Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1046
                                Barcode 264726                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Floor: WD            .                                
             04/25/2013 05:26 PM       .                                

       Senator Montford moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 1764 and 1765
    4  insert:
    5         Section 43. Subsection (1) of section 627.727, Florida
    6  Statutes, is amended to read:
    7         627.727 Motor vehicle insurance; uninsured and underinsured
    8  vehicle coverage; insolvent insurer protection.—
    9         (1) A No motor vehicle liability insurance policy which
   10  provides bodily injury liability coverage may not shall be
   11  delivered or issued for delivery in this state with respect to
   12  any specifically insured or identified motor vehicle registered
   13  or principally garaged in this state unless uninsured motor
   14  vehicle coverage is provided therein or supplemental thereto for
   15  the protection of persons insured thereunder who are legally
   16  entitled to recover damages from owners or operators of
   17  uninsured motor vehicles because of bodily injury, sickness, or
   18  disease, including death, resulting therefrom. However, the
   19  coverage required under this section is not applicable when, or
   20  to the extent that, an insured named in the policy makes a
   21  written rejection of the coverage on behalf of all insureds
   22  under the policy. When a motor vehicle is leased for a period of
   23  1 year or longer and the lessor of such vehicle, by the terms of
   24  the lease contract, provides liability coverage on the leased
   25  vehicle, the lessee of such vehicle shall have the sole
   26  privilege to reject uninsured motorist coverage or to select
   27  lower limits than the bodily injury liability limits, regardless
   28  of whether the lessor is qualified as a self-insurer pursuant to
   29  s. 324.171. Unless an insured, or lessee having the privilege of
   30  rejecting uninsured motorist coverage, requests such coverage or
   31  requests higher uninsured motorist limits in writing, the
   32  coverage or such higher uninsured motorist limits need not be
   33  provided in or supplemental to any other policy which renews,
   34  extends, changes, supersedes, or replaces an existing policy
   35  with the same bodily injury liability limits when an insured or
   36  lessee had rejected the coverage. When an insured or lessee has
   37  initially selected limits of uninsured motorist coverage lower
   38  than her or his bodily injury liability limits, higher limits of
   39  uninsured motorist coverage need not be provided in or
   40  supplemental to any other policy which renews, extends, changes,
   41  supersedes, or replaces an existing policy with the same bodily
   42  injury liability limits unless an insured requests higher
   43  uninsured motorist coverage in writing. The rejection or
   44  selection of lower limits shall be made on a form approved by
   45  the office. The form must shall fully advise the applicant of
   46  the nature of the coverage and must shall state that the
   47  coverage is equal to bodily injury liability limits unless lower
   48  limits are requested or the coverage is rejected. The heading of
   49  the form must shall be in 12-point bold type and must shall
   50  state: “You are electing not to purchase certain valuable
   51  coverage which protects you and your family or you are
   52  purchasing uninsured motorist limits less than your bodily
   53  injury liability limits when you sign this form. Please read
   54  carefully.” If this form is signed by a named insured, it is
   55  will be conclusively presumed that there was an informed,
   56  knowing rejection of coverage or election of lower limits on
   57  behalf of all insureds. The insurer shall notify the named
   58  insured at least annually of her or his options as to the
   59  coverage required by this section. Such notice must shall be
   60  part of, and attached to, the notice of premium, must shall
   61  provide for a means to allow the insured to request such
   62  coverage, and must shall be given in a manner approved by the
   63  office. Receipt of this notice does not constitute an
   64  affirmative waiver of the insured’s right to uninsured motorist
   65  coverage where the insured has not signed a selection or
   66  rejection form. The coverage described under this section does
   67  not provide medical treatment or care for any compensable injury
   68  defined in s. 440.02(19), and is in addition to shall be over
   69  and above, but does shall not duplicate, any other the benefits
   70  available to an insured under any workers’ compensation law,
   71  personal injury protection benefits, disability benefits law, or
   72  similar law; under any automobile medical expense coverage;
   73  under any motor vehicle liability insurance coverage; or from
   74  the owner or operator of the uninsured motor vehicle or any
   75  other person or organization jointly or severally liable
   76  together with such owner or operator for the accident; and such
   77  coverage shall cover the difference, if any, between the sum of
   78  such benefits and the damages sustained, up to the maximum
   79  amount of such coverage provided under this section. The amount
   80  of coverage available under this section may shall not be
   81  reduced by a setoff against any coverage, including liability
   82  insurance. Such coverage may shall not inure directly or
   83  indirectly to the benefit of any workers’ compensation or
   84  disability benefits carrier or any person or organization
   85  qualifying as a self-insurer under any workers’ compensation or
   86  disability benefits law or similar law.
   88  ================= T I T L E  A M E N D M E N T ================
   89         And the title is amended as follows:
   90         Delete line 197
   91  and insert:
   92         evaluators; amending s. 627.727, F.S.; providing that
   93         certain motor vehicle insurance coverage does not
   94         provide medical care or treatment for employment
   95         related injuries; amending s. 627.736, F.S.; revising
   96         the