Bill Amendment: FL S0762 | 2018 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Permissible Insurance Acts

Status: 2018-03-08 - Laid on Table, refer to CS/CS/HB 483 [S0762 Detail]

Download: Florida-2018-S0762-Senate_Committee_Amendment_242446.html

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       Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 762
       
       
       
       
       
       
                                Ì242446-Î242446                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Banking and Insurance (Mayfield) recommended
       the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (m) and (t) of subsection (1) of
    6  section 626.9541, Florida Statutes, are amended to read:
    7         626.9541 Unfair methods of competition and unfair or
    8  deceptive acts or practices defined.—
    9         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
   10  ACTS.—The following are defined as unfair methods of competition
   11  and unfair or deceptive acts or practices:
   12         (m) Advertising and promotional gifts and charitable
   13  contributions permitted.—
   14         1. No provision of Paragraph (f), paragraph (g), or
   15  paragraph (h) does not shall be deemed to prohibit a licensed
   16  insurer or its agent from:
   17         a. Giving to insureds, prospective insureds, or and others,
   18  for the purpose of advertising, any article of merchandise,
   19  goods, wares, store gift cards, gift certificates, event
   20  tickets, anti-fraud or loss mitigation services, or other items
   21  having a total value of $100 or less per insured or prospective
   22  insured within 1 calendar year; or having a value of not more
   23  than $25.
   24         b. Making charitable contributions, as defined in s. 170(c)
   25  of the Internal Revenue Code, on behalf of insureds or
   26  prospective insureds of up to $100 per insured or prospective
   27  insured within 1 calendar year.
   28         2. Paragraph (f), paragraph (g), or paragraph (h) does not
   29  prohibit a title insurance agent or title insurance agency, as
   30  those terms are defined in s. 626.841, or a title insurer, as
   31  defined in s. 627.7711, from giving to insureds, prospective
   32  insureds, or others, for the purpose of advertising, any article
   33  of merchandise having a value of not more than $25. A person or
   34  entity governed by this subparagraph is not subject to
   35  subparagraph 1.
   36         (t) Certain life insurance relations as to with funeral
   37  directors, funeral services, and grief counseling prohibited.—
   38         1. A No life insurer may not shall permit any funeral
   39  director or direct disposer to act as its representative,
   40  adjuster, claim agent, special claim agent, or agent for such
   41  insurer in soliciting, negotiating, or effecting contracts of
   42  life insurance on any plan or of any nature issued by such
   43  insurer or in collecting premiums for holders of any such
   44  contracts except as prescribed in s. 626.785(3).
   45         2. A No life insurer may not shall:
   46         a. Affix, or permit to be affixed, advertising matter of
   47  any kind or character of any licensed funeral director or direct
   48  disposer to such policies of insurance.
   49         b. Circulate, or permit to be circulated, any such
   50  advertising matter with such insurance policies.
   51         c. Attempt in any manner or form to influence policyholders
   52  of the insurer to employ the services of any particular licensed
   53  funeral director or direct disposer.
   54         3. No Such an insurer may not shall maintain, or permit its
   55  agent to maintain, an office or place of business in the office,
   56  establishment, or place of business of any funeral director or
   57  direct disposer in this state.
   58         4. A licensed insurer or its agent may offer, in
   59  conjunction with the sale of a group life or health insurance
   60  policy, complimentary grief counseling or funeral planning
   61  services, or discounted rates on funeral services offered by a
   62  third party provider. Funeral planning services or funeral
   63  services must be rendered by persons licensed under chapter 497
   64  or licensed under the applicable laws in another jurisdiction in
   65  which the funeral provider is located. The contact to such
   66  funeral providers must be initiated by the beneficiaries or
   67  family members of the group policy insured and not by the
   68  funeral provider. All such offerings under this paragraph are
   69  not an advertisement, designation, direction, rebate, or
   70  inducement as described in this section.
   71         Section 2. This act shall take effect July 1, 2018.
   72  
   73  ================= T I T L E  A M E N D M E N T ================
   74  And the title is amended as follows:
   75         Delete everything before the enacting clause
   76  and insert:
   77                        A bill to be entitled                      
   78         An act relating to permissible insurance acts;
   79         amending s. 626.9541, F.S.; revising the types, value,
   80         and frequency of advertising and promotional gifts
   81         that licensed insurers or their agents may give to
   82         insureds, prospective insureds, or others; authorizing
   83         such insurers and agents to make specified charitable
   84         contributions on behalf of insureds or prospective
   85         insureds; providing that title insurance agents, title
   86         insurance agencies, or title insurers may give
   87         insureds, prospective insureds, or others advertising
   88         gifts up to a specified value; providing
   89         applicability; authorizing licensed insurers and their
   90         agents to offer complimentary, or discounted rates on,
   91         certain funeral-related services in conjunction with
   92         the sale of a group life or health insurance policy;
   93         specifying a requirement for, and a limitation on, the
   94         providers of such services; providing construction;
   95         providing an effective date.