Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1766
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/13/2017           .                                

       The Committee on Banking and Insurance (Steube) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 1963 - 2030
    4  and insert:
    5  before the event giving rise to the claim. In addition, pursuant
    6  to s. 627.747, the insurer may include provisions in its policy
    7  excluding liability coverage for an individual identified by
    8  name on the declarations page as an “excluded driver” while such
    9  individual is operating a vehicle designated as an insured
   10  vehicle on the policy or motor vehicles within the United States
   11  or the Dominion of Canada, subject to limits, exclusive of
   12  interest and costs with respect to each such motor vehicle as is
   13  provided for under s. 324.021(7). Insurers may make available,
   14  with respect to property damage liability coverage, a deductible
   15  amount not to exceed $500. In the event of a property damage
   16  loss covered by a policy containing a property damage deductible
   17  provision, the insurer shall pay to the third-party claimant the
   18  amount of any property damage liability settlement or judgment,
   19  subject to policy limits, as if no deductible existed.
   20         (b) A motor vehicle liability insurance policy issued to a
   21  person who does not own a motor vehicle registered in this state
   22  and who is not already insured under a policy described in
   23  paragraph (a) must An operator’s motor vehicle liability policy
   24  of insurance shall insure the person or persons named therein
   25  against loss from the liability imposed upon him or her by law
   26  for damages arising out of the use by the person of any motor
   27  vehicle not owned by him or her, unless the vehicle was
   28  furnished for the named insured’s regular use and was used by
   29  the named insured for more than 30 consecutive days before the
   30  event giving rise to the claim with the same territorial limits
   31  and subject to the same limits of liability as referred to above
   32  with respect to an owner’s policy of liability insurance.
   33         (c) All such motor vehicle liability policies must shall
   34  state the name and address of the named insured, the coverage
   35  afforded by the policy, the premium charged therefor, the policy
   36  period, and the limits of liability, and must shall contain an
   37  agreement or be endorsed that insurance is provided in
   38  accordance with the coverage defined in this chapter as respects
   39  bodily injury and death or property damage or both and is
   40  subject to all provisions of this chapter. The policies must
   41  insure all persons covered under the liability coverage against
   42  loss from the liability imposed by law for any litigation costs
   43  or attorney fees in any civil action defended by the insurer
   44  which arises out of the ownership, maintenance, or use of a
   45  motor vehicle for which there is liability coverage under the
   46  policy. The Said policies must shall also contain a provision
   47  that the satisfaction by an insured of a judgment for such
   48  injury or damage may shall not be a condition precedent to the
   49  right or duty of the insurance carrier to make payment on
   50  account of such injury or damage, and must shall also contain a
   51  provision that bankruptcy or insolvency of the insured or of the
   52  insured’s estate may shall not relieve the insurance carrier of
   53  any of its obligations under the said policy. However, the
   54  policies may contain provisions excluding liability coverage for
   55  a vehicle being used outside the United States or outside Canada
   56  at the time of the accident.
   57         (2) The provisions of This section is shall not be
   58  applicable to any automobile liability policy unless and until
   59  it is furnished as proof of financial responsibility for the
   60  future pursuant to s. 324.031, and then only from and after the
   61  date said policy is so furnished.
   62         (3) As used in this section, the term:
   63         (a) “Newly acquired vehicle” means a vehicle owned by a
   64  named insured or resident relative of the named insured which
   65  was acquired within 30 days before an accident.
   66         (b) “Resident relative” means a person related to a named
   67  insured by any degree by blood, marriage, or adoption, including
   68  a ward or foster child, who usually makes his or her home in the
   69  same family unit as the named insured, whether or not he or she
   70  temporarily lives elsewhere.
   71         (c) “Temporary substitute vehicle” means any motor vehicle
   72  as defined in s. 320.01(1) not owned by the named insured which
   73  is temporarily used with the permission of the owner as a
   74  substitute for the owned motor vehicle designated on the policy,
   75  when the owned vehicle is withdrawn from normal use because of
   76  breakdown, repair, servicing, loss, or destruction.
   77         Section 15. Section 627.747, Florida Statutes, is created
   78  to read:
   79         627.747 Named driver exclusion.—
   80         (1) A private passenger motor vehicle policy may exclude an
   81  individual identified by name on the declarations page as an
   82  “excluded driver” from coverage while such individual is
   83  operating a vehicle designated as an insured vehicle on the
   84  policy; however, the policy may exclude such identified
   85  individual only as provided in this section. The coverages from
   86  which the identified individual may be excluded are:
   87         (a) Coverages, other than uninsured motorist coverage, the
   88  named insured is not required by law to purchase;
   89         (b)Uninsured motorist coverage for any damages sustained
   90  by the identified individual; and
   91         (c) Bodily injury liability coverage and property damage
   92  liability coverage as required under chapter 324, but only as
   93  permitted by s. 324.151(1)(a).
   94         (2) Notwithstanding any other law to the contrary, a
   95  private passenger motor vehicle policy may not exclude coverage
   96  when:
   97         (a) The identified individual is injured while not
   98  operating a motor vehicle, as defined in s. 324.021(1);
   99         (b) The exclusion is unfairly discriminatory as determined
  100  by the office under the insurance code; or
  101         (c) The exclusion is inconsistent with the underwriting
  102  guidelines filed by the insurer pursuant to s. 627.0651(13)(a).
  104  ================= T I T L E  A M E N D M E N T ================
  105  And the title is amended as follows:
  106         Delete line 144
  107  and insert:
  108         terms; creating s. 627.747, F.S.; authorizing private
  109         passenger motor vehicle policies to exclude named
  110         individuals from specified coverages while such
  111         individuals are operating vehicles insured on the
  112         policies; prohibiting such policies from excluding
  113         coverage under certain circumstances; amending s.
  114         324.161, F.S.; revising