Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1316
       
       
       
       
       
       
                                Ì5718269Î571826                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/03/2017           .                                
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       The Committee on Banking and Insurance (Bracy) recommended the
       following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 18 - 27
    4  and insert:
    5         (3) This subsection does not prohibit an insurer from
    6  requiring a preinsurance inspection of any motor vehicle as a
    7  condition of issuance of physical damage coverage.
    8         (7) Notwithstanding any other provision of this section, an
    9  insurer may opt out of the inspection requirements of this
   10  section. An insurer opting out of the inspection must file a
   11  manual rule with the office indicating that the insurer will not
   12  participate in the inspection program under this section. An
   13  insurer that files such a manual rule with the office may
   14  establish its own preinsurance inspection requirements as a
   15  condition to issuing a private passenger motor vehicle insurance
   16  policy. The insurer’s preinsurance inspection requirements must
   17  be included in the manual rule filed with the office. An
   18  applicant may be required to pay the cost of the inspection, not
   19  to exceed $5.
   20         (8) The Division of Insurance Fraud of the Department of
   21  Financial Services shall provide a report of data from the
   22  required preinsurance inspection of motor vehicles to the
   23  Governor, the President of the Senate, and the Speaker of the
   24  House of Representatives by December 1, 2016.
   25         (a) The data must include, but need not be limited to:
   26         1. A written estimate of the total cost incurred by
   27  insurers and policyholders in order to comply with the
   28  inspections.
   29         2. A written estimate of the total cost incurred by
   30  insurers to have their motor vehicles inspected.
   31         3. Documentation regarding the total premium savings for
   32  policyholders as a result of the inspections.
   33         4. Documentation of the total number of inspected motor
   34  vehicles that had a preexisting condition.
   35         5. Documentation regarding the potential fraud in motor
   36  vehicle claims incurred within the first 125 days after issuance
   37  of a new policy.
   38         6. Documentation of the total number of referrals of
   39  fraudulent acts to the National Insurance Crime Bureau by
   40  preinsurance inspectors during the past 5 years.
   41         (b) The Legislature may use the report data in determining
   42  the future public necessity for this section.
   43  
   44  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   45  And the directory clause is amended as follows:
   46         Delete lines 14 - 15
   47  and insert:
   48         Section 1. Subsections (3) and (8) of section 627.744,
   49  Florida Statutes, are amended, present subsections (4) through
   50  (7) of that section are redesignated as subsections (3) through
   51  (6), and a new subsection (7) is added to that section, to read:
   52  
   53  ================= T I T L E  A M E N D M E N T ================
   54  And the title is amended as follows:
   55         Delete lines 3 - 10
   56  and insert:
   57         s. 627.744, F.S.; revising construction; authorizing
   58         insurers to opt out of preinsurance inspections of
   59         private passenger motor vehicles; requiring insurers
   60         opting out to file a certain manual rule with the
   61         Office of Insurance Regulation; authorizing such
   62         insurers to establish their own preinsurance
   63         inspection requirements, which must be included in the
   64         filed manual rule; providing that applicants may be
   65         required to pay the cost of the inspection up to a
   66         specified amount; deleting an obsolete provision;
   67         providing an effective date.