Bill Text: FL S0714 | 2019 | Regular Session | Comm Sub
Bill Title: Insurance
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-05-02 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 301 (Ch. 2019-108) [S0714 Detail]
Download: Florida-2019-S0714-Comm_Sub.html
Florida Senate - 2019 CS for CS for CS for CS for SB 714
By the Committees on Appropriations; Banking and Insurance;
Judiciary; and Banking and Insurance; and Senators Brandes and
Bracy
576-04631-19 2019714c4
1 A bill to be entitled
2 An act relating to insurance; providing a short title;
3 amending s. 215.555, F.S.; increasing the required
4 reimbursement of loss adjustment expenses in
5 reimbursement contracts between the State Board of
6 Administration and property insurers under the Florida
7 Hurricane Catastrophe Fund; amending s. 319.30, F.S.;
8 specifying means by which an insurance company may
9 forward certificates of title of certain salvage motor
10 vehicles or mobile homes to the Department of Highway
11 Safety and Motor Vehicles; revising the effective date
12 of certain procedures and requirements relating to
13 certificates of title; providing that certain
14 electronic signatures satisfy certain signature
15 requirements; amending s. 440.381, F.S.; revising a
16 criminal penalty for the submission, with certain
17 intent, of an employer application for workers’
18 compensation insurance coverage which contains false,
19 misleading, or incomplete information; providing that
20 certain sworn statements in such applications are not
21 required to be notarized; creating s. 624.1055, F.S.;
22 providing a right of contribution among insurers for
23 defense costs under certain circumstances; providing a
24 requirement for, and authorizing the use of certain
25 factors by, a court in allocating costs; providing a
26 cause of action to enforce the right of contribution;
27 providing construction and applicability; amending s.
28 624.155, F.S.; deleting a provision that tolls, under
29 certain circumstances, a period before a civil action
30 against an insurer may be brought; deleting a
31 provision authorizing the Department of Financial
32 Services to return a civil remedy notice for lack of
33 specificity; prohibiting the filing of the notice
34 within a certain timeframe under certain
35 circumstances; amending s. 624.404, F.S.; adding a
36 circumstance under which the Office of Insurance
37 Regulation may waive a 3-year operation requirement
38 for foreign or alien insurers and exchanges; amending
39 s. 624.4085, F.S.; specifying the applicable formula
40 for determining risk-based capital of certain health
41 maintenance organizations and prepaid limited health
42 service organizations; amending s. 626.914, F.S.;
43 revising the definition of the term “diligent effort”
44 as used in the Surplus Lines Law; amending s. 626.916,
45 F.S.; deleting a limit on fees charged by filing
46 surplus lines agents per policy certified for export;
47 authorizing retail agents to charge reasonable fees
48 for placing surplus lines policies; specifying
49 requirements for itemizing and enumerating fees;
50 amending s. 626.9541, F.S.; providing that insurers
51 and agents may give insureds certain free or
52 discounted loss mitigation services or loss control
53 items; deleting a limitation on the value of loss
54 mitigation services that may be given to insureds;
55 amending s. 627.0655, F.S.; revising circumstances
56 under which insurers or certain authorized persons may
57 provide certain premium discounts to insureds;
58 amending s. 627.426, F.S.; adding means by which
59 liability insurers may provide to named insureds
60 certain notices relating to coverage denials based on
61 a particular coverage defense; amending s. 627.4555,
62 F.S.; requiring life insurers that are required to
63 provide a specified notice to policyowners of an
64 impending lapse in coverage to also notify the
65 policyowner’s agent of record within a certain
66 timeframe; providing that the agent is not responsible
67 for any lapse in coverage; exempting the insurer from
68 the requirement under certain circumstances; amending
69 s. 627.7015, F.S.; adding circumstances under which
70 certain property insurers may provide required notice
71 to policyholders of their right to participate in a
72 certain mediation program; amending s. 627.7295, F.S.;
73 reducing the collected premium required before private
74 passenger motor vehicle insurance policies or binders
75 may be initially issued; creating s. 768.094, F.S.;
76 providing legislative findings and intent; defining
77 terms; specifying responsibilities of operators of
78 roller skating rinks and of roller skaters; amending
79 s. 921.0022, F.S.; conforming a provision to changes
80 made by the act; providing effective dates.
