TALLAHASSEE — A state Senate panel has approved a measure that would end “discrimination” against gun owners.
The bill (SB 424) would essentially cut the legs out from under insurance companies that factor gun ownership into the cost of a policy. The bill would not allow insurance companies to divulge gun ownership to a third-party underwriter without consent from the applicant or the insured.
The Senate Banking and Insurance Committee voted 9-1 to move the measure forward.
The bill sponsor, state Sen. Tom Lee, R-Brandon, said the policy is necessary and the issue was brought to his attention last year. He said until recently Citizens Property Insurance Corporation’s underwriting criteria included questions about gun ownership.
“There have been policies canceled … in the state of Florida or not issued to applicants because … they were exercising their Second Amendment (right) to lawfully own a gun,” Lee said.
The NRA-supported legislation would expand “unfair discrimination” to include refusing to issue, reissue or renew a policy due to gun ownership. Canceling or charging an excessively high rate also would be deemed discriminatory.
The bill’s only opposition came from state Sen. Gwen Margolis, D-Miami, who offered harsh criticism. She said gun ownership, without a doubt, translates into greater liability, particularly if weapons aren’t stored properly and children are in the home. She said having a firearm can lead to “all kinds of problems.”
“I don’t know what we’re doing with this,” she said. “This is absurd.”
Lee said the bill won’t formally tell insurance companies not to overcharge, but will take away the means by which they could overcharge. He said insurance rates are set by actuarial data showing risk; absent that data, the companies could not penalize Floridians for gun ownership.
The former Senate president drew a comparison between having a firearm and a trampoline. He said a trampoline is a privilege and insurance companies can charge a higher rate if data show are accidents more likely, whereas gun ownership is a right and residents should not be penalized for exercising it.
“They’re sort of different, and therefore, they’re treated differently,” Lee said.
The bill would apply only to personal property and personal automobile policies.
NRA-lobbyist Marion Hammer also supported the legislation.
“This bill will stop some wrongdoing, and insurance companies who don’t discriminate don’t have to worry about a bill that says, ‘You can’t discriminate,’ ” she said.
The bill has two more committee stops in the Senate before heading to the floor.
House companion legislation (HB 255), sponsored by state Rep. Matt Gaetz, R-Fort Walton Beach, has yet to get a hearing.