Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 635, 1st Eng.
       
       
       
       
       
       
                                Barcode 648292                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 6/AD/3R         .                                
             05/01/2013 01:38 PM       .                                
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       Senator Richter moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1851 and 1852
    4  insert:
    5         Section 44. Subsection (1) and paragraphs (a) and (b) of
    6  subsection (2) of section 627.744, Florida Statutes, are amended
    7  to read:
    8         627.744 Required preinsurance inspection of private
    9  passenger motor vehicles.—
   10         (1) A private passenger motor vehicle insurance policy
   11  providing physical damage coverage, including collision or
   12  comprehensive coverage, may not be issued in this state unless
   13  the insurer has inspected the motor vehicle in accordance with
   14  this section. Physical damage coverage on a motor vehicle may
   15  not be suspended during the term of the policy due to the
   16  applicant’s failure to provide required documents. However,
   17  payment of a claim may be conditioned upon the insurer’s receipt
   18  of the required documents, and physical damage loss occurring
   19  after the effective date of coverage is not payable until the
   20  documents are provided to the insurer.
   21         (2) This section does not apply:
   22         (a) To a policy for a policyholder who has been insured for
   23  2 years or longer, without interruption, under a private
   24  passenger motor vehicle policy that which provides physical
   25  damage coverage on any vehicle, if the agent of the insurer
   26  verifies the previous coverage.
   27         (b) To a new, unused motor vehicle purchased or leased from
   28  a licensed motor vehicle dealer or leasing company, if the
   29  insurer is provided with:
   30         1. A bill of sale or buyer’s order or lease agreement that
   31  which contains a full description of the motor vehicle,
   32  including all options and accessories; or
   33         2. A copy of the title or registration which establishes
   34  transfer of ownership from the dealer or leasing company to the
   35  customer and a copy of the window sticker or the dealer invoice
   36  showing the itemized options and equipment and the total retail
   37  price of the vehicle.
   38  
   39  For the purposes of this paragraph, the physical damage coverage
   40  on the motor vehicle may not be suspended during the term of the
   41  policy due to the applicant’s failure to provide the required
   42  documents. However, payment of a claim is conditioned upon the
   43  receipt by the insurer of the required documents, and no
   44  physical damage loss occurring after the effective date of the
   45  coverage is payable until the documents are provided to the
   46  insurer.
   47  
   48  ================= T I T L E  A M E N D M E N T ================
   49         And the title is amended as follows:
   50         Delete line 197
   51  and insert:
   52         payment limitations; amending s. 627.744, F.S.;
   53         revising and clarifying provisions relating to
   54         required preinsurance inspections of private passenger
   55         motor vehicles; amending s. 627.745, F.S.;