81
82 Be It Enacted by the Legislature of the State of Florida:
83
84 Section 1. This act may be cited as “Omnibus Prime.”
85 Section 2. Effective upon this act becoming a law,
86 paragraph (b) of subsection (4) of section 215.555, Florida
87 Statutes, is amended to read:
88 215.555 Florida Hurricane Catastrophe Fund.—
89 (4) REIMBURSEMENT CONTRACTS.—
90 (b)1. The contract shall contain a promise by the board to
91 reimburse the insurer for 45 percent, 75 percent, or 90 percent
92 of its losses from each covered event in excess of the insurer’s
93 retention, plus 5 percent of the reimbursed losses to cover loss
94 adjustment expenses. For contracts and rates effective on or
95 after June 1, 2019, the loss adjustment expense reimbursement
96 must be 10 percent of the reimbursed losses.
97 2. The insurer must elect one of the percentage coverage
98 levels specified in this paragraph and may, upon renewal of a
99 reimbursement contract, elect a lower percentage coverage level
100 if no revenue bonds issued under subsection (6) after a covered
101 event are outstanding, or elect a higher percentage coverage
102 level, regardless of whether or not revenue bonds are
103 outstanding. All members of an insurer group must elect the same
104 percentage coverage level. Any joint underwriting association,
105 risk apportionment plan, or other entity created under s.
106 627.351 must elect the 90-percent coverage level.
107 3. The contract shall provide that reimbursement amounts
108 shall not be reduced by reinsurance paid or payable to the
109 insurer from other sources.
110 Section 3. Paragraph (b) of subsection (3) of section
111 319.30, Florida Statutes, is amended, and paragraph (d) is added
112 to that section, to read:
113 319.30 Definitions; dismantling, destruction, change of
114 identity of motor vehicle or mobile home; salvage.—
115 (3)
116 (b) The owner, including persons who are self-insured, of a
117 motor vehicle or mobile home that is considered to be salvage
118 shall, within 72 hours after the motor vehicle or mobile home
119 becomes salvage, forward the title to the motor vehicle or
120 mobile home to the department for processing. However, an
121 insurance company that pays money as compensation for the total
122 loss of a motor vehicle or mobile home shall obtain the
123 certificate of title for the motor vehicle or mobile home, make
124 the required notification to the National Motor Vehicle Title
125 Information System, and, within 72 hours after receiving such
126 certificate of title, forward such title by electronic means,
127 the United States Postal Service, or another commercially
128 available delivery service to the department for processing. The
129 owner or insurance company, as applicable, may not dispose of a
130 vehicle or mobile home that is a total loss before it obtains a
131 salvage certificate of title or certificate of destruction from
132 the department. Effective July 1, 2020 July 1, 2023:
133 1. Thirty days after payment of a claim for compensation
134 pursuant to this paragraph, the insurance company may receive a
135 salvage certificate of title or certificate of destruction from
136 the department if the insurance company is unable to obtain a
137 properly assigned certificate of title from the owner or
138 lienholder of the motor vehicle or mobile home, if the motor
139 vehicle or mobile home does not carry an electronic lien on the
140 title and the insurance company:
141 a. Has obtained the release of all liens on the motor
142 vehicle or mobile home;
143 b. Has provided proof of payment of the total loss claim;
144 and
145 c. Has provided an affidavit on letterhead signed by the
146 insurance company or its authorized agent stating the attempts
147 that have been made to obtain the title from the owner or
148 lienholder and further stating that all attempts are to no
149 avail. The affidavit must include a request that the salvage
150 certificate of title or certificate of destruction be issued in
151 the insurance company’s name due to payment of a total loss
152 claim to the owner or lienholder. The attempts to contact the
153 owner may be by written request delivered in person or by first
154 class mail with a certificate of mailing to the owner’s or
155 lienholder’s last known address.
