Florida Senate - 2018                              CS for SB 150
       
       
        
       By the Committee on Banking and Insurance; and Senator Lee
       
       
       
       
       
       597-01963-18                                           2018150c1
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle insurance; repealing
    3         ss. 627.730, 627.731, 627.7311, 627.732, 627.733,
    4         627.734, 627.736, 627.737, 627.739, 627.7401,
    5         627.7403, and 627.7405, F.S., which comprise the
    6         Florida Motor Vehicle No-Fault Law; repealing s.
    7         627.7407, F.S., relating to application of the Florida
    8         Motor Vehicle No-Fault Law; amending s. 316.646, F.S.;
    9         revising a requirement for proof of security on a
   10         motor vehicle and the applicability of the
   11         requirement; amending s. 318.18, F.S.; conforming a
   12         provision to changes made by the act; amending s.
   13         320.02, F.S.; revising the motor vehicle insurance
   14         coverages that an applicant must show to register
   15         certain vehicles with the Department of Highway Safety
   16         and Motor Vehicles; deleting a requirement that
   17         specified information be included on a certain
   18         insurance proof-of-purchase card; revising
   19         construction; amending s. 320.0609, F.S.; conforming a
   20         provision to changes made by the act; amending s.
   21         320.27, F.S.; defining the term “garage liability
   22         insurance”; revising garage liability insurance
   23         requirements for motor vehicle dealer applicants;
   24         conforming a provision to changes made by the act;
   25         amending s. 320.771, F.S.; revising garage liability
   26         insurance requirements for recreational vehicle dealer
   27         license applicants; amending ss. 322.251 and 322.34,
   28         F.S.; conforming provisions to changes made by the
   29         act; amending s. 324.011, F.S.; revising legislative
   30         intent; amending s. 324.021, F.S.; revising
   31         definitions of the terms “motor vehicle” and “proof of
   32         financial responsibility”; revising, at specified
   33         timeframes, minimum coverage requirements for proof of
   34         financial responsibility for specified motor vehicles;
   35         defining the term “for-hire passenger transportation
   36         vehicle”; conforming provisions to changes made by the
   37         act; amending s. 324.022, F.S.; revising, at specified
   38         timeframes, minimum liability coverage requirements
   39         for motor vehicle owners or operators; revising
   40         authorized methods for meeting such requirements;
   41         revising the vehicles that are excluded from the
   42         definition of the term “motor vehicle” and providing
   43         security requirements for certain excluded vehicles;
   44         conforming provisions to changes made by the act;
   45         conforming cross-references; amending s. 324.0221,
   46         F.S.; revising applicability of certain insurer
   47         reporting and notice requirements as to policies
   48         providing certain coverages; conforming provisions to
   49         changes made by the act; amending s. 324.023, F.S.;
   50         conforming cross-references; amending s. 324.031,
   51         F.S.; revising applicability of a provision
   52         authorizing certain methods of proving financial
   53         responsibility; revising, at specified timeframes, the
   54         amount of a certificate of deposit required for a
   55         specified method of proof of financial responsibility;
   56         revising excess liability coverage requirements for a
   57         person electing to use such method; amending s.
   58         324.032, F.S.; revising financial responsibility
   59         requirements for owners or lessees of for-hire
   60         passenger transportation vehicles and the
   61         applicability of such requirements; revising a
   62         requirement for a motor vehicle liability policy
   63         obtained to comply with such requirements; amending
   64         ss. 324.051, 324.071, 324.091, and 324.151, F.S.;
   65         making technical changes; amending s. 324.161, F.S.;
   66         revising requirements for a certificate of deposit
   67         that is required if a person elects a certain method
   68         of providing financial responsibility; amending s.
   69         324.171, F.S.; revising, at specified timeframes, the
   70         minimum net worth requirements to qualify certain
   71         persons as self-insurers; conforming provisions to
   72         changes made by the act; amending s. 324.251, F.S.;
   73         revising the short title and an effective date;
   74         amending s. 400.9905, F.S.; revising the definition of
   75         the term “clinic”; amending ss. 400.991 and 400.9935,
   76         F.S.; conforming provisions to changes made by the
   77         act; amending s. 409.901, F.S.; revising the
   78         definition of the term “third-party benefit”; amending
   79         s. 409.910, F.S.; revising the definition of the term
   80         “medical coverage”; making technical changes; amending
   81         s. 456.057, F.S.; conforming a cross-reference;
   82         amending s. 456.072, F.S.; revising specified grounds
   83         for discipline for certain health professions;
   84         amending s. 626.9541, F.S.; conforming a provision to
   85         changes made by the act; revising the type of
   86         insurance coverage applicable to a certain prohibited
   87         act; conforming a cross-reference; amending s.
   88         626.989, F.S.; revising the definition of the term
   89         “fraudulent insurance act”; amending s. 627.06501,
   90         F.S.; revising coverages that may provide for a
   91         reduction in motor vehicle insurance policy premium
   92         charges under certain circumstances; amending s.
   93         627.0652, F.S.; revising coverages that must provide a
   94         premium charge reduction under certain circumstances;
   95         amending s. 627.0653, F.S.; revising coverages subject
   96         to premium discounts for specified motor vehicle
   97         equipment; amending s. 627.4132, F.S.; revising the
   98         coverages of a motor vehicle policy which are subject
   99         to a stacking prohibition; amending s. 627.7263, F.S.;
  100         revising provisions relating to designation of primary
  101         coverages for rental and leasing driver’s insurance;
  102         conforming provisions to changes made by the act;
  103         creating s. 627.7265, F.S.; requiring specified motor
  104         vehicle liability insurance policies to include
  105         medical payments coverage; specifying persons such
  106         coverage must protect; specifying the minimum medical
  107         expense coverage and minimum death benefit required
  108         under such coverage; providing construction relating
  109         to limits on certain other coverages; prohibiting
  110         insurers from offering such coverage to an applicant
  111         or policyholder with a deductible; specifying medical
  112         services and care required under such coverage;
  113         authorizing insurers to exclude medical payment
  114         benefits under certain circumstances; providing that
  115         medical payments benefits are primary to certain
  116         health insurance benefits and apply to the coinsurance
  117         or deductible amounts required by certain health
  118         insurance policies, except under certain
  119         circumstances; providing that a medical payments
  120         insurance policy, under certain circumstances, may
  121         include a subrogation provision for medical payments
  122         benefits paid; requiring insurers, upon receiving a
  123         certain notice, to hold a specified reserve for
  124         certain purposes for a specified time; providing that
  125         the reserve requirement does not require insurers to
  126         establish a claim reserve for accounting purposes;
  127         specifying requirements, procedures, limitations, and
  128         prohibitions relating to charges and billing for care
  129         of bodily injuries under medical payments coverage;
  130         defining the term “service year”; requiring the
  131         Department of Health to adopt a certain rule;
  132         providing insurers a civil cause of action against
  133         certain persons who are convicted of or plead guilty
  134         or nolo contendre to certain acts of insurance fraud
  135         associated with claims for medical payments coverage
  136         benefits; requiring insurers receiving notice of a
  137         claim to provide a specified fraud advisory notice to
  138         certain persons; providing that claims generated as a
  139         result of certain patient brokering activities are
  140         nonreimbursable; authorizing notices, documentation,
  141         transmissions, or communications to be transferred
  142         electronically in a secure manner; amending s.
