Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 150
       
       
       
       
       
       
                                Ì543534&Î543534                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/10/2018           .                                
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       The Committee on Banking and Insurance (Lee) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Sections 627.730, 627.731, 627.7311, 627.732,
    6  627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,
    7  and 627.7405, Florida Statutes, which comprise the Florida Motor
    8  Vehicle No-Fault Law, are repealed.
    9         Section 2. Section 627.7407, Florida Statutes, is repealed.
   10         Section 3. Subsection (1) of section 316.646, Florida
   11  Statutes, is amended to read:
   12         316.646 Security required; proof of security and display
   13  thereof.—
   14         (1) An owner of a motor vehicle required to be registered
   15  in this state and an operator of a motor vehicle licensed in
   16  this state Any person required by s. 324.022 to maintain
   17  property damage liability security, required by s. 324.023 to
   18  maintain liability security for bodily injury or death, or
   19  required by s. 627.733 to maintain personal injury protection
   20  security on a motor vehicle shall have in his or her immediate
   21  possession at all times while operating such motor vehicle
   22  proper proof of maintenance of the required security required
   23  under s. 324.021(7).
   24         (a) Such proof must shall be in a uniform paper or
   25  electronic format, as prescribed by the department, a valid
   26  insurance policy, an insurance policy binder, a certificate of
   27  insurance, or such other proof as may be prescribed by the
   28  department.
   29         (b)1. The act of presenting to a law enforcement officer an
   30  electronic device displaying proof of insurance in an electronic
   31  format does not constitute consent for the officer to access any
   32  information on the device other than the displayed proof of
   33  insurance.
   34         2. The person who presents the device to the officer
   35  assumes the liability for any resulting damage to the device.
   36         Section 4. Paragraph (b) of subsection (2) of section
   37  318.18, Florida Statutes, is amended to read:
   38         318.18 Amount of penalties.—The penalties required for a
   39  noncriminal disposition pursuant to s. 318.14 or a criminal
   40  offense listed in s. 318.17 are as follows:
   41         (2) Thirty dollars for all nonmoving traffic violations
   42  and:
   43         (b) For all violations of ss. 320.0605, 320.07(1), 322.065,
   44  and 322.15(1). A Any person who is cited for a violation of s.
   45  320.07(1) shall be charged a delinquent fee pursuant to s.
   46  320.07(4).
   47         1. If a person who is cited for a violation of s. 320.0605
   48  or s. 320.07 can show proof of having a valid registration at
   49  the time of arrest, the clerk of the court may dismiss the case
   50  and may assess a dismissal fee of up to $10. A person who finds
   51  it impossible or impractical to obtain a valid registration
   52  certificate must submit an affidavit detailing the reasons for
   53  the impossibility or impracticality. The reasons may include,
   54  but are not limited to, the fact that the vehicle was sold,
   55  stolen, or destroyed; that the state in which the vehicle is
   56  registered does not issue a certificate of registration; or that
   57  the vehicle is owned by another person.
   58         2. If a person who is cited for a violation of s. 322.03,
   59  s. 322.065, or s. 322.15 can show a driver license issued to him
   60  or her and valid at the time of arrest, the clerk of the court
   61  may dismiss the case and may assess a dismissal fee of up to
   62  $10.
   63         3. If a person who is cited for a violation of s. 316.646
   64  can show proof of security as required by s. 324.021(7) s.
   65  627.733, issued to the person and valid at the time of arrest,
   66  the clerk of the court may dismiss the case and may assess a
   67  dismissal fee of up to $10. A person who finds it impossible or
   68  impractical to obtain proof of security must submit an affidavit
   69  detailing the reasons for the impracticality. The reasons may
   70  include, but are not limited to, the fact that the vehicle has
   71  since been sold, stolen, or destroyed; that the owner or
   72  registrant of the vehicle is not required by s. 627.733 to
   73  maintain personal injury protection insurance; or that the
   74  vehicle is owned by another person.
   75         Section 5. Paragraphs (a) and (d) of subsection (5) of
   76  section 320.02, Florida Statutes, are amended to read:
   77         320.02 Registration required; application for registration;
   78  forms.—
   79         (5)(a) Proof that bodily injury liability coverage and
   80  property damage liability coverage personal injury protection
   81  benefits have been purchased if required under s. 324.022, s.
   82  324.032, or s. 627.742, that medical payments coverage has been
   83  purchased if required under s. 627.7265 s. 627.733, that
   84  property damage liability coverage has been purchased as
   85  required under s. 324.022, that bodily injury liability or death
   86  coverage has been purchased if required under s. 324.023, and
   87  that combined bodily liability insurance and property damage
   88  liability insurance have been purchased if required under s.
   89  627.7415 must shall be provided in the manner prescribed by law
   90  by the applicant at the time of application for registration of
   91  any motor vehicle that is subject to such requirements. The
   92  issuing agent may not shall refuse to issue registration if such
   93  proof of purchase is not provided. Insurers shall furnish
   94  uniform proof-of-purchase cards in a paper or electronic format
   95  in a form prescribed by the department and include the name of
   96  the insured’s insurance company, the coverage identification
   97  number, and the make, year, and vehicle identification number of
   98  the vehicle insured. The card must contain a statement notifying
   99  the applicant of the penalty specified under s. 316.646(4). The
  100  card or insurance policy, insurance policy binder, or
  101  certificate of insurance or a photocopy of any of these; an
  102  affidavit containing the name of the insured’s insurance
  103  company, the insured’s policy number, and the make and year of
  104  the vehicle insured; or such other proof as may be prescribed by
  105  the department constitutes shall constitute sufficient proof of
  106  purchase. If an affidavit is provided as proof, it must be in
  107  substantially the following form:
  108  
  109  Under penalty of perjury, I ...(Name of insured)... do hereby
  110  certify that I have ...(bodily injury liability and Personal
  111  Injury Protection, property damage liability coverage, and
  112  medical payments coverage, and, if required, Bodily Injury
  113  Liability)... Insurance currently in effect with ...(Name of
  114  insurance company)... under ...(policy number)... covering
  115  ...(make, year, and vehicle identification number of
  116  vehicle).... ...(Signature of Insured)...
  117  
  118  Such affidavit must include the following warning:
  119  
  120  WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
  121  REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
  122  LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
  123  SUBJECT TO PROSECUTION.
  124  
  125  If an application is made through a licensed motor vehicle
  126  dealer as required under s. 319.23, the original or a photocopy
  127  photostatic copy of such card, insurance policy, insurance
  128  policy binder, or certificate of insurance or the original
  129  affidavit from the insured must shall be forwarded by the dealer
  130  to the tax collector of the county or the Department of Highway
  131  Safety and Motor Vehicles for processing. By executing the
  132  aforesaid affidavit, a no licensed motor vehicle dealer is not
  133  will be liable in damages for any inadequacy, insufficiency, or
  134  falsification of any statement contained therein. A card must
  135  also indicate the existence of any bodily injury liability
  136  insurance voluntarily purchased.
  137         (d) The verifying of proof of personal injury protection
  138  insurance, proof of property damage liability insurance, proof
  139  of combined bodily liability insurance and property damage
  140  liability insurance, or proof of financial responsibility
  141  insurance and the issuance or failure to issue the motor vehicle
  142  registration under the provisions of this chapter may not be
  143  construed in any court as a warranty of the reliability or
  144  accuracy of the evidence of such proof, or that the provisions
  145  of any insurance policy furnished as proof of financial
  146  responsibility comply with state law. Neither The department or
  147  nor any tax collector is not liable in damages for any
  148  inadequacy, insufficiency, falsification, or unauthorized
  149  modification of any item of the proof of personal injury
  150  protection insurance, proof of property damage liability
  151  insurance, proof of combined bodily liability insurance and
  152  property damage liability insurance, or proof of financial
  153  responsibility before insurance prior to, during, or subsequent
  154  to the verification of the proof. The issuance of a motor
  155  vehicle registration does not constitute prima facie evidence or
  156  a presumption of insurance coverage.
  157         Section 6. Paragraph (b) of subsection (1) of section
  158  320.0609, Florida Statutes, is amended to read:
  159         320.0609 Transfer and exchange of registration license
  160  plates; transfer fee.—
  161         (1)
  162         (b) The transfer of a license plate from a vehicle disposed
  163  of to a newly acquired vehicle does not constitute a new
  164  registration. The application for transfer shall be accepted
  165  without requiring proof of personal injury protection or
  166  liability insurance.
  167         Section 7. Paragraph (g) is added to subsection (1) of
  168  section 320.27, Florida Statutes, and subsection (3) of that
  169  section is amended, to read:
  170         320.27 Motor vehicle dealers.—
  171         (1) DEFINITIONS.—The following words, terms, and phrases
  172  when used in this section have the meanings respectively
  173  ascribed to them in this subsection, except where the context
  174  clearly indicates a different meaning:
  175         (g)“Garage liability insurance” means combined single
  176  limit liability coverage, including property damage and bodily
  177  injury liability coverage, in the amount of:
  178         1. Beginning January 1, 2019, and continuing through
  179  December 31, 2020, at least $50,000.
  180         2. Beginning January 1, 2021, and continuing through
  181  December 31, 2022, at least $60,000.
  182         3. Beginning January 1, 2023 and thereafter, at least
  183  $70,000.
  184         (3) APPLICATION AND FEE.—The application for the license
  185  application must shall be in such form as may be prescribed by
  186  the department and is shall be subject to such rules with
  187  respect thereto as may be so prescribed by the department it.
  188  Such application must shall be verified by oath or affirmation
  189  and must shall contain a full statement of the name and birth
  190  date of the person or persons applying for the license therefor;
  191  the name of the firm or copartnership, with the names and places
  192  of residence of all members thereof, if such applicant is a firm
  193  or copartnership; the names and places of residence of the
  194  principal officers, if the applicant is a body corporate or
  195  other artificial body; the name of the state under whose laws
  196  the corporation is organized; the present and former place or
  197  places of residence of the applicant; and the prior business in
  198  which the applicant has been engaged and its the location
  199  thereof. The Such application must shall describe the exact
  200  location of the place of business and must shall state whether
  201  the place of business is owned by the applicant and when
  202  acquired, or, if leased, a true copy of the lease must shall be
  203  attached to the application. The applicant shall certify that
  204  the location provides an adequately equipped office and is not a
  205  residence; that the location affords sufficient unoccupied space
  206  upon and within which adequately to store all motor vehicles
  207  offered and displayed for sale; and that the location is a
  208  suitable place where the applicant can in good faith carry on
  209  such business and keep and maintain books, records, and files
  210  necessary to conduct such business, which must shall be
  211  available at all reasonable hours to inspection by the
  212  department or any of its inspectors or other employees. The
  213  applicant shall certify that the business of a motor vehicle
  214  dealer is the principal business that will which shall be
  215  conducted at that location. The application must shall contain a
  216  statement that the applicant is either franchised by a
  217  manufacturer of motor vehicles, in which case the name of each
  218  motor vehicle that the applicant is franchised to sell must
  219  shall be included, or an independent (nonfranchised) motor
  220  vehicle dealer. The application must shall contain other
  221  relevant information as may be required by the department. The
  222  applicant must furnish, including evidence, in a form approved
  223  by the department, that the applicant is insured under a garage
  224  liability insurance policy or a general liability insurance
  225  policy coupled with a business automobile policy having the
  226  garage liability insurance coverage required by this subsection,
  227  which shall include, at a minimum, $25,000 combined single-limit
  228  liability coverage including bodily injury and property damage
  229  protection and $10,000 personal injury protection. However, a
  230  salvage motor vehicle dealer as defined in subparagraph (1)(c)5.
  231  is exempt from the requirements for garage liability insurance
  232  and medical payments coverage insurance and personal injury
  233  protection insurance on those vehicles that cannot be legally
  234  operated on roads, highways, or streets in this state. Franchise
  235  dealers must submit a garage liability insurance policy, and all
  236  other dealers must submit a garage liability insurance policy or
  237  a general liability insurance policy coupled with a business
  238  automobile policy. Such policy must shall be for the license
  239  period, and evidence of a new or continued policy must shall be
  240  delivered to the department at the beginning of each license
  241  period. Upon making an initial application, the applicant shall
  242  pay to the department a fee of $300 in addition to any other
  243  fees required by law. Applicants may choose to extend the
  244  licensure period for 1 additional year for a total of 2 years.
  245  An initial applicant shall pay to the department a fee of $300
  246  for the first year and $75 for the second year, in addition to
  247  any other fees required by law. An applicant for renewal shall
  248  pay to the department $75 for a 1-year renewal or $150 for a 2
  249  year renewal, in addition to any other fees required by law.
  250  Upon making an application for a change of location, the
  251  applicant person shall pay a fee of $50 in addition to any other
  252  fees now required by law. The department shall, in the case of
  253  every application for initial licensure, verify whether certain
  254  facts set forth in the application are true. Each applicant,
  255  general partner in the case of a partnership, or corporate
  256  officer and director in the case of a corporate applicant shall,
  257  must file a set of fingerprints with the department for the
  258  purpose of determining any prior criminal record or any
  259  outstanding warrants. The department shall submit the
  260  fingerprints to the Department of Law Enforcement for state
  261  processing and forwarding to the Federal Bureau of Investigation
  262  for federal processing. The actual cost of state and federal
  263  processing must shall be borne by the applicant and is in
  264  addition to the fee for licensure. The department may issue a
  265  license to an applicant pending the results of the fingerprint
  266  investigation, which license is fully revocable if the
  267  department subsequently determines that any facts set forth in
  268  the application are not true or correctly represented.
  269         Section 8. Paragraph (j) of subsection (3) of section
  270  320.771, Florida Statutes, is amended to read:
  271         320.771 License required of recreational vehicle dealers.—
  272         (3) APPLICATION.—The application for such license shall be
  273  in the form prescribed by the department and subject to such
  274  rules as may be prescribed by it. The application shall be
  275  verified by oath or affirmation and shall contain:
  276         (j) A statement that the applicant is insured under a
  277  garage liability insurance policy in accordance with s.
  278  320.27(1)(g), which shall include, at a minimum, $25,000
  279  combined single-limit liability coverage, including bodily
  280  injury and property damage protection, and $10,000 personal
  281  injury protection, if the applicant is to be licensed as a
  282  dealer in, or intends to sell, recreational vehicles.
  283  
  284  The department shall, if it deems necessary, cause an
  285  investigation to be made to ascertain if the facts set forth in
  286  the application are true and shall not issue a license to the
  287  applicant until it is satisfied that the facts set forth in the
  288  application are true.
  289         Section 9. Subsections (1) and (2) of section 322.251,
  290  Florida Statutes, are amended to read:
  291         322.251 Notice of cancellation, suspension, revocation, or
  292  disqualification of license.—
  293         (1) All orders of cancellation, suspension, revocation, or
  294  disqualification issued under the provisions of this chapter,
  295  chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall
  296  be given either by personal delivery thereof to the licensee
  297  whose license is being canceled, suspended, revoked, or
  298  disqualified or by deposit in the United States mail in an
  299  envelope, first class, postage prepaid, addressed to the
  300  licensee at his or her last known mailing address furnished to
  301  the department. Such mailing by the department constitutes
  302  notification, and any failure by the person to receive the
  303  mailed order will not affect or stay the effective date or term
  304  of the cancellation, suspension, revocation, or disqualification
  305  of the licensee’s driving privilege.
  306         (2) The giving of notice and an order of cancellation,
  307  suspension, revocation, or disqualification by mail is complete
  308  upon expiration of 20 days after deposit in the United States
  309  mail for all notices except those issued under chapter 324 or
  310  ss. 627.732–627.734, which are complete 15 days after deposit in
  311  the United States mail. Proof of the giving of notice and an
  312  order of cancellation, suspension, revocation, or
  313  disqualification in either manner must shall be made by entry in
  314  the records of the department that such notice was given. The
  315  entry is admissible in the courts of this state and constitutes
  316  sufficient proof that such notice was given.
  317         Section 10. Paragraph (a) of subsection (8) of section
  318  322.34, Florida Statutes, is amended to read:
  319         322.34 Driving while license suspended, revoked, canceled,
  320  or disqualified.—
  321         (8)(a) Upon the arrest of a person for the offense of
  322  driving while the person’s driver license or driving privilege
  323  is suspended or revoked, the arresting officer shall determine:
  324         1. Whether the person’s driver license is suspended or
  325  revoked.
  326         2. Whether the person’s driver license has remained
  327  suspended or revoked since a conviction for the offense of
  328  driving with a suspended or revoked license.
  329         3. Whether the suspension or revocation was made under s.
  330  316.646 or s. 627.733, relating to failure to maintain required
  331  security, or under s. 322.264, relating to habitual traffic
  332  offenders.
  333         4. Whether the driver is the registered owner or coowner of
  334  the vehicle.
  335         Section 11. Section 324.011, Florida Statutes, is amended
  336  to read:
  337         324.011 Legislative intent and purpose of chapter.—It is
  338  the Legislature’s intent of this chapter to ensure that the
  339  privilege of owning or operating a motor vehicle in this state
  340  be exercised recognize the existing privilege to own or operate
  341  a motor vehicle on the public streets and highways of this state
  342  when such vehicles are used with due consideration for others’
  343  safety others and their property, and to promote safety, and to
  344  provide financial security requirements for such owners and or
  345  operators whose responsibility it is to recompense others for
  346  injury to person or property caused by the operation of a motor
  347  vehicle. Therefore, this chapter requires that owners and
  348  operators of motor vehicles establish, maintain, and it is
  349  required herein that the operator of a motor vehicle involved in
  350  a crash or convicted of certain traffic offenses meeting the
  351  operative provisions of s. 324.051(2) shall respond for such
  352  damages and show proof of financial ability to respond for
  353  damages arising out of the ownership, maintenance, or use of a
  354  motor vehicle in future accidents as a requisite to owning or
  355  operating a motor vehicle in this state his or her future
  356  exercise of such privileges.
  357         Section 12. Subsections (1) and (7) and paragraph (c) of
  358  subsection (9) of section 324.021, Florida Statutes, are
  359  amended, and subsection (12) is added to that section, to read:
  360         324.021 Definitions; minimum insurance required.—The
  361  following words and phrases when used in this chapter shall, for
  362  the purpose of this chapter, have the meanings respectively
  363  ascribed to them in this section, except in those instances
  364  where the context clearly indicates a different meaning:
  365         (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
  366  designed and required to be licensed for use upon a highway,
  367  including trailers and semitrailers designed for use with such
  368  vehicles, except traction engines, road rollers, farm tractors,
  369  power shovels, and well drillers, and every vehicle that is
  370  propelled by electric power obtained from overhead wires but not
  371  operated upon rails, but not including any personal delivery
  372  device as defined in s. 316.003, bicycle, or moped. However, the
  373  term “motor vehicle” does not include a motor vehicle as defined
  374  in s. 627.732(3) when the owner of such vehicle has complied
  375  with the requirements of ss. 627.730-627.7405, inclusive, unless
  376  the provisions of s. 324.051 apply; and, in such case, the
  377  applicable proof of insurance provisions of s. 320.02 apply.