156 2. If the owner or lienholder is notified of the request
157 for title in person, the insurance company must provide an
158 affidavit attesting to the in-person request for a certificate
159 of title.
160 3. The request to the owner or lienholder for the
161 certificate of title must include a complete description of the
162 motor vehicle or mobile home and the statement that a total loss
163 claim has been paid on the motor vehicle or mobile home.
164 (d) An electronic signature that is in accordance with
165 chapter 668 satisfies any signature requirement under this
166 subsection.
167 Section 4. Subsection (2) of section 440.381, Florida
168 Statutes, is amended to read:
169 440.381 Application for coverage; reporting payroll;
170 payroll audit procedures; penalties.—
171 (2) Submission of an application that contains false,
172 misleading, or incomplete information provided with the purpose
173 of avoiding or reducing the amount of premiums for workers’
174 compensation coverage is a felony of the third second degree,
175 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
176 The application must contain a statement that the filing of an
177 application containing false, misleading, or incomplete
178 information provided with the purpose of avoiding or reducing
179 the amount of premiums for workers’ compensation coverage is a
180 felony of the third degree, punishable as provided in s.
181 775.082, s. 775.083, or s. 775.084. The application must contain
182 a sworn statement by the employer attesting to the accuracy of
183 the information submitted and acknowledging the provisions of
184 former s. 440.37(4). The application must contain a sworn
185 statement by the agent attesting that the agent explained to the
186 employer or officer the classification codes that are used for
187 premium calculations. The sworn statements by the employer and
188 the agent are not required to be notarized.
189 Section 5. Section 624.1055, Florida Statutes, is created
190 to read:
191 624.1055 Right of contribution among insurers for defense
192 costs.—A liability insurer that owes a duty to defend an insured
193 and that defends the insured against a claim, suit, or other
194 action has a right of contribution for defense costs against any
195 other liability insurer that owes a duty to defend the insured
196 against the same claim, suit, or other action, provided that
197 contribution may not be sought from any insurer for defense
198 costs incurred before the insurer’s receipt of notice of the
199 claim, suit, or other action.
200 (1) APPORTIONMENT OF COSTS.—The court shall allocate
201 defense costs among insurers that owe a duty to defend the
202 insured against the same claim, suit, or other action in
203 accordance with the terms of the insurance policies. The court
204 may use such equitable factors as the court determines are
205 appropriate in making such allocation.
206 (2) ENFORCEMENT OF RIGHT OF CONTRIBUTION.—A liability
207 insurer that is entitled to contribution from another insurer
208 under this section may file an action for contribution in a
209 court of competent jurisdiction.
210 (3) CONSTRUCTION.—
211 (a) This section is not intended to alter any term of a
212 liability insurance policy or to create any additional duty on
213 the part of an insurer to an insured.
214 (b) An insured may not rely on this section as grounds for
215 a complaint against an insurer.
216 (4) APPLICABILITY.—
217 (a) This section applies to liability insurance policies
218 issued for delivery in this state or to liability insurance
219 policies under which an insurer has a duty to defend an insured
220 against claims asserted or suits or actions filed in this state.
221 Such liability insurance policies include surplus lines
222 insurance policies authorized under the Surplus Lines Law, ss.
223 626.913-626.937. This section does not apply to motor vehicle
224 liability insurance or medical professional liability insurance.
225 (b) This section applies to any claim, suit, or other
226 action initiated on or after January 1, 2020.
227 Section 6. Subsection (3) of section 624.155, Florida
228 Statutes, is amended to read:
229 624.155 Civil remedy.—
230 (3)(a) As a condition precedent to bringing an action under
231 this section, the department and the authorized insurer must
232 have been given 60 days’ written notice of the violation. If the
233 department returns a notice for lack of specificity, the 60-day
234 time period shall not begin until a proper notice is filed.
235 (b) The notice shall be on a form provided by the
236 department and shall state with specificity the following
237 information, and such other information as the department may
238 require:
239 1. The statutory provision, including the specific language
240 of the statute, which the authorized insurer allegedly violated.