  143         627.727, F.S.; conforming provisions to changes made
  144         by the act; amending s. 627.7275, F.S.; revising
  145         applicability and required coverages for a motor
  146         vehicle insurance policy; conforming provisions to
  147         changes made by the act; amending s. 627.728, F.S.;
  148         conforming a provision to changes made by the act;
  149         amending s. 627.7295, F.S.; revising the definitions
  150         of the terms “policy” and “binder”; revising the
  151         coverages of a motor vehicle insurance policy for
  152         which a licensed general lines agent may charge a
  153         specified fee; revising applicability; conforming a
  154         cross-reference; amending s. 627.7415, F.S.; revising,
  155         at specified intervals, the minimum levels of certain
  156         liability insurance required for commercial motor
  157         vehicles; amending s. 627.8405, F.S.; revising
  158         coverages in a policy sold in combination with an
  159         accidental death and dismemberment policy, which a
  160         premium finance company may not finance; revising
  161         rulemaking authority of the commission; amending ss.
  162         627.915, 628.909, 705.184, and 713.78, F.S.;
  163         conforming provisions to changes made by the act;
  164         amending s. 817.234, F.S.; revising coverages that are
  165         the basis of specified prohibited false and fraudulent
  166         insurance claims; conforming a provision to changes
  167         made by the act; conforming a cross-reference;
  168         providing applicability and construction relating to
  169         changes made by the act; defining the term “minimum
  170         security requirements”; providing requirements and
  171         procedures relating to motor vehicle insurance
  172         policies that include personal injury protection as of
  173         a specified date; requiring an insurer to provide, by
  174         a specified date, a specified notice to policyholders
  175         relating to requirements under the act; providing for
  176         construction relating to suspensions for failure to
  177         maintain required security in effect before a
  178         specified date; providing effective dates.
  179          
  180  Be It Enacted by the Legislature of the State of Florida:
  181  
  182         Section 1. Sections 627.730, 627.731, 627.7311, 627.732,
  183  627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,
  184  and 627.7405, Florida Statutes, which comprise the Florida Motor
  185  Vehicle No-Fault Law, are repealed.
  186         Section 2. Section 627.7407, Florida Statutes, is repealed.
  187         Section 3. Subsection (1) of section 316.646, Florida
  188  Statutes, is amended to read:
  189         316.646 Security required; proof of security and display
  190  thereof.—
  191         (1) Any person required by s. 324.022 to maintain liability
  192  security for property damage, liability security, required by s.
  193  324.023 to maintain liability security for bodily injury, or
  194  death, or required by s. 627.733 to maintain personal injury
  195  protection security on a motor vehicle shall have in his or her
  196  immediate possession at all times while operating such motor
  197  vehicle proper proof of maintenance of the required security
  198  required under s. 324.021(7).
  199         (a) Such proof must shall be in a uniform paper or
  200  electronic format, as prescribed by the department, a valid
  201  insurance policy, an insurance policy binder, a certificate of
  202  insurance, or such other proof as may be prescribed by the
  203  department.
  204         (b)1. The act of presenting to a law enforcement officer an
  205  electronic device displaying proof of insurance in an electronic
  206  format does not constitute consent for the officer to access any
  207  information on the device other than the displayed proof of
  208  insurance.
  209         2. The person who presents the device to the officer
  210  assumes the liability for any resulting damage to the device.
  211         Section 4. Paragraph (b) of subsection (2) of section
  212  318.18, Florida Statutes, is amended to read:
  213         318.18 Amount of penalties.—The penalties required for a
  214  noncriminal disposition pursuant to s. 318.14 or a criminal
  215  offense listed in s. 318.17 are as follows:
  216         (2) Thirty dollars for all nonmoving traffic violations
  217  and:
  218         (b) For all violations of ss. 320.0605, 320.07(1), 322.065,
  219  and 322.15(1). A Any person who is cited for a violation of s.
  220  320.07(1) shall be charged a delinquent fee pursuant to s.
  221  320.07(4).
  222         1. If a person who is cited for a violation of s. 320.0605
  223  or s. 320.07 can show proof of having a valid registration at
  224  the time of arrest, the clerk of the court may dismiss the case
  225  and may assess a dismissal fee of up to $10. A person who finds
  226  it impossible or impractical to obtain a valid registration
  227  certificate must submit an affidavit detailing the reasons for
  228  the impossibility or impracticality. The reasons may include,
  229  but are not limited to, the fact that the vehicle was sold,
  230  stolen, or destroyed; that the state in which the vehicle is
  231  registered does not issue a certificate of registration; or that
  232  the vehicle is owned by another person.
  233         2. If a person who is cited for a violation of s. 322.03,
  234  s. 322.065, or s. 322.15 can show a driver license issued to him
  235  or her and valid at the time of arrest, the clerk of the court
  236  may dismiss the case and may assess a dismissal fee of up to
  237  $10.
  238         3. If a person who is cited for a violation of s. 316.646
  239  can show proof of security as required by s. 324.021(7) s.
  240  627.733, issued to the person and valid at the time of arrest,
  241  the clerk of the court may dismiss the case and may assess a
  242  dismissal fee of up to $10. A person who finds it impossible or
  243  impractical to obtain proof of security must submit an affidavit
  244  detailing the reasons for the impracticality. The reasons may
  245  include, but are not limited to, the fact that the vehicle has
  246  since been sold, stolen, or destroyed; that the owner or
  247  registrant of the vehicle is not required by s. 627.733 to
  248  maintain personal injury protection insurance; or that the
  249  vehicle is owned by another person.
  250         Section 5. Paragraphs (a) and (d) of subsection (5) of
  251  section 320.02, Florida Statutes, are amended to read:
  252         320.02 Registration required; application for registration;
  253  forms.—
  254         (5)(a) Proof that bodily injury liability coverage and
  255  property damage liability coverage personal injury protection
  256  benefits have been purchased if required under s. 324.022, s.
  257  324.032, or s. 627.742, that medical payments coverage has been
  258  purchased if required under s. 627.7265 s. 627.733, that
  259  property damage liability coverage has been purchased as
  260  required under s. 324.022, that bodily injury liability or death
  261  coverage has been purchased if required under s. 324.023, and
  262  that combined bodily liability insurance and property damage
  263  liability insurance have been purchased if required under s.
  264  627.7415 must shall be provided in the manner prescribed by law
  265  by the applicant at the time of application for registration of
  266  any motor vehicle that is subject to such requirements. The
  267  issuing agent may not shall refuse to issue registration if such
  268  proof of purchase is not provided. Insurers shall furnish
  269  uniform proof-of-purchase cards in a paper or electronic format
  270  in a form prescribed by the department and include the name of
  271  the insured’s insurance company, the coverage identification
  272  number, and the make, year, and vehicle identification number of
  273  the vehicle insured. The card must contain a statement notifying
  274  the applicant of the penalty specified under s. 316.646(4). The
  275  card or insurance policy, insurance policy binder, or
  276  certificate of insurance or a photocopy of any of these; an
  277  affidavit containing the name of the insured’s insurance
  278  company, the insured’s policy number, and the make and year of
  279  the vehicle insured; or such other proof as may be prescribed by
  280  the department constitutes shall constitute sufficient proof of
  281  purchase. If an affidavit is provided as proof, it must be in
  282  substantially the following form:
  283  
  284  Under penalty of perjury, I ...(Name of insured)... do hereby
  285  certify that I have ...(bodily injury liability and Personal
  286  Injury Protection, property damage liability coverage, and
  287  medical payments coverage, and, if required, Bodily Injury
  288  Liability)... Insurance currently in effect with ...(Name of
  289  insurance company)... under ...(policy number)... covering
  290  ...(make, year, and vehicle identification number of
  291  vehicle).... ...(Signature of Insured)...
  292  
  293  Such affidavit must include the following warning:
  294  
  295  WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
  296  REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
  297  LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
  298  SUBJECT TO PROSECUTION.
  299  
  300  If an application is made through a licensed motor vehicle
  301  dealer as required under s. 319.23, the original or a photocopy
  302  photostatic copy of such card, insurance policy, insurance
  303  policy binder, or certificate of insurance or the original
  304  affidavit from the insured must shall be forwarded by the dealer
  305  to the tax collector of the county or the Department of Highway
  306  Safety and Motor Vehicles for processing. By executing the
  307  aforesaid affidavit, a no licensed motor vehicle dealer is not
  308  will be liable in damages for any inadequacy, insufficiency, or
  309  falsification of any statement contained therein. A card must
  310  also indicate the existence of any bodily injury liability
  311  insurance voluntarily purchased.
