Florida Senate - 2015                                     SB 202
       By Senator Bradley
       7-00378-15                                             2015202__
    1                        A bill to be entitled                      
    2         An act relating to insurance policy documents;
    3         amending s. 627.421, F.S.; authorizing a policyholder
    4         of personal lines insurance to elect delivery of
    5         policy documents by electronic means; amending s.
    6         627.43141, F.S.; revising the requirements applicable
    7         to insurers when providing a notice of change in
    8         renewal policy terms to allow such notice to be sent
    9         separately from the notice of renewal premium within a
   10         specified timeframe; requiring the insurer to provide
   11         a sample copy of the notice of change in renewal
   12         policy terms to the insurance agent at a specified
   13         time; providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Subsection (1) of section 627.421, Florida
   18  Statutes, is amended to read:
   19         627.421 Delivery of policy.—
   20         (1) Subject to the insurer’s requirement as to payment of
   21  premium, every policy shall be mailed, delivered, or
   22  electronically transmitted to the insured or to the person
   23  entitled thereto within not later than 60 days after the
   24  effectuation of coverage. Notwithstanding any other provision of
   25  law, an insurer may allow a policyholder of personal lines
   26  insurance to affirmatively elect delivery of the policy
   27  documents, including, but not limited to, policies,
   28  endorsements, notices, or documents, by electronic means in lieu
   29  of delivery by mail. Electronic transmission of a policy for
   30  commercial risks, including, but not limited to, workers’
   31  compensation and employers’ liability, commercial automobile
   32  liability, commercial automobile physical damage, commercial
   33  lines residential property, commercial nonresidential property,
   34  farmowners insurance, and the types of commercial lines risks
   35  specified set forth in s. 627.062(3)(d), constitutes shall
   36  constitute delivery to the insured or to the person entitled to
   37  delivery, unless the insured or the person entitled to delivery
   38  communicates to the insurer in writing or electronically that he
   39  or she does not agree to delivery by electronic means.
   40  Electronic transmission must shall include a notice to the
   41  insured or to the person entitled to delivery of a policy of his
   42  or her right to receive the policy via United States mail rather
   43  than via electronic transmission. A paper copy of the policy
   44  shall be provided to the insured or to the person entitled to
   45  delivery at his or her request.
   46         Section 2. Subsection (2) of section 627.43141, Florida
   47  Statutes, is amended to read:
   48         627.43141 Notice of change in policy terms.—
   49         (2) A renewal policy may contain a change in policy terms.
   50  If a renewal policy does contain such change occurs, the insurer
   51  shall must give the named insured advance written notice of the
   52  change, which may must be enclosed along with the written notice
   53  of renewal premium required under by ss. 627.4133 and 627.728 or
   54  sent separately within the timeframe required under the Florida
   55  Insurance Code for the provision of a notice of nonrenewal to
   56  the named insured for that line of insurance. The insurer must
   57  also provide a sample copy of the notice to the named insured’s
   58  insurance agent before or at the same time that notice is
   59  provided to the named insured. Such notice shall be entitled
   60  “Notice of Change in Policy Terms.”
   61         Section 3. This act shall take effect July 1, 2015.