Bill Amendment: FL S1046 | 2013 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Insurance
Status: 2013-04-26 - Laid on Table, companion bill(s) passed, see CS/HB 157 (Ch. 2013-190), CS/HB 1191 (Ch. 2013-209), CS/CS/HB 7125 (Ch. 2013-160), SB 356 (Ch. 2013-125), CS/CS/SB 468 (Ch. 2013-66), CS/SB 1842 (Ch. 2013-101) [S1046 Detail]
Download: Florida-2013-S1046-Senate_Floor_Amendment_264726.html
Bill Title: Insurance
Status: 2013-04-26 - Laid on Table, companion bill(s) passed, see CS/HB 157 (Ch. 2013-190), CS/HB 1191 (Ch. 2013-209), CS/CS/HB 7125 (Ch. 2013-160), SB 356 (Ch. 2013-125), CS/CS/SB 468 (Ch. 2013-66), CS/SB 1842 (Ch. 2013-101) [S1046 Detail]
Download: Florida-2013-S1046-Senate_Floor_Amendment_264726.html
Florida Senate - 2013 SENATOR AMENDMENT Bill No. CS for CS for SB 1046 Barcode 264726 LEGISLATIVE ACTION Senate . House . . . Floor: WD . 04/25/2013 05:26 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Montford moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 1764 and 1765 4 insert: 5 Section 43. Subsection (1) of section 627.727, Florida 6 Statutes, is amended to read: 7 627.727 Motor vehicle insurance; uninsured and underinsured 8 vehicle coverage; insolvent insurer protection.— 9 (1) ANomotor vehicle liability insurance policy which 10 provides bodily injury liability coverage may notshallbe 11 delivered or issued for delivery in this state with respect to 12 any specifically insured or identified motor vehicle registered 13 or principally garaged in this state unless uninsured motor 14 vehicle coverage is provided therein or supplemental thereto for 15 the protection of persons insured thereunder who are legally 16 entitled to recover damages from owners or operators of 17 uninsured motor vehicles because of bodily injury, sickness, or 18 disease, including death, resulting therefrom. However, the 19 coverage required under this section is not applicable when, or 20 to the extent that, an insured named in the policy makes a 21 written rejection of the coverage on behalf of all insureds 22 under the policy. When a motor vehicle is leased for a period of 23 1 year or longer and the lessor of such vehicle, by the terms of 24 the lease contract, provides liability coverage on the leased 25 vehicle, the lessee of such vehicle shall have the sole 26 privilege to reject uninsured motorist coverage or to select 27 lower limits than the bodily injury liability limits, regardless 28 of whether the lessor is qualified as a self-insurer pursuant to 29 s. 324.171. Unless an insured, or lessee having the privilege of 30 rejecting uninsured motorist coverage, requests such coverage or 31 requests higher uninsured motorist limits in writing, the 32 coverage or such higher uninsured motorist limits need not be 33 provided in or supplemental to any other policy which renews, 34 extends, changes, supersedes, or replaces an existing policy 35 with the same bodily injury liability limits when an insured or 36 lessee had rejected the coverage. When an insured or lessee has 37 initially selected limits of uninsured motorist coverage lower 38 than her or his bodily injury liability limits, higher limits of 39 uninsured motorist coverage need not be provided in or 40 supplemental to any other policy which renews, extends, changes, 41 supersedes, or replaces an existing policy with the same bodily 42 injury liability limits unless an insured requests higher 43 uninsured motorist coverage in writing. The rejection or 44 selection of lower limits shall be made on a form approved by 45 the office. The form mustshallfully advise the applicant of 46 the nature of the coverage and mustshallstate that the 47 coverage is equal to bodily injury liability limits unless lower 48 limits are requested or the coverage is rejected. The heading of 49 the form mustshallbe in 12-point bold type and mustshall50 state: “You are electing not to purchase certain valuable 51 coverage which protects you and your family or you are 52 purchasing uninsured motorist limits less than your bodily 53 injury liability limits when you sign this form. Please read 54 carefully.” If this form is signed by a named insured, it is 55will beconclusively presumed that there was an informed, 56 knowing rejection of coverage or election of lower limits on 57 behalf of all insureds. The insurer shall notify the named 58 insured at least annually of her or his options as to the 59 coverage required by this section. Such notice mustshallbe 60 part of, and attached to, the notice of premium, mustshall61 provide for a means to allow the insured to request such 62 coverage, and mustshallbe given in a manner approved by the 63 office. Receipt of this notice does not constitute an 64 affirmative waiver of the insured’s right to uninsured motorist 65 coverage where the insured has not signed a selection or 66 rejection form. The coverage described under this section does 67 not provide medical treatment or care for any compensable injury 68 defined in s. 440.02(19), and is in addition toshall be over69and above, but doesshallnot duplicate, any otherthebenefits 70 available to an insured under any workers’ compensation law, 71 personal injury protection benefits, disability benefits law, or 72 similar law; under any automobile medical expense coverage; 73 under any motor vehicle liability insurance coverage; or from 74 the owner or operator of the uninsured motor vehicle or any 75 other person or organization jointly or severally liable 76 together with such owner or operator for the accident; and such 77 coverage shall cover the difference, if any, between the sum of 78 such benefits and the damages sustained, up to the maximum 79 amount of such coverage provided under this section. The amount 80 of coverage available under this section mayshallnot be 81 reduced by a setoff against any coverage, including liability 82 insurance. Such coverage mayshallnot inure directly or 83 indirectly to the benefit of any workers’ compensation or 84 disability benefits carrier or any person or organization 85 qualifying as a self-insurer under any workers’ compensation or 86 disability benefits law or similar law. 87 88 ================= T I T L E A M E N D M E N T ================ 89 And the title is amended as follows: 90 Delete line 197 91 and insert: 92 evaluators; amending s. 627.727, F.S.; providing that 93 certain motor vehicle insurance coverage does not 94 provide medical care or treatment for employment 95 related injuries; amending s. 627.736, F.S.; revising 96 the