241 2. The facts and circumstances giving rise to the
242 violation.
243 3. The name of any individual involved in the violation.
244 4. Reference to specific policy language that is relevant
245 to the violation, if any. If the person bringing the civil
246 action is a third party claimant, she or he shall not be
247 required to reference the specific policy language if the
248 authorized insurer has not provided a copy of the policy to the
249 third party claimant pursuant to written request.
250 5. A statement that the notice is given in order to perfect
251 the right to pursue the civil remedy authorized by this section.
252 (c) Within 20 days of receipt of the notice, the department
253 may return any notice that does not provide the specific
254 information required by this section, and the department shall
255 indicate the specific deficiencies contained in the notice. A
256 determination by the department to return a notice for lack of
257 specificity shall be exempt from the requirements of chapter
258 120.
259 (c)(d) No action shall lie if, within 60 days after filing
260 notice, the damages are paid or the circumstances giving rise to
261 the violation are corrected.
262 (d)(e) The authorized insurer that is the recipient of a
263 notice filed pursuant to this section shall report to the
264 department on the disposition of the alleged violation.
265 (e)(f) The applicable statute of limitations for an action
266 under this section shall be tolled for a period of 65 days by
267 the mailing of the notice required by this subsection or the
268 mailing of a subsequent notice required by this subsection.
269 (f) A notice required under this subsection may not be
270 filed within 60 days after appraisal is invoked by any party in
271 a residential property insurance claim.
272 Section 7. Subsection (2) of section 624.404, Florida
273 Statutes, is amended to read:
274 624.404 General eligibility of insurers for certificate of
275 authority.—To qualify for and hold authority to transact
276 insurance in this state, an insurer must be otherwise in
277 compliance with this code and with its charter powers and must
278 be an incorporated stock insurer, an incorporated mutual
279 insurer, or a reciprocal insurer, of the same general type as
280 may be formed as a domestic insurer under this code; except
281 that:
282 (2) A No foreign or alien insurer or exchange may not shall
283 be authorized to transact insurance in this state unless it is
284 otherwise qualified therefor under this code and has operated
285 satisfactorily for at least 3 years in its state or country of
286 domicile; however, the office may waive the 3-year requirement
287 if the foreign or alien insurer or exchange:
288 (a) Has operated successfully and has capital and surplus
289 of $5 million;
290 (b) Is the wholly owned subsidiary of an insurer which is
291 an authorized insurer in this state;
292 (c) Is the successor in interest through merger or
293 consolidation of an authorized insurer; or
294 (d) Provides a product or service not readily available to
295 the consumers of this state; or
296 (e) Possesses sufficient capital and surplus to support its
297 plan of operation as filed with the office.
298 Section 8. Paragraphs (d) and (e) of subsection (2) of
299 section 624.4085, Florida Statutes, are amended, and paragraph
300 (g) of subsection (1) of that section is republished, to read:
301 624.4085 Risk-based capital requirements for insurers.—
302 (1) As used in this section, the term:
303 (g) “Life and health insurer” means an insurer authorized
304 or eligible under the Florida Insurance Code to underwrite life
305 or health insurance. The term includes a property and casualty
306 insurer that writes accident and health insurance only.
307 Effective January 1, 2015, the term also includes a health
308 maintenance organization that is authorized in this state and
309 one or more other states, jurisdictions, or countries and a
310 prepaid limited health service organization that is authorized
311 in this state and one or more other states, jurisdictions, or
312 countries.
313 (2)
314 (d) A life and health insurer’s risk-based capital is
315 determined in accordance with the formula set forth in the risk
316 based capital instructions. The formula takes into account and
317 may adjust for the covariance between:
318 1. The risk with respect to the insurer’s assets;
319 2. The risk of adverse insurance experience with respect to
320 the insurer’s liabilities and obligations;
321 3. The interest rate risk with respect to the insurer’s
322 business; and
323 4. Any other business or other relevant risk set out in the
324 risk-based capital instructions,
325
326 determined in each case by applying the factors in the manner
327 set forth in the risk-based capital instructions. This paragraph
328 does not apply to a health maintenance organization or a prepaid
329 limited health service organization.
