Senate Bill 1384

Senate Bill sb1384

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 1384

    By Senator Peaden


  1                      A bill to be entitled

  2         An act relating to required preinsurance

  3         inspections of private passenger motor

  4         vehicles; amending s. 627.744, F.S.; deleting

  5         an exception to the inspection requirement;

  6         deleting a requirement to take an imprint of

  7         the vehicle identification number; requiring

  8         that certain digital images of the vehicle be

  9         made; providing an effective date.


11  Be It Enacted by the Legislature of the State of Florida:


13         Section 1.  Subsections (2), (5), and (7) of section

14  627.744, Florida Statutes, are amended to read:

15         627.744  Required preinsurance inspection of private

16  passenger motor vehicles.--

17         (2)  This section does not apply:

18         (a)  To a policy for a policyholder who has been

19  insured for 2 years or longer, without interruption, under a

20  private passenger motor vehicle policy which provides physical

21  damage coverage, if the agent of the insurer verifies the

22  previous coverage.

23         (b)  To a new, unused motor vehicle purchased from a

24  licensed motor vehicle dealer or leasing company, if the

25  insurer is provided with:

26         1.  A bill of sale or buyer's order which contains a

27  full description of the motor vehicle, including all options

28  and accessories; or

29         2.  A copy of the title which establishes transfer of

30  ownership from the dealer or leasing company to the customer

31  and a copy of the window sticker or the dealer invoice showing


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    Florida Senate - 2004                                  SB 1384

 1  the itemized options and equipment and the total retail price

 2  of the vehicle.


 4  For the purposes of this paragraph, the physical damage

 5  coverage on the motor vehicle may not be suspended during the

 6  term of the policy due to the applicant's failure to provide

 7  the required documents.  However, payment of a claim is

 8  conditioned upon the receipt by the insurer of the required

 9  documents, and no physical damage loss occurring after the

10  effective date of the coverage is payable until the documents

11  are provided to the insurer.

12         (c)  To a temporary substitute motor vehicle.

13         (d)  To a motor vehicle which is leased for less than 6

14  months, if the insurer receives the lease or rental agreement

15  containing a description of the leased motor vehicle,

16  including its condition.  Payment of a physical damage claim

17  is conditioned upon receipt of the lease or rental agreement.

18         (e)  To a vehicle that is 10 years old or older, as

19  determined by reference to the model year.

20         (f)  To any renewal policy.

21         (g)  To a motor vehicle policy issued in a county with

22  a 1988 estimated population of less than 500,000.

23         (g)(h)  To any other vehicle or policy exempted by rule

24  of the commission.  The commission may base a rule under this

25  paragraph only on a determination that the likelihood of a

26  fraudulent physical damage claim is remote or that the

27  inspection would cause a serious hardship to the insurer or

28  the applicant.

29         (h)(i)  When the insurer's authorized inspection

30  service has no inspection facility either in the municipality



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    Florida Senate - 2004                                  SB 1384

 1  in which the automobile is principally garaged or within 10

 2  miles of such municipality.

 3         (i)(j)  When the insured vehicle is insured under a

 4  commercially rated policy that insures five or more vehicles.

 5         (j)(k)  When an insurance producer is transferring a

 6  book of business from one insurer to another.

 7         (k)(l)  When an individual insured's coverage is being

 8  transferred and initiated by a producer to a new insurer.

 9         (5)  The inspection shall include at least the

10  following:

11         (a)  Taking a physical imprint of the vehicle

12  identification number of the vehicle or otherwise recording

13  the vehicle identification number in a manner prescribed by

14  the commission.

15         (a)(b)  Recording the presence of accessories required

16  by the commission to be recorded.

17         (b)(c)  Recording the locations of and a description of

18  existing damage to the vehicle.

19         (c)  Taking two digital color images at oblique angles,

20  clearly showing all four sides of the vehicle and any

21  observable prior damage, and taking one digital color image of

22  the vehicle identification number. The term "digital color

23  image" means any acceptable technology producing a clear

24  visual image in color, including, but not limited to, a

25  photograph or other digital imaging process that may be

26  accessed, stored, and retrieved via the Internet.

27         (7)  The commission may, by rule, establish such

28  procedures and notice requirements that it finds necessary to

29  administer the preinsurance inspection of motor vehicles

30  implement this section.

31         Section 2.  This act shall take effect July 1, 2004.


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    Florida Senate - 2004                                  SB 1384

 1            *****************************************

 2                          SENATE SUMMARY

 3    Revises provisions related to required preinsurance
      inspections of private passenger motor vehicles. Deletes
 4    an imprint requirement and adds provisions requiring that
      digital images be made of such vehicles.




























CODING: Words stricken are deletions; words underlined are additions.

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