  378         (7) PROOF OF FINANCIAL RESPONSIBILITY.—That Proof of
  379  ability to respond in damages for liability on account of
  380  crashes arising out of the ownership, maintenance, or use of a
  381  motor vehicle:
  382         (a) With respect to a motor vehicle that is not a
  383  commercial motor vehicle, nonpublic sector bus, or for-hire
  384  passenger transportation vehicle:
  385         1.Beginning January 1, 2019, and continuing through
  386  December 31, 2020, in the amount of:
  387         a.Twenty thousand dollars for $10,000 because of bodily
  388  injury to, or the death of, one person in any one crash and,;
  389         (b) subject to such limits for one person, in the amount of
  390  $40,000 for $20,000 because of bodily injury to, or the death
  391  of, two or more persons in any one crash; and
  392         b.Ten thousand dollars for damage to, or destruction of,
  393  property of others in any one crash.
  394         2.Beginning January 1, 2021, and continuing through
  395  December 31, 2022, in the amount of:
  396         a. Twenty-five thousand dollars for bodily injury to, or
  397  the death of, one person in any one crash and, subject to such
  398  limits for one person, in the amount of $50,000 for bodily
  399  injury to, or the death of, two or more persons in any one
  400  crash; and
  401         b. Ten thousand dollars for damage to, or destruction of,
  402  property of others in any one crash.
  403         3. Beginning January 1, 2023, and continuing thereafter, in
  404  the amount of:
  405         a. Thirty thousand dollars for bodily injury to, or the
  406  death of, one person in any one crash and, subject to such
  407  limits for one person, in the amount of $60,000 for bodily
  408  injury to, or the death of, two or more persons in any one
  409  crash; and
  410         b.(c)Ten thousand dollars for damage In the amount of
  411  $10,000 because of injury to, or destruction of, property of
  412  others in any one crash.; and
  413         (b)(d) With respect to commercial motor vehicles and
  414  nonpublic sector buses, in the amounts specified in s. 627.7415
  415  ss. 627.7415 and 627.742, respectively.
  416         (c) With respect to nonpublic sector buses, in the amounts
  417  specified in s. 627.742.
  418         (d) With respect to for-hire passenger transportation
  419  vehicles, in the amounts specified in s. 324.032.
  420         (9) OWNER; OWNER/LESSOR.—
  421         (c) Application.—
  422         1. The limits on liability in subparagraphs (b)2. and 3. do
  423  not apply to an owner of motor vehicles that are used for
  424  commercial activity in the owner’s ordinary course of business,
  425  other than a rental company that rents or leases motor vehicles.
  426  For purposes of this paragraph, the term “rental company”
  427  includes only an entity that is engaged in the business of
  428  renting or leasing motor vehicles to the general public and that
  429  rents or leases a majority of its motor vehicles to persons with
  430  no direct or indirect affiliation with the rental company. The
  431  term also includes a motor vehicle dealer that provides
  432  temporary replacement vehicles to its customers for up to 10
  433  days. The term “rental company” also includes:
  434         a. A related rental or leasing company that is a subsidiary
  435  of the same parent company as that of the renting or leasing
  436  company that rented or leased the vehicle.
  437         b. The holder of a motor vehicle title or an equity
  438  interest in a motor vehicle title if the title or equity
  439  interest is held pursuant to or to facilitate an asset-backed
  440  securitization of a fleet of motor vehicles used solely in the
  441  business of renting or leasing motor vehicles to the general
  442  public and under the dominion and control of a rental company,
  443  as described in this subparagraph, in the operation of such
  444  rental company’s business.
  445         2. Furthermore, with respect to commercial motor vehicles
  446  as defined in s. 207.002 or s. 320.01 s. 627.732, the limits on
  447  liability in subparagraphs (b)2. and 3. do not apply if, at the
  448  time of the incident, the commercial motor vehicle is being used
  449  in the transportation of materials found to be hazardous for the
  450  purposes of the Hazardous Materials Transportation Authorization
  451  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is
  452  required pursuant to such act to carry placards warning others
  453  of the hazardous cargo, unless at the time of lease or rental
  454  either:
  455         a. The lessee indicates in writing that the vehicle will
  456  not be used to transport materials found to be hazardous for the
  457  purposes of the Hazardous Materials Transportation Authorization
  458  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
  459         b. The lessee or other operator of the commercial motor
  460  vehicle has in effect insurance with limits of at least $5
  461  million $5,000,000 combined property damage and bodily injury
  462  liability.
  463         (12) FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.Every “for
  464  hire vehicle” as defined in s. 320.01(15) which is offered or
  465  used to provide transportation for persons, including taxicabs,
  466  limousines, and jitneys.
  467         Section 13. Section 324.022, Florida Statutes, is amended
  468  to read:
  469         324.022 Financial responsibility requirements for property
  470  damage.—
  471         (1)(a) Every owner or operator of a motor vehicle required
  472  to be registered in this state shall establish and continuously
  473  maintain the ability to respond in damages for liability on
  474  account of accidents arising out of the use of the motor vehicle
  475  in the amount of:
  476         1. Beginning January 1, 2019, and continuing through
  477  December 31, 2020:
  478         a.Twenty thousand dollars for bodily injury to, or the
  479  death of, one person in any one crash and, subject to such
  480  limits for one person, in the amount of $40,000 for bodily
  481  injury to, or the death of, two or more persons in any one
  482  crash; and
  483         b. Ten thousand dollars for damage to, or destruction of,
  484  property of others in any one crash.
  485         2. Beginning January 1, 2021, and continuing through
  486  December 31, 2022:
  487         a.Twenty-five thousand dollars for bodily injury to, or
  488  the death of, one person in any one crash and, subject to such
  489  limits for one person, in the amount of $50,000 for bodily
  490  injury to, or the death of, two or more persons in any one
  491  crash; and
  492         b. Ten thousand dollars for damage to, or destruction of,
  493  property of others in any one crash.
  494         3. Beginning January 1, 2023, and continuing thereafter:
  495         a.Thirty thousand dollars for bodily injury to, or the
  496  death of, one person in any one crash and, subject to such
  497  limits for one person, in the amount of $60,000 for bodily
  498  injury to, or the death of, two or more persons in any one
  499  crash; and
  500         b. Ten thousand dollars for $10,000 because of damage to,
  501  or destruction of, property of others in any one crash.
  502         (b) The requirements of paragraph (a) this section may be
  503  met by one of the methods established in s. 324.031; by self
  504  insuring as authorized by s. 768.28(16); or by maintaining
  505  medical payments coverage under s. 627.7265 and a motor vehicle
  506  liability insurance policy that an insurance policy providing
  507  coverage for property damage liability in the amount of at least
  508  $10,000 because of damage to, or destruction of, property of
  509  others in any one accident arising out of the use of the motor
  510  vehicle. The requirements of this section may also be met by
  511  having a policy which provides combined property damage
  512  liability and bodily injury liability coverage for any one crash
  513  arising out of the ownership, maintenance, or use of a motor
  514  vehicle which conforms to the requirements of s. 324.151 in the
  515  amount of:
  516         1. At least $50,000 for every owner and operator subject to
  517  the financial responsibility required in subparagraph (1)(a)1.
  518         2. At least $60,000 for every owner and operator subject to
  519  the financial responsibility required in subparagraph (1)(a)2.
  520         3. At least $70,000 for every owner and operator subject to
  521  the financial responsibility required in subparagraph (1)(a)3.
  522  $30,000 for combined property damage liability and bodily injury
  523  liability for any one crash arising out of the use of the motor
  524  vehicle. The policy, with respect to coverage for property
  525  damage liability, must meet the applicable requirements of s.
  526  324.151, subject to the usual policy exclusions that have been
  527  approved in policy forms by the Office of Insurance Regulation.
  528  No insurer shall have any duty to defend uncovered claims
  529  irrespective of their joinder with covered claims.
  530         (2) As used in this section, the term:
  531         (a) “Motor vehicle” means any self-propelled vehicle that
  532  has four or more wheels and that is of a type designed and
  533  required to be licensed for use on the highways of this state,
  534  and any trailer or semitrailer designed for use with such
  535  vehicle. The term does not include the following:
  536         1. A mobile home as defined in s. 320.01.
  537         2. A motor vehicle that is used in mass transit and
  538  designed to transport more than five passengers, exclusive of
  539  the operator of the motor vehicle, and that is owned by a
  540  municipality, transit authority, or political subdivision of the
  541  state.
  542         3. A school bus as defined in s. 1006.25, which shall
  543  maintain security as required under s. 316.615.
  544         4. A commercial motor vehicle as defined in s. 207.002 or
  545  s. 320.01, which shall maintain security as required under ss.
  546  324.031 and 627.7415.
  547         5. A nonpublic sector bus, which shall maintain security as
  548  required under ss. 324.031 and 627.742.
  549         6.4. A vehicle providing for-hire passenger transportation
  550  vehicle, which that is subject to the provisions of s. 324.031.
  551  A taxicab shall maintain security as required under s. 324.032
  552  s. 324.032(1).
  553         7.5. A personal delivery device as defined in s. 316.003.
  554         (b) “Owner” means the person who holds legal title to a
  555  motor vehicle or the debtor or lessee who has the right to
  556  possession of a motor vehicle that is the subject of a security
  557  agreement or lease with an option to purchase.
  558         (3) Each nonresident owner or registrant of a motor vehicle
  559  that, whether operated or not, has been physically present
  560  within this state for more than 90 days during the preceding 365
  561  days shall maintain security as required by subsection (1). The
  562  security must be that is in effect continuously throughout the
  563  period the motor vehicle remains within this state.
  564         (4) An The owner or registrant of a motor vehicle who is
  565  exempt from the requirements of this section if she or he is a
  566  member of the United States Armed Forces and is called to or on
  567  active duty outside the United States in an emergency situation
  568  is exempt from this section while he or she. The exemption
  569  provided by this subsection applies only as long as the member
  570  of the Armed Forces is on such active duty. This exemption
  571  outside the United States and applies only while the vehicle
  572  covered by the security is not operated by any person. Upon
  573  receipt of a written request by the insured to whom the
  574  exemption provided in this subsection applies, the insurer shall
  575  cancel the coverages and return any unearned premium or suspend
  576  the security required by this section. Notwithstanding s.
  577  324.0221(2) s. 324.0221(3), the department may not suspend the
  578  registration or operator’s license of an any owner or registrant
  579  of a motor vehicle during the time she or he qualifies for the
  580  an exemption under this subsection. An Any owner or registrant
  581  of a motor vehicle who qualifies for the an exemption under this
  582  subsection shall immediately notify the department before prior
  583  to and at the end of the expiration of the exemption.
  584         Section 14. Subsections (1) and (2) of section 324.0221,
  585  Florida Statutes, are amended to read:
  586         324.0221 Reports by insurers to the department; suspension
  587  of driver license and vehicle registrations; reinstatement.—
  588         (1)(a) Each insurer that has issued a policy providing
  589  medical payments coverage or personal injury protection coverage
  590  or property damage liability coverage shall report the
  591  cancellation or nonrenewal thereof to the department within 10
  592  days after the processing date or effective date of each
  593  cancellation or nonrenewal. Upon the issuance of a policy
  594  providing medical payments coverage or personal injury
  595  protection coverage or property damage liability coverage to a
  596  named insured not previously insured by the insurer during that
  597  calendar year, the insurer shall report the issuance of the new
  598  policy to the department within 10 days. The report must shall
  599  be in the form and format and contain any information required
  600  by the department and must be provided in a format that is
  601  compatible with the data processing capabilities of the
  602  department. Failure by an insurer to file proper reports with
  603  the department as required by this subsection constitutes a
  604  violation of the Florida Insurance Code. These records may shall
  605  be used by the department only for enforcement and regulatory
  606  purposes, including the generation by the department of data
  607  regarding compliance by owners of motor vehicles with the
  608  requirements for financial responsibility coverage.
  609         (b) With respect to an insurance policy providing medical
  610  payments coverage or personal injury protection coverage or
  611  property damage liability coverage, each insurer shall notify
  612  the named insured, or the first-named insured in the case of a
  613  commercial fleet policy, in writing that any cancellation or
  614  nonrenewal of the policy will be reported by the insurer to the
  615  department. The notice must also inform the named insured that
  616  failure to maintain medical payments coverage, bodily injury
  617  liability personal injury protection coverage, and property
  618  damage liability coverage on a motor vehicle when required by
  619  law may result in the loss of registration and driving
  620  privileges in this state and inform the named insured of the
  621  amount of the reinstatement fees required by this section. This
  622  notice is for informational purposes only, and an insurer is not
  623  civilly liable for failing to provide this notice.
  624         (2) The department shall suspend, after due notice and an
  625  opportunity to be heard, the registration and driver license of
  626  any owner or registrant of a motor vehicle for with respect to
  627  which security is required under s. 324.022, s. 324.032, s.
  628  627.7415, or s. 627.742 ss. 324.022 and 627.733 upon:
  629         (a) The department’s records showing that the owner or
  630  registrant of such motor vehicle did not have the in full force
  631  and effect when required security in full force and effect that
  632  complies with the requirements of ss. 324.022 and 627.733; or
  633         (b) Notification by the insurer to the department, in a
  634  form approved by the department, of cancellation or termination
  635  of the required security.
  636         Section 15. Section 324.023, Florida Statutes, is amended
  637  to read:
  638         324.023 Financial responsibility for bodily injury or
  639  death.—In addition to any other financial responsibility
  640  required by law, every owner or operator of a motor vehicle that
  641  is required to be registered in this state, or that is located
  642  within this state, and who, regardless of adjudication of guilt,
  643  has been found guilty of or entered a plea of guilty or nolo
  644  contendere to a charge of driving under the influence under s.
  645  316.193 after October 1, 2007, shall, by one of the methods
  646  established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2),
  647  establish and maintain the ability to respond in damages for
  648  liability on account of accidents arising out of the use of a
  649  motor vehicle in the amount of $100,000 because of bodily injury
  650  to, or death of, one person in any one crash and, subject to
  651  such limits for one person, in the amount of $300,000 because of
  652  bodily injury to, or death of, two or more persons in any one
  653  crash and in the amount of $50,000 because of property damage in
  654  any one crash. If the owner or operator chooses to establish and
  655  maintain such ability by furnishing a certificate of deposit
  656  pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of
  657  deposit must be at least $350,000. Such higher limits must be
  658  carried for a minimum period of 3 years. If the owner or
  659  operator has not been convicted of driving under the influence
  660  or a felony traffic offense for a period of 3 years from the
  661  date of reinstatement of driving privileges for a violation of
  662  s. 316.193, the owner or operator shall be exempt from this
  663  section.
  664         Section 16. Section 324.031, Florida Statutes, is amended
  665  to read:
  666         324.031 Manner of proving financial responsibility.—
  667         (1)The owner or operator of a taxicab, limousine, jitney,
  668  or any other for-hire passenger transportation vehicle may prove
  669  financial responsibility by providing satisfactory evidence of
  670  holding a motor vehicle liability policy as defined in s.
  671  324.021(8) or s. 324.151, which policy is issued by an insurance
  672  carrier which is a member of the Florida Insurance Guaranty
  673  Association. The operator or owner of a motor vehicle other than
  674  a for-hire passenger transportation vehicle any other vehicle
  675  may prove his or her financial responsibility by:
  676         (a)(1) Furnishing satisfactory evidence of holding a motor
  677  vehicle liability policy as defined in ss. 324.021(8) and
  678  324.151;
  679         (b)(2) Furnishing a certificate of self-insurance showing a
  680  deposit of cash in accordance with s. 324.161; or
  681         (c)(3) Furnishing a certificate of self-insurance issued by
  682  the department in accordance with s. 324.171.
  683         (2)(a) Any person, including any firm, partnership,
  684  association, corporation, or other person, other than a natural
  685  person, electing to use the method of proof specified in
  686  paragraph (1)(b) subsection (2) shall furnish a certificate of
  687  deposit equal to the number of vehicles owned times:
  688         1. Fifty thousand dollars, to a maximum of $200,000, from
  689  January 1, 2019, through December 31, 2020.
  690         2. Sixty thousand dollars, to a maximum of $240,000, from
  691  January 1, 2021, through December 31, 2022.
  692         3.Seventy thousand dollars, $30,000, to a maximum of
  693  $280,000, from January 1, 2023, and thereafter. $120,000;
  694         (b) In addition, any such person, other than a natural
  695  person, shall maintain insurance providing coverage conforming
  696  to the requirements of s. 324.151 in excess of the amount of the
  697  certificate of deposit, with limits of at least:
  698         1. One hundred twenty-five thousand dollars for bodily
  699  injury to, or the death of, one person in any one crash and,
  700  subject to such limits for one person, in the amount of $250,000
  701  for bodily injury to, or the death of, two or more persons in
  702  any one crash, and $50,000 for damage to, or destruction of,
  703  property of others in any one crash; or $10,000/20,000/10,000 or
  704  $30,000 combined single limits, and such excess insurance shall
  705  provide minimum limits of $125,000/250,000/50,000 or $300,000
  706  combined single limits. These increased limits shall not affect
  707  the requirements for proving financial responsibility under s.
  708  324.032(1).
  709         2. Three hundred thousand dollars for combined bodily
  710  injury liability and property damage liability for any one
  711  crash.
  712         Section 17. Section 324.032, Florida Statutes, is amended
  713  to read:
  714         324.032 Manner of proving Financial responsibility for;
  715  for-hire passenger transportation vehicles.—Notwithstanding the
  716  provisions of s. 324.031:
  717         (1) An owner or lessee of a for-hire passenger
  718  transportation vehicle that is required to be registered in this
  719  state shall establish and continuously maintain the ability to
  720  respond in damages for liability on account of accidents arising
  721  out of the ownership, maintenance, or use of the for-hire
  722  passenger transportation vehicle, in the amount of:
  723         (a) One hundred twenty-five thousand dollars for bodily
  724  injury to, or the death of, one person in any one crash and,
  725  subject to such limits for one person, in the amount of $250,000
  726  for bodily injury to, or the death of, two or more persons in
  727  any one crash; and A person who is either the owner or a lessee
  728  required to maintain insurance under s. 627.733(1)(b) and who
  729  operates one or more taxicabs, limousines, jitneys, or any other
  730  for-hire passenger transportation vehicles may prove financial
  731  responsibility by furnishing satisfactory evidence of holding a
  732  motor vehicle liability policy, but with minimum limits of
  733  $125,000/250,000/50,000.
  734         (b) Fifty thousand dollars for damage to, or destruction
  735  of, property of others in any one crash A person who is either
  736  the owner or a lessee required to maintain insurance under s.
  737  324.021(9)(b) and who operates limousines, jitneys, or any other
  738  for-hire passenger vehicles, other than taxicabs, may prove
  739  financial responsibility by furnishing satisfactory evidence of
  740  holding a motor vehicle liability policy as defined in s.
  741  324.031.
  742         (2)Except as provided in subsection (3), the requirements
  743  of this section must be met by the owner or lessee providing
  744  satisfactory evidence of holding a motor vehicle liability
  745  policy conforming to the requirements of s. 324.151 which is
  746  issued by an insurance carrier that is a member of the Florida
  747  Insurance Guaranty Association.
  748         (3)(2) An owner or a lessee who is required to maintain
  749  insurance under s. 324.021(9)(b) and who operates at least 300
  750  taxicabs, limousines, jitneys, or any other for-hire passenger
  751  transportation vehicles may provide financial responsibility by
  752  complying with the provisions of s. 324.171, such compliance to
  753  be demonstrated by maintaining at its principal place of
  754  business an audited financial statement, prepared in accordance
  755  with generally accepted accounting principles, and providing to
  756  the department a certification issued by a certified public
  757  accountant that the applicant’s net worth is at least equal to
  758  the requirements of s. 324.171 as determined by the Office of
  759  Insurance Regulation of the Financial Services Commission,
  760  including claims liabilities in an amount certified as adequate
  761  by a Fellow of the Casualty Actuarial Society.
