Florida Senate - 2014                                     SB 424
       
       
        
       By Senator Lee
       
       
       
       
       
       24-00321A-14                                           2014424__
    1                        A bill to be entitled                      
    2         An act relating to discriminatory insurance practices;
    3         amending s. 626.9541, F.S.; providing that unfair
    4         discrimination on the basis of gun ownership in the
    5         provision of personal lines property or personal lines
    6         automobile insurance is a discriminatory insurance
    7         practice; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (g) of subsection (1) of section
   12  626.9541, Florida Statutes, is amended to read:
   13         626.9541 Unfair methods of competition and unfair or
   14  deceptive acts or practices defined.—
   15         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
   16  ACTS.—The following are defined as unfair methods of competition
   17  and unfair or deceptive acts or practices:
   18         (g) Unfair discrimination.—
   19         1. Knowingly making or permitting any unfair discrimination
   20  between individuals of the same actuarially supportable class
   21  and equal expectation of life, in the rates charged for a any
   22  life insurance or annuity contract, in the dividends or other
   23  benefits payable thereon, or in any other term or condition of
   24  the terms and conditions of such contract.
   25         2. Knowingly making or permitting any unfair discrimination
   26  between individuals of the same actuarially supportable class,
   27  as determined at the original time of initial issuance of the
   28  coverage, and essentially the same hazard, in the amount of
   29  premium, policy fees, or rates charged for a any policy or
   30  contract of accident, disability, or health insurance, in the
   31  benefits payable thereunder, in any of the terms or conditions
   32  of such contract, or in any other manner whatever.
   33         3. For a health insurer, life insurer, disability insurer,
   34  property and casualty insurer, automobile insurer, or managed
   35  care provider to underwrite a policy, or refuse to issue,
   36  reissue, or renew a policy, refuse to pay a claim, cancel or
   37  otherwise terminate a policy, or increase rates based upon the
   38  fact that an insured or applicant who is also the proposed
   39  insured has made a claim or sought or should have sought medical
   40  or psychological treatment in the past for abuse, protection
   41  from abuse, or shelter from abuse, or that a claim was caused in
   42  the past by, or might occur as a result of, any future assault,
   43  battery, or sexual assault by a family or household member upon
   44  another family or household member as defined in s. 741.28. A
   45  health insurer, life insurer, disability insurer, or managed
   46  care provider may refuse to underwrite, issue, or renew a policy
   47  based on the applicant’s medical condition, but may shall not
   48  consider whether such condition was caused by an act of abuse.
   49  For purposes of this section, the term “abuse” means the
   50  occurrence of one or more of the following acts:
   51         a. Attempting or committing assault, battery, sexual
   52  assault, or sexual battery;
   53         b. Placing another in fear of imminent serious bodily
   54  injury by physical menace;
   55         c. False imprisonment;
   56         d. Physically or sexually abusing a minor child; or
   57         e. An act of domestic violence as defined in s. 741.28.
   58  
   59  This subparagraph does not prohibit a property and casualty
   60  insurer or an automobile insurer from excluding coverage for
   61  intentional acts by the insured if such exclusion is does not
   62  constitute an act of unfair discrimination as defined in this
   63  paragraph.
   64         4. For a personal lines property or personal lines
   65  automobile insurer to:
   66         a. Refuse to issue, reissue, or renew a policy; cancel or
   67  otherwise terminate a policy; or charge an unfairly
   68  discriminatory rate in this state based on the lawful use,
   69  possession, or ownership of a firearm by the insurance
   70  applicant, insured, or a household member of the applicant or
   71  insured.
   72         b. Disclose the lawful ownership or possession of firearms
   73  of an insurance applicant, insured, or household member of the
   74  applicant or insured to a third party or an affiliated entity of
   75  the insurer unless the insurer discloses to the applicant or
   76  insured the specific need to disclose the information and the
   77  applicant or insured expressly consents to the disclosure.
   78         Section 2. This act shall take effect July 1, 2014.