Bill Text: FL S0762 | 2018 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Permissible Insurance Acts

Spectrum: Slight Partisan Bill (? 2-1)

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

Download: Florida-2018-S0762-Comm_Sub.html

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       Florida Senate - 2018                              CS for SB 762
       
       
        
       By the Committee on Banking and Insurance; and Senator Mayfield
       
       
       
       
       
       597-02381-18                                           2018762c1
    1                        A bill to be entitled                      
    2         An act relating to permissible insurance acts;
    3         amending s. 626.9541, F.S.; revising the types, value,
    4         and frequency of advertising and promotional gifts
    5         that licensed insurers or their agents may give to
    6         insureds, prospective insureds, or others; authorizing
    7         such insurers and agents to make specified charitable
    8         contributions on behalf of insureds or prospective
    9         insureds; providing that title insurance agents, title
   10         insurance agencies, or title insurers may give
   11         insureds, prospective insureds, or others advertising
   12         gifts up to a specified value; providing
   13         applicability; authorizing licensed insurers and their
   14         agents to offer complimentary, or discounted rates on,
   15         certain funeral-related services in conjunction with
   16         the sale of a group life or health insurance policy;
   17         specifying a requirement for, and a limitation on, the
   18         providers of such services; providing construction;
   19         providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Paragraphs (m) and (t) of subsection (1) of
   24  section 626.9541, Florida Statutes, are amended to read:
   25         626.9541 Unfair methods of competition and unfair or
   26  deceptive acts or practices defined.—
   27         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
   28  ACTS.—The following are defined as unfair methods of competition
   29  and unfair or deceptive acts or practices:
   30         (m) Advertising and promotional gifts and charitable
   31  contributions permitted.—
   32         1. No provision of Paragraph (f), paragraph (g), or
   33  paragraph (h) does not shall be deemed to prohibit a licensed
   34  insurer or its agent from:
   35         a. Giving to insureds, prospective insureds, or and others,
   36  for the purpose of advertising, any article of merchandise,
   37  goods, wares, store gift cards, gift certificates, event
   38  tickets, anti-fraud or loss mitigation services, or other items
   39  having a total value of $100 or less per insured or prospective
   40  insured within 1 calendar year; or having a value of not more
   41  than $25.
   42         b. Making charitable contributions, as defined in s. 170(c)
   43  of the Internal Revenue Code, on behalf of insureds or
   44  prospective insureds of up to $100 per insured or prospective
   45  insured within 1 calendar year.
   46         2. Paragraph (f), paragraph (g), or paragraph (h) does not
   47  prohibit a title insurance agent or title insurance agency, as
   48  those terms are defined in s. 626.841, or a title insurer, as
   49  defined in s. 627.7711, from giving to insureds, prospective
   50  insureds, or others, for the purpose of advertising, any article
   51  of merchandise having a value of not more than $25. A person or
   52  entity governed by this subparagraph is not subject to
   53  subparagraph 1.
   54         (t) Certain life insurance relations as to with funeral
   55  directors, funeral services, and grief counseling prohibited.—
   56         1. A No life insurer may not shall permit any funeral
   57  director or direct disposer to act as its representative,
   58  adjuster, claim agent, special claim agent, or agent for such
   59  insurer in soliciting, negotiating, or effecting contracts of
   60  life insurance on any plan or of any nature issued by such
   61  insurer or in collecting premiums for holders of any such
   62  contracts except as prescribed in s. 626.785(3).
   63         2. A No life insurer may not shall:
   64         a. Affix, or permit to be affixed, advertising matter of
   65  any kind or character of any licensed funeral director or direct
   66  disposer to such policies of insurance.
   67         b. Circulate, or permit to be circulated, any such
   68  advertising matter with such insurance policies.
   69         c. Attempt in any manner or form to influence policyholders
   70  of the insurer to employ the services of any particular licensed
   71  funeral director or direct disposer.
   72         3. No Such an insurer may not shall maintain, or permit its
   73  agent to maintain, an office or place of business in the office,
   74  establishment, or place of business of any funeral director or
   75  direct disposer in this state.
   76         4. A licensed insurer or its agent may offer, in
   77  conjunction with the sale of a group life or health insurance
   78  policy, complimentary grief counseling or funeral planning
   79  services, or discounted rates on funeral services offered by a
   80  third party provider. Funeral planning services or funeral
   81  services must be rendered by persons licensed under chapter 497
   82  or licensed under the applicable laws in another jurisdiction in
   83  which the funeral provider is located. The contact to such
   84  funeral providers must be initiated by the beneficiaries or
   85  family members of the group policy insured and not by the
   86  funeral provider. All such offerings under this paragraph are
   87  not an advertisement, designation, direction, rebate, or
   88  inducement as described in this section.
   89         Section 2. This act shall take effect July 1, 2018.