  762  
  763  Upon request by the department, the applicant shall must provide
  764  the department at the applicant’s principal place of business in
  765  this state access to the applicant’s underlying financial
  766  information and financial statements that provide the basis of
  767  the certified public accountant’s certification. The applicant
  768  shall reimburse the requesting department for all reasonable
  769  costs incurred by it in reviewing the supporting information.
  770  The maximum amount of self-insurance permissible under this
  771  subsection is $300,000 and must be stated on a per-occurrence
  772  basis, and the applicant shall maintain adequate excess
  773  insurance issued by an authorized or eligible insurer licensed
  774  or approved by the Office of Insurance Regulation. All risks
  775  self-insured shall remain with the owner or lessee providing it,
  776  and the risks are not transferable to any other person, unless a
  777  policy complying with subsections (1) and (2) subsection (1) is
  778  obtained.
  779         Section 18. Paragraph (b) of subsection (2) of section
  780  324.051, Florida Statutes, is amended to read:
  781         324.051 Reports of crashes; suspensions of licenses and
  782  registrations.—
  783         (2)
  784         (b) This subsection does shall not apply:
  785         1. To such operator or owner if such operator or owner had
  786  in effect at the time of such crash or traffic conviction a
  787  motor vehicle an automobile liability policy with respect to all
  788  of the registered motor vehicles owned by such operator or
  789  owner.
  790         2. To such operator, if not the owner of such motor
  791  vehicle, if there was in effect at the time of such crash or
  792  traffic conviction a motor vehicle an automobile liability
  793  policy or bond with respect to his or her operation of motor
  794  vehicles not owned by him or her.
  795         3. To such operator or owner if the liability of such
  796  operator or owner for damages resulting from such crash is, in
  797  the judgment of the department, covered by any other form of
  798  liability insurance or bond.
  799         4. To any person who has obtained from the department a
  800  certificate of self-insurance, in accordance with s. 324.171, or
  801  to any person operating a motor vehicle for such self-insurer.
  802  
  803  No such policy or bond shall be effective under this subsection
  804  unless it contains limits of not less than those specified in s.
  805  324.021(7).
  806         Section 19. Section 324.071, Florida Statutes, is amended
  807  to read:
  808         324.071 Reinstatement; renewal of license; reinstatement
  809  fee.—An Any operator or owner whose license or registration has
  810  been suspended pursuant to s. 324.051(2), s. 324.072, s.
  811  324.081, or s. 324.121 may effect its reinstatement upon
  812  compliance with the provisions of s. 324.051(2)(a)3. or 4., or
  813  s. 324.081(2) and (3), as the case may be, and with one of the
  814  provisions of s. 324.031 and upon payment to the department of a
  815  nonrefundable reinstatement fee of $15. Only one such fee may
  816  shall be paid by any one person regardless irrespective of the
  817  number of licenses and registrations to be then reinstated or
  818  issued to such person. All Such fees must shall be deposited to
  819  a department trust fund. If When the reinstatement of any
  820  license or registration is effected by compliance with s.
  821  324.051(2)(a)3. or 4., the department may shall not renew the
  822  license or registration within a period of 3 years after from
  823  such reinstatement, nor may shall any other license or
  824  registration be issued in the name of such person, unless the
  825  operator continues is continuing to comply with one of the
  826  provisions of s. 324.031.
  827         Section 20. Subsection (1) of section 324.091, Florida
  828  Statutes, is amended to read:
  829         324.091 Notice to department; notice to insurer.—
  830         (1) Each owner and operator involved in a crash or
  831  conviction case within the purview of this chapter shall furnish
  832  evidence of automobile liability insurance or motor vehicle
  833  liability insurance within 14 days after the date of the mailing
  834  of notice of crash by the department in the form and manner as
  835  it may designate. Upon receipt of evidence that a an automobile
  836  liability policy or motor vehicle liability policy was in effect
  837  at the time of the crash or conviction case, the department
  838  shall forward to the insurer such information for verification
  839  in a method as determined by the department. The insurer shall
  840  respond to the department within 20 days after the notice as to
  841  whether or not such information is valid. If the department
  842  determines that a an automobile liability policy or motor
  843  vehicle liability policy was not in effect and did not provide
  844  coverage for both the owner and the operator, it must shall take
  845  action as it is authorized to do under this chapter.
  846         Section 21. Section 324.151, Florida Statutes, is amended
  847  to read:
  848         324.151 Motor vehicle liability policies; required
  849  provisions.—
  850         (1) A motor vehicle liability policy that serves as to be
  851  proof of financial responsibility under s. 324.031(1) must,
  852  shall be issued to owners or operators of motor vehicles under
  853  the following provisions:
  854         (a) A motor vehicle An owner’s liability insurance policy
  855  issued to an owner of a motor vehicle registered in this state
  856  must shall designate by explicit description or by appropriate
  857  reference all motor vehicles for with respect to which coverage
  858  is thereby granted. The policy must and shall insure the person
  859  or persons owner named therein and any other person as operator
  860  using such motor vehicle or motor vehicles with the express or
  861  implied permission of such owner against loss from the liability
  862  imposed by law for damage arising out of the ownership,
  863  maintenance, or use of any such motor vehicle or motor vehicles
  864  within the United States or the Dominion of Canada, subject to
  865  limits, exclusive of interest and costs with respect to each
  866  such motor vehicle as is provided for under s. 324.021(7).
  867  Insurers may make available, with respect to property damage
  868  liability coverage, a deductible amount not to exceed $500. In
  869  the event of a property damage loss covered by a policy
  870  containing a property damage deductible provision, the insurer
  871  shall pay to the third-party claimant the amount of any property
  872  damage liability settlement or judgment, subject to policy
  873  limits, as if no deductible existed.
  874         (b) An operator’s motor vehicle liability policy of
  875  insurance must shall insure the person or persons named therein
  876  against loss from the liability imposed upon him or her by law
  877  for damages arising out of the use by the person of any motor
  878  vehicle not owned by him or her, with the same territorial
  879  limits and subject to the same limits of liability as referred
  880  to above with respect to an owner’s policy of liability
  881  insurance.
  882         (c) All such motor vehicle liability policies must shall
  883  state the name and address of the named insured, the coverage
  884  afforded by the policy, the premium charged therefor, the policy
  885  period, the limits of liability, and must shall contain an
  886  agreement or be endorsed that insurance is provided in
  887  accordance with the coverage defined in this chapter as respects
  888  bodily injury and death or property damage or both and is
  889  subject to all provisions of this chapter. The Said policies
  890  must shall also contain a provision that the satisfaction by an
  891  insured of a judgment for such injury or damage may shall not be
  892  a condition precedent to the right or duty of the insurance
  893  carrier to make payment on account of such injury or damage, and
  894  must shall also contain a provision that bankruptcy or
  895  insolvency of the insured or of the insured’s estate may shall
  896  not relieve the insurance carrier of any of its obligations
  897  under the said policy.
  898         (2) The provisions of This section is shall not be
  899  applicable to any automobile liability policy unless and until
  900  it is furnished as proof of financial responsibility for the
  901  future pursuant to s. 324.031, and then only from and after the
  902  date the said policy is so furnished.
  903         Section 22. Section 324.161, Florida Statutes, is amended
  904  to read:
  905         324.161 Proof of financial responsibility; deposit.—If a
  906  person elects to prove his or her financial responsibility under
  907  the method of proof specified in s. 324.031(1)(b), he or she
  908  must obtain proof of a certificate of deposit annually, in the
  909  amount required under s. 324.031(2), from a financial
  910  institution insured by the Federal Deposit Insurance Corporation
  911  or the National Credit Union Administration. Proof of such
  912  certificate of deposit Annually, before any certificate of
  913  insurance may be issued to a person, including any firm,
  914  partnership, association, corporation, or other person, other
  915  than a natural person, proof of a certificate of deposit of
  916  $30,000 issued and held by a financial institution must be
  917  submitted to the department annually. A power of attorney will
  918  be issued to and held by the department and may be executed upon
  919  a judgment issued against such person making the deposit, for
  920  damages for because of bodily injury to or death of any person
  921  or for damages for because of injury to or destruction of
  922  property resulting from the use or operation of any motor
  923  vehicle occurring after such deposit was made. Money so
  924  deposited is shall not be subject to attachment or execution
  925  unless such attachment or execution arises shall arise out of a
  926  lawsuit suit for such damages as aforesaid.
  927         Section 23. Subsections (1) and (2) of section 324.171,
  928  Florida Statutes, are amended to read:
  929         324.171 Self-insurer.—
  930         (1) A Any person may qualify as a self-insurer by obtaining
  931  a certificate of self-insurance from the department. which may,
  932  in its discretion and Upon application of such a person, the
  933  department may issue a said certificate of self-insurance if the
  934  applicant when such person has satisfied the requirements of
  935  this section to qualify as a self-insurer under this section:
  936         (a) A private individual with private passenger vehicles
  937  must shall possess a net unencumbered worth: of
  938         1.Beginning January 1, 2019, through December 31, 2020, of
  939  at least $80,000.
  940         2. Beginning January 1, 2021, through December 31, 2022, of
  941  at least $100,000.
  942         3. Beginning January 1, 2023, and thereafter, of at least
  943  $120,000 $40,000.
  944         (b) A person, including any firm, partnership, association,
  945  corporation, or other person, other than a natural person, must
  946  shall:
  947         1. Possess a net unencumbered worth: of
  948         a. Beginning January 1, 2019, through December 31, 2020, of
  949  at least $80,000 for the first motor vehicle and $40,000 for
  950  each additional motor vehicle.
  951         b. Beginning January 1, 2021, through December 31, 2022, of
  952  at least $100,000 for the first motor vehicle and $50,000 for
  953  each additional motor vehicle.
  954         c. Beginning January 1, 2023, and thereafter, of at least
  955  $120,000 $40,000 for the first motor vehicle and $60,000 $20,000
  956  for each additional motor vehicle; or
  957         2. Maintain sufficient net worth, in an amount determined
  958  by the department, to be financially responsible for potential
  959  losses. The department shall annually determine the minimum net
  960  worth sufficient to satisfy this subparagraph as determined
  961  annually by the department, pursuant to rules adopted
  962  promulgated by the department, with the assistance of the Office
  963  of Insurance Regulation of the Financial Services Commission, to
  964  be financially responsible for potential losses. The rules must
  965  consider any shall take into consideration excess insurance
  966  carried by the applicant. The department’s determination must
  967  shall be based upon reasonable actuarial principles considering
  968  the frequency, severity, and loss development of claims incurred
  969  by casualty insurers writing coverage on the type of motor
  970  vehicles for which a certificate of self-insurance is desired.
  971         (c) The owner of a commercial motor vehicle, as defined in
  972  s. 207.002 or s. 320.01, may qualify as a self-insurer subject
  973  to the standards provided for in subparagraph (b)2.
  974         (2) The self-insurance certificate must shall provide
  975  limits of liability insurance in the amounts specified under s.
  976  324.021(7) or s. 627.7415 and shall provide personal injury
  977  protection coverage under s. 627.733(3)(b).
  978         Section 24. Section 324.251, Florida Statutes, is amended
  979  to read:
  980         324.251 Short title.—This chapter may be cited as the
  981  “Financial Responsibility Law of 2018 1955” and is shall become
  982  effective at 12:01 a.m., January 1, 2019 October 1, 1955.
  983         Section 25. Subsection (4) of section 400.9905, Florida
  984  Statutes, is amended to read:
  985         400.9905 Definitions.—
  986         (4) “Clinic” means an entity where health care services are
  987  provided to individuals and which tenders charges for
  988  reimbursement for such services, including a mobile clinic and a
  989  portable equipment provider. As used in this part, the term does
  990  not include and the licensure requirements of this part do not
  991  apply to:
  992         (a) Entities licensed or registered by the state under
  993  chapter 395; entities licensed or registered by the state and
  994  providing only health care services within the scope of services
  995  authorized under their respective licenses under ss. 383.30
  996  383.335, chapter 390, chapter 394, chapter 397, this chapter
  997  except part X, chapter 429, chapter 463, chapter 465, chapter
  998  466, chapter 478, part I of chapter 483, chapter 484, or chapter
  999  651; end-stage renal disease providers authorized under 42
 1000  C.F.R. part 405, subpart U; providers certified under 42 C.F.R.
 1001  part 485, subpart B or subpart H; or any entity that provides
 1002  neonatal or pediatric hospital-based health care services or
 1003  other health care services by licensed practitioners solely
 1004  within a hospital licensed under chapter 395.
 1005         (b) Entities that own, directly or indirectly, entities
 1006  licensed or registered by the state pursuant to chapter 395;
 1007  entities that own, directly or indirectly, entities licensed or
 1008  registered by the state and providing only health care services
 1009  within the scope of services authorized pursuant to their
 1010  respective licenses under ss. 383.30-383.335, chapter 390,
 1011  chapter 394, chapter 397, this chapter except part X, chapter
 1012  429, chapter 463, chapter 465, chapter 466, chapter 478, part I
 1013  of chapter 483, chapter 484, or chapter 651; end-stage renal
 1014  disease providers authorized under 42 C.F.R. part 405, subpart
 1015  U; providers certified under 42 C.F.R. part 485, subpart B or
 1016  subpart H; or any entity that provides neonatal or pediatric
 1017  hospital-based health care services by licensed practitioners
 1018  solely within a hospital licensed under chapter 395.
 1019         (c) Entities that are owned, directly or indirectly, by an
 1020  entity licensed or registered by the state pursuant to chapter
 1021  395; entities that are owned, directly or indirectly, by an
 1022  entity licensed or registered by the state and providing only
 1023  health care services within the scope of services authorized
 1024  pursuant to their respective licenses under ss. 383.30-383.335,
 1025  chapter 390, chapter 394, chapter 397, this chapter except part
 1026  X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
 1027  478, part I of chapter 483, chapter 484, or chapter 651; end
 1028  stage renal disease providers authorized under 42 C.F.R. part
 1029  405, subpart U; providers certified under 42 C.F.R. part 485,
 1030  subpart B or subpart H; or any entity that provides neonatal or
 1031  pediatric hospital-based health care services by licensed
 1032  practitioners solely within a hospital under chapter 395.
 1033         (d) Entities that are under common ownership, directly or
 1034  indirectly, with an entity licensed or registered by the state
 1035  pursuant to chapter 395; entities that are under common
 1036  ownership, directly or indirectly, with an entity licensed or
 1037  registered by the state and providing only health care services
 1038  within the scope of services authorized pursuant to their
 1039  respective licenses under ss. 383.30-383.335, chapter 390,
 1040  chapter 394, chapter 397, this chapter except part X, chapter
 1041  429, chapter 463, chapter 465, chapter 466, chapter 478, part I
 1042  of chapter 483, chapter 484, or chapter 651; end-stage renal
 1043  disease providers authorized under 42 C.F.R. part 405, subpart
 1044  U; providers certified under 42 C.F.R. part 485, subpart B or
 1045  subpart H; or any entity that provides neonatal or pediatric
 1046  hospital-based health care services by licensed practitioners
 1047  solely within a hospital licensed under chapter 395.
 1048         (e) An entity that is exempt from federal taxation under 26
 1049  U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
 1050  under 26 U.S.C. s. 409 that has a board of trustees at least
 1051  two-thirds of which are Florida-licensed health care
 1052  practitioners and provides only physical therapy services under
 1053  physician orders, any community college or university clinic,
 1054  and any entity owned or operated by the federal or state
 1055  government, including agencies, subdivisions, or municipalities
 1056  thereof.
 1057         (f) A sole proprietorship, group practice, partnership, or
 1058  corporation that provides health care services by physicians
 1059  covered by s. 627.419, that is directly supervised by one or
 1060  more of such physicians, and that is wholly owned by one or more
 1061  of those physicians or by a physician and the spouse, parent,
 1062  child, or sibling of that physician.
 1063         (g) A sole proprietorship, group practice, partnership, or
 1064  corporation that provides health care services by licensed
 1065  health care practitioners under chapter 457, chapter 458,
 1066  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
 1067  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
 1068  chapter 490, chapter 491, or part I, part III, part X, part
 1069  XIII, or part XIV of chapter 468, or s. 464.012, and that is
 1070  wholly owned by one or more licensed health care practitioners,
 1071  or the licensed health care practitioners set forth in this
 1072  paragraph and the spouse, parent, child, or sibling of a
 1073  licensed health care practitioner if one of the owners who is a
 1074  licensed health care practitioner is supervising the business
 1075  activities and is legally responsible for the entity’s
 1076  compliance with all federal and state laws. However, a health
 1077  care practitioner may not supervise services beyond the scope of
 1078  the practitioner’s license, except that, for the purposes of
 1079  this part, a clinic owned by a licensee in s. 456.053(3)(b)
 1080  which provides only services authorized pursuant to s.
 1081  456.053(3)(b) may be supervised by a licensee specified in s.
 1082  456.053(3)(b).
 1083         (h) Clinical facilities affiliated with an accredited
 1084  medical school at which training is provided for medical
 1085  students, residents, or fellows.
 1086         (i) Entities that provide only oncology or radiation
 1087  therapy services by physicians licensed under chapter 458 or
 1088  chapter 459 or entities that provide oncology or radiation
 1089  therapy services by physicians licensed under chapter 458 or
 1090  chapter 459 which are owned by a corporation whose shares are
 1091  publicly traded on a recognized stock exchange.
 1092         (j) Clinical facilities affiliated with a college of
 1093  chiropractic accredited by the Council on Chiropractic Education
 1094  at which training is provided for chiropractic students.
 1095         (k) Entities that provide licensed practitioners to staff
 1096  emergency departments or to deliver anesthesia services in
 1097  facilities licensed under chapter 395 and that derive at least
 1098  90 percent of their gross annual revenues from the provision of
 1099  such services. Entities claiming an exemption from licensure
 1100  under this paragraph must provide documentation demonstrating
 1101  compliance.
 1102         (l) Orthotic, prosthetic, pediatric cardiology, or
 1103  perinatology clinical facilities or anesthesia clinical
 1104  facilities that are not otherwise exempt under paragraph (a) or
 1105  paragraph (k) and that are a publicly traded corporation or are
 1106  wholly owned, directly or indirectly, by a publicly traded
 1107  corporation. As used in this paragraph, a publicly traded
 1108  corporation is a corporation that issues securities traded on an
 1109  exchange registered with the United States Securities and
 1110  Exchange Commission as a national securities exchange.
 1111         (m) Entities that are owned by a corporation that has $250
 1112  million or more in total annual sales of health care services
 1113  provided by licensed health care practitioners where one or more
 1114  of the persons responsible for the operations of the entity is a
 1115  health care practitioner who is licensed in this state and who
 1116  is responsible for supervising the business activities of the
 1117  entity and is responsible for the entity’s compliance with state
 1118  law for purposes of this part.