330 (e) The risk-based capital of a property and casualty
331 insurer, and, if a health maintenance organization or prepaid
332 limited health service organization is subject to this section
333 pursuant to paragraph (1)(g), the risk-based capital of such
334 organization, insurer’s risk-based capital is determined in
335 accordance with the formula set forth in the risk-based capital
336 instructions. The formula takes into account and may adjust for
337 the covariance between:
338 1. The asset risk;
339 2. The credit risk;
340 3. The underwriting risk; and
341 4. Any other business or other relevant risk set out in the
342 risk-based capital instructions,
343
344 determined in each case by applying the factors in the manner
345 set forth in the risk-based capital instructions.
346 Section 9. Subsection (4) of section 626.914, Florida
347 Statutes, is amended to read:
348 626.914 Definitions.—As used in this Surplus Lines Law, the
349 term:
350 (4) “Diligent effort” means seeking coverage from and
351 having been rejected by at least three authorized insurers
352 currently writing this type of coverage and documenting these
353 rejections. However, if the residential structure has a dwelling
354 replacement cost of $700,000 $1 million or more, the term means
355 seeking coverage from and having been rejected by at least one
356 authorized insurer currently writing this type of coverage and
357 documenting this rejection.
358 Section 10. Subsection (4) of section 626.916, Florida
359 Statutes, is amended, and subsection (5) is added to that
360 section, to read:
361 626.916 Eligibility for export.—
362 (4) A reasonable per-policy fee, not to exceed $35, may be
363 charged by the filing surplus lines agent for each policy
364 certified for export. The per-policy fee must be itemized
365 separately to the customer before purchase and must be
366 enumerated in the policy.
367 (5) A retail agent may charge a reasonable per-policy fee
368 for placement of a surplus lines policy under this section. The
369 per-policy fee must be itemized separately to the customer
370 before purchase.
371 Section 11. Paragraph (m) of subsection (1) of section
372 626.9541, Florida Statutes, is amended to read:
373 626.9541 Unfair methods of competition and unfair or
374 deceptive acts or practices defined.—
375 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
376 ACTS.—The following are defined as unfair methods of competition
377 and unfair or deceptive acts or practices:
378 (m) Permissible advertising and promotional gifts, and
379 charitable contributions, and loss mitigation services or loss
380 control items permitted.—
381 1. The provisions of Paragraph (f), paragraph (g), or
382 paragraph (h) do not prohibit a licensed insurer or its agent
383 from:
384 a. Giving to insureds, prospective insureds, or others any
385 article of merchandise, goods, wares, store gift cards, gift
386 certificates, event tickets, anti-fraud or loss mitigation
387 services, or other items having a total value of $100 or less
388 per insured or prospective insured in any calendar year.
389 b. Making charitable contributions, as defined in s. 170(c)
390 of the Internal Revenue Code, on behalf of insureds or
391 prospective insureds, of up to $100 per insured or prospective
392 insured in any calendar year.
393 c. Giving to insureds, for free or at a discounted price,
394 loss mitigation services or loss control items of value that
395 relate to the risks covered under the policy.
396 2. The provisions of Paragraph (f), paragraph (g), or
397 paragraph (h) do not prohibit a title insurance agent or title
398 insurance agency, as those terms are defined in s. 626.841, or a
399 title insurer, as defined in s. 627.7711, from giving to
400 insureds, prospective insureds, or others, for the purpose of
401 advertising, any article of merchandise having a value of not
402 more than $25. A person or entity governed by this subparagraph
403 is not subject to subparagraph 1.