  312         (d) The verifying of proof of personal injury protection
  313  insurance, proof of property damage liability insurance, proof
  314  of combined bodily liability insurance and property damage
  315  liability insurance, or proof of financial responsibility
  316  insurance and the issuance or failure to issue the motor vehicle
  317  registration under the provisions of this chapter may not be
  318  construed in any court as a warranty of the reliability or
  319  accuracy of the evidence of such proof, or that the provisions
  320  of any insurance policy furnished as proof of financial
  321  responsibility comply with state law. Neither The department or
  322  nor any tax collector is not liable in damages for any
  323  inadequacy, insufficiency, falsification, or unauthorized
  324  modification of any item of the proof of personal injury
  325  protection insurance, proof of property damage liability
  326  insurance, proof of combined bodily liability insurance and
  327  property damage liability insurance, or proof of financial
  328  responsibility before insurance prior to, during, or subsequent
  329  to the verification of the proof. The issuance of a motor
  330  vehicle registration does not constitute prima facie evidence or
  331  a presumption of insurance coverage.
  332         Section 6. Paragraph (b) of subsection (1) of section
  333  320.0609, Florida Statutes, is amended to read:
  334         320.0609 Transfer and exchange of registration license
  335  plates; transfer fee.—
  336         (1)
  337         (b) The transfer of a license plate from a vehicle disposed
  338  of to a newly acquired vehicle does not constitute a new
  339  registration. The application for transfer shall be accepted
  340  without requiring proof of personal injury protection or
  341  liability insurance.
  342         Section 7. Paragraph (g) is added to subsection (1) of
  343  section 320.27, Florida Statutes, and subsection (3) of that
  344  section is amended, to read:
  345         320.27 Motor vehicle dealers.—
  346         (1) DEFINITIONS.—The following words, terms, and phrases
  347  when used in this section have the meanings respectively
  348  ascribed to them in this subsection, except where the context
  349  clearly indicates a different meaning:
  350         (g)“Garage liability insurance” means combined single
  351  limit liability coverage, including property damage and bodily
  352  injury liability coverage, in the amount of:
  353         1. Beginning January 1, 2019, and continuing through
  354  December 31, 2020, at least $50,000.
  355         2. Beginning January 1, 2021, and continuing through
  356  December 31, 2022, at least $60,000.
  357         3. Beginning January 1, 2023 and thereafter, at least
  358  $70,000.
  359         (3) APPLICATION AND FEE.—The application for the license
  360  application must shall be in such form as may be prescribed by
  361  the department and is shall be subject to such rules with
  362  respect thereto as may be so prescribed by the department it.
  363  Such application must shall be verified by oath or affirmation
  364  and must shall contain a full statement of the name and birth
  365  date of the person or persons applying for the license therefor;
  366  the name of the firm or copartnership, with the names and places
  367  of residence of all members thereof, if such applicant is a firm
  368  or copartnership; the names and places of residence of the
  369  principal officers, if the applicant is a body corporate or
  370  other artificial body; the name of the state under whose laws
  371  the corporation is organized; the present and former place or
  372  places of residence of the applicant; and the prior business in
  373  which the applicant has been engaged and its the location
  374  thereof. The Such application must shall describe the exact
  375  location of the place of business and must shall state whether
  376  the place of business is owned by the applicant and when
  377  acquired, or, if leased, a true copy of the lease must shall be
  378  attached to the application. The applicant shall certify that
  379  the location provides an adequately equipped office and is not a
  380  residence; that the location affords sufficient unoccupied space
  381  upon and within which adequately to store all motor vehicles
  382  offered and displayed for sale; and that the location is a
  383  suitable place where the applicant can in good faith carry on
  384  such business and keep and maintain books, records, and files
  385  necessary to conduct such business, which must shall be
  386  available at all reasonable hours to inspection by the
  387  department or any of its inspectors or other employees. The
  388  applicant shall certify that the business of a motor vehicle
  389  dealer is the principal business that will which shall be
  390  conducted at that location. The application must shall contain a
  391  statement that the applicant is either franchised by a
  392  manufacturer of motor vehicles, in which case the name of each
  393  motor vehicle that the applicant is franchised to sell must
  394  shall be included, or an independent (nonfranchised) motor
  395  vehicle dealer. The application must shall contain other
  396  relevant information as may be required by the department. The
  397  applicant must furnish, including evidence, in a form approved
  398  by the department, that the applicant is insured under a garage
  399  liability insurance policy or a general liability insurance
  400  policy coupled with a business automobile policy having the
  401  garage liability insurance coverage required by this subsection,
  402  which shall include, at a minimum, $25,000 combined single-limit
  403  liability coverage including bodily injury and property damage
  404  protection and $10,000 personal injury protection. However, a
  405  salvage motor vehicle dealer as defined in subparagraph (1)(c)5.
  406  is exempt from the requirements for garage liability insurance
  407  and medical payments coverage insurance and personal injury
  408  protection insurance on those vehicles that cannot be legally
  409  operated on roads, highways, or streets in this state. Franchise
  410  dealers must submit a garage liability insurance policy, and all
  411  other dealers must submit a garage liability insurance policy or
  412  a general liability insurance policy coupled with a business
  413  automobile policy. Such policy must shall be for the license
  414  period, and evidence of a new or continued policy must shall be
  415  delivered to the department at the beginning of each license
  416  period. Upon making an initial application, the applicant shall
  417  pay to the department a fee of $300 in addition to any other
  418  fees required by law. Applicants may choose to extend the
  419  licensure period for 1 additional year for a total of 2 years.
  420  An initial applicant shall pay to the department a fee of $300
  421  for the first year and $75 for the second year, in addition to
  422  any other fees required by law. An applicant for renewal shall
  423  pay to the department $75 for a 1-year renewal or $150 for a 2
  424  year renewal, in addition to any other fees required by law.
  425  Upon making an application for a change of location, the
  426  applicant person shall pay a fee of $50 in addition to any other
  427  fees now required by law. The department shall, in the case of
  428  every application for initial licensure, verify whether certain
  429  facts set forth in the application are true. Each applicant,
  430  general partner in the case of a partnership, or corporate
  431  officer and director in the case of a corporate applicant shall,
  432  must file a set of fingerprints with the department for the
  433  purpose of determining any prior criminal record or any
  434  outstanding warrants. The department shall submit the
  435  fingerprints to the Department of Law Enforcement for state
  436  processing and forwarding to the Federal Bureau of Investigation
  437  for federal processing. The actual cost of state and federal
  438  processing must shall be borne by the applicant and is in
  439  addition to the fee for licensure. The department may issue a
  440  license to an applicant pending the results of the fingerprint
  441  investigation, which license is fully revocable if the
  442  department subsequently determines that any facts set forth in
  443  the application are not true or correctly represented.
  444         Section 8. Paragraph (j) of subsection (3) of section
  445  320.771, Florida Statutes, is amended to read:
  446         320.771 License required of recreational vehicle dealers.—
  447         (3) APPLICATION.—The application for such license shall be
  448  in the form prescribed by the department and subject to such
  449  rules as may be prescribed by it. The application shall be
  450  verified by oath or affirmation and shall contain:
  451         (j) A statement that the applicant is insured under a
  452  garage liability insurance policy in accordance with s.
  453  320.27(1)(g), which shall include, at a minimum, $25,000
  454  combined single-limit liability coverage, including bodily
  455  injury and property damage protection, and $10,000 personal
  456  injury protection, if the applicant is to be licensed as a
  457  dealer in, or intends to sell, recreational vehicles.