 1119         (n) Entities that employ 50 or more licensed health care
 1120  practitioners licensed under chapter 458 or chapter 459 where
 1121  the billing for medical services is under a single tax
 1122  identification number. The application for exemption under this
 1123  subsection must include shall contain information that includes:
 1124  the name, residence, and business address and telephone phone
 1125  number of the entity that owns the practice; a complete list of
 1126  the names and contact information of all the officers and
 1127  directors of the corporation; the name, residence address,
 1128  business address, and medical license number of each licensed
 1129  Florida health care practitioner employed by the entity; the
 1130  corporate tax identification number of the entity seeking an
 1131  exemption; a listing of health care services to be provided by
 1132  the entity at the health care clinics owned or operated by the
 1133  entity; and a certified statement prepared by an independent
 1134  certified public accountant which states that the entity and the
 1135  health care clinics owned or operated by the entity have not
 1136  received payment for health care services under medical payments
 1137  personal injury protection insurance coverage for the preceding
 1138  year. If the agency determines that an entity that which is
 1139  exempt under this subsection has received payments for medical
 1140  services under medical payments personal injury protection
 1141  insurance coverage, the agency may deny or revoke the exemption
 1142  from licensure under this subsection.
 1143  
 1144  Notwithstanding this subsection, an entity shall be deemed a
 1145  clinic and must be licensed under this part in order to receive
 1146  medical payments coverage reimbursement under s. 627.7265 the
 1147  Florida Motor Vehicle No-Fault Law, ss. 627.730-627.7405, unless
 1148  exempted under s. 627.736(5)(h).
 1149         Section 26. Subsection (6) of section 400.991, Florida
 1150  Statutes, is amended to read:
 1151         400.991 License requirements; background screenings;
 1152  prohibitions.—
 1153         (6) All agency forms for licensure application or exemption
 1154  from licensure under this part must contain the following
 1155  statement:
 1156  
 1157         INSURANCE FRAUD NOTICE.—A person commits a fraudulent
 1158         insurance act, as defined in s. 626.989, Florida
 1159         Statutes, if the person who knowingly submits a false,
 1160         misleading, or fraudulent application or other
 1161         document when applying for licensure as a health care
 1162         clinic, seeking an exemption from licensure as a
 1163         health care clinic, or demonstrating compliance with
 1164         part X of chapter 400, Florida Statutes, with the
 1165         intent to use the license, exemption from licensure,
 1166         or demonstration of compliance to provide services or
 1167         seek reimbursement under a motor vehicle liability
 1168         insurance policy’s medical payments coverage the
 1169         Florida Motor Vehicle No-Fault Law, commits a
 1170         fraudulent insurance act, as defined in s. 626.989,
 1171         Florida Statutes. A person who presents a claim for
 1172         benefits under medical payments coverage, personal
 1173         injury protection benefits knowing that the payee
 1174         knowingly submitted such health care clinic
 1175         application or document, commits insurance fraud, as
 1176         defined in s. 817.234, Florida Statutes.
 1177         Section 27. Paragraph (g) of subsection (1) of section
 1178  400.9935, Florida Statutes, is amended to read:
 1179         400.9935 Clinic responsibilities.—
 1180         (1) Each clinic shall appoint a medical director or clinic
 1181  director who shall agree in writing to accept legal
 1182  responsibility for the following activities on behalf of the
 1183  clinic. The medical director or the clinic director shall:
 1184         (g) Conduct systematic reviews of clinic billings to ensure
 1185  that the billings are not fraudulent or unlawful. Upon discovery
 1186  of an unlawful charge, the medical director or clinic director
 1187  shall take immediate corrective action. If the clinic performs
 1188  only the technical component of magnetic resonance imaging,
 1189  static radiographs, computed tomography, or positron emission
 1190  tomography, and provides the professional interpretation of such
 1191  services, in a fixed facility that is accredited by a national
 1192  accrediting organization that is approved by the Centers for
 1193  Medicare and Medicaid Services for magnetic resonance imaging
 1194  and advanced diagnostic imaging services and if, in the
 1195  preceding quarter, the percentage of scans performed by that
 1196  clinic which was billed to motor vehicle all personal injury
 1197  protection insurance carriers under medical payments coverage
 1198  was less than 15 percent, the chief financial officer of the
 1199  clinic may, in a written acknowledgment provided to the agency,
 1200  assume the responsibility for the conduct of the systematic
 1201  reviews of clinic billings to ensure that the billings are not
 1202  fraudulent or unlawful.
 1203         Section 28. Subsection (28) of section 409.901, Florida
 1204  Statutes, is amended to read:
 1205         409.901 Definitions; ss. 409.901-409.920.—As used in ss.
 1206  409.901-409.920, except as otherwise specifically provided, the
 1207  term:
 1208         (28) “Third-party benefit” means any benefit that is or may
 1209  be available at any time through contract, court award,
 1210  judgment, settlement, agreement, or any arrangement between a
 1211  third party and any person or entity, including, without
 1212  limitation, a Medicaid recipient, a provider, another third
 1213  party, an insurer, or the agency, for any Medicaid-covered
 1214  injury, illness, goods, or services, including costs of medical
 1215  services related thereto, for bodily personal injury or for
 1216  death of the recipient, but specifically excluding policies of
 1217  life insurance policies on the recipient, unless available under
 1218  terms of the policy to pay medical expenses before prior to
 1219  death. The term includes, without limitation, collateral, as
 1220  defined in this section, health insurance, any benefit under a
 1221  health maintenance organization, a preferred provider
 1222  arrangement, a prepaid health clinic, liability insurance,
 1223  uninsured motorist insurance, medical payments coverage or
 1224  personal injury protection coverage, medical benefits under
 1225  workers’ compensation, and any obligation under law or equity to
 1226  provide medical support.
 1227         Section 29. Paragraph (f) of subsection (11) of section
 1228  409.910, Florida Statutes, is amended to read:
 1229         409.910 Responsibility for payments on behalf of Medicaid
 1230  eligible persons when other parties are liable.—
 1231         (11) The agency may, as a matter of right, in order to
 1232  enforce its rights under this section, institute, intervene in,
 1233  or join any legal or administrative proceeding in its own name
 1234  in one or more of the following capacities: individually, as
 1235  subrogee of the recipient, as assignee of the recipient, or as
 1236  lienholder of the collateral.
 1237         (f) Notwithstanding any provision in this section to the
 1238  contrary, in the event of an action in tort against a third
 1239  party in which the recipient or his or her legal representative
 1240  is a party which results in a judgment, award, or settlement
 1241  from a third party, the amount recovered shall be distributed as
 1242  follows:
 1243         1. After attorney attorney’s fees and taxable costs as
 1244  defined by the Florida Rules of Civil Procedure, one-half of the
 1245  remaining recovery shall be paid to the agency up to the total
 1246  amount of medical assistance provided by Medicaid.
 1247         2. The remaining amount of the recovery shall be paid to
 1248  the recipient.
 1249         3. For purposes of calculating the agency’s recovery of
 1250  medical assistance benefits paid, the fee for services of an
 1251  attorney retained by the recipient or his or her legal
 1252  representative shall be calculated at 25 percent of the
 1253  judgment, award, or settlement.
 1254         4. Notwithstanding any other provision of this section to
 1255  the contrary, the agency shall be entitled to all medical
 1256  coverage benefits up to the total amount of medical assistance
 1257  provided by Medicaid. For purposes of this paragraph, the term
 1258  “medical coverage” means any benefits under health insurance, a
 1259  health maintenance organization, a preferred provider
 1260  arrangement, or a prepaid health clinic, and the portion of
 1261  benefits designated for medical payments under coverage for
 1262  workers’ compensation coverage, motor vehicle insurance
 1263  coverage, personal injury protection, and casualty coverage.
 1264         Section 30. Paragraph (k) of subsection (2) of section
 1265  456.057, Florida Statutes, is amended to read:
 1266         456.057 Ownership and control of patient records; report or
 1267  copies of records to be furnished; disclosure of information.—
 1268         (2) As used in this section, the terms “records owner,”
 1269  “health care practitioner,” and “health care practitioner’s
 1270  employer” do not include any of the following persons or
 1271  entities; furthermore, the following persons or entities are not
 1272  authorized to acquire or own medical records, but are authorized
 1273  under the confidentiality and disclosure requirements of this
 1274  section to maintain those documents required by the part or
 1275  chapter under which they are licensed or regulated:
 1276         (k) Persons or entities practicing under s. 627.7265 s.
 1277  627.736(7).
 1278         Section 31. Paragraphs (ee) and (ff) of subsection (1) of
 1279  section 456.072, Florida Statutes, are amended to read:
 1280         456.072 Grounds for discipline; penalties; enforcement.—
 1281         (1) The following acts shall constitute grounds for which
 1282  the disciplinary actions specified in subsection (2) may be
 1283  taken:
 1284         (ee) With respect to making a medical payments coverage
 1285  personal injury protection claim under s. 627.7265 as required
 1286  by s. 627.736, intentionally submitting a claim, statement, or
 1287  bill that has been upcoded. As used in this paragraph, the term
 1288  “upcoded” means an action that submits a billing code that would
 1289  result in payment greater in amount than would be paid using a
 1290  billing code that accurately describes the services performed.
 1291  The term does not include an otherwise lawful bill by a magnetic
 1292  resonance imaging facility, which globally combines both
 1293  technical and professional components, if the amount of the
 1294  global bill is not more than the components if billed
 1295  separately; however, payment of such a bill constitutes payment
 1296  in full for all components of such service “upcoded” as defined
 1297  in s. 627.732.
 1298         (ff) With respect to making a medical payments coverage
 1299  personal injury protection claim as required under s. 627.7265
 1300  by s. 627.736, intentionally submitting a claim, statement, or
 1301  bill for payment of services that were not rendered.
 1302         Section 32. Paragraphs (i) and (o) of subsection (1) of
 1303  section 626.9541, Florida Statutes, are amended to read:
 1304         626.9541 Unfair methods of competition and unfair or
 1305  deceptive acts or practices defined.—
 1306         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
 1307  ACTS.—The following are defined as unfair methods of competition
 1308  and unfair or deceptive acts or practices:
 1309         (i) Unfair claim settlement practices.—
 1310         1. Attempting to settle claims on the basis of an
 1311  application, when serving as a binder or intended to become a
 1312  part of the policy, or any other material document which was
 1313  altered without notice to, or knowledge or consent of, the
 1314  insured;
 1315         2. A material misrepresentation made to an insured or any
 1316  other person having an interest in the proceeds payable under
 1317  such contract or policy, for the purpose and with the intent of
 1318  effecting settlement of such claims, loss, or damage under such
 1319  contract or policy on less favorable terms than those provided
 1320  in, and contemplated by, such contract or policy; or
 1321         3. Committing or performing with such frequency as to
 1322  indicate a general business practice any of the following:
 1323         a. Failing to adopt and implement standards for the proper
 1324  investigation of claims;
 1325         b. Misrepresenting pertinent facts or insurance policy
 1326  provisions relating to coverages at issue;
 1327         c. Failing to acknowledge and act promptly upon
 1328  communications with respect to claims;
 1329         d. Denying claims without conducting reasonable
 1330  investigations based upon available information;
 1331         e. Failing to affirm or deny full or partial coverage of
 1332  claims, and, as to partial coverage, the dollar amount or extent
 1333  of coverage, or failing to provide a written statement that the
 1334  claim is being investigated, upon the written request of the
 1335  insured within 30 days after proof-of-loss statements have been
 1336  completed;
 1337         f. Failing to promptly provide a reasonable explanation in
 1338  writing to the insured of the basis in the insurance policy, in
 1339  relation to the facts or applicable law, for denial of a claim
 1340  or for the offer of a compromise settlement;
 1341         g. Failing to promptly notify the insured of any additional
 1342  information necessary for the processing of a claim; or
 1343         h. Failing to clearly explain the nature of the requested
 1344  information and the reasons why such information is necessary.
 1345         i. Failing to pay personal injury protection insurance
 1346  claims within the time periods required by s. 627.736(4)(b). The
 1347  office may order the insurer to pay restitution to a
 1348  policyholder, medical provider, or other claimant, including
 1349  interest at a rate consistent with the amount set forth in s.
 1350  55.03(1), for the time period within which an insurer fails to
 1351  pay claims as required by law. Restitution is in addition to any
 1352  other penalties allowed by law, including, but not limited to,
 1353  the suspension of the insurer’s certificate of authority.
 1354         4. Failing to pay undisputed amounts of partial or full
 1355  benefits owed under first-party property insurance policies
 1356  within 90 days after an insurer receives notice of a residential
 1357  property insurance claim, determines the amounts of partial or
 1358  full benefits, and agrees to coverage, unless payment of the
 1359  undisputed benefits is prevented by an act of God, prevented by
 1360  the impossibility of performance, or due to actions by the
 1361  insured or claimant that constitute fraud, lack of cooperation,
 1362  or intentional misrepresentation regarding the claim for which
 1363  benefits are owed.
 1364         (o) Illegal dealings in premiums; excess or reduced charges
 1365  for insurance.—
 1366         1. Knowingly collecting any sum as a premium or charge for
 1367  insurance, which is not then provided, or is not in due course
 1368  to be provided, subject to acceptance of the risk by the
 1369  insurer, by an insurance policy issued by an insurer as
 1370  permitted by this code.
 1371         2. Knowingly collecting as a premium or charge for
 1372  insurance any sum in excess of or less than the premium or
 1373  charge applicable to such insurance, in accordance with the
 1374  applicable classifications and rates as filed with and approved
 1375  by the office, and as specified in the policy; or, in cases when
 1376  classifications, premiums, or rates are not required by this
 1377  code to be so filed and approved, premiums and charges collected
 1378  from a Florida resident in excess of or less than those
 1379  specified in the policy and as fixed by the insurer.
 1380  Notwithstanding any other provision of law, this provision shall
 1381  not be deemed to prohibit the charging and collection, by
 1382  surplus lines agents licensed under part VIII of this chapter,
 1383  of the amount of applicable state and federal taxes, or fees as
 1384  authorized by s. 626.916(4), in addition to the premium required
 1385  by the insurer or the charging and collection, by licensed
 1386  agents, of the exact amount of any discount or other such fee
 1387  charged by a credit card facility in connection with the use of
 1388  a credit card, as authorized by subparagraph (q)3., in addition
 1389  to the premium required by the insurer. This subparagraph shall
 1390  not be construed to prohibit collection of a premium for a
 1391  universal life or a variable or indeterminate value insurance
 1392  policy made in accordance with the terms of the contract.
 1393         3.a. Imposing or requesting an additional premium for
 1394  bodily injury liability coverage, property damage liability
 1395  coverage a policy of motor vehicle liability, personal injury
 1396  protection, medical payment coverage, or collision coverage in a
 1397  motor vehicle liability insurance policy insurance or any
 1398  combination thereof or refusing to renew the policy solely
 1399  because the insured was involved in a motor vehicle accident
 1400  unless the insurer’s file contains information from which the
 1401  insurer in good faith determines that the insured was
 1402  substantially at fault in the accident.
 1403         b. An insurer which imposes and collects such a surcharge
 1404  or which refuses to renew such policy shall, in conjunction with
 1405  the notice of premium due or notice of nonrenewal, notify the
 1406  named insured that he or she is entitled to reimbursement of
 1407  such amount or renewal of the policy under the conditions listed
 1408  below and will subsequently reimburse him or her or renew the
 1409  policy, if the named insured demonstrates that the operator
 1410  involved in the accident was:
 1411         (I) Lawfully parked;
 1412         (II) Reimbursed by, or on behalf of, a person responsible
 1413  for the accident or has a judgment against such person;
 1414         (III) Struck in the rear by another vehicle headed in the
 1415  same direction and was not convicted of a moving traffic
 1416  violation in connection with the accident;
 1417         (IV) Hit by a “hit-and-run” driver, if the accident was
 1418  reported to the proper authorities within 24 hours after
 1419  discovering the accident;
 1420         (V) Not convicted of a moving traffic violation in
 1421  connection with the accident, but the operator of the other
 1422  automobile involved in such accident was convicted of a moving
 1423  traffic violation;
 1424         (VI) Finally adjudicated not to be liable by a court of
 1425  competent jurisdiction;
 1426         (VII) In receipt of a traffic citation which was dismissed
 1427  or nolle prossed; or
 1428         (VIII) Not at fault as evidenced by a written statement
 1429  from the insured establishing facts demonstrating lack of fault
 1430  which are not rebutted by information in the insurer’s file from
 1431  which the insurer in good faith determines that the insured was
 1432  substantially at fault.
 1433         c. In addition to the other provisions of this
 1434  subparagraph, an insurer may not fail to renew a policy if the
 1435  insured has had only one accident in which he or she was at
 1436  fault within the current 3-year period. However, an insurer may
 1437  nonrenew a policy for reasons other than accidents in accordance
 1438  with s. 627.728. This subparagraph does not prohibit nonrenewal
 1439  of a policy under which the insured has had three or more
 1440  accidents, regardless of fault, during the most recent 3-year
 1441  period.
 1442         4. Imposing or requesting an additional premium for, or
 1443  refusing to renew, a policy for motor vehicle insurance solely
 1444  because the insured committed a noncriminal traffic infraction
 1445  as described in s. 318.14 unless the infraction is:
 1446         a. A second infraction committed within an 18-month period,
 1447  or a third or subsequent infraction committed within a 36-month
 1448  period.
 1449         b. A violation of s. 316.183, when such violation is a
 1450  result of exceeding the lawful speed limit by more than 15 miles
 1451  per hour.
 1452         5. Upon the request of the insured, the insurer and
 1453  licensed agent shall supply to the insured the complete proof of
 1454  fault or other criteria which justifies the additional charge or
 1455  cancellation.
 1456         6. No insurer shall impose or request an additional premium
 1457  for motor vehicle insurance, cancel or refuse to issue a policy,
 1458  or refuse to renew a policy because the insured or the applicant
 1459  is a handicapped or physically disabled person, so long as such
 1460  handicap or physical disability does not substantially impair
 1461  such person’s mechanically assisted driving ability.
 1462         7. No insurer may cancel or otherwise terminate any
 1463  insurance contract or coverage, or require execution of a
 1464  consent to rate endorsement, during the stated policy term for
 1465  the purpose of offering to issue, or issuing, a similar or
 1466  identical contract or coverage to the same insured with the same
 1467  exposure at a higher premium rate or continuing an existing
 1468  contract or coverage with the same exposure at an increased
 1469  premium.
 1470         8. No insurer may issue a nonrenewal notice on any
 1471  insurance contract or coverage, or require execution of a
 1472  consent to rate endorsement, for the purpose of offering to
 1473  issue, or issuing, a similar or identical contract or coverage
 1474  to the same insured at a higher premium rate or continuing an
 1475  existing contract or coverage at an increased premium without
 1476  meeting any applicable notice requirements.
 1477         9. No insurer shall, with respect to premiums charged for
 1478  motor vehicle insurance, unfairly discriminate solely on the
 1479  basis of age, sex, marital status, or scholastic achievement.
 1480         10. Imposing or requesting an additional premium for motor
 1481  vehicle comprehensive or uninsured motorist coverage solely
 1482  because the insured was involved in a motor vehicle accident or
 1483  was convicted of a moving traffic violation.
 1484         11. No insurer shall cancel or issue a nonrenewal notice on
 1485  any insurance policy or contract without complying with any
 1486  applicable cancellation or nonrenewal provision required under
 1487  the Florida Insurance Code.
 1488         12. No insurer shall impose or request an additional
 1489  premium, cancel a policy, or issue a nonrenewal notice on any
 1490  insurance policy or contract because of any traffic infraction
 1491  when adjudication has been withheld and no points have been
 1492  assessed pursuant to s. 318.14(9) and (10). However, this
 1493  subparagraph does not apply to traffic infractions involving
 1494  accidents in which the insurer has incurred a loss due to the
 1495  fault of the insured.
