Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 714
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Banking and Insurance (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 39 - 48
    4  and insert:
    5         Section 3. Paragraph (m) of subsection (1) of section
    6  626.9541, Florida Statutes, is 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) Permissible advertising and promotional gifts, and
   13  charitable contributions, and loss mitigation services or loss
   14  control items permitted.—
   15         1. The provisions of paragraph (f), paragraph (g), or
   16  paragraph (h) do not prohibit a licensed insurer or its agent
   17  from:
   18         a. Giving to insureds, prospective insureds, or others any
   19  article of merchandise, goods, wares, store gift cards, gift
   20  certificates, event tickets, anti-fraud or loss mitigation
   21  services, or other items having a total value of $100 or less
   22  per insured or prospective insured in any calendar year.
   23         b. Making charitable contributions, as defined in s. 170(c)
   24  of the Internal Revenue Code, on behalf of insureds or
   25  prospective insureds, of up to $100 per insured or prospective
   26  insured in any calendar year.
   27         c. Giving to insureds, for free or at a discounted price,
   28  loss mitigation services or loss control items of value that
   29  relate to the risks covered under the policy.
   30         2. The provisions of paragraph (f), paragraph (g), or
   31  paragraph (h) do not prohibit a title insurance agent or title
   32  insurance agency, as those terms are defined in s. 626.841, or a
   33  title insurer, as defined in s. 627.7711, from giving to
   34  insureds, prospective insureds, or others, for the purpose of
   35  advertising, any article of merchandise having a value of not
   36  more than $25. A person or entity governed by this subparagraph
   37  is not subject to subparagraph 1.
   38  
   39  ================= T I T L E  A M E N D M E N T ================
   40  And the title is amended as follows:
   41         Delete lines 6 - 11
   42  and insert:
   43         providing that insurers and agents may give insureds
   44         certain free or discounted loss mitigation services or
   45         loss control items; deleting a limitation on loss
   46         mitigation services given to insureds; amending s.
   47         627.0655,