  458  
  459  The department shall, if it deems necessary, cause an
  460  investigation to be made to ascertain if the facts set forth in
  461  the application are true and shall not issue a license to the
  462  applicant until it is satisfied that the facts set forth in the
  463  application are true.
  464         Section 9. Subsections (1) and (2) of section 322.251,
  465  Florida Statutes, are amended to read:
  466         322.251 Notice of cancellation, suspension, revocation, or
  467  disqualification of license.—
  468         (1) All orders of cancellation, suspension, revocation, or
  469  disqualification issued under the provisions of this chapter,
  470  chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall
  471  be given either by personal delivery thereof to the licensee
  472  whose license is being canceled, suspended, revoked, or
  473  disqualified or by deposit in the United States mail in an
  474  envelope, first class, postage prepaid, addressed to the
  475  licensee at his or her last known mailing address furnished to
  476  the department. Such mailing by the department constitutes
  477  notification, and any failure by the person to receive the
  478  mailed order will not affect or stay the effective date or term
  479  of the cancellation, suspension, revocation, or disqualification
  480  of the licensee’s driving privilege.
  481         (2) The giving of notice and an order of cancellation,
  482  suspension, revocation, or disqualification by mail is complete
  483  upon expiration of 20 days after deposit in the United States
  484  mail for all notices except those issued under chapter 324 or
  485  ss. 627.732–627.734, which are complete 15 days after deposit in
  486  the United States mail. Proof of the giving of notice and an
  487  order of cancellation, suspension, revocation, or
  488  disqualification in either manner must shall be made by entry in
  489  the records of the department that such notice was given. The
  490  entry is admissible in the courts of this state and constitutes
  491  sufficient proof that such notice was given.
  492         Section 10. Paragraph (a) of subsection (8) of section
  493  322.34, Florida Statutes, is amended to read:
  494         322.34 Driving while license suspended, revoked, canceled,
  495  or disqualified.—
  496         (8)(a) Upon the arrest of a person for the offense of
  497  driving while the person’s driver license or driving privilege
  498  is suspended or revoked, the arresting officer shall determine:
  499         1. Whether the person’s driver license is suspended or
  500  revoked.
  501         2. Whether the person’s driver license has remained
  502  suspended or revoked since a conviction for the offense of
  503  driving with a suspended or revoked license.
  504         3. Whether the suspension or revocation was made under s.
  505  316.646 or s. 627.733, relating to failure to maintain required
  506  security, or under s. 322.264, relating to habitual traffic
  507  offenders.
  508         4. Whether the driver is the registered owner or coowner of
  509  the vehicle.
  510         Section 11. Section 324.011, Florida Statutes, is amended
  511  to read:
  512         324.011 Legislative intent and purpose of chapter.—It is
  513  the Legislature’s intent of this chapter to ensure that the
  514  privilege of owning or operating a motor vehicle in this state
  515  be exercised recognize the existing privilege to own or operate
  516  a motor vehicle on the public streets and highways of this state
  517  when such vehicles are used with due consideration for others’
  518  safety others and their property, and to promote safety, and to
  519  provide financial security requirements for such owners and or
  520  operators whose responsibility it is to recompense others for
  521  injury to person or property caused by the operation of a motor
  522  vehicle. Therefore, this chapter requires that every owner or
  523  operator of a motor vehicle required to be registered in this
  524  state establish, maintain, and it is required herein that the
  525  operator of a motor vehicle involved in a crash or convicted of
  526  certain traffic offenses meeting the operative provisions of s.
  527  324.051(2) shall respond for such damages and show proof of
  528  financial ability to respond for damages arising out of the
  529  ownership, maintenance, or use of a motor vehicle in future
  530  accidents as a requisite to owning or operating a motor vehicle
  531  in this state his or her future exercise of such privileges.
  532         Section 12. Subsections (1) and (7) and paragraph (c) of
  533  subsection (9) of section 324.021, Florida Statutes, are
  534  amended, and subsection (12) is added to that section, to read:
  535         324.021 Definitions; minimum insurance required.—The
  536  following words and phrases when used in this chapter shall, for
  537  the purpose of this chapter, have the meanings respectively
  538  ascribed to them in this section, except in those instances
  539  where the context clearly indicates a different meaning:
  540         (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
  541  designed and required to be licensed for use upon a highway,
  542  including trailers and semitrailers designed for use with such
  543  vehicles, except traction engines, road rollers, farm tractors,
  544  power shovels, and well drillers, and every vehicle that is
  545  propelled by electric power obtained from overhead wires but not
  546  operated upon rails, but not including any personal delivery
  547  device as defined in s. 316.003, bicycle, or moped. However, the
  548  term “motor vehicle” does not include a motor vehicle as defined
  549  in s. 627.732(3) when the owner of such vehicle has complied
  550  with the requirements of ss. 627.730-627.7405, inclusive, unless
  551  the provisions of s. 324.051 apply; and, in such case, the
  552  applicable proof of insurance provisions of s. 320.02 apply.
  553         (7) PROOF OF FINANCIAL RESPONSIBILITY.—That Proof of
  554  ability to respond in damages for liability on account of
  555  crashes arising out of the ownership, maintenance, or use of a
  556  motor vehicle:
  557         (a) With respect to a motor vehicle that is not a
  558  commercial motor vehicle, nonpublic sector bus, or for-hire
  559  passenger transportation vehicle:
  560         1.Beginning January 1, 2019, and continuing through
  561  December 31, 2020, in the amount of:
  562         a.Twenty thousand dollars for $10,000 because of bodily
  563  injury to, or the death of, one person in any one crash and,;
  564         (b) subject to such limits for one person, in the amount of
  565  $40,000 for $20,000 because of bodily injury to, or the death
  566  of, two or more persons in any one crash; and
  567         b.Ten thousand dollars for damage to, or destruction of,
  568  property of others in any one crash.
  569         2.Beginning January 1, 2021, and continuing through
  570  December 31, 2022, in the amount of:
  571         a. Twenty-five thousand dollars for bodily injury to, or
  572  the death of, one person in any one crash and, subject to such
  573  limits for one person, in the amount of $50,000 for bodily
  574  injury to, or the death of, two or more persons in any one
  575  crash; and
  576         b. Ten thousand dollars for damage to, or destruction of,
  577  property of others in any one crash.
  578         3. Beginning January 1, 2023, and continuing thereafter, in
  579  the amount of:
  580         a. Thirty thousand dollars for bodily injury to, or the
  581  death of, one person in any one crash and, subject to such
  582  limits for one person, in the amount of $60,000 for bodily
  583  injury to, or the death of, two or more persons in any one
  584  crash; and
  585         b.(c)Ten thousand dollars for damage In the amount of
  586  $10,000 because of injury to, or destruction of, property of
  587  others in any one crash.; and
  588         (b)(d) With respect to commercial motor vehicles and
  589  nonpublic sector buses, in the amounts specified in s. 627.7415
  590  ss. 627.7415 and 627.742, respectively.
  591         (c) With respect to nonpublic sector buses, in the amounts
  592  specified in s. 627.742.
  593         (d) With respect to for-hire passenger transportation
  594  vehicles, in the amounts specified in s. 324.032.
  595         (9) OWNER; OWNER/LESSOR.—
  596         (c) Application.—
  597         1. The limits on liability in subparagraphs (b)2. and 3. do
  598  not apply to an owner of motor vehicles that are used for
  599  commercial activity in the owner’s ordinary course of business,
  600  other than a rental company that rents or leases motor vehicles.