 1496         Section 33. Paragraph (a) of subsection (1) of section
 1497  626.989, Florida Statutes, is amended to read:
 1498         626.989 Investigation by department or Division of
 1499  Investigative and Forensic Services; compliance; immunity;
 1500  confidential information; reports to division; division
 1501  investigator’s power of arrest.—
 1502         (1) For the purposes of this section:
 1503         (a) A person commits a “fraudulent insurance act” if the
 1504  person:
 1505         1. Knowingly and with intent to defraud presents, causes to
 1506  be presented, or prepares with knowledge or belief that it will
 1507  be presented, to or by an insurer, self-insurer, self-insurance
 1508  fund, servicing corporation, purported insurer, broker, or any
 1509  agent thereof, any written statement as part of, or in support
 1510  of, an application for the issuance of, or the rating of, any
 1511  insurance policy, or a claim for payment or other benefit
 1512  pursuant to any insurance policy, which the person knows to
 1513  contain materially false information concerning any fact
 1514  material thereto or if the person conceals, for the purpose of
 1515  misleading another, information concerning any fact material
 1516  thereto.
 1517         2. Knowingly submits:
 1518         a. A false, misleading, or fraudulent application or other
 1519  document when applying for licensure as a health care clinic,
 1520  seeking an exemption from licensure as a health care clinic, or
 1521  demonstrating compliance with part X of chapter 400 with an
 1522  intent to use the license, exemption from licensure, or
 1523  demonstration of compliance to provide services or seek
 1524  reimbursement under a motor vehicle liability insurance policy’s
 1525  medical payments coverage the Florida Motor Vehicle No-Fault
 1526  Law.
 1527         b. A claim for payment or other benefit under medical
 1528  payments coverage pursuant to a personal injury protection
 1529  insurance policy under the Florida Motor Vehicle No-Fault Law if
 1530  the person knows that the payee knowingly submitted a false,
 1531  misleading, or fraudulent application or other document when
 1532  applying for licensure as a health care clinic, seeking an
 1533  exemption from licensure as a health care clinic, or
 1534  demonstrating compliance with part X of chapter 400.
 1535         Section 34. Subsection (1) of section 627.06501, Florida
 1536  Statutes, is amended to read:
 1537         627.06501 Insurance discounts for certain persons
 1538  completing driver improvement course.—
 1539         (1) Any rate, rating schedule, or rating manual for the
 1540  liability, medical payments personal injury protection, and
 1541  collision coverages of a motor vehicle insurance policy filed
 1542  with the office may provide for an appropriate reduction in
 1543  premium charges as to such coverages if when the principal
 1544  operator on the covered vehicle has successfully completed a
 1545  driver improvement course approved and certified by the
 1546  Department of Highway Safety and Motor Vehicles which is
 1547  effective in reducing crash or violation rates, or both, as
 1548  determined pursuant to s. 318.1451(5). Any discount, not to
 1549  exceed 10 percent, used by an insurer is presumed to be
 1550  appropriate unless credible data demonstrates otherwise.
 1551         Section 35. Subsection (1) of section 627.0652, Florida
 1552  Statutes, is amended to read:
 1553         627.0652 Insurance discounts for certain persons completing
 1554  safety course.—
 1555         (1) Any rates, rating schedules, or rating manuals for the
 1556  liability, medical payments personal injury protection, and
 1557  collision coverages of a motor vehicle insurance policy filed
 1558  with the office must shall provide for an appropriate reduction
 1559  in premium charges as to such coverages if when the principal
 1560  operator on the covered vehicle is an insured 55 years of age or
 1561  older who has successfully completed a motor vehicle accident
 1562  prevention course approved by the Department of Highway Safety
 1563  and Motor Vehicles. Any discount used by an insurer is presumed
 1564  to be appropriate unless credible data demonstrates otherwise.
 1565         Section 36. Subsections (1), (3), and (6) of section
 1566  627.0653, Florida Statutes, are amended to read:
 1567         627.0653 Insurance discounts for specified motor vehicle
 1568  equipment.—
 1569         (1) Any rates, rating schedules, or rating manuals for the
 1570  liability, medical payments personal injury protection, and
 1571  collision coverages of a motor vehicle insurance policy filed
 1572  with the office must shall provide a premium discount if the
 1573  insured vehicle is equipped with factory-installed, four-wheel
 1574  antilock brakes.
 1575         (3) Any rates, rating schedules, or rating manuals for
 1576  personal injury protection coverage and medical payments
 1577  coverage, if offered, of a motor vehicle insurance policy filed
 1578  with the office must shall provide a premium discount if the
 1579  insured vehicle is equipped with one or more air bags that which
 1580  are factory installed.
 1581         (6) The Office of Insurance Regulation may approve a
 1582  premium discount to any rates, rating schedules, or rating
 1583  manuals for the liability, medical payments personal injury
 1584  protection, and collision coverages of a motor vehicle insurance
 1585  policy filed with the office if the insured vehicle is equipped
 1586  with autonomous driving technology or electronic vehicle
 1587  collision avoidance technology that is factory installed or a
 1588  retrofitted system and that complies with National Highway
 1589  Traffic Safety Administration standards.
 1590         Section 37. Section 627.4132, Florida Statutes, is amended
 1591  to read:
 1592         627.4132 Stacking of coverages prohibited.—If an insured or
 1593  named insured is protected by any type of motor vehicle
 1594  insurance policy for bodily injury and property damage
 1595  liability, personal injury protection, or other coverage, the
 1596  policy must shall provide that the insured or named insured is
 1597  protected only to the extent of the coverage she or he has on
 1598  the vehicle involved in the accident. However, if none of the
 1599  insured’s or named insured’s vehicles are is involved in the
 1600  accident, coverage is available only to the extent of coverage
 1601  on any one of the vehicles with applicable coverage. Coverage on
 1602  any other vehicles may shall not be added to or stacked upon
 1603  that coverage. This section does not apply:
 1604         (1) To uninsured motorist coverage that which is separately
 1605  governed by s. 627.727.
 1606         (2) To reduce the coverage available by reason of insurance
 1607  policies insuring different named insureds.
 1608         Section 38. Section 627.7263, Florida Statutes, is amended
 1609  to read:
 1610         627.7263 Rental and leasing driver’s insurance to be
 1611  primary; exception.—
 1612         (1) The valid and collectible liability insurance and
 1613  medical payments coverage or personal injury protection
 1614  insurance providing coverage for the lessor of a motor vehicle
 1615  for rent or lease is primary unless otherwise stated in at least
 1616  10-point type on the face of the rental or lease agreement. Such
 1617  insurance is primary for the limits of liability and personal
 1618  injury protection coverage as required by s. 324.021(7) and
 1619  medical payments coverage as required under s. 627.7265 ss.
 1620  324.021(7) and 627.736.
 1621         (2) If the lessee’s coverage is to be primary, the rental
 1622  or lease agreement must contain the following language, in at
 1623  least 10-point type:
 1624  
 1625         “The valid and collectible liability insurance and
 1626         medical payments coverage personal injury protection
 1627         insurance of an any authorized rental or leasing
 1628         driver is primary for the limits of liability and
 1629         personal injury protection coverage and medical
 1630         payments coverage required under ss. 324.021(7) and
 1631         627.7265 by ss. 324.021(7) and 627.736, Florida
 1632         Statutes.”
 1633         Section 39. Section 627.7265, Florida Statutes, is created
 1634  to read:
 1635         627.7265 Motor vehicle insurance; medical payments
 1636  coverage.—
 1637         (1) MEDICAL PAYMENTS COVERAGE REQUIRED.—A motor vehicle
 1638  liability insurance policy that is furnished as proof of
 1639  financial responsibility pursuant to s. 324.031 must include
 1640  medical payments coverage as provided in this section. The
 1641  medical payments coverage must protect the named insured,
 1642  resident relatives, persons operating the insured motor vehicle,
 1643  passengers in the insured motor vehicle, and persons who are
 1644  struck by the insured motor vehicle and suffer bodily injury
 1645  while not an occupant of a self-propelled motor vehicle, to a
 1646  limit of at least $5,000 per person for medical expense incurred
 1647  due to bodily injury, sickness, or disease arising out of the
 1648  ownership, maintenance, or use of a motor vehicle. The medical
 1649  payments coverage must also provide each such person with a
 1650  death benefit of at least $5,000. This section may not be
 1651  construed to limit any other coverage made available by an
 1652  insurer. An insurer may not offer medical payments coverage with
 1653  a deductible to an applicant or policyholder.
 1654         (2)REQUIRED BENEFITS.—Medical payments coverage must
 1655  provide coverage for all of the following if medically necessary
 1656  and the individual initially receives such treatment within 14
 1657  days after the motor vehicle accident:
 1658         (a)Emergency transport and treatment by a provider
 1659  licensed under chapter 401.
 1660         (b)Emergency services and care provided by a hospital
 1661  licensed under chapter 395.
 1662         (c)Emergency services and care as defined in s. 395.002,
 1663  provided in a facility licensed under chapter 395 and rendered
 1664  by a physician or dentist, and related hospital inpatient
 1665  services rendered by a physician or dentist.
 1666         (d)Hospital inpatient services, other than emergency
 1667  services and care.
 1668         (e)Hospital outpatient services, other than emergency
 1669  services and care.
 1670         (3) AUTHORIZED EXCLUSIONS.—Notwithstanding any other
 1671  requirement in this section, an insurer may exclude medical
 1672  payment benefits:
 1673         (a) For injury sustained by the named insured or a resident
 1674  relative while occupying another motor vehicle owned by the
 1675  named insured and not insured under the policy, unless such
 1676  vehicle qualifies as a newly acquired vehicle or temporary
 1677  substitute vehicle.
 1678         (b) For injury sustained by any person operating the
 1679  insured motor vehicle without the express or implied consent of
 1680  the insured.
 1681         (c) For any person who intentionally causes injury to
 1682  himself or herself.
 1683         (d) For any person injured while committing a felony.
 1684         (4) PAYMENT OF BENEFITS.—
 1685         (a)Benefits due from an insurer under medical payments
 1686  coverage are primary to any health insurance benefit of a person
 1687  injured in a motor vehicle accident and apply to any coinsurance
 1688  or deductible amount required by the injured person’s health
 1689  insurance policy, except that:
 1690         1. Benefits received under any workers’ compensation law
 1691  must be credited against medical payments coverage benefits, and
 1692  are due and payable as losses accrue, upon reasonable proof of
 1693  such losses and the amount of expenses and losses incurred which
 1694  are covered by the policy issued under this section.
 1695         2. When the Agency for Health Care Administration provides,
 1696  pays for, or becomes liable for medical assistance under the
 1697  Medicaid program which is related to injury, sickness, disease,
 1698  or death arising out of the ownership, maintenance, or use of a
 1699  motor vehicle, medical payments benefits are subject to the
 1700  provisions of the Medicaid program, and, within 30 days after
 1701  receiving notice that the Medicaid program paid such benefits,
 1702  the insurer must repay the full amount of the benefits to the
 1703  Medicaid program.
 1704         (b)A medical payments insurance policy may include a
 1705  provision allowing subrogation for medical payments benefits
 1706  paid, if the expenses giving rise to the payments were caused by
 1707  wrongful act or omission of another.
 1708         (c)Upon receiving notice of an accident that is
 1709  potentially covered by medical payments coverage benefits, the
 1710  insurer must reserve $2,500 of medical payments coverage
 1711  benefits for payment to physicians licensed under chapter 458 or
 1712  chapter 459 or dentists licensed under chapter 466 who provide
 1713  emergency services and care, as defined in s. 395.002, or who
 1714  provide hospital inpatient care. The amount required to be held
 1715  in reserve may be used only to pay claims from such physicians
 1716  or dentists until 30 days after the date the insurer receives
 1717  notice of the accident. After the 30-day period, any amount of
 1718  the reserve for which the insurer has not received notice of
 1719  such claims may be used by the insurer to pay other claims. This
 1720  paragraph does not require an insurer to establish a claim
 1721  reserve for insurance accounting purposes.
 1722         (5) CHARGES FOR CARE OF INJURED PERSONS.—
 1723         (a) A physician, hospital, clinic, or other person or
 1724  institution lawfully providing medical care to an injured person
 1725  for a bodily injury covered by medical payments coverage may
 1726  charge the insurer and injured party only a reasonable amount
 1727  pursuant to this section. However, such charges may not exceed
 1728  the amount the person or institution customarily charges for
 1729  like medical care. In determining whether a charge for a
 1730  particular service, treatment, supply, or prescription is
 1731  reasonable, consideration may be given to evidence of usual and
 1732  customary charges and payments accepted by the provider involved
 1733  in the dispute; reimbursement levels in the community and
 1734  various federal and state medical fee schedules applicable to
 1735  motor vehicle and other insurance coverages; and other
 1736  information relevant to the reasonableness of the reimbursement
 1737  for the service, treatment, supply, or prescription.
 1738         1. The insurer may limit reimbursement to the following
 1739  schedule of maximum charges:
 1740         a. For emergency transport and treatment by providers
 1741  licensed under chapter 401, 200 percent of Medicare.
 1742         b. For emergency services and care provided by a hospital
 1743  licensed under chapter 395, 75 percent of the hospital’s usual
 1744  and customary charges.
 1745         c. For emergency services and care, as defined in s.
 1746  395.002, provided in a facility licensed under chapter 395 and
 1747  rendered by a physician or dentist, and related hospital
 1748  inpatient services rendered by a physician or dentist, the usual
 1749  and customary charges in the community.
 1750         d. For hospital inpatient services other than emergency
 1751  services and care, 200 percent of the Medicare Part A
 1752  prospective payment applicable to the specific hospital
 1753  providing the inpatient services.
 1754         e. For hospital outpatient services other than emergency
 1755  services and care, 200 percent of the Medicare Part A Ambulatory
 1756  Payment Classification for the specific hospital providing the
 1757  outpatient services.
 1758  
 1759  However, if such services, supplies, or care is not reimbursable
 1760  under Medicare Part B as provided in this sub-subparagraph, the
 1761  insurer may limit reimbursement to 80 percent of the maximum
 1762  reimbursable allowance under workers’ compensation. Services,
 1763  supplies, or care that is not reimbursable under Medicare or
 1764  workers’ compensation is not required to be reimbursed by the
 1765  insurer.
 1766         2. For purposes of subparagraph 1., the applicable fee
 1767  schedule or payment limitation under Medicare is the fee
 1768  schedule or payment limitation in effect on March 1 of the
 1769  service year in which the services, supplies, or care is
 1770  rendered and for the area in which the services, supplies, or
 1771  care is rendered. The applicable fee schedule or payment
 1772  limitation applies to services, supplies, or care rendered
 1773  during that service year notwithstanding any subsequent change
 1774  made to the fee schedule or payment limitation; however, it may
 1775  not be less than the allowable amount under the applicable
 1776  schedule of Medicare Part B for 2007 for medical services,
 1777  supplies, and care subject to Medicare Part B. For purposes of
 1778  this subparagraph, the term “service year” means the period from
 1779  March 1 through the end of February of the following year.
 1780         3. For purposes of subparagraph 1., the applicable fee
 1781  schedule or payment limitation under workers’ compensation is
 1782  determined under s. 440.13 and rules adopted thereunder which
 1783  are in effect at the time such services, supplies, or care is
 1784  provided.
 1785         4. Subparagraph 1. does not authorize the insurer to apply
 1786  any limitation on the number of treatments or other utilization
 1787  limits that apply under Medicare or workers’ compensation. An
 1788  insurer that applies the allowable payment limitations of
 1789  subparagraph 1. must reimburse a provider who lawfully provided
 1790  medical care under the scope of his or her license, regardless
 1791  of whether the provider is entitled to reimbursement under
 1792  Medicare or workers’ compensation due to restrictions or
 1793  limitations on the types or discipline of health care providers
 1794  who may be reimbursed for particular procedures or procedure
 1795  codes. However, subparagraph 1. does not prohibit an insurer
 1796  from using the Medicare coding policies and payment
 1797  methodologies of the federal Centers for Medicare and Medicaid
 1798  Services, including applicable modifiers, to determine the
 1799  appropriate amount of reimbursement for medical services,
 1800  supplies, or care, if the coding policy or payment methodology
 1801  does not constitute a utilization limit.
 1802         5. If an insurer limits payment as authorized by
 1803  subparagraph 1., the person providing such medical care may not
 1804  bill or attempt to collect from the insured any amount in excess
 1805  of such limits, except for amounts that are not covered by the
 1806  insured’s medical payments benefits due to the maximum policy
 1807  limits.
 1808         6. An insurer may limit payment as authorized by this
 1809  paragraph only if the insurance policy includes a notice at the
 1810  time of issuance or renewal that the insurer may limit payment
 1811  pursuant to the schedule of charges specified in this paragraph.
 1812  A policy form approved by the office satisfies this requirement.
 1813  If a provider submits a charge for an amount less than the
 1814  amount allowed under subparagraph 1., the insurer may pay the
 1815  amount of the charge submitted.
 1816         (b)1. An insurer or insured is not required to pay a claim
 1817  or charges:
 1818         a. For any service or treatment that was not lawful at the
 1819  time rendered;
 1820         b. To any person who knowingly submits a false or
 1821  misleading statement relating to the claim or charges; or
 1822         c. For any treatment or service that is upcoded or that is
 1823  unbundled when the treatment or services should be bundled. To
 1824  facilitate prompt payment of lawful services, an insurer may
 1825  change codes that it determines have been improperly or
 1826  incorrectly upcoded or unbundled and may make payment based on
 1827  the changed codes, without affecting the right of the provider
 1828  to dispute the change by the insurer, if, before doing so, the
 1829  insurer contacts the health care provider and discusses the
 1830  reasons for the insurer’s change and the health care provider’s
 1831  reason for the coding, or makes a reasonable good faith effort
 1832  to do so, as documented in the insurer’s file.
 1833         2. The Department of Health, in consultation with the
 1834  appropriate professional licensing boards, shall adopt by rule a
 1835  list of diagnostic tests deemed not to be medically necessary
 1836  for use in the treatment of persons sustaining bodily injury
 1837  covered by medical payments benefits under this section. The
 1838  list must be revised from time to time as determined by the
 1839  Department of Health in consultation with the respective
 1840  professional licensing boards. Inclusion of a test on the list
 1841  must be based on a lack of demonstrated medical value and a
 1842  level of general acceptance by the relevant provider community
 1843  and may not be dependent on results based entirely upon
 1844  subjective patient response. Notwithstanding its inclusion on a
 1845  fee schedule in this subsection, an insurer or insured is not
 1846  required to pay any charges or reimburse claims for an invalid
 1847  diagnostic test as determined by the Department of Health.
 1848         (c) With respect to any medical care other than medical
 1849  services billed by a hospital or other provider for emergency
 1850  services and care, as defined in s. 395.002, or inpatient
 1851  services rendered at a hospital-owned facility, the statement of
 1852  charges must be furnished to the insurer by the provider.
