SB 762 — Permissible Insurance Acts

Florida Senate - 2018 CS for CS for SB 762 By the CommitteeCommittees on BankingCommerce and Insurance;Tourism;

and SenatorBanking Mayfieldand 597-02381-18Insurance; 2018762c1 A bill to be entitled An act relating to permissible insurance acts;

and Senator Mayfield 577-02891-18 2018762c2 A bill to be entitled An act relating to permissible insurance acts;

authorizing licensed insurers and their agents to offer complimentary, or discounted rates on, certain funeral-related services in conjunction with the sale of a group life or health insurance policy;

specifying a requirement for, and a limitation on, the providers of such services;

providing construction;

2115 Be It Enacted by the Legislature of the State of Florida:

2317 Section 1. Paragraphs1. Paragraph (m) and (t) of subsection (1) of section 626.9541, Florida Statutes, areis amended to read:

(t) Certain life insurance relations as to with funeral directors, funeral services, and grief counseling prohibited.— 1. A No life insurer may not shall permit any funeral director or direct disposer to act as its representative, adjuster, claim agent, special claim agent, or agent for such insurer in soliciting, negotiating, or effecting contracts of life insurance on any plan or of any nature issued by such insurer or in collecting premiums for holders of any such contracts except as prescribed in s.

626.785(3).

2. A No life insurer may not shall:

a. Affix, or permit to be affixed, advertising matter of any kind or character of any licensed funeral director or direct disposer to such policies of insurance.

b. Circulate, or permit to be circulated, any such advertising matter with such insurance policies.

c. Attempt in any manner or form to influence policyholders of the insurer to employ the services of any particular licensed funeral director or direct disposer.

3. No Such an insurer may not shall maintain, or permit its agent to maintain, an office or place of business in the office, establishment, or place of business of any funeral director or direct disposer in this state.

4. A licensed insurer or its agent may offer, in conjunction with the sale of a group life or health insurance policy, complimentary grief counseling or funeral planning services, or discounted rates on funeral services offered by a third party provider.

Funeral planning services or funeral services must be rendered by persons licensed under chapter 497 or licensed under the applicable laws in another jurisdiction in which the funeral provider is located.

The contact to such funeral providers must be initiated by the beneficiaries or family members of the group policy insured and not by the funeral provider.

All such offerings under this paragraph are not an advertisement, designation, direction, rebate, or inducement as described in this section.