  601  For purposes of this paragraph, the term “rental company”
  602  includes only an entity that is engaged in the business of
  603  renting or leasing motor vehicles to the general public and that
  604  rents or leases a majority of its motor vehicles to persons with
  605  no direct or indirect affiliation with the rental company. The
  606  term also includes a motor vehicle dealer that provides
  607  temporary replacement vehicles to its customers for up to 10
  608  days. The term “rental company” also includes:
  609         a. A related rental or leasing company that is a subsidiary
  610  of the same parent company as that of the renting or leasing
  611  company that rented or leased the vehicle.
  612         b. The holder of a motor vehicle title or an equity
  613  interest in a motor vehicle title if the title or equity
  614  interest is held pursuant to or to facilitate an asset-backed
  615  securitization of a fleet of motor vehicles used solely in the
  616  business of renting or leasing motor vehicles to the general
  617  public and under the dominion and control of a rental company,
  618  as described in this subparagraph, in the operation of such
  619  rental company’s business.
  620         2. Furthermore, with respect to commercial motor vehicles
  621  as defined in s. 207.002 or s. 320.01 s. 627.732, the limits on
  622  liability in subparagraphs (b)2. and 3. do not apply if, at the
  623  time of the incident, the commercial motor vehicle is being used
  624  in the transportation of materials found to be hazardous for the
  625  purposes of the Hazardous Materials Transportation Authorization
  626  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is
  627  required pursuant to such act to carry placards warning others
  628  of the hazardous cargo, unless at the time of lease or rental
  629  either:
  630         a. The lessee indicates in writing that the vehicle will
  631  not be used to transport materials found to be hazardous for the
  632  purposes of the Hazardous Materials Transportation Authorization
  633  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
  634         b. The lessee or other operator of the commercial motor
  635  vehicle has in effect insurance with limits of at least $5
  636  million $5,000,000 combined property damage and bodily injury
  637  liability.
  638         (12) FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.Every “for
  639  hire vehicle” as defined in s. 320.01(15) which is offered or
  640  used to provide transportation for persons, including taxicabs,
  641  limousines, and jitneys.
  642         Section 13. Section 324.022, Florida Statutes, is amended
  643  to read:
  644         324.022 Financial responsibility requirements for property
  645  damage.—
  646         (1)(a) Every owner or operator of a motor vehicle required
  647  to be registered in this state shall establish and continuously
  648  maintain the ability to respond in damages for liability on
  649  account of accidents arising out of the use of the motor vehicle
  650  in the amount of:
  651         1. Beginning January 1, 2019, and continuing through
  652  December 31, 2020:
  653         a.Twenty thousand dollars for bodily injury to, or the
  654  death of, one person in any one crash and, subject to such
  655  limits for one person, in the amount of $40,000 for bodily
  656  injury to, or the death of, two or more persons in any one
  657  crash; and
  658         b. Ten thousand dollars for damage to, or destruction of,
  659  property of others in any one crash.
  660         2. Beginning January 1, 2021, and continuing through
  661  December 31, 2022:
  662         a.Twenty-five thousand dollars for bodily injury to, or
  663  the death of, one person in any one crash and, subject to such
  664  limits for one person, in the amount of $50,000 for bodily
  665  injury to, or the death of, two or more persons in any one
  666  crash; and
  667         b. Ten thousand dollars for damage to, or destruction of,
  668  property of others in any one crash.
  669         3. Beginning January 1, 2023, and continuing thereafter:
  670         a.Thirty thousand dollars for bodily injury to, or the
  671  death of, one person in any one crash and, subject to such
  672  limits for one person, in the amount of $60,000 for bodily
  673  injury to, or the death of, two or more persons in any one
  674  crash; and
  675         b. Ten thousand dollars for $10,000 because of damage to,
  676  or destruction of, property of others in any one crash.
  677         (b) The requirements of paragraph (a) this section may be
  678  met by one of the methods established in s. 324.031; by self
  679  insuring as authorized by s. 768.28(16); or by maintaining
  680  medical payments coverage under s. 627.7265 and a motor vehicle
  681  liability insurance policy that an insurance policy providing
  682  coverage for property damage liability in the amount of at least
  683  $10,000 because of damage to, or destruction of, property of
  684  others in any one accident arising out of the use of the motor
  685  vehicle. The requirements of this section may also be met by
  686  having a policy which provides combined property damage
  687  liability and bodily injury liability coverage for any one crash
  688  arising out of the ownership, maintenance, or use of a motor
  689  vehicle which conforms to the requirements of s. 324.151 in the
  690  amount of:
  691         1. At least $50,000 for every owner or operator subject to
  692  the financial responsibility required in subparagraph (1)(a)1.
  693         2. At least $60,000 for every owner or operator subject to
  694  the financial responsibility required in subparagraph (1)(a)2.
  695         3. At least $70,000 for every owner or operator subject to
  696  the financial responsibility required in subparagraph (1)(a)3.
  697  $30,000 for combined property damage liability and bodily injury
  698  liability for any one crash arising out of the use of the motor
  699  vehicle. The policy, with respect to coverage for property
  700  damage liability, must meet the applicable requirements of s.
  701  324.151, subject to the usual policy exclusions that have been
  702  approved in policy forms by the Office of Insurance Regulation.
  703  No insurer shall have any duty to defend uncovered claims
  704  irrespective of their joinder with covered claims.
  705         (2) As used in this section, the term:
  706         (a) “Motor vehicle” means any self-propelled vehicle that
  707  has four or more wheels and that is of a type designed and
  708  required to be licensed for use on the highways of this state,
  709  and any trailer or semitrailer designed for use with such
  710  vehicle. The term does not include the following:
  711         1. A mobile home as defined in s. 320.01.
  712         2. A motor vehicle that is used in mass transit and
  713  designed to transport more than five passengers, exclusive of
  714  the operator of the motor vehicle, and that is owned by a
  715  municipality, transit authority, or political subdivision of the
  716  state.
  717         3. A school bus as defined in s. 1006.25, which shall
  718  maintain security as required under s. 316.615.
  719         4. A commercial motor vehicle as defined in s. 207.002 or
  720  s. 320.01, which shall maintain security as required under ss.
  721  324.031 and 627.7415.
  722         5. A nonpublic sector bus, which shall maintain security as
  723  required under ss. 324.031 and 627.742.
  724         6.4. A vehicle providing for-hire passenger transportation
  725  vehicle, which that is subject to the provisions of s. 324.031.
  726  A taxicab shall maintain security as required under s. 324.032
  727  s. 324.032(1).
  728         7.5. A personal delivery device as defined in s. 316.003.
  729         (b) “Owner” means the person who holds legal title to a
  730  motor vehicle or the debtor or lessee who has the right to
  731  possession of a motor vehicle that is the subject of a security
  732  agreement or lease with an option to purchase.
  733         (3) Each nonresident owner or registrant of a motor vehicle
  734  that, whether operated or not, has been physically present
  735  within this state for more than 90 days during the preceding 365
  736  days shall maintain security as required by subsection (1). The
  737  security must be that is in effect continuously throughout the
  738  period the motor vehicle remains within this state.
  739         (4) An The owner or registrant of a motor vehicle who is
  740  exempt from the requirements of this section if she or he is a
  741  member of the United States Armed Forces and is called to or on
  742  active duty outside the United States in an emergency situation
  743  is exempt from this section while he or she. The exemption
  744  provided by this subsection applies only as long as the member
  745  of the Armed Forces is on such active duty. This exemption
  746  outside the United States and applies only while the vehicle
  747  covered by the security is not operated by any person. Upon
  748  receipt of a written request by the insured to whom the
  749  exemption provided in this subsection applies, the insurer shall
  750  cancel the coverages and return any unearned premium or suspend
  751  the security required by this section. Notwithstanding s.