 1853         (d) All statements and bills for medical services rendered
 1854  by a physician, hospital, clinic, or other person or institution
 1855  must be submitted to the insurer on a properly completed Centers
 1856  for Medicare and Medicaid Services Form CMS-1500, a UB-92 form,
 1857  or any other standard form approved by the office and adopted by
 1858  the commission for purposes of this paragraph. All billings for
 1859  such services rendered by providers must, to the extent
 1860  applicable, comply with the Form CMS-1500 instructions, the
 1861  codes established by the American Medical Association’s Current
 1862  Procedural Terminology Editorial Panel, and the Healthcare
 1863  Common Procedure Coding System (HCPCS) and must follow the
 1864  Physicians’ Current Procedural Terminology (CPT), the HCPCS in
 1865  effect for the year in which services are rendered, and the
 1866  International Classification of Diseases adopted by the United
 1867  States Department of Health and Human Services in effect for the
 1868  year in which services are rendered. The guidance for
 1869  determining compliance with applicable CPT and HCPCS coding must
 1870  be provided by the CPT or the HCPCS in effect for the year in
 1871  which services were rendered, the Office of the Inspector
 1872  General, Physicians Compliance Guidelines, and other
 1873  authoritative treatises designated by rule by the Agency for
 1874  Health Care Administration. A statement of medical services may
 1875  not include charges for medical services of a person or entity
 1876  that performed such services without possessing the valid
 1877  licenses required to perform such services.
 1878         (6) CIVIL ACTION FOR INSURANCE FRAUD.—An insurer has a
 1879  cause of action against any person convicted of, or who,
 1880  regardless of adjudication of guilt, pleads guilty or nolo
 1881  contendere to, insurance fraud under s. 817.234, patient
 1882  brokering under s. 817.505, or kickbacks under s. 456.054,
 1883  associated with a claim for medical payments coverage benefits
 1884  in accordance with this section. An insurer prevailing in an
 1885  action brought under this subsection may recover compensatory,
 1886  consequential, and punitive damages subject to the requirements
 1887  and limitations of part II of chapter 768 and attorney fees and
 1888  costs incurred in litigating a cause of action against any
 1889  person convicted of, or who, regardless of adjudication of
 1890  guilt, pleads guilty or nolo contendere to, insurance fraud
 1891  under s. 817.234, patient brokering under s. 817.505, or
 1892  kickbacks under s. 456.054, associated with a claim for medical
 1893  payments coverage benefits in accordance with this section.
 1894         (7) FRAUD ADVISORY NOTICE.—Upon receiving notice of a claim
 1895  under this section, an insurer shall provide a notice to the
 1896  insured or to a person for whom a claim for reimbursement for
 1897  diagnosis or treatment of injuries has been filed, advising
 1898  that:
 1899         (a) Pursuant to s. 626.9892, the department may pay rewards
 1900  of up to $25,000 to persons who provide information leading to
 1901  the arrest and conviction of persons committing crimes
 1902  investigated by the Division of Investigative and Forensic
 1903  Services arising from violations of s. 440.105, s. 624.15, s.
 1904  626.9541, s. 626.989, or s. 817.234.
 1905         (b) Solicitation of a person injured in a motor vehicle
 1906  crash for purposes of filing medical payments coverage or tort
 1907  claims could be a violation of s. 817.234, s. 817.505, or the
 1908  rules regulating The Florida Bar and should be immediately
 1909  reported to the Division of Investigative and Forensic Services
 1910  if such conduct has taken place.
 1911         (8) NONREIMBURSABLE CLAIMS.—Claims generated as a result of
 1912  activities that are unlawful pursuant to s. 817.505 are not
 1913  reimbursable.
 1914         (9) SECURE ELECTRONIC DATA TRANSFER.—A notice,
 1915  documentation, transmission, or communication of any kind
 1916  required or authorized under this section may be transmitted
 1917  electronically if it is transmitted by secure electronic data
 1918  transfer that is consistent with state and federal privacy and
 1919  security laws.
 1920         Section 40. Subsections (1) and (7) of section 627.727,
 1921  Florida Statutes, are amended, and present subsections (8), (9),
 1922  and (10) of that section are redesignated as subsections (7),
 1923  (8), and (9), respectively, to read:
 1924         627.727 Motor vehicle insurance; uninsured and underinsured
 1925  vehicle coverage; insolvent insurer protection.—
 1926         (1) A No motor vehicle liability insurance policy that
 1927  which provides bodily injury liability coverage may not shall be
 1928  delivered or issued for delivery in this state with respect to
 1929  any specifically insured or identified motor vehicle registered
 1930  or principally garaged in this state, unless uninsured motor
 1931  vehicle coverage is provided therein or supplemental thereto for
 1932  the protection of persons insured thereunder who are legally
 1933  entitled to recover damages from owners or operators of
 1934  uninsured motor vehicles because of bodily injury, sickness, or
 1935  disease, including death, resulting therefrom. However, the
 1936  coverage required under this section is not applicable if when,
 1937  or to the extent that, an insured named in the policy makes a
 1938  written rejection of the coverage on behalf of all insureds
 1939  under the policy. If When a motor vehicle is leased for a period
 1940  of 1 year or longer and the lessor of such vehicle, by the terms
 1941  of the lease contract, provides liability coverage on the leased
 1942  vehicle, the lessee of such vehicle has shall have the sole
 1943  privilege to reject uninsured motorist coverage or to select
 1944  lower limits than the bodily injury liability limits, regardless
 1945  of whether the lessor is qualified as a self-insurer pursuant to
 1946  s. 324.171. Unless an insured, or lessee having the privilege of
 1947  rejecting uninsured motorist coverage, requests such coverage or
 1948  requests higher uninsured motorist limits in writing, the
 1949  coverage or such higher uninsured motorist limits need not be
 1950  provided in or supplemental to any other policy which renews,
 1951  extends, changes, supersedes, or replaces an existing policy
 1952  with the same bodily injury liability limits when an insured or
 1953  lessee had rejected the coverage. When an insured or lessee has
 1954  initially selected limits of uninsured motorist coverage lower
 1955  than her or his bodily injury liability limits, higher limits of
 1956  uninsured motorist coverage need not be provided in or
 1957  supplemental to any other policy that which renews, extends,
 1958  changes, supersedes, or replaces an existing policy with the
 1959  same bodily injury liability limits unless an insured requests
 1960  higher uninsured motorist coverage in writing. The rejection or
 1961  selection of lower limits must shall be made on a form approved
 1962  by the office. The form must shall fully advise the applicant of
 1963  the nature of the coverage and must shall state that the
 1964  coverage is equal to bodily injury liability limits unless lower
 1965  limits are requested or the coverage is rejected. The heading of
 1966  the form must shall be in 12-point bold type and must shall
 1967  state: “You are electing not to purchase certain valuable
 1968  coverage that which protects you and your family or you are
 1969  purchasing uninsured motorist limits less than your bodily
 1970  injury liability limits when you sign this form. Please read
 1971  carefully.” If this form is signed by a named insured, it will
 1972  be conclusively presumed that there was an informed, knowing
 1973  rejection of coverage or election of lower limits on behalf of
 1974  all insureds. The insurer shall notify the named insured at
 1975  least annually of her or his options as to the coverage required
 1976  by this section. Such notice must shall be part of, and attached
 1977  to, the notice of premium, must shall provide for a means to
 1978  allow the insured to request such coverage, and must shall be
 1979  given in a manner approved by the office. Receipt of this notice
 1980  does not constitute an affirmative waiver of the insured’s right
 1981  to uninsured motorist coverage if where the insured has not
 1982  signed a selection or rejection form. The coverage described
 1983  under this section must shall be over and above, but may shall
 1984  not duplicate, the benefits available to an insured under any
 1985  workers’ compensation law, personal injury protection benefits,
 1986  disability benefits law, or similar law; under any automobile
 1987  medical payments expense coverage; under any motor vehicle
 1988  liability insurance coverage; or from the owner or operator of
 1989  the uninsured motor vehicle or any other person or organization
 1990  jointly or severally liable together with such owner or operator
 1991  for the accident; and such coverage must shall cover the
 1992  difference, if any, between the sum of such benefits and the
 1993  damages sustained, up to the maximum amount of such coverage
 1994  provided under this section. The amount of coverage available
 1995  under this section may shall not be reduced by a setoff against
 1996  any coverage, including liability insurance. Such coverage does
 1997  shall not inure directly or indirectly to the benefit of any
 1998  workers’ compensation or disability benefits carrier or any
 1999  person or organization qualifying as a self-insurer under any
 2000  workers’ compensation or disability benefits law or similar law.
 2001         (7) The legal liability of an uninsured motorist coverage
 2002  insurer does not include damages in tort for pain, suffering,
 2003  mental anguish, and inconvenience unless the injury or disease
 2004  is described in one or more of paragraphs (a)-(d) of s.
 2005  627.737(2).
 2006         Section 41. Subsection (1) and paragraphs (a) and (b) of
 2007  subsection (2) of section 627.7275, Florida Statutes, are
 2008  amended to read:
 2009         627.7275 Motor vehicle liability.—
 2010         (1) A motor vehicle insurance policy providing personal
 2011  injury protection as set forth in s. 627.736 may not be
 2012  delivered or issued for delivery in this state for a with
 2013  respect to any specifically insured or identified motor vehicle
 2014  registered or principally garaged in this state must provide
 2015  bodily injury liability coverage and unless the policy also
 2016  provides coverage for property damage liability coverage as
 2017  required under by s. 324.022, and medical payments coverage as
 2018  required under s. 627.7265.
 2019         (2)(a) Insurers writing motor vehicle insurance in this
 2020  state shall make available, subject to the insurers’ usual
 2021  underwriting restrictions:
 2022         1. Coverage under policies as described in subsection (1)
 2023  to an applicant for private passenger motor vehicle insurance
 2024  coverage who is seeking the coverage in order to reinstate the
 2025  applicant’s driving privileges in this state if the driving
 2026  privileges were revoked or suspended pursuant to s. 316.646 or
 2027  s. 324.0221 due to the failure of the applicant to maintain
 2028  required security.
 2029         2. Coverage under policies as described in subsection (1),
 2030  which includes bodily injury also provides liability coverage
 2031  and property damage liability coverage for bodily injury, death,
 2032  and property damage arising out of the ownership, maintenance,
 2033  or use of the motor vehicle in an amount not less than the
 2034  minimum limits required under described in s. 324.021(7) or s.
 2035  324.023 and which conforms to the requirements of s. 324.151, to
 2036  an applicant for private passenger motor vehicle insurance
 2037  coverage who is seeking the coverage in order to reinstate the
 2038  applicant’s driving privileges in this state after such
 2039  privileges were revoked or suspended under s. 316.193 or s.
 2040  322.26(2) for driving under the influence.
 2041         (b) The policies described in paragraph (a) must shall be
 2042  issued for at least 6 months and, as to the minimum coverages
 2043  required under this section, may not be canceled by the insured
 2044  for any reason or by the insurer after 60 days, during which
 2045  period the insurer is completing the underwriting of the policy.
 2046  After the insurer has completed underwriting the policy, the
 2047  insurer shall notify the Department of Highway Safety and Motor
 2048  Vehicles that the policy is in full force and effect and is not
 2049  cancelable for the remainder of the policy period. A premium
 2050  must shall be collected and the coverage is in effect for the
 2051  60-day period during which the insurer is completing the
 2052  underwriting of the policy, whether or not the person’s driver
 2053  license, motor vehicle tag, and motor vehicle registration are
 2054  in effect. Once the noncancelable provisions of the policy
 2055  become effective, the bodily injury liability and property
 2056  damage liability coverages for bodily injury, property damage,
 2057  and personal injury protection may not be reduced below the
 2058  minimum limits required under s. 324.021 or s. 324.023 during
 2059  the policy period, and the medical payments coverage may not be
 2060  reduced below the minimum limit required under s. 627.7265.
 2061         Section 42. Paragraph (a) of subsection (1) of section
 2062  627.728, Florida Statutes, is amended to read:
 2063         627.728 Cancellations; nonrenewals.—
 2064         (1) As used in this section, the term:
 2065         (a) “Policy” means the bodily injury and property damage
 2066  liability, personal injury protection, medical payments,
 2067  comprehensive, collision, and uninsured motorist coverage
 2068  portions of a policy of motor vehicle insurance delivered or
 2069  issued for delivery in this state:
 2070         1. Insuring a natural person as named insured or one or
 2071  more related individuals who are residents resident of the same
 2072  household; and
 2073         2. Insuring only a motor vehicle of the private passenger
 2074  type or station wagon type which is not used as a public or
 2075  livery conveyance for passengers or rented to others; or
 2076  insuring any other four-wheel motor vehicle having a load
 2077  capacity of 1,500 pounds or less which is not used in the
 2078  occupation, profession, or business of the insured other than
 2079  farming; other than any policy issued under an automobile
 2080  insurance assigned risk plan or covering garage, automobile
 2081  sales agency, repair shop, service station, or public parking
 2082  place operation hazards.
 2083  
 2084  The term “policy” does not include a binder as defined in s.
 2085  627.420 unless the duration of the binder period exceeds 60
 2086  days.
 2087         Section 43. Subsection (1), paragraph (a) of subsection
 2088  (5), and subsections (6) and (7) of section 627.7295, Florida
 2089  Statutes, are amended to read:
 2090         627.7295 Motor vehicle insurance contracts.—
 2091         (1) As used in this section, the term:
 2092         (a) “Policy” means a motor vehicle insurance policy that
 2093  provides bodily injury liability personal injury protection
 2094  coverage, property damage liability coverage, and medical
 2095  payments coverage or both.
 2096         (b) “Binder” means a binder that provides motor vehicle
 2097  bodily injury liability coverage, personal injury protection and
 2098  property damage liability coverage, and medical payments
 2099  coverage.
 2100         (5)(a) A licensed general lines agent may charge a per
 2101  policy fee up to not to exceed $10 to cover the administrative
 2102  costs of the agent associated with selling the motor vehicle
 2103  insurance policy if the policy covers only bodily injury
 2104  liability coverage, personal injury protection coverage as
 2105  provided by s. 627.736 and property damage liability coverage,
 2106  and medical payments coverage as provided by s. 627.7275 and if
 2107  no other insurance is sold or issued in conjunction with or
 2108  collateral to the policy. The fee is not considered part of the
 2109  premium.
 2110         (6) If a motor vehicle owner’s driver license, license
 2111  plate, and registration have previously been suspended pursuant
 2112  to s. 316.646 or s. 627.733, an insurer may cancel a new policy
 2113  only as provided in s. 627.7275.
 2114         (7) A policy of private passenger motor vehicle insurance
 2115  or a binder for such a policy may be initially issued in this
 2116  state only if, before the effective date of such binder or
 2117  policy, the insurer or agent has collected from the insured an
 2118  amount equal to 2 months’ premium from the insured. An insurer,
 2119  agent, or premium finance company may not, directly or
 2120  indirectly, take any action that results resulting in the
 2121  insured paying having paid from the insured’s own funds an
 2122  amount less than the 2 months’ premium required by this
 2123  subsection. This subsection applies without regard to whether
 2124  the premium is financed by a premium finance company or is paid
 2125  pursuant to a periodic payment plan of an insurer or an
 2126  insurance agent.
 2127         (a) This subsection does not apply:
 2128         1. If an insured or member of the insured’s family is
 2129  renewing or replacing a policy or a binder for such policy
 2130  written by the same insurer or a member of the same insurer
 2131  group. This subsection does not apply
 2132         2. To an insurer that issues private passenger motor
 2133  vehicle coverage primarily to active duty or former military
 2134  personnel or their dependents. This subsection does not apply
 2135         3. If all policy payments are paid pursuant to a payroll
 2136  deduction plan, an automatic electronic funds transfer payment
 2137  plan from the policyholder, or a recurring credit card or debit
 2138  card agreement with the insurer.
 2139         (b) This subsection and subsection (4) do not apply if:
 2140         1. All policy payments to an insurer are paid pursuant to
 2141  an automatic electronic funds transfer payment plan from an
 2142  agent, a managing general agent, or a premium finance company
 2143  and if the policy includes, at a minimum, bodily injury
 2144  liability coverage, personal injury protection pursuant to ss.
 2145  627.730-627.7405; motor vehicle property damage liability
 2146  coverage, and medical payments coverage pursuant to s. 627.7275;
 2147  or and bodily injury liability in at least the amount of $10,000
 2148  because of bodily injury to, or death of, one person in any one
 2149  accident and in the amount of $20,000 because of bodily injury
 2150  to, or death of, two or more persons in any one accident. This
 2151  subsection and subsection (4) do not apply if
 2152         2. An insured has had a policy in effect for at least 6
 2153  months, the insured’s agent is terminated by the insurer that
 2154  issued the policy, and the insured obtains coverage on the
 2155  policy’s renewal date with a new company through the terminated
 2156  agent.
 2157         Section 44. Subsections (1) and (2) of section 627.7415,
 2158  Florida Statutes, are amended to read:
 2159         627.7415 Commercial motor vehicles; additional liability
 2160  insurance coverage.—Commercial motor vehicles, as defined in s.
 2161  207.002 or s. 320.01, operated upon the roads and highways of
 2162  this state shall be insured with the following minimum levels of
 2163  combined bodily liability insurance and property damage
 2164  liability insurance under subsections (1) and (2) in addition to
 2165  any other insurance requirements.:
 2166         (1) Fifty thousand dollars per occurrence For a commercial
 2167  motor vehicle with a gross vehicle weight of 26,000 pounds or
 2168  more, but less than 35,000 pounds:
 2169         (a) Beginning January 1, 2019, through December 31, 2020,
 2170  no less than $50,000 per occurrence.
 2171         (b) Beginning January 1, 2021, through December 31, 2022,
 2172  no less than $60,000 per occurrence.
 2173         (c) Beginning January 1, 2023, and thereafter, no less than
 2174  $70,000 per occurrence.
 2175         (2) One hundred thousand dollars per occurrence For a
 2176  commercial motor vehicle with a gross vehicle weight of 35,000
 2177  pounds or more, but less than 44,000 pounds:
 2178         (a) Beginning January 1, 2019, through December 31, 2020,
 2179  no less than $100,000 per occurrence.
 2180         (b) Beginning January 1, 2021, through December 31, 2022,
 2181  no less than $120,000 per occurrence.
 2182         (c) Beginning January 1, 2023, and thereafter, no less than
 2183  $140,000 per occurrence.
 2184  
 2185  A violation of this section is a noncriminal traffic infraction,
 2186  punishable as a nonmoving violation as provided in chapter 318.
 2187         Section 45. Section 627.8405, Florida Statutes, is amended
 2188  to read:
 2189         627.8405 Prohibited acts; financing companies.—A No premium
 2190  finance company shall, in a premium finance agreement or other
 2191  agreement, may not finance the cost of or otherwise provide for
 2192  the collection or remittance of dues, assessments, fees, or
 2193  other periodic payments of money for the cost of:
 2194         (1) A membership in an automobile club. The term
 2195  “automobile club” means a legal entity that which, in
 2196  consideration of dues, assessments, or periodic payments of
 2197  money, promises its members or subscribers to assist them in
 2198  matters relating to the ownership, operation, use, or
 2199  maintenance of a motor vehicle; however, the term this
 2200  definition of “automobile club” does not include persons,
 2201  associations, or corporations which are organized and operated
 2202  solely for the purpose of conducting, sponsoring, or sanctioning
 2203  motor vehicle races, exhibitions, or contests upon racetracks,
 2204  or upon racecourses established and marked as such for the
 2205  duration of such particular events. The term words “motor
 2206  vehicle” used herein has have the same meaning as defined in
 2207  chapter 320.
 2208         (2) An accidental death and dismemberment policy sold in
 2209  combination with a policy providing only medical payments
 2210  coverage, bodily injury liability coverage, personal injury
 2211  protection and property damage liability coverage only policy.