404 Section 12. Section 627.0655, Florida Statutes, is amended
405 to read:
406 627.0655 Policyholder loss or expense-related premium
407 discounts.—An insurer or person authorized to engage in the
408 business of insurance in this state may include, in the premium
409 charged an insured for any policy, contract, or certificate of
410 insurance, an actuarially sound a discount based on the fact
411 that another policy, contract, or certificate of any type has
412 been purchased by the insured from:
413 (1) The same insurer or insurer group, or another insurer
414 under a joint marketing agreement;
415 (2) The Citizens Property Insurance Corporation created
416 under s. 627.351(6), if the same insurance agent is servicing
417 both policies;, or
418 (3) An insurer that has removed the policy from the
419 Citizens Property Insurance Corporation or issued a policy
420 pursuant to the clearinghouse program under s. 627.3518, if the
421 same insurance agent is servicing both policies; or
422 (4) An insurer, if the same insurance agent is servicing
423 the policies.
424 Section 13. Subsection (2) of section 627.426, Florida
425 Statutes, is amended to read:
426 627.426 Claims administration.—
427 (2) A liability insurer shall not be permitted to deny
428 coverage based on a particular coverage defense unless:
429 (a) Within 30 days after the liability insurer knew or
430 should have known of the coverage defense, written notice of
431 reservation of rights to assert a coverage defense is given to
432 the named insured by United States postal proof of mailing,
433 registered or certified mail, or other mailing using the
434 Intelligent Mail barcode or other similar tracking method used
435 or approved by the United States Postal Service, sent to the
436 last known address of the insured, or by hand delivery; and
437 (b) Within 60 days of compliance with paragraph (a) or
438 receipt of a summons and complaint naming the insured as a
439 defendant, whichever is later, but in no case later than 30 days
440 before trial, the insurer:
441 1. Gives written notice to the named insured by United
442 States postal proof of mailing, registered or certified mail, or
443 other mailing using the Intelligent Mail barcode or other
444 similar tracking method used or approved by the United States
445 Postal Service, of its refusal to defend the insured;
446 2. Obtains from the insured a nonwaiver agreement following
447 full disclosure of the specific facts and policy provisions upon
448 which the coverage defense is asserted and the duties,
449 obligations, and liabilities of the insurer during and following
450 the pendency of the subject litigation; or
451 3. Retains independent counsel which is mutually agreeable
452 to the parties. Reasonable fees for the counsel may be agreed
453 upon between the parties or, if no agreement is reached, shall
454 be set by the court.
455 Section 14. Section 627.4555, Florida Statutes, is amended
456 to read:
457 627.4555 Secondary notice.—
458 (1) Except as provided in this section, a contract for life
459 insurance issued or issued for delivery in this state on or
460 after October 1, 1997, covering a natural person 64 years of age
461 or older, which has been in force for at least 1 year, may not
462 be lapsed for nonpayment of premium unless, after expiration of
463 the grace period, and at least 21 days before the effective date
464 of any such lapse, the insurer has mailed a notification of the
465 impending lapse in coverage to the policyowner and to a
466 specified secondary addressee if such addressee has been
467 designated in writing by name and address by the policyowner. An
468 insurer issuing a life insurance contract on or after October 1,
469 1997, shall notify the applicant of the right to designate a
470 secondary addressee at the time of application for the policy,
471 on a form provided by the insurer, and at any time the policy is
472 in force, by submitting a written notice to the insurer
473 containing the name and address of the secondary addressee. For
474 purposes of any life insurance policy that provides a grace
475 period of more than 51 days for nonpayment of premiums, the
476 notice of impending lapse in coverage required by this section
477 must be mailed to the policyowner and the secondary addressee at
478 least 21 days before the expiration of the grace period provided
479 in the policy. This section does not apply to any life insurance
480 contract under which premiums are payable monthly or more
481 frequently and are regularly collected by a licensed agent or
482 are paid by credit card or any preauthorized check processing or
483 automatic debit service of a financial institution.
484 (2) If the policyowner has a life agent of record or any
485 agent of record, the insurer must also notify the agent of the
486 impending lapse in coverage or mail or send electronically a
487 copy of the notification of the impending lapse in coverage
488 under subsection (1) to the agent at least 21 days before the
489 effective date of any such lapse. Receipt of such notice does
490 not make the agent responsible for any lapse in coverage. An
491 insurer is not required to notify the agent under this
492 subsection if any of the following applies:
493 (a) The insurer maintains an online system that allows an
494 agent to independently determine if a policy has lapsed.