  752  324.0221(2) s. 324.0221(3), the department may not suspend the
  753  registration or operator’s license of an any owner or registrant
  754  of a motor vehicle during the time she or he qualifies for the
  755  an exemption under this subsection. An Any owner or registrant
  756  of a motor vehicle who qualifies for the an exemption under this
  757  subsection shall immediately notify the department before prior
  758  to and at the end of the expiration of the exemption.
  759         Section 14. Subsections (1) and (2) of section 324.0221,
  760  Florida Statutes, are amended to read:
  761         324.0221 Reports by insurers to the department; suspension
  762  of driver license and vehicle registrations; reinstatement.—
  763         (1)(a) Each insurer that has issued a policy providing
  764  medical payments coverage or personal injury protection coverage
  765  or property damage liability coverage shall report the
  766  cancellation or nonrenewal thereof to the department within 10
  767  days after the processing date or effective date of each
  768  cancellation or nonrenewal. Upon the issuance of a policy
  769  providing medical payments coverage or personal injury
  770  protection coverage or property damage liability coverage to a
  771  named insured not previously insured by the insurer during that
  772  calendar year, the insurer shall report the issuance of the new
  773  policy to the department within 10 days. The report must shall
  774  be in the form and format and contain any information required
  775  by the department and must be provided in a format that is
  776  compatible with the data processing capabilities of the
  777  department. Failure by an insurer to file proper reports with
  778  the department as required by this subsection constitutes a
  779  violation of the Florida Insurance Code. These records may shall
  780  be used by the department only for enforcement and regulatory
  781  purposes, including the generation by the department of data
  782  regarding compliance by owners of motor vehicles with the
  783  requirements for financial responsibility coverage.
  784         (b) With respect to an insurance policy providing medical
  785  payments coverage or personal injury protection coverage or
  786  property damage liability coverage, each insurer shall notify
  787  the named insured, or the first-named insured in the case of a
  788  commercial fleet policy, in writing that any cancellation or
  789  nonrenewal of the policy will be reported by the insurer to the
  790  department. The notice must also inform the named insured that
  791  failure to maintain medical payments coverage, bodily injury
  792  liability personal injury protection coverage, and property
  793  damage liability coverage on a motor vehicle when required by
  794  law may result in the loss of registration and driving
  795  privileges in this state and inform the named insured of the
  796  amount of the reinstatement fees required by this section. This
  797  notice is for informational purposes only, and an insurer is not
  798  civilly liable for failing to provide this notice.
  799         (2) The department shall suspend, after due notice and an
  800  opportunity to be heard, the registration and driver license of
  801  any owner or registrant of a motor vehicle for with respect to
  802  which security is required under s. 324.022, s. 324.032, s.
  803  627.7415, or s. 627.742 ss. 324.022 and 627.733 upon:
  804         (a) The department’s records showing that the owner or
  805  registrant of such motor vehicle did not have the in full force
  806  and effect when required security in full force and effect that
  807  complies with the requirements of ss. 324.022 and 627.733; or
  808         (b) Notification by the insurer to the department, in a
  809  form approved by the department, of cancellation or termination
  810  of the required security.
  811         Section 15. Section 324.023, Florida Statutes, is amended
  812  to read:
  813         324.023 Financial responsibility for bodily injury or
  814  death.—In addition to any other financial responsibility
  815  required by law, every owner or operator of a motor vehicle that
  816  is required to be registered in this state, or that is located
  817  within this state, and who, regardless of adjudication of guilt,
  818  has been found guilty of or entered a plea of guilty or nolo
  819  contendere to a charge of driving under the influence under s.
  820  316.193 after October 1, 2007, shall, by one of the methods
  821  established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2),
  822  establish and maintain the ability to respond in damages for
  823  liability on account of accidents arising out of the use of a
  824  motor vehicle in the amount of $100,000 because of bodily injury
  825  to, or death of, one person in any one crash and, subject to
  826  such limits for one person, in the amount of $300,000 because of
  827  bodily injury to, or death of, two or more persons in any one
  828  crash and in the amount of $50,000 because of property damage in
  829  any one crash. If the owner or operator chooses to establish and
  830  maintain such ability by furnishing a certificate of deposit
  831  pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of
  832  deposit must be at least $350,000. Such higher limits must be
  833  carried for a minimum period of 3 years. If the owner or
  834  operator has not been convicted of driving under the influence
  835  or a felony traffic offense for a period of 3 years from the
  836  date of reinstatement of driving privileges for a violation of
  837  s. 316.193, the owner or operator shall be exempt from this
  838  section.
  839         Section 16. Section 324.031, Florida Statutes, is amended
  840  to read:
  841         324.031 Manner of proving financial responsibility.—
  842         (1)The owner or operator of a taxicab, limousine, jitney,
  843  or any other for-hire passenger transportation vehicle may prove
  844  financial responsibility by providing satisfactory evidence of
  845  holding a motor vehicle liability policy as defined in s.
  846  324.021(8) or s. 324.151, which policy is issued by an insurance
  847  carrier which is a member of the Florida Insurance Guaranty
  848  Association. The operator or owner of a motor vehicle other than
  849  a for-hire passenger transportation vehicle any other vehicle
  850  may prove his or her financial responsibility by:
  851         (a)(1) Furnishing satisfactory evidence of holding a motor
  852  vehicle liability policy as defined in ss. 324.021(8) and
  853  324.151;
  854         (b)(2) Furnishing a certificate of self-insurance showing a
  855  deposit of cash in accordance with s. 324.161; or
  856         (c)(3) Furnishing a certificate of self-insurance issued by
  857  the department in accordance with s. 324.171.
  858         (2)(a) Any person, including any firm, partnership,
  859  association, corporation, or other person, other than a natural
  860  person, electing to use the method of proof specified in
  861  paragraph (1)(b) subsection (2) shall furnish a certificate of
  862  deposit equal to the number of vehicles owned times:
  863         1. Fifty thousand dollars, to a maximum of $200,000, from
  864  January 1, 2019, through December 31, 2020.
  865         2. Sixty thousand dollars, to a maximum of $240,000, from
  866  January 1, 2021, through December 31, 2022.
  867         3.Seventy thousand dollars, $30,000, to a maximum of
  868  $280,000, from January 1, 2023, and thereafter. $120,000;
  869         (b) In addition, any such person, other than a natural
  870  person, shall maintain insurance providing coverage conforming
  871  to the requirements of s. 324.151 in excess of the amount of the
  872  certificate of deposit, with limits of at least:
  873         1. One hundred twenty-five thousand dollars for bodily
  874  injury to, or the death of, one person in any one crash and,
  875  subject to such limits for one person, in the amount of $250,000
  876  for bodily injury to, or the death of, two or more persons in
  877  any one crash, and $50,000 for damage to, or destruction of,
  878  property of others in any one crash; or $10,000/20,000/10,000 or
  879  $30,000 combined single limits, and such excess insurance shall
  880  provide minimum limits of $125,000/250,000/50,000 or $300,000
  881  combined single limits. These increased limits shall not affect
  882  the requirements for proving financial responsibility under s.
  883  324.032(1).
  884         2. Three hundred thousand dollars for combined bodily
  885  injury liability and property damage liability for any one
  886  crash.
  887         Section 17. Section 324.032, Florida Statutes, is amended
  888  to read:
  889         324.032 Manner of proving Financial responsibility for;
  890  for-hire passenger transportation vehicles.—Notwithstanding the
  891  provisions of s. 324.031:
  892         (1) An owner or lessee of a for-hire passenger
  893  transportation vehicle that is required to be registered in this
  894  state shall establish and continuously maintain the ability to
  895  respond in damages for liability on account of accidents arising
  896  out of the ownership, maintenance, or use of the for-hire
  897  passenger transportation vehicle, in the amount of:
  898         (a) One hundred twenty-five thousand dollars for bodily
  899  injury to, or the death of, one person in any one crash and,
  900  subject to such limits for one person, in the amount of $250,000
  901  for bodily injury to, or the death of, two or more persons in
  902  any one crash; and A person who is either the owner or a lessee
  903  required to maintain insurance under s. 627.733(1)(b) and who
  904  operates one or more taxicabs, limousines, jitneys, or any other
  905  for-hire passenger transportation vehicles may prove financial
  906  responsibility by furnishing satisfactory evidence of holding a
  907  motor vehicle liability policy, but with minimum limits of
  908  $125,000/250,000/50,000.
