Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 424
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/03/2014           .                                

    1         Senate Amendment (with title amendment)
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Paragraph (g) of subsection (1) of section
    7  626.9541, Florida Statutes, is amended to read:
    8         626.9541 Unfair methods of competition and unfair or
    9  deceptive acts or practices defined.—
   11  ACTS.—The following are defined as unfair methods of competition
   12  and unfair or deceptive acts or practices:
   13         (g) Unfair discrimination.—
   14         1. Knowingly making or permitting any unfair discrimination
   15  between individuals of the same actuarially supportable class
   16  and equal expectation of life, in the rates charged for a any
   17  life insurance or annuity contract, in the dividends or other
   18  benefits payable thereon, or in any other term or condition of
   19  the terms and conditions of such contract.
   20         2. Knowingly making or permitting any unfair discrimination
   21  between individuals of the same actuarially supportable class,
   22  as determined at the original time of initial issuance of the
   23  coverage, and essentially the same hazard, in the amount of
   24  premium, policy fees, or rates charged for a any policy or
   25  contract of accident, disability, or health insurance, in the
   26  benefits payable thereunder, in any of the terms or conditions
   27  of such contract, or in any other manner whatever.
   28         3. For a health insurer, life insurer, disability insurer,
   29  property and casualty insurer, automobile insurer, or managed
   30  care provider to underwrite a policy, or refuse to issue,
   31  reissue, or renew a policy, refuse to pay a claim, cancel or
   32  otherwise terminate a policy, or increase rates based upon the
   33  fact that an insured or applicant who is also the proposed
   34  insured has made a claim or sought or should have sought medical
   35  or psychological treatment in the past for abuse, protection
   36  from abuse, or shelter from abuse, or that a claim was caused in
   37  the past by, or might occur as a result of, any future assault,
   38  battery, or sexual assault by a family or household member upon
   39  another family or household member as defined in s. 741.28. A
   40  health insurer, life insurer, disability insurer, or managed
   41  care provider may refuse to underwrite, issue, or renew a policy
   42  based on the applicant’s medical condition, but may shall not
   43  consider whether such condition was caused by an act of abuse.
   44  For purposes of this section, the term “abuse” means the
   45  occurrence of one or more of the following acts:
   46         a. Attempting or committing assault, battery, sexual
   47  assault, or sexual battery;
   48         b. Placing another in fear of imminent serious bodily
   49  injury by physical menace;
   50         c. False imprisonment;
   51         d. Physically or sexually abusing a minor child; or
   52         e. An act of domestic violence as defined in s. 741.28.
   54  This subparagraph does not prohibit a property and casualty
   55  insurer or an automobile insurer from excluding coverage for
   56  intentional acts by the insured if such exclusion is does not
   57  constitute an act of unfair discrimination as defined in this
   58  paragraph.
   59         4. For a personal lines property or personal lines
   60  automobile insurer to:
   61         a. Refuse to issue, reissue, or renew a policy; cancel or
   62  otherwise terminate a policy; or charge an unfairly
   63  discriminatory rate in this state based on the lawful use,
   64  possession, or ownership of a firearm by the insurance
   65  applicant, insured, or a household member of the applicant or
   66  insured. This sub-subparagraph does not prevent an insurer from
   67  charging a supplemental premium that is not unfairly
   68  discriminatory for a separate rider voluntarily requested by the
   69  insurance applicant to insure a firearm or a firearm collection
   70  whose value exceeds the standard policy coverage.
   71         b. Disclose the lawful ownership or possession of firearms
   72  of an insurance applicant, insured, or household member of the
   73  applicant or insured to a third party or an affiliated entity of
   74  the insurer unless the insurer discloses to the applicant or
   75  insured the specific need to disclose the information and the
   76  applicant or insured expressly consents to the disclosure, or
   77  the disclosure is necessary to quote or bind coverage, continue
   78  coverage, or adjust a claim. For purposes of underwriting and
   79  issuing insurance coverage, this sub-subparagraph does not
   80  prevent the sharing of information between an insurance company
   81  and its licensed insurance agent if a separate rider has been
   82  voluntarily requested by the policyholder or prospective
   83  policyholder to insure a firearm or a firearm collection whose
   84  value exceeds the standard policy coverage.
   85  Section 2. This act shall take effect July 1, 2014.
   87  ================= T I T L E  A M E N D M E N T ================
   88  And the title is amended as follows:
   89         Delete everything before the enacting clause
   90  and insert:
   91                        A bill to be entitled                      
   92         An act relating to discriminatory insurance practices;
   93         amending s. 626.9541, F.S.; providing that unfair
   94         discrimination on the basis of gun ownership in the
   95         provision of personal lines property or personal lines
   96         automobile insurance is a discriminatory insurance
   97         practice; clarifying that insurers are not prevented
   98         from charging supplemental premiums or sharing
   99         information between an insurer and its agent if a
  100         separate rider has been requested; providing an
  101         effective date.