 2212         (3) Any product not regulated under the provisions of this
 2213  insurance code.
 2214  
 2215  This section also applies to premium financing by any insurance
 2216  agent or insurance company under part XVI. The commission shall
 2217  adopt rules to assure disclosure, at the time of sale, of
 2218  coverages financed with personal injury protection and shall
 2219  prescribe the form of such disclosure.
 2220         Section 46. Subsection (1) of section 627.915, Florida
 2221  Statutes, is amended to read:
 2222         627.915 Insurer experience reporting.—
 2223         (1) Each insurer transacting private passenger automobile
 2224  insurance in this state shall report certain information
 2225  annually to the office. The information will be due on or before
 2226  July 1 of each year. The information must shall be divided into
 2227  the following categories: bodily injury liability; property
 2228  damage liability; uninsured motorist; personal injury protection
 2229  benefits; medical payments; and comprehensive and collision. The
 2230  information given must shall be on direct insurance writings in
 2231  the state alone and shall represent total limits data. The
 2232  information set forth in paragraphs (a)-(f) is applicable to
 2233  voluntary private passenger and Joint Underwriting Association
 2234  private passenger writings and must shall be reported for each
 2235  of the latest 3 calendar-accident years, with an evaluation date
 2236  of March 31 of the current year. The information set forth in
 2237  paragraphs (g)-(j) is applicable to voluntary private passenger
 2238  writings and must shall be reported on a calendar-accident year
 2239  basis ultimately seven times at seven different stages of
 2240  development.
 2241         (a) Premiums earned for the latest 3 calendar-accident
 2242  years.
 2243         (b) Loss development factors and the historic development
 2244  of those factors.
 2245         (c) Policyholder dividends incurred.
 2246         (d) Expenses for other acquisition and general expense.
 2247         (e) Expenses for agents’ commissions and taxes, licenses,
 2248  and fees.
 2249         (f) Profit and contingency factors as utilized in the
 2250  insurer’s automobile rate filings for the applicable years.
 2251         (g) Losses paid.
 2252         (h) Losses unpaid.
 2253         (i) Loss adjustment expenses paid.
 2254         (j) Loss adjustment expenses unpaid.
 2255         Section 47. Subsections (2) and (3) of section 628.909,
 2256  Florida Statutes, are amended to read:
 2257         628.909 Applicability of other laws.—
 2258         (2) The following provisions of the Florida Insurance Code
 2259  apply to captive insurance companies who are not industrial
 2260  insured captive insurance companies to the extent that such
 2261  provisions are not inconsistent with this part:
 2262         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 2263  624.40851, 624.4095, 624.411, 624.425, and 624.426.
 2264         (b) Chapter 625, part II.
 2265         (c) Chapter 626, part IX.
 2266         (d) Sections 627.730-627.7405, when no-fault coverage is
 2267  provided.
 2268         (e) Chapter 628.
 2269         (3) The following provisions of the Florida Insurance Code
 2270  shall apply to industrial insured captive insurance companies to
 2271  the extent that such provisions are not inconsistent with this
 2272  part:
 2273         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 2274  624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1).
 2275         (b) Chapter 625, part II, if the industrial insured captive
 2276  insurance company is incorporated in this state.
 2277         (c) Chapter 626, part IX.
 2278         (d) Sections 627.730-627.7405 when no-fault coverage is
 2279  provided.
 2280         (e) Chapter 628, except for ss. 628.341, 628.351, and
 2281  628.6018.
 2282         Section 48. Subsections (2), (6), and (7) of section
 2283  705.184, Florida Statutes, are amended to read:
 2284         705.184 Derelict or abandoned motor vehicles on the
 2285  premises of public-use airports.—
 2286         (2) The airport director or the director’s designee shall
 2287  contact the Department of Highway Safety and Motor Vehicles to
 2288  notify that department that the airport has possession of the
 2289  abandoned or derelict motor vehicle and to determine the name
 2290  and address of the owner of the motor vehicle, the insurance
 2291  company insuring the motor vehicle, notwithstanding the
 2292  provisions of s. 627.736, and any person who has filed a lien on
 2293  the motor vehicle. Within 7 business days after receipt of the
 2294  information, the director or the director’s designee shall send
 2295  notice by certified mail, return receipt requested, to the owner
 2296  of the motor vehicle, the insurance company insuring the motor
 2297  vehicle, notwithstanding the provisions of s. 627.736, and all
 2298  persons of record claiming a lien against the motor vehicle. The
 2299  notice must shall state the fact of possession of the motor
 2300  vehicle, that charges for reasonable towing, storage, and
 2301  parking fees, if any, have accrued and the amount thereof, that
 2302  a lien as provided in subsection (6) will be claimed, that the
 2303  lien is subject to enforcement pursuant to law, that the owner
 2304  or lienholder, if any, has the right to a hearing as set forth
 2305  in subsection (4), and that any motor vehicle which, at the end
 2306  of 30 calendar days after receipt of the notice, has not been
 2307  removed from the airport upon payment in full of all accrued
 2308  charges for reasonable towing, storage, and parking fees, if
 2309  any, may be disposed of as provided in s. 705.182(2)(a), (b),
 2310  (d), or (e), including, but not limited to, the motor vehicle
 2311  being sold free of all prior liens after 35 calendar days after
 2312  the time the motor vehicle is stored if any prior liens on the
 2313  motor vehicle are more than 5 years of age or after 50 calendar
 2314  days after the time the motor vehicle is stored if any prior
 2315  liens on the motor vehicle are 5 years of age or less.
 2316         (6) The airport pursuant to this section or, if used, a
 2317  licensed independent wrecker company pursuant to s. 713.78 shall
 2318  have a lien on an abandoned or derelict motor vehicle for all
 2319  reasonable towing, storage, and accrued parking fees, if any,
 2320  except that no storage fee may shall be charged if the motor
 2321  vehicle is stored less than 6 hours. As a prerequisite to
 2322  perfecting a lien under this section, the airport director or
 2323  the director’s designee must serve a notice in accordance with
 2324  subsection (2) on the owner of the motor vehicle, the insurance
 2325  company insuring the motor vehicle, notwithstanding the
 2326  provisions of s. 627.736, and all persons of record claiming a
 2327  lien against the motor vehicle. If attempts to notify the owner,
 2328  the insurance company insuring the motor vehicle,
 2329  notwithstanding the provisions of s. 627.736, or lienholders are
 2330  not successful, the requirement of notice by mail shall be
 2331  considered met. Serving of the notice does not dispense with
 2332  recording the claim of lien.
 2333         (7)(a) For the purpose of perfecting its lien under this
 2334  section, the airport shall record a claim of lien which states
 2335  shall state:
 2336         1. The name and address of the airport.
 2337         2. The name of the owner of the motor vehicle, the
 2338  insurance company insuring the motor vehicle, notwithstanding
 2339  the provisions of s. 627.736, and all persons of record claiming
 2340  a lien against the motor vehicle.
 2341         3. The costs incurred from reasonable towing, storage, and
 2342  parking fees, if any.
 2343         4. A description of the motor vehicle sufficient for
 2344  identification.
 2345         (b) The claim of lien must shall be signed and sworn to or
 2346  affirmed by the airport director or the director’s designee.
 2347         (c) The claim of lien is shall be sufficient if it is in
 2348  substantially the following form:
 2349  
 2350                            CLAIM OF LIEN                          
 2351  State of ........
 2352  County of ........
 2353  Before me, the undersigned notary public, personally appeared
 2354  ........, who was duly sworn and says that he/she is the
 2355  ........ of ............, whose address is........; and that the
 2356  following described motor vehicle:
 2357  ...(Description of motor vehicle)...
 2358  owned by ........, whose address is ........, has accrued
 2359  $........ in fees for a reasonable tow, for storage, and for
 2360  parking, if applicable; that the lienor served its notice to the
 2361  owner, the insurance company insuring the motor vehicle
 2362  notwithstanding the provisions of s. 627.736, Florida Statutes,
 2363  and all persons of record claiming a lien against the motor
 2364  vehicle on ...., ...(year)..., by.........
 2365  ...(Signature)...
 2366  Sworn to (or affirmed) and subscribed before me this .... day of
 2367  ...., ...(year)..., by ...(name of person making statement)....
 2368  ...(Signature of Notary Public)......(Print, Type, or Stamp
 2369  Commissioned name of Notary Public)...
 2370  Personally Known....OR Produced....as identification.
 2371  
 2372  However, the negligent inclusion or omission of any information
 2373  in this claim of lien which does not prejudice the owner does
 2374  not constitute a default that operates to defeat an otherwise
 2375  valid lien.
 2376         (d) The claim of lien must shall be served on the owner of
 2377  the motor vehicle, the insurance company insuring the motor
 2378  vehicle, notwithstanding the provisions of s. 627.736, and all
 2379  persons of record claiming a lien against the motor vehicle. If
 2380  attempts to notify the owner, the insurance company insuring the
 2381  motor vehicle notwithstanding the provisions of s. 627.736, or
 2382  lienholders are not successful, the requirement of notice by
 2383  mail shall be considered met. The claim of lien must shall be so
 2384  served before recordation.
 2385         (e) The claim of lien must shall be recorded with the clerk
 2386  of court in the county where the airport is located. The
 2387  recording of the claim of lien shall be constructive notice to
 2388  all persons of the contents and effect of such claim. The lien
 2389  attaches shall attach at the time of recordation and takes shall
 2390  take priority as of that time.
 2391         Section 49. Subsection (4) of section 713.78, Florida
 2392  Statutes, is amended to read:
 2393         713.78 Liens for recovering, towing, or storing vehicles
 2394  and vessels.—
 2395         (4)(a) Any person regularly engaged in the business of
 2396  recovering, towing, or storing vehicles or vessels who comes
 2397  into possession of a vehicle or vessel pursuant to subsection
 2398  (2), and who claims a lien for recovery, towing, or storage
 2399  services, shall give notice to the registered owner, the
 2400  insurance company insuring the vehicle notwithstanding the
 2401  provisions of s. 627.736, and to all persons claiming a lien
 2402  thereon, as disclosed by the records in the Department of
 2403  Highway Safety and Motor Vehicles or as disclosed by the records
 2404  of any corresponding agency in any other state in which the
 2405  vehicle is identified through a records check of the National
 2406  Motor Vehicle Title Information System or an equivalent
 2407  commercially available system as being titled or registered.
 2408         (b) If a Whenever any law enforcement agency authorizes the
 2409  removal of a vehicle or vessel or if a whenever any towing
 2410  service, garage, repair shop, or automotive service, storage, or
 2411  parking place notifies the law enforcement agency of possession
 2412  of a vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
 2413  enforcement agency of the jurisdiction where the vehicle or
 2414  vessel is stored shall contact the Department of Highway Safety
 2415  and Motor Vehicles, or the appropriate agency of the state of
 2416  registration, if known, within 24 hours through the medium of
 2417  electronic communications, giving the full description of the
 2418  vehicle or vessel. Upon receipt of the full description of the
 2419  vehicle or vessel, the department shall search its files to
 2420  determine the owner’s name, the insurance company insuring the
 2421  vehicle or vessel, and whether any person has filed a lien upon
 2422  the vehicle or vessel as provided in s. 319.27(2) and (3) and
 2423  notify the applicable law enforcement agency within 72 hours.
 2424  The person in charge of the towing service, garage, repair shop,
 2425  or automotive service, storage, or parking place shall obtain
 2426  such information from the applicable law enforcement agency
 2427  within 5 days after the date of storage and shall give notice
 2428  pursuant to paragraph (a). The department may release the
 2429  insurance company information to the requestor notwithstanding
 2430  the provisions of s. 627.736.
 2431         (c) Notice by certified mail must shall be sent within 7
 2432  business days after the date of storage of the vehicle or vessel
 2433  to the registered owner, the insurance company insuring the
 2434  vehicle notwithstanding the provisions of s. 627.736, and all
 2435  persons of record claiming a lien against the vehicle or vessel.
 2436  The notice must It shall state the fact of possession of the
 2437  vehicle or vessel, that a lien as provided in subsection (2) is
 2438  claimed, that charges have accrued and the amount thereof, that
 2439  the lien is subject to enforcement pursuant to law, and that the
 2440  owner or lienholder, if any, has the right to a hearing as set
 2441  forth in subsection (5), and that any vehicle or vessel which
 2442  remains unclaimed, or for which the charges for recovery,
 2443  towing, or storage services remain unpaid, may be sold free of
 2444  all prior liens after 35 days if the vehicle or vessel is more
 2445  than 3 years of age or after 50 days if the vehicle or vessel is
 2446  3 years of age or less.
 2447         (d) If attempts to locate the name and address of the owner
 2448  or lienholder prove unsuccessful, the towing-storage operator
 2449  must shall, after 7 working days, excluding Saturday and Sunday,
 2450  of the initial tow or storage, notify the public agency of
 2451  jurisdiction where the vehicle or vessel is stored in writing by
 2452  certified mail or acknowledged hand delivery that the towing
 2453  storage company has been unable to locate the name and address
 2454  of the owner or lienholder and a physical search of the vehicle
 2455  or vessel has disclosed no ownership information and a good
 2456  faith effort has been made, including records checks of the
 2457  Department of Highway Safety and Motor Vehicles database and the
 2458  National Motor Vehicle Title Information System or an equivalent
 2459  commercially available system. As used in For purposes of this
 2460  paragraph and subsection (9), the term “good faith effort” means
 2461  that the following checks have been performed by the company to
 2462  establish prior state of registration and for title:
 2463         1. Check of the Department of Highway Safety and Motor
 2464  Vehicles database for the owner and any lienholder.
 2465         2. Check of the electronic National Motor Vehicle Title
 2466  Information System or an equivalent commercially available
 2467  system to determine the state of registration when there is not
 2468  a current registration record for the vehicle on file with the
 2469  Department of Highway Safety and Motor Vehicles.
 2470         3. Check of vehicle or vessel for any type of tag, tag
 2471  record, temporary tag, or regular tag.
 2472         4. Check of law enforcement report for tag number or other
 2473  information identifying the vehicle or vessel, if the vehicle or
 2474  vessel was towed at the request of a law enforcement officer.
 2475         5. Check of trip sheet or tow ticket of tow truck operator
 2476  to see if a tag was on vehicle or vessel at beginning of tow, if
 2477  private tow.
 2478         6. If there is no address of the owner on the impound
 2479  report, check of law enforcement report to see if an out-of
 2480  state address is indicated from driver license information.
 2481         7. Check of vehicle or vessel for inspection sticker or
 2482  other stickers and decals that may indicate a state of possible
 2483  registration.
 2484         8. Check of the interior of the vehicle or vessel for any
 2485  papers that may be in the glove box, trunk, or other areas for a
 2486  state of registration.
 2487         9. Check of vehicle for vehicle identification number.
 2488         10. Check of vessel for vessel registration number.
 2489         11. Check of vessel hull for a hull identification number
 2490  which should be carved, burned, stamped, embossed, or otherwise
 2491  permanently affixed to the outboard side of the transom or, if
 2492  there is no transom, to the outmost seaboard side at the end of
 2493  the hull that bears the rudder or other steering mechanism.
 2494         Section 50. Paragraph (a) of subsection (1), paragraph (c)
 2495  of subsection (7), paragraphs (a), (b), and (c) of subsection
 2496  (8), and subsections (9) and (10) of section 817.234, Florida
 2497  Statutes, are amended to read:
 2498         817.234 False and fraudulent insurance claims.—
 2499         (1)(a) A person commits insurance fraud punishable as
 2500  provided in subsection (11) if that person, with the intent to
 2501  injure, defraud, or deceive any insurer:
 2502         1. Presents or causes to be presented any written or oral
 2503  statement as part of, or in support of, a claim for payment or
 2504  other benefit pursuant to an insurance policy or a health
 2505  maintenance organization subscriber or provider contract,
 2506  knowing that such statement contains any false, incomplete, or
 2507  misleading information concerning any fact or thing material to
 2508  such claim;
 2509         2. Prepares or makes any written or oral statement that is
 2510  intended to be presented to an any insurer in connection with,
 2511  or in support of, any claim for payment or other benefit
 2512  pursuant to an insurance policy or a health maintenance
 2513  organization subscriber or provider contract, knowing that such
 2514  statement contains any false, incomplete, or misleading
 2515  information concerning any fact or thing material to such claim;
 2516         3.a. Knowingly presents, causes to be presented, or
 2517  prepares or makes with knowledge or belief that it will be
 2518  presented to an any insurer, purported insurer, servicing
 2519  corporation, insurance broker, or insurance agent, or any
 2520  employee or agent thereof, any false, incomplete, or misleading
 2521  information or a written or oral statement as part of, or in
 2522  support of, an application for the issuance of, or the rating
 2523  of, any insurance policy, or a health maintenance organization
 2524  subscriber or provider contract; or
 2525         b. Knowingly conceals information concerning any fact
 2526  material to such application; or
 2527         4. Knowingly presents, causes to be presented, or prepares
 2528  or makes with knowledge or belief that it will be presented to
 2529  any insurer a claim for payment or other benefit under medical
 2530  payments coverage in a motor vehicle a personal injury
 2531  protection insurance policy if the person knows that the payee
 2532  knowingly submitted a false, misleading, or fraudulent
 2533  application or other document when applying for licensure as a
 2534  health care clinic, seeking an exemption from licensure as a
 2535  health care clinic, or demonstrating compliance with part X of
 2536  chapter 400.
 2537         (7)
 2538         (c) An insurer, or any person acting at the direction of or
 2539  on behalf of an insurer, may not change an opinion in a mental
 2540  or physical report prepared under s. 627.736(7) or direct the
 2541  physician preparing the report to change such opinion; however,
 2542  this provision does not preclude the insurer from calling to the
 2543  attention of the physician errors of fact in the report based
 2544  upon information in the claim file. Any person who violates this
 2545  paragraph commits a felony of the third degree, punishable as
 2546  provided in s. 775.082, s. 775.083, or s. 775.084.
 2547         (8)(a) It is unlawful for any person intending to defraud
 2548  any other person to solicit or cause to be solicited any
 2549  business from a person involved in a motor vehicle accident for
 2550  the purpose of making, adjusting, or settling motor vehicle tort
 2551  claims or claims for benefits under medical payments coverage in
 2552  a motor vehicle insurance policy personal injury protection
 2553  benefits required by s. 627.736. Any person who violates the
 2554  provisions of this paragraph commits a felony of the second
 2555  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2556  775.084. A person who is convicted of a violation of this
 2557  subsection shall be sentenced to a minimum term of imprisonment
 2558  of 2 years.
 2559         (b) A person may not solicit or cause to be solicited any
 2560  business from a person involved in a motor vehicle accident by
 2561  any means of communication other than advertising directed to
 2562  the public for the purpose of making motor vehicle tort claims
 2563  or claims for benefits under medical payments coverage in a
 2564  motor vehicle insurance policy personal injury protection
 2565  benefits required by s. 627.736, within 60 days after the
 2566  occurrence of the motor vehicle accident. Any person who
 2567  violates this paragraph commits a felony of the third degree,
 2568  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2569         (c) A lawyer, health care practitioner as defined in s.