495 (b) The insurer maintains a procedure that allows an agent
496 to independently determine whether the notice of lapse has been
497 sent to the insured.
498 (c) The insurer has no record of the current agent of
499 record.
500 (d) The agent is employed by the insurer or an affiliate of
501 the insurer.
502 Section 15. Subsection (2) of section 627.7015, Florida
503 Statutes, is amended to read:
504 627.7015 Alternative procedure for resolution of disputed
505 property insurance claims.—
506 (2) At the time of issuance and renewal of a policy or at
507 the time a first-party claim within the scope of this section is
508 filed by the policyholder, the insurer shall notify the
509 policyholder of its right to participate in the mediation
510 program under this section. The department shall prepare a
511 consumer information pamphlet for distribution to persons
512 participating in mediation.
513 Section 16. Subsection (7) of section 627.7295, Florida
514 Statutes, is amended to read:
515 627.7295 Motor vehicle insurance contracts.—
516 (7) A policy of private passenger motor vehicle insurance
517 or a binder for such a policy may be initially issued in this
518 state only if, before the effective date of such binder or
519 policy, the insurer or agent has collected from the insured an
520 amount equal to at least 1 month’s 2 months’ premium. An
521 insurer, agent, or premium finance company may not, directly or
522 indirectly, take any action resulting in the insured having paid
523 from the insured’s own funds an amount less than the 1 month’s 2
524 months’ premium required by this subsection. This subsection
525 applies without regard to whether the premium is financed by a
526 premium finance company or is paid pursuant to a periodic
527 payment plan of an insurer or an insurance agent. This
528 subsection does not apply if an insured or member of the
529 insured’s family is renewing or replacing a policy or a binder
530 for such policy written by the same insurer or a member of the
531 same insurer group. This subsection does not apply to an insurer
532 that issues private passenger motor vehicle coverage primarily
533 to active duty or former military personnel or their dependents.
534 This subsection does not apply if all policy payments are paid
535 pursuant to a payroll deduction plan, an automatic electronic
536 funds transfer payment plan from the policyholder, or a
537 recurring credit card or debit card agreement with the insurer.
538 This subsection and subsection (4) do not apply if all policy
539 payments to an insurer are paid pursuant to an automatic
540 electronic funds transfer payment plan from an agent, a managing
541 general agent, or a premium finance company and if the policy
542 includes, at a minimum, personal injury protection pursuant to
543 ss. 627.730-627.7405; motor vehicle property damage liability
544 pursuant to s. 627.7275; and bodily injury liability in at least
545 the amount of $10,000 because of bodily injury to, or death of,
546 one person in any one accident and in the amount of $20,000
547 because of bodily injury to, or death of, two or more persons in
548 any one accident. This subsection and subsection (4) do not
549 apply if an insured has had a policy in effect for at least 6
550 months, the insured’s agent is terminated by the insurer that
551 issued the policy, and the insured obtains coverage on the
552 policy’s renewal date with a new company through the terminated
553 agent.
554 Section 17. Section 768.094, Florida Statutes, is created
555 to read:
556 768.094 Roller skating rinks; operator and roller skater
557 responsibilities.—
558 (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
559 that the recreational sport of roller skating is practiced by a
560 large number of citizens in this state and is a wholesome and
561 healthy family activity. The Legislature further finds that
562 owners of roller skating rinks have great difficulty in
563 obtaining liability insurance coverage at an affordable cost and
564 that the lack of affordable insurance coverage affects not only
565 the owners, but also patrons who may suffer personal injury as a
566 result of accidents that occur on the premises of a roller
567 skating rink. In order to make it more economically feasible for
568 insurance companies to provide affordable coverage to owners,
569 this section establishes standards to provide more
570 predictability in liability to the owners of rinks and that
571 encourage risk reduction techniques.
572 (2) DEFINITIONS.—As used in this section, the term:
573 (a) “Operator” means a person or an entity that owns,
574 manages, controls, directs, or has operational responsibility
575 for a roller skating rink.
