.9541, Florida Statutes, is amended to read:
7	626.9541  Unfair methods of competition and unfair or
8	deceptive acts or practices defined.--
9	(1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
10	ACTS.--The following are defined as unfair methods of
11	competition and unfair or deceptive acts or practices:
12	(o)  Illegal dealings in premiums; excess or reduced
13	charges for insurance.--
14	1.  Knowingly collecting any sum as a premium or charge for
15	insurance, which is not then provided, or is not in due course
16	to be provided, subject to acceptance of the risk by the
17	insurer, by an insurance policy issued by an insurer as
18	permitted by this code.
19	2.  Knowingly collecting as a premium or charge for
20	insurance any sum in excess of or less than the premium or
21	charge applicable to such insurance, in accordance with the
22	applicable classifications and rates as filed with and approved
23	by the office, and as specified in the policy; or, in cases when
24	classifications, premiums, or rates are not required by this
25	code to be so filed and approved, premiums and charges collected
26	from a Florida resident in excess of or less than those
27	specified in the policy and as fixed by the insurer. This
28	provision shall not be deemed to prohibit the charging and
29	collection, by surplus lines agents licensed under part VIII of
30	this chapter, of the amount of applicable state and federal
31	taxes, or fees as authorized by s. 626.916(4), in addition to
32	the premium required by the insurer or the charging and
33	collection, by licensed agents, of the exact amount of any
34	discount or other such fee charged by a credit card facility in
35	connection with the use of a credit card, as authorized by
36	subparagraph (q)3., in addition to the premium required by the
37	insurer. This subparagraph shall not be construed to prohibit
38	collection of a premium for a universal life or a variable or
39	indeterminate value insurance policy made in accordance with the
40	terms of the contract.
41	3.a.  Imposing or requesting an additional premium for a
42	policy of motor vehicle liability, personal injury protection,
43	medical payment, or collision insurance or any combination
44	thereof or refusing to renew the policy solely because the
45	insured was involved in a motor vehicle accident unless the
46	insurer's file contains information from which the insurer in
47	good faith determines that the insured was substantially at
48	fault in the accident.
49	b.  An insurer which imposes and collects such a surcharge
50	or which refuses to renew such policy shall, in conjunction with
51	the notice of premium due or notice of nonrenewal, notify the
52	named insured that he or she is entitled to reimbursement of
53	such amount or renewal of the policy under the conditions listed
54	below and will subsequently reimburse him or her or renew the
55	policy, if the named insured demonstrates that the operator
56	involved in the accident was:
57	(I)  Lawfully parked;
58	(II)  Reimbursed by, or on behalf of, a person responsible
59	for the accident or has a judgment against such person;
60	(III)  Struck in the rear by another vehicle headed in the
61	same direction and was not convicted of a moving traffic
62	violation in connection with the accident;
63	(IV)  Hit by a "hit-and-run" driver, if the accident was
64	reported to the proper authorities within 24 hours after
65	discovering the accident;
66	(V)  Not convicted of a moving traffic violation in
67	connection with the accident, but the operator of the other
68	automobile involved in such accident was convicted of a moving
69	traffic violation;
70	(VI)  Finally adjudicated not to be liable by a court of
71	competent jurisdiction;
72	(VII)  In receipt of a traffic citation which was dismissed
73	or nolle prossed; or
74	(VIII)  Not at fault as evidenced by a written statement
75	from the insured establishing facts demonstrating lack of fault
76	which are not rebutted by information in the insurer's file from
77	which the insurer in good faith determines that the insured was
78	substantially at fault.
79	c.  In addition to the other provisions of this
80	subparagraph, an insurer may not fail to renew a policy if the
81	insured has had only one accident in which he or she was at
82	fault within the current 3-year period. However, an insurer may
83	nonrenew a policy for reasons other than accidents in accordance
84	with s. 627.728. This subparagraph does not prohibit nonrenewal
85	of a policy under which the insured has had three or more
86	accidents, regardless of fault, during the most recent 3-year
87	period.
88	4.  Imposing or requesting an additional premium for, or
89	refusing to renew, a policy for motor vehicle insurance solely
90	because the insured committed a noncriminal traffic infraction
91	as described in s. 318.14 unless the infraction is:
92	a.  A second infraction committed within an 18-month
93	period, or a third or subsequent infraction committed within a
94	36-month period.
95	b.  A violation of s. 316.183, when such violation is a
96	result of exceeding the lawful speed limit by more than 15 miles
97	per hour.
98	5.  Upon the request of the insured, the insurer and
99	licensed agent shall supply to the insured the complete proof of
100	fault or other criteria which justifies the additional charge or
101	cancellation.
102	6.  No insurer shall impose or request an additional
103	premium for motor vehicle insurance, cancel or refuse to issue a
104	policy, or refuse to renew a policy because the insured or the
105	applicant is a handicapped or physically disabled person, so
106	long as such handicap or physical disability does not
107	substantially impair such person's mechanically assisted driving
108	ability.
109	7.  No insurer may cancel or otherwise terminate any
110	insurance contract or coverage, or require execution of a
111	consent to rate endorsement, during the stated policy term for
112	the purpose of offering to issue, or issuing, a similar or
113	identical contract or coverage to the same insured with the same
114	exposure at a higher premium rate or continuing an existing
115	contract or coverage with the same exposure at an increased
116	premium.
117	8.  No insurer may issue a nonrenewal notice on any
118	insurance contract or coverage, or require execution of a
119	consent to rate endorsement, for the purpose of offering to
120	issue, or issuing, a similar or identical contract or coverage
121	to the same insured at a higher premium rate or continuing an
122	existing contract or coverage at an increased premium without
123	meeting any applicable notice requirements.
124	9.  No insurer shall, with respect to premiums charged for
125	motor vehicle insurance, unfairly discriminate solely on the
126	basis of age, sex, marital status, or scholastic achievement.
127	10.  Imposing or requesting an additional premium for motor
128	vehicle comprehensive or uninsured motorist coverage solely
129	because the insured was involved in a motor vehicle accident or
130	was convicted of a moving traffic violation.
131	11.  No insurer shall cancel or issue a nonrenewal notice
132	on any insurance policy or contract without complying with any
133	applicable cancellation or nonrenewal provision required under
134	the Florida Insurance Code.
135	12.  No insurer shall impose or request an additional
136	premium, cancel a policy, or issue a nonrenewal notice on any
137	insurance policy or contract because of any traffic infraction
138	when adjudication has been withheld and no points have been
139	assessed pursuant to s. 318.14(9) and (10). However, this
140	subparagraph does not apply to traffic infractions involving
141	accidents in which the insurer has incurred a loss due to the
142	fault of the insured.
143	13.  Notwithstanding this paragraph, a licensed general
144	lines agent may also collect a reasonable service charge, not to
145	exceed $5, from the insured when the licensed general lines
146	agent processes, as a convenience and accommodation to the
147	insured, an installment payment from the insured to the
148	insurance company or premium finance company when such payments
149	can be made directly to the insurance company or premium finance
150	company by the insured. In no case may an agent collect more
151	than one service charge for any single payment, and a schedule
152	of any such service charge must be prominently posted in the
153	public area of the agency and also on the agency's website if a
154	service charge is to be collected.
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156
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158	T I T L E  A M E N D M E N T
159	Between lines 148 and 149, insert:
160	amending s. 626.9541, F.S.; authorizing licensed general lines
161	agents to collect a service charge for processing certain
162	installment payments under certain circumstances; providing a
163	limitation; providing requirements;

CODING: Words stricken are deletions; words underlined are additions.