  909         (b) Fifty thousand dollars for damage to, or destruction
  910  of, property of others in any one crash A person who is either
  911  the owner or a lessee required to maintain insurance under s.
  912  324.021(9)(b) and who operates limousines, jitneys, or any other
  913  for-hire passenger vehicles, other than taxicabs, may prove
  914  financial responsibility by furnishing satisfactory evidence of
  915  holding a motor vehicle liability policy as defined in s.
  916  324.031.
  917         (2)Except as provided in subsection (3), the requirements
  918  of this section must be met by the owner or lessee providing
  919  satisfactory evidence of holding a motor vehicle liability
  920  policy conforming to the requirements of s. 324.151 which is
  921  issued by an insurance carrier that is a member of the Florida
  922  Insurance Guaranty Association.
  923         (3)(2) An owner or a lessee who is required to maintain
  924  insurance under s. 324.021(9)(b) and who operates at least 300
  925  taxicabs, limousines, jitneys, or any other for-hire passenger
  926  transportation vehicles may provide financial responsibility by
  927  complying with the provisions of s. 324.171, such compliance to
  928  be demonstrated by maintaining at its principal place of
  929  business an audited financial statement, prepared in accordance
  930  with generally accepted accounting principles, and providing to
  931  the department a certification issued by a certified public
  932  accountant that the applicant’s net worth is at least equal to
  933  the requirements of s. 324.171 as determined by the Office of
  934  Insurance Regulation of the Financial Services Commission,
  935  including claims liabilities in an amount certified as adequate
  936  by a Fellow of the Casualty Actuarial Society.
  937  
  938  Upon request by the department, the applicant shall must provide
  939  the department at the applicant’s principal place of business in
  940  this state access to the applicant’s underlying financial
  941  information and financial statements that provide the basis of
  942  the certified public accountant’s certification. The applicant
  943  shall reimburse the requesting department for all reasonable
  944  costs incurred by it in reviewing the supporting information.
  945  The maximum amount of self-insurance permissible under this
  946  subsection is $300,000 and must be stated on a per-occurrence
  947  basis, and the applicant shall maintain adequate excess
  948  insurance issued by an authorized or eligible insurer licensed
  949  or approved by the Office of Insurance Regulation. All risks
  950  self-insured shall remain with the owner or lessee providing it,
  951  and the risks are not transferable to any other person, unless a
  952  policy complying with subsections (1) and (2) subsection (1) is
  953  obtained.
  954         Section 18. Paragraph (b) of subsection (2) of section
  955  324.051, Florida Statutes, is amended to read:
  956         324.051 Reports of crashes; suspensions of licenses and
  957  registrations.—
  958         (2)
  959         (b) This subsection does shall not apply:
  960         1. To such operator or owner if such operator or owner had
  961  in effect at the time of such crash or traffic conviction a
  962  motor vehicle an automobile liability policy with respect to all
  963  of the registered motor vehicles owned by such operator or
  964  owner.
  965         2. To such operator, if not the owner of such motor
  966  vehicle, if there was in effect at the time of such crash or
  967  traffic conviction a motor vehicle an automobile liability
  968  policy or bond with respect to his or her operation of motor
  969  vehicles not owned by him or her.
  970         3. To such operator or owner if the liability of such
  971  operator or owner for damages resulting from such crash is, in
  972  the judgment of the department, covered by any other form of
  973  liability insurance or bond.
  974         4. To any person who has obtained from the department a
  975  certificate of self-insurance, in accordance with s. 324.171, or
  976  to any person operating a motor vehicle for such self-insurer.
  977  
  978  No such policy or bond shall be effective under this subsection
  979  unless it contains limits of not less than those specified in s.
  980  324.021(7).
  981         Section 19. Section 324.071, Florida Statutes, is amended
  982  to read:
  983         324.071 Reinstatement; renewal of license; reinstatement
  984  fee.—An Any operator or owner whose license or registration has
  985  been suspended pursuant to s. 324.051(2), s. 324.072, s.
  986  324.081, or s. 324.121 may effect its reinstatement upon
  987  compliance with the provisions of s. 324.051(2)(a)3. or 4., or
  988  s. 324.081(2) and (3), as the case may be, and with one of the
  989  provisions of s. 324.031 and upon payment to the department of a
  990  nonrefundable reinstatement fee of $15. Only one such fee may
  991  shall be paid by any one person regardless irrespective of the
  992  number of licenses and registrations to be then reinstated or
  993  issued to such person. All Such fees must shall be deposited to
  994  a department trust fund. If When the reinstatement of any
  995  license or registration is effected by compliance with s.
  996  324.051(2)(a)3. or 4., the department may shall not renew the
  997  license or registration within a period of 3 years after from
  998  such reinstatement, nor may shall any other license or
  999  registration be issued in the name of such person, unless the
 1000  operator continues is continuing to comply with one of the
 1001  provisions of s. 324.031.
 1002         Section 20. Subsection (1) of section 324.091, Florida
 1003  Statutes, is amended to read:
 1004         324.091 Notice to department; notice to insurer.—
 1005         (1) Each owner and operator involved in a crash or
 1006  conviction case within the purview of this chapter shall furnish
 1007  evidence of automobile liability insurance or motor vehicle
 1008  liability insurance within 14 days after the date of the mailing
 1009  of notice of crash by the department in the form and manner as
 1010  it may designate. Upon receipt of evidence that a an automobile
 1011  liability policy or motor vehicle liability policy was in effect
 1012  at the time of the crash or conviction case, the department
 1013  shall forward to the insurer such information for verification
 1014  in a method as determined by the department. The insurer shall
 1015  respond to the department within 20 days after the notice as to
 1016  whether or not such information is valid. If the department
 1017  determines that a an automobile liability policy or motor
 1018  vehicle liability policy was not in effect and did not provide
 1019  coverage for both the owner and the operator, it must shall take
 1020  action as it is authorized to do under this chapter.
 1021         Section 21. Section 324.151, Florida Statutes, is amended
 1022  to read:
 1023         324.151 Motor vehicle liability policies; required
 1024  provisions.—
 1025         (1) A motor vehicle liability policy that serves as to be
 1026  proof of financial responsibility under s. 324.031(1) must,
 1027  shall be issued to owners or operators of motor vehicles under
 1028  the following provisions:
 1029         (a) A motor vehicle An owner’s liability insurance policy
 1030  issued to an owner of a motor vehicle registered in this state
 1031  must shall designate by explicit description or by appropriate
 1032  reference all motor vehicles for with respect to which coverage
 1033  is thereby granted. The policy must and shall insure the person
 1034  or persons owner named therein and any other person as operator
 1035  using such motor vehicle or motor vehicles with the express or
 1036  implied permission of such owner against loss from the liability
 1037  imposed by law for damage arising out of the ownership,
 1038  maintenance, or use of any such motor vehicle or motor vehicles
 1039  within the United States or the Dominion of Canada, subject to
 1040  limits, exclusive of interest and costs with respect to each
 1041  such motor vehicle as is provided for under s. 324.021(7).
 1042  Insurers may make available, with respect to property damage
 1043  liability coverage, a deductible amount not to exceed $500. In
 1044  the event of a property damage loss covered by a policy
 1045  containing a property damage deductible provision, the insurer
 1046  shall pay to the third-party claimant the amount of any property
 1047  damage liability settlement or judgment, subject to policy
 1048  limits, as if no deductible existed.