576 (b) “Roller skater” means a person wearing roller skates
577 while in a roller skating rink for the purpose of recreational
578 or competitive roller skating. The term includes an individual
579 in a roller skating rink who is an invitee, regardless of
580 whether the person pays consideration.
581 (c) “Roller skating rink” means a building, a facility, or
582 a premises that provides an area specifically designed to be
583 used by the public for recreational or competitive roller
584 skating.
585 (d) “Spectator” means a person who is present in a roller
586 skating rink only for the purpose of observing recreational or
587 competitive roller skating.
588 (3) OPERATOR RESPONSIBILITIES.—An operator shall:
589 (a) Comply with all current roller skating rink safety
590 standards published by the Roller Skating Association
591 International to the extent such standards are consistent with
592 this section.
593 (b) Post the duties of roller skaters and spectators and
594 the duties and obligations of the operator, as prescribed in
595 this section, in at least three conspicuous locations in the
596 roller skating rink.
597 (c) Maintain the stability and legibility of all signs,
598 symbols, and posted notices required by this section.
599 (d) When the skating rink is open for skating sessions,
600 have as least one floor supervisor on duty for every 200 roller
601 skaters.
602 (e) Maintain the skating surface in a reasonably safe
603 condition, and clean and inspect the skating surface before each
604 skating session.
605 (f) Maintain in good condition the railings, kickboards,
606 and walls surrounding the skating surface.
607 (g) In rinks with step-up or step-down skating surfaces,
608 ensure that the covering on the riser is securely fastened.
609 (h) Install fire extinguishers and inspect them at
610 recommended intervals.
611 (i) Inspect emergency lighting units at least quarterly to
612 ensure that they are in proper working order.
613 (j) Keep exit lights and lights in service areas on when
614 skating surface lights are turned off during a skating session.
615 (k) Maintain in good mechanical condition roller skating
616 equipment that the operator leases or rents to roller skaters.
617 (l) Comply with all applicable state and local safety
618 codes.
619 (4) ROLLER SKATER RESPONSIBILITIES.—A roller skater shall:
620 (a) Maintain reasonable control of his or her speed and the
621 course at all times.
622 (b) Heed all posted signs and warnings.
623 (c) Maintain a proper outlook to avoid other roller skaters
624 and objects.
625 (d) Accept the responsibility for knowing the range of his
626 or her own ability to negotiate the intended direction of travel
627 while on roller skates and to skate within the limits of that
628 ability.
629 (e) Refrain from acting in a manner that may cause or
630 contribute to the injury of the roller skater or any other
631 person.
632 Section 18. Paragraph (e) of subsection (3) of section
633 921.0022, Florida Statutes, is amended to read:
634 921.0022 Criminal Punishment Code; offense severity ranking
635 chart.—
636 (3) OFFENSE SEVERITY RANKING CHART
637 (e) LEVEL 5
638
639 FloridaStatute FelonyDegree Description
640 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
641 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
642 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
643 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
644 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
645 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
646 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
647 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
648 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
649 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
650 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
651 440.381(2) 3rd 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
652 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
653 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
654 790.01(2) 3rd Carrying a concealed firearm.
655 790.162 2nd Threat to throw or discharge destructive device.
656 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
657 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
658 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
659 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
660 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
661 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
662 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
663 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
664 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
665 812.019(1) 2nd Stolen property; dealing in or trafficking in.
666 812.131(2)(b) 3rd Robbery by sudden snatching.
667 812.16(2) 3rd Owning, operating, or conducting a chop shop.
668 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
669 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
670 817.2341(1),(2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
671 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
672 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
673 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
674 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
675 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
676 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
677 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
678 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
679 843.01 3rd Resist officer with violence to person; resist arrest with violence.
680 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
681 847.0137(2) & (3) 3rd Transmission of pornography by electronic device or equipment.
682 847.0138(2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
683 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
684 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
685 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
686 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
687 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
688 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
689 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
690 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
691 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
692 Section 19. Except as otherwise expressly provided in this
693 act and except for this section, which shall take effect upon
694 this act becoming a law, this act shall take effect July 1,
695 2019.
