| 1 | Representative Holder offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 742-767 and insert: |
| 5 | be marketed service warranties to residents of this state. |
| 6 | (b) The person submits a letter of notification that |
| 7 | provides the following information to the office upon the start |
| 8 | of business from this state and annually thereafter by March 1: |
| 9 | 1. The type of products offered and a statement certifying |
| 10 | that the products are not regulated in the state in which the |
| 11 | person is transacting business or that the person is licensed in |
| 12 | the state in which the person is transacting business. |
| 13 | 2. The name of the person, the state of domicile, the home |
| 14 | address and address in this state of the person, the names of |
| 15 | the owners and their percentage of ownership, the names of the |
| 16 | officers and directors, the name, e-mail, and telephone number |
| 17 | of a contact person, the states in which the person is |
| 18 | transacting business, and how many individuals are employed in |
| 19 | this state. |
| 20 | (c) If the person ceases to do business from this state, |
| 21 | the person shall provide written notification to the office |
| 22 | within 30 days after cessation of business. |
| 23 | (6)(5) Any person who provides, offers to provide, or |
| 24 | holds oneself out as providing or offering to provide a service |
| 25 | warranty to residents of in this state or from this state |
| 26 | without holding a subsisting license commits, in addition to any |
| 27 | other violation, a misdemeanor of the first degree, punishable |
| 28 | as provided in s. 775.082 or s. 775.083. |
| 29 | Section 14. Section 627.442, Florida Statutes, is amended |
| 30 | to read: |
| 31 | 627.442 Insurance contracts.- |
| 32 | (1) A person who requires a workers' compensation |
| 33 | insurance policy pursuant to a construction contract may not |
| 34 | reject a workers' compensation insurance policy issued by a |
| 35 | self-insurance fund that is subject to part V of chapter 631 |
| 36 | based upon the self-insurance fund not being rated by a |
| 37 | nationally recognized insurance rating service. |
| 38 | (2) Notwithstanding s. 440.381(3), premium audits are not |
| 39 | required for workers' compensation coverage, other than an audit |
| 40 | required by the insurance policy or an order of the office, or |
| 41 | at least once each policy period, if requested by the insured. |
| 42 | Section 15. Subsections (4) and (7) of section 627.7295, |
| 43 | Florida Statutes, are amended to read: |
| 44 | 627.7295 Motor vehicle insurance contracts.- |
| 45 | (4) If subsection (7) does not apply, the insurer may |
| 46 | cancel the policy in accordance with this code except that, |
| 47 | notwithstanding s. 627.728, an insurer may not cancel a new |
| 48 | policy or binder during the first 60 days immediately following |
| 49 | the effective date of the policy or binder except for nonpayment |
| 50 | of premium unless the reason for the cancellation is the |
| 51 | issuance of a check for the premium that is dishonored for any |
| 52 | reason. |
| 53 | (7) A policy of private passenger motor vehicle insurance |
| 54 | or a binder for such a policy may be initially issued in this |
| 55 | state only if, before the effective date of such binder or |
| 56 | policy, the insurer or agent has collected from the insured an |
| 57 | amount equal to 2 months' premium. An insurer, agent, or premium |
| 58 | finance company may not, directly or indirectly, take any action |
| 59 | resulting in the insured having paid from the insured's own |
| 60 | funds an amount less than the 2 months' premium required by this |
| 61 | subsection. This subsection applies without regard to whether |
| 62 | the premium is financed by a premium finance company or is paid |
| 63 | pursuant to a periodic payment plan of an insurer or an |
| 64 | insurance agent. This subsection does not apply if an insured or |
| 65 | member of the insured's family is renewing or replacing a policy |
| 66 | or a binder for such policy written by the same insurer or a |
| 67 | member of the same insurer group. This subsection does not apply |
| 68 | to an insurer that issues private passenger motor vehicle |
| 69 | coverage primarily to active duty or former military personnel |
| 70 | or their dependents. This subsection does not apply if all |
| 71 | policy payments are paid pursuant to a payroll deduction plan or |
| 72 | an automatic electronic funds transfer payment plan from the |
| 73 | policyholder, provided that the first policy payment is made by |
| 74 | cash, cashier's check, check, or a money order. This subsection |
| 75 | and subsection (4) do not apply if all policy payments to an |
| 76 | insurer are paid pursuant to an automatic electronic funds |
| 77 | transfer payment plan from an agent, a managing general agent, |
| 78 | or a premium finance company and if the policy includes, at a |
| 79 | minimum, personal injury protection pursuant to ss. 627.730- |
| 80 | 627.7405; motor vehicle property damage liability pursuant to s. |
| 81 | 627.7275; and bodily injury liability in at least the amount of |
| 82 | $10,000 because of bodily injury to, or death of, one person in |
| 83 | any one accident and in the amount of $20,000 because of bodily |
| 84 | injury to, or death of, two or more persons in any one accident. |
| 85 | This subsection and subsection (4) do not apply if an insured |
| 86 | has had a policy in effect for at least 6 months, the insured's |
| 87 | agent is terminated by the insurer that issued the policy, and |
| 88 | the insured obtains coverage on the policy's renewal date with a |
| 89 | new company through the terminated agent. |
| 90 |
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| 91 |
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| 92 | ----------------------------------------------------- |
| 93 | T I T L E A M E N D M E N T |
| 94 | Remove line 80 and insert: |
| 95 | under certain circumstances; amending s. 627.442, F.S.; |
| 96 | limiting the requirement for premium audits of workers' |
| 97 | compensation coverage to specified instances; amending s. |
| 98 | 627.7295, F.S.; providing application; requiring a certain |
| 99 | amount of motor vehicle insurance premium to be paid |
| 100 | before the effective date of a policy binder or policy in |
| 101 | order to issue the binder or policy; authorizing an |
| 102 | insurer to cancel certain motor vehicle insurance policies |
| 103 | or binders for nonpayment of premium; removing a |
| 104 | restriction requiring payment of the first policy payment |
| 105 | of a motor vehicle insurance policy before issuance of a |
| 106 | binder or policy when payments are being made in a |
| 107 | specified manner; providing applicability; |