2014 Legislature                            CS for CS for SB 424
    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; clarifying that insurers are not prevented
    8         from charging supplemental premiums or sharing
    9         information between an insurer and its agent if a
   10         separate rider has been requested; providing an
   11         effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Paragraph (g) of subsection (1) of section
   16  626.9541, Florida Statutes, is amended to read:
   17         626.9541 Unfair methods of competition and unfair or
   18  deceptive acts or practices defined.—
   20  ACTS.—The following are defined as unfair methods of competition
   21  and unfair or deceptive acts or practices:
   22         (g) Unfair discrimination.—
   23         1. Knowingly making or permitting any unfair discrimination
   24  between individuals of the same actuarially supportable class
   25  and equal expectation of life, in the rates charged for a any
   26  life insurance or annuity contract, in the dividends or other
   27  benefits payable thereon, or in any other term or condition of
   28  the terms and conditions of such contract.
   29         2. Knowingly making or permitting any unfair discrimination
   30  between individuals of the same actuarially supportable class,
   31  as determined at the original time of initial issuance of the
   32  coverage, and essentially the same hazard, in the amount of
   33  premium, policy fees, or rates charged for a any policy or
   34  contract of accident, disability, or health insurance, in the
   35  benefits payable thereunder, in any of the terms or conditions
   36  of such contract, or in any other manner whatever.
   37         3. For a health insurer, life insurer, disability insurer,
   38  property and casualty insurer, automobile insurer, or managed
   39  care provider to underwrite a policy, or refuse to issue,
   40  reissue, or renew a policy, refuse to pay a claim, cancel or
   41  otherwise terminate a policy, or increase rates based upon the
   42  fact that an insured or applicant who is also the proposed
   43  insured has made a claim or sought or should have sought medical
   44  or psychological treatment in the past for abuse, protection
   45  from abuse, or shelter from abuse, or that a claim was caused in
   46  the past by, or might occur as a result of, any future assault,
   47  battery, or sexual assault by a family or household member upon
   48  another family or household member as defined in s. 741.28. A
   49  health insurer, life insurer, disability insurer, or managed
   50  care provider may refuse to underwrite, issue, or renew a policy
   51  based on the applicant’s medical condition, but may shall not
   52  consider whether such condition was caused by an act of abuse.
   53  For purposes of this section, the term “abuse” means the
   54  occurrence of one or more of the following acts:
   55         a. Attempting or committing assault, battery, sexual
   56  assault, or sexual battery;
   57         b. Placing another in fear of imminent serious bodily
   58  injury by physical menace;
   59         c. False imprisonment;
   60         d. Physically or sexually abusing a minor child; or
   61         e. An act of domestic violence as defined in s. 741.28.
   63  This subparagraph does not prohibit a property and casualty
   64  insurer or an automobile insurer from excluding coverage for
   65  intentional acts by the insured if such exclusion is does not
   66  constitute an act of unfair discrimination as defined in this
   67  paragraph.
   68         4. For a personal lines property or personal lines
   69  automobile insurer to:
   70         a. Refuse to issue, reissue, or renew a policy; cancel or
   71  otherwise terminate a policy; or charge an unfairly
   72  discriminatory rate in this state based on the lawful use,
   73  possession, or ownership of a firearm or ammunition by the
   74  insurance applicant, insured, or a household member of the
   75  applicant or insured. This sub-subparagraph does not prevent an
   76  insurer from charging a supplemental premium that is not
   77  unfairly discriminatory for a separate rider voluntarily
   78  requested by the insurance applicant to insure a firearm or a
   79  firearm collection whose value exceeds the standard policy
   80  coverage.
   81         b. Disclose the lawful ownership or possession of firearms
   82  of an insurance applicant, insured, or household member of the
   83  applicant or insured to a third party or an affiliated entity of
   84  the insurer unless the insurer discloses to the applicant or
   85  insured the specific need to disclose the information and the
   86  applicant or insured expressly consents to the disclosure, or
   87  the disclosure is necessary to quote or bind coverage, continue
   88  coverage, or adjust a claim. For purposes of underwriting and
   89  issuing insurance coverage, this sub-subparagraph does not
   90  prevent the sharing of information between an insurance company
   91  and its licensed insurance agent if a separate rider has been
   92  voluntarily requested by the policyholder or prospective
   93  policyholder to insure a firearm or a firearm collection whose
   94  value exceeds the standard policy coverage.
   95         Section 2. This act shall take effect July 1, 2014.