 2570  456.001, or owner or medical director of a clinic required to be
 2571  licensed pursuant to s. 400.9905 may not, at any time after 60
 2572  days have elapsed from the occurrence of a motor vehicle
 2573  accident, solicit or cause to be solicited any business from a
 2574  person involved in a motor vehicle accident by means of in
 2575  person or telephone contact at the person’s residence, for the
 2576  purpose of making motor vehicle tort claims or claims for
 2577  benefits under medical payments coverage in a motor vehicle
 2578  insurance policy personal injury protection benefits required by
 2579  s. 627.736. Any person who violates this paragraph commits a
 2580  felony of the third degree, punishable as provided in s.
 2581  775.082, s. 775.083, or s. 775.084.
 2582         (9) A person may not organize, plan, or knowingly
 2583  participate in an intentional motor vehicle crash or a scheme to
 2584  create documentation of a motor vehicle crash that did not occur
 2585  for the purpose of making motor vehicle tort claims or claims
 2586  for benefits under medical payments coverage in a motor vehicle
 2587  insurance policy personal injury protection benefits as required
 2588  by s. 627.736. Any person who violates this subsection commits a
 2589  felony of the second degree, punishable as provided in s.
 2590  775.082, s. 775.083, or s. 775.084. A person who is convicted of
 2591  a violation of this subsection shall be sentenced to a minimum
 2592  term of imprisonment of 2 years.
 2593         (10) A licensed health care practitioner who is found
 2594  guilty of insurance fraud under this section for an act relating
 2595  to a motor vehicle personal injury protection insurance policy
 2596  loses his or her license to practice for 5 years and may not
 2597  receive reimbursement under medical payments coverage in a motor
 2598  vehicle insurance policy for personal injury protection benefits
 2599  for 10 years.
 2600         Section 51. Applicability and construction; notice to
 2601  policyholders.—
 2602         (1) As used in this section, the term “minimum security
 2603  requirements” means security that enables a person to respond in
 2604  damages for liability on account of crashes arising out of the
 2605  ownership, maintenance, or use of a motor vehicle in the amounts
 2606  required by s. 324.021(7), Florida Statutes.
 2607         (2) Effective January 1, 2019:
 2608         (a) Motor vehicle insurance policies issued or renewed on
 2609  or after that date may not include personal injury protection.
 2610         (b) All persons subject to s. 324.022, s. 324.032, s.
 2611  627.7415, or s. 627.742, Florida Statutes, must maintain at
 2612  least minimum security requirements.
 2613         (c) Any new or renewal motor vehicle insurance policy
 2614  delivered or issued for delivery in this state must provide
 2615  coverage that complies with minimum security requirements.
 2616         (d) Any new or renewal motor vehicle insurance policy
 2617  furnished to an owner or operator of a motor vehicle as proof of
 2618  financial responsibility pursuant to s. 324.022 or s. 324.031,
 2619  Florida Statutes, must provide medical payments coverage that
 2620  complies with s. 627.7265, Florida Statutes.
 2621         (e) An existing motor vehicle insurance policy issued
 2622  before that date which provides personal injury protection and
 2623  property damage liability coverage that meets the requirements
 2624  of s. 324.022, Florida Statutes, on December 31, 2018, but which
 2625  does not meet minimum security requirements on or after January
 2626  1, 2019, is deemed to meet the security requirements of s.
 2627  324.022, Florida Statutes, and the medical payments coverage
 2628  requirements of s. 627.7265, Florida Statutes, until such policy
 2629  is renewed, nonrenewed, or canceled on or after January 1, 2019.
 2630         (3) Each insurer shall allow each insured who has a new or
 2631  renewal policy providing personal injury protection, which
 2632  becomes effective before January 1, 2019, and whose policy does
 2633  not meet minimum security requirements on or after January 1,
 2634  2019, to change coverages so as to eliminate personal injury
 2635  protection and obtain coverage providing minimum security
 2636  requirements, which shall be effective on or after January 1,
 2637  2019. The insurer is not required to provide coverage complying
 2638  with minimum security requirements in such policies if the
 2639  insured does not pay the required premium, if any, by January 1,
 2640  2019, or such later date as the insurer may allow. Any reduction
 2641  in the premium must be refunded by the insurer. The insurer may
 2642  not impose on the insured an additional fee or charge that
 2643  applies solely to a change in coverage; however, the insurer may
 2644  charge an additional required premium that is actuarially
 2645  indicated.
 2646         (4) By September 1, 2018, each motor vehicle insurer shall
 2647  provide notice of this section to each motor vehicle
 2648  policyholder who is subject to this section. The notice is
 2649  subject to approval by the Office of Insurance Regulation and
 2650  must clearly inform the policyholder that:
 2651         (a) The Florida Motor Vehicle No-Fault Law is repealed,
 2652  effective January 1, 2019, and that on or after that date, the
 2653  insured is no longer required to maintain personal injury
 2654  protection insurance coverage, that personal injury protection
 2655  coverage is no longer available for purchase in this state, and
 2656  that all new or renewal policies issued on or after that date do
 2657  not contain such coverage.
 2658         (b) Effective January 1, 2019, a person subject to the
 2659  financial responsibility requirements of s. 324.022, Florida
 2660  Statutes, must maintain minimum security requirements that
 2661  enable the person to respond in damages for liability on account
 2662  of accidents arising out of the use of a motor vehicle in the
 2663  following amounts:
 2664         1.Beginning January 1, 2019, and continuing through
 2665  December 31, 2020:
 2666         a. Twenty thousand dollars for bodily injury to, or the
 2667  death of, one person in any one crash and, subject to such
 2668  limits for one person, in the amount of $40,000 for bodily
 2669  injury to, or the death of, two or more persons in any one
 2670  crash; and
 2671         b.Ten thousand dollars for damage to, or destruction of,
 2672  the property of others in any one crash.
 2673         2. Beginning January 1, 2021, and continuing through
 2674  December 31, 2022:
 2675         a. Twenty-five thousand dollars for bodily injury to, or
 2676  the death of, one person in any one crash and, subject to such
 2677  limits for one person, in the amount of $50,000 for bodily
 2678  injury to, or the death of, two or more persons in any one
 2679  crash; and
 2680         b.Ten thousand dollars for damage to, or destruction of,
 2681  the property of others in any one crash.
 2682         3. Beginning January 1, 2023, and continuing thereafter:
 2683         a.Thirty thousand dollars for bodily injury to, or the
 2684  death of, one person in any one crash and, subject to such
 2685  limits for one person, in the amount of $60,000 for bodily
 2686  injury to, or the death of, two or more persons in any one
 2687  crash; and
 2688         b.Ten thousand dollars for damage to, or destruction of,
 2689  the property of others in any one crash.
 2690         (c) Personal injury protection insurance paid covered
 2691  medical expenses for injuries sustained in a motor vehicle crash
 2692  by the policyholder, passengers, and relatives residing in the
 2693  policyholder’s household.
 2694         (d) Bodily injury liability coverage protects the insured,
 2695  up to the coverage limits, against loss if the insured is
 2696  legally responsible for the death of or bodily injury to others
 2697  in a motor vehicle accident.
 2698         (e) Effective January 1, 2019, a person who purchases a
 2699  motor vehicle liability insurance policy as proof of financial
 2700  responsibility must maintain medical payments coverage that
 2701  complies with s. 627.7265, Florida Statutes. Medical payments
 2702  coverage pays covered medical expenses, up to the limits of such
 2703  coverage, for injuries sustained in a motor vehicle crash by the
 2704  policyholder, passengers, and relatives residing in the
 2705  policyholder’s household, as provided in s. 627.7265, Florida
 2706  Statutes. Medical payments coverage also provides a death
 2707  benefit of at least $5,000. Medical payments coverage reimburses
 2708  fewer medical services and care than were reimbursable under
 2709  personal injury protection. Medical payments coverage provides
 2710  reimbursement for the following if medically necessary and if an
 2711  individual initially receives such treatment within 14 days
 2712  after the motor vehicle accident:
 2713         1.Emergency transportation and treatment.
 2714         2.Emergency services and care provided by a hospital.
 2715         3.Emergency services and care provided by a licensed
 2716  physician or licensed dentist in a hospital, ambulatory surgical
 2717  center, or mobile surgical facility licensed under chapter 395,
 2718  Florida Statutes, and related hospital inpatient care.
 2719         4. Hospital inpatient services, other than emergency
 2720  services and care.
 2721         5.Hospital outpatient services, other than emergency
 2722  services and care.
 2723         (f) The policyholder may obtain underinsured motorist
 2724  coverage, which provides benefits, up to the limits of such
 2725  coverage, to a policyholder or other insured entitled to recover
 2726  damages for bodily injury, sickness, disease, or death resulting
 2727  from a motor vehicle accident with an uninsured or underinsured
 2728  owner or operator of a motor vehicle.
 2729         (g) If the policyholder’s new or renewal motor vehicle
 2730  insurance policy is effective before January 1, 2019, and
 2731  contains personal injury protection and property damage
 2732  liability coverage as required by state law before January 1,
 2733  2019, but does not meet minimum security requirements on or
 2734  after January 1, 2019, the policy is deemed to meet minimum
 2735  security requirements until it is renewed, nonrenewed, or
 2736  canceled on or after January 1, 2019.
 2737         (h) A policyholder whose new or renewal policy becomes
 2738  effective before January 1, 2019, but does not meet minimum
 2739  security requirements on or after January 1, 2019, may change
 2740  coverages under the policy so as to eliminate personal injury
 2741  protection and to obtain coverage providing minimum security
 2742  requirements, including bodily injury liability coverage, which
 2743  are effective on or after January 1, 2019.
 2744         (i) If the policyholder has any questions, he or she should
 2745  contact the person named at the telephone number provided in the
 2746  notice.
 2747         (5) This section takes effect upon this act becoming a law.
 2748         Section 52. Application of suspensions for failure to
 2749  maintain security; reinstatement.—All suspensions for failure to
 2750  maintain required security as required by law in effect before
 2751  January 1, 2019, remain in full force and effect after January
 2752  1, 2019. A driver may reinstate a suspended driver license or
 2753  registration as provided under s. 324.0221, Florida Statutes.
 2754         Section 53. Except as otherwise expressly provided in this
 2755  act and except for this section, which shall take effect upon
 2756  this act becoming a law, this act shall take effect January 1,
 2757  2019.
 2758  
 2759  ================= T I T L E  A M E N D M E N T ================
 2760  And the title is amended as follows:
 2761         Delete everything before the enacting clause
 2762  and insert:
 2763                        A bill to be entitled                      
 2764         An act relating to motor vehicle insurance; repealing
 2765         ss. 627.730, 627.731, 627.7311, 627.732, 627.733,
 2766         627.734, 627.736, 627.737, 627.739, 627.7401,
 2767         627.7403, and 627.7405, F.S., which comprise the
 2768         Florida Motor Vehicle No-Fault Law; repealing s.
 2769         627.7407, F.S., relating to application of the Florida
 2770         Motor Vehicle No-Fault Law; amending s. 316.646, F.S.;
 2771         revising a requirement for proof of security on a
 2772         motor vehicle and the applicability of the
 2773         requirement; amending s. 318.18, F.S.; conforming a
 2774         provision to changes made by the act; amending s.
 2775         320.02, F.S.; revising the motor vehicle insurance
 2776         coverages that an applicant must show to register
 2777         certain vehicles with the Department of Highway Safety
 2778         and Motor Vehicles; deleting a requirement that
 2779         specified information be included on a certain
 2780         insurance proof-of-purchase card; revising
 2781         construction; amending s. 320.0609, F.S.; conforming a
 2782         provision to changes made by the act; amending s.
 2783         320.27, F.S.; defining the term “garage liability
 2784         insurance”; revising garage liability insurance
 2785         requirements for motor vehicle dealer applicants;
 2786         conforming a provision to changes made by the act;
 2787         amending s. 320.771, F.S.; revising garage liability
 2788         insurance requirements for recreational vehicle dealer
 2789         license applicants; amending ss. 322.251 and 322.34,
 2790         F.S.; conforming provisions to changes made by the
 2791         act; amending s. 324.011, F.S.; revising legislative
 2792         intent; amending s. 324.021, F.S.; revising
 2793         definitions of the terms “motor vehicle” and “proof of
 2794         financial responsibility”; revising, at specified
 2795         timeframes, minimum coverage requirements for proof of
 2796         financial responsibility for specified motor vehicles;
 2797         defining the term “for-hire passenger transportation
 2798         vehicle”; conforming provisions to changes made by the
 2799         act; amending s. 324.022, F.S.; revising, at specified
 2800         timeframes, minimum liability coverage requirements
 2801         for motor vehicle owners and operators; revising
 2802         authorized methods for meeting such requirements;
 2803         revising the vehicles that are excluded from the
 2804         definition of the term “motor vehicle” and providing
 2805         security requirements for certain excluded vehicles;
 2806         conforming provisions to changes made by the act;
 2807         conforming cross-references; amending s. 324.0221,
 2808         F.S.; revising applicability of certain insurer
 2809         reporting and notice requirements as to policies
 2810         providing certain coverages; conforming provisions to
 2811         changes made by the act; amending s. 324.023, F.S.;
 2812         conforming cross-references; amending s. 324.031,
 2813         F.S.; revising applicability of a provision
 2814         authorizing certain methods of proving financial
 2815         responsibility; revising, at specified timeframes, the
 2816         amount of a certificate of deposit required for a
 2817         specified method of proof of financial responsibility;
 2818         revising excess liability coverage requirements for a
 2819         person electing to use such method; amending s.
 2820         324.032, F.S.; revising financial responsibility
 2821         requirements for owners or lessees of for-hire
 2822         passenger transportation vehicles and the
 2823         applicability of such requirements; revising a
 2824         requirement for a motor vehicle liability policy
 2825         obtained to comply with such requirements; amending
 2826         ss. 324.051, 324.071, 324.091, and 324.151, F.S.;
 2827         making technical changes; amending s. 324.161, F.S.;
 2828         revising requirements for a certificate of deposit
 2829         that is required if a person elects a certain method
 2830         of providing financial responsibility; amending s.
 2831         324.171, F.S.; revising, at specified timeframes, the
 2832         minimum net worth requirements to qualify certain
 2833         persons as self-insurers; conforming provisions to
 2834         changes made by the act; amending s. 324.251, F.S.;
 2835         revising the short title and an effective date;
 2836         amending s. 400.9905, F.S.; revising the definition of
 2837         the term “clinic”; amending ss. 400.991 and 400.9935,
 2838         F.S.; conforming provisions to changes made by the
 2839         act; amending s. 409.901, F.S.; revising the
 2840         definition of the term “third-party benefit”; amending
 2841         s. 409.910, F.S.; revising the definition of the term
 2842         “medical coverage”; making technical changes; amending
 2843         s. 456.057, F.S.; conforming a cross-reference;
 2844         amending s. 456.072, F.S.; revising specified grounds
 2845         for discipline for certain health professions;
 2846         amending s. 626.9541, F.S.; conforming a provision to
 2847         changes made by the act; revising the type of
 2848         insurance coverage applicable to a certain prohibited
 2849         act; conforming a cross-reference; amending s.
 2850         626.989, F.S.; revising the definition of the term
 2851         “fraudulent insurance act”; amending s. 627.06501,
 2852         F.S.; revising coverages that may provide for a
 2853         reduction in motor vehicle insurance policy premium
 2854         charges under certain circumstances; amending s.
 2855         627.0652, F.S.; revising coverages that must provide a
 2856         premium charge reduction under certain circumstances;
 2857         amending s. 627.0653, F.S.; revising coverages subject
 2858         to premium discounts for specified motor vehicle
 2859         equipment; amending s. 627.4132, F.S.; revising the
 2860         coverages of a motor vehicle policy which are subject
 2861         to a stacking prohibition; amending s. 627.7263, F.S.;
 2862         revising provisions relating to designation of primary
 2863         coverages for rental and leasing driver’s insurance;
 2864         conforming provisions to changes made by the act;
 2865         creating s. 627.7265, F.S.; requiring specified motor
 2866         vehicle liability insurance policies to include
 2867         medical payments coverage; specifying persons such
 2868         coverage must protect; specifying the minimum medical
 2869         expense coverage and minimum death benefit required
 2870         under such coverage; providing construction relating
 2871         to limits on certain other coverages; prohibiting
 2872         insurers from offering such coverage to an applicant
 2873         or policyholder with a deductible; specifying medical
 2874         services and care required under such coverage;
 2875         authorizing insurers to exclude medical payment
 2876         benefits under certain circumstances; providing that
 2877         medical payments benefits are primary to certain
 2878         health insurance benefits and apply to the coinsurance
 2879         or deductible amounts required by certain health
 2880         insurance policies, except under certain
 2881         circumstances; providing that a medical payments
 2882         insurance policy, under certain circumstances, may
 2883         include a subrogation provision for medical payments
 2884         benefits paid; requiring insurers, upon receiving a
 2885         certain notice, to hold a specified reserve for
 2886         certain purposes for a specified time; providing that
 2887         the reserve requirement does not require insurers to
 2888         establish a claim reserve for accounting purposes;
 2889         specifying requirements, procedures, limitations, and
 2890         prohibitions relating to charges and billing for care
 2891         of bodily injuries under medical payments coverage;
 2892         defining the term “service year”; requiring the
 2893         Department of Health to adopt a certain rule;
 2894         providing insurers a civil cause of action against
 2895         certain persons who are convicted of or plead guilty
 2896         or nolo contendre to certain acts of insurance fraud
 2897         associated with claims for medical payments coverage
 2898         benefits; requiring insurers receiving notice of a
 2899         claim to provide a specified fraud advisory notice to
 2900         certain persons; providing that claims generated as a
 2901         result of certain patient brokering activities are
 2902         nonreimbursable; authorizing notices, documentation,
 2903         transmissions, or communications to be transferred
 2904         electronically in a secure manner; amending s.
 2905         627.727, F.S.; conforming provisions to changes made
 2906         by the act; amending s. 627.7275, F.S.; revising
 2907         applicability and required coverages for a motor
 2908         vehicle insurance policy; conforming provisions to
 2909         changes made by the act; amending s. 627.728, F.S.;
 2910         conforming a provision to changes made by the act;
 2911         amending s. 627.7295, F.S.; revising the definitions
 2912         of the terms “policy” and “binder”; revising the
 2913         coverages of a motor vehicle insurance policy for
 2914         which a licensed general lines agent may charge a
 2915         specified fee; revising applicability; conforming a
 2916         cross-reference; amending s. 627.7415, F.S.; revising,
 2917         at specified intervals, the minimum levels of certain
 2918         liability insurance required for commercial motor
 2919         vehicles; amending s. 627.8405, F.S.; revising
 2920         coverages in a policy sold in combination with an
 2921         accidental death and dismemberment policy, which a
 2922         premium finance company may not finance; revising
 2923         rulemaking authority of the commission; amending ss.
 2924         627.915, 628.909, 705.184, and 713.78, F.S.;
 2925         conforming provisions to changes made by the act;
 2926         amending s. 817.234, F.S.; revising coverages that are
 2927         the basis of specified prohibited false and fraudulent
 2928         insurance claims; conforming a provision to changes
 2929         made by the act; conforming a cross-reference;
 2930         providing applicability and construction relating to
 2931         changes made by the act; defining the term “minimum
 2932         security requirements”; providing requirements and
 2933         procedures relating to motor vehicle insurance
 2934         policies that include personal injury protection as of
 2935         a specified date; requiring an insurer to provide, by
 2936         a specified date, a specified notice to policyholders
 2937         relating to requirements under the act; providing for
 2938         construction relating to suspensions for failure to
 2939         maintain required security in effect before a
 2940         specified date; providing effective dates.