 1049         (b) An operator’s motor vehicle liability policy of
 1050  insurance must shall insure the person or persons named therein
 1051  against loss from the liability imposed upon him or her by law
 1052  for damages arising out of the use by the person of any motor
 1053  vehicle not owned by him or her, with the same territorial
 1054  limits and subject to the same limits of liability as referred
 1055  to above with respect to an owner’s policy of liability
 1056  insurance.
 1057         (c) All such motor vehicle liability policies must shall
 1058  state the name and address of the named insured, the coverage
 1059  afforded by the policy, the premium charged therefor, the policy
 1060  period, the limits of liability, and must shall contain an
 1061  agreement or be endorsed that insurance is provided in
 1062  accordance with the coverage defined in this chapter as respects
 1063  bodily injury and death or property damage or both and is
 1064  subject to all provisions of this chapter. The Said policies
 1065  must shall also contain a provision that the satisfaction by an
 1066  insured of a judgment for such injury or damage may shall not be
 1067  a condition precedent to the right or duty of the insurance
 1068  carrier to make payment on account of such injury or damage, and
 1069  must shall also contain a provision that bankruptcy or
 1070  insolvency of the insured or of the insured’s estate may shall
 1071  not relieve the insurance carrier of any of its obligations
 1072  under the said policy.
 1073         (2) The provisions of This section is shall not be
 1074  applicable to any automobile liability policy unless and until
 1075  it is furnished as proof of financial responsibility for the
 1076  future pursuant to s. 324.031, and then only from and after the
 1077  date the said policy is so furnished.
 1078         Section 22. Section 324.161, Florida Statutes, is amended
 1079  to read:
 1080         324.161 Proof of financial responsibility; deposit.—If a
 1081  person elects to prove his or her financial responsibility under
 1082  the method of proof specified in s. 324.031(1)(b), he or she
 1083  must obtain proof of a certificate of deposit annually, in the
 1084  amount required under s. 324.031(2), from a financial
 1085  institution insured by the Federal Deposit Insurance Corporation
 1086  or the National Credit Union Administration. Proof of such
 1087  certificate of deposit Annually, before any certificate of
 1088  insurance may be issued to a person, including any firm,
 1089  partnership, association, corporation, or other person, other
 1090  than a natural person, proof of a certificate of deposit of
 1091  $30,000 issued and held by a financial institution must be
 1092  submitted to the department annually. A power of attorney will
 1093  be issued to and held by the department and may be executed upon
 1094  a judgment issued against such person making the deposit, for
 1095  damages for because of bodily injury to or death of any person
 1096  or for damages for because of injury to or destruction of
 1097  property resulting from the use or operation of any motor
 1098  vehicle occurring after such deposit was made. Money so
 1099  deposited is shall not be subject to attachment or execution
 1100  unless such attachment or execution arises shall arise out of a
 1101  lawsuit suit for such damages as aforesaid.
 1102         Section 23. Subsections (1) and (2) of section 324.171,
 1103  Florida Statutes, are amended to read:
 1104         324.171 Self-insurer.—
 1105         (1) A Any person may qualify as a self-insurer by obtaining
 1106  a certificate of self-insurance from the department. which may,
 1107  in its discretion and Upon application of such a person, the
 1108  department may issue a said certificate of self-insurance if the
 1109  applicant when such person has satisfied the requirements of
 1110  this section to qualify as a self-insurer under this section:
 1111         (a) A private individual with private passenger vehicles
 1112  must shall possess a net unencumbered worth: of
 1113         1.Beginning January 1, 2019, through December 31, 2020, of
 1114  at least $80,000.
 1115         2. Beginning January 1, 2021, through December 31, 2022, of
 1116  at least $100,000.
 1117         3. Beginning January 1, 2023, and thereafter, of at least
 1118  $120,000 $40,000.
 1119         (b) A person, including any firm, partnership, association,
 1120  corporation, or other person, other than a natural person, must
 1121  shall:
 1122         1. Possess a net unencumbered worth: of
 1123         a. Beginning January 1, 2019, through December 31, 2020, of
 1124  at least $80,000 for the first motor vehicle and $40,000 for
 1125  each additional motor vehicle.
 1126         b. Beginning January 1, 2021, through December 31, 2022, of
 1127  at least $100,000 for the first motor vehicle and $50,000 for
 1128  each additional motor vehicle.
 1129         c. Beginning January 1, 2023, and thereafter, of at least
 1130  $120,000 $40,000 for the first motor vehicle and $60,000 $20,000
 1131  for each additional motor vehicle; or
 1132         2. Maintain sufficient net worth, in an amount determined
 1133  by the department, to be financially responsible for potential
 1134  losses. The department shall annually determine the minimum net
 1135  worth sufficient to satisfy this subparagraph as determined
 1136  annually by the department, pursuant to rules adopted
 1137  promulgated by the department, with the assistance of the Office
 1138  of Insurance Regulation of the Financial Services Commission, to
 1139  be financially responsible for potential losses. The rules must
 1140  consider any shall take into consideration excess insurance
 1141  carried by the applicant. The department’s determination must
 1142  shall be based upon reasonable actuarial principles considering
 1143  the frequency, severity, and loss development of claims incurred
 1144  by casualty insurers writing coverage on the type of motor
 1145  vehicles for which a certificate of self-insurance is desired.
 1146         (c) The owner of a commercial motor vehicle, as defined in
 1147  s. 207.002 or s. 320.01, may qualify as a self-insurer subject
 1148  to the standards provided for in subparagraph (b)2.
 1149         (2) The self-insurance certificate must shall provide
 1150  limits of liability insurance in the amounts specified under s.
 1151  324.021(7) or s. 627.7415 and shall provide personal injury
 1152  protection coverage under s. 627.733(3)(b).
 1153         Section 24. Section 324.251, Florida Statutes, is amended
 1154  to read:
 1155         324.251 Short title.—This chapter may be cited as the
 1156  “Financial Responsibility Law of 2018 1955” and is shall become
 1157  effective at 12:01 a.m., January 1, 2019 October 1, 1955.
 1158         Section 25. Subsection (4) of section 400.9905, Florida
 1159  Statutes, is amended to read:
 1160         400.9905 Definitions.—
 1161         (4) “Clinic” means an entity where health care services are
 1162  provided to individuals and which tenders charges for
 1163  reimbursement for such services, including a mobile clinic and a
 1164  portable equipment provider. As used in this part, the term does
 1165  not include and the licensure requirements of this part do not
 1166  apply to:
 1167         (a) Entities licensed or registered by the state under
 1168  chapter 395; entities licensed or registered by the state and
 1169  providing only health care services within the scope of services
 1170  authorized under their respective licenses under ss. 383.30
 1171  383.335, chapter 390, chapter 394, chapter 397, this chapter
 1172  except part X, chapter 429, chapter 463, chapter 465, chapter
 1173  466, chapter 478, part I of chapter 483, chapter 484, or chapter
 1174  651; end-stage renal disease providers authorized under 42
 1175  C.F.R. part 405, subpart U; providers certified under 42 C.F.R.
 1176  part 485, subpart B or subpart H; or any entity that provides
 1177  neonatal or pediatric hospital-based health care services or
 1178  other health care services by licensed practitioners solely
 1179  within a hospital licensed under chapter 395.
 1180         (b) Entities that own, directly or indirectly, entities
 1181  licensed or registered by the state pursuant to chapter 395;
 1182  entities that own, directly or indirectly, entities licensed or
 1183  registered by the state and providing only health care services
 1184  within the scope of services authorized pursuant to their
 1185  respective licenses under ss. 383.30-383.335, chapter 390,
 1186  chapter 394, chapter 397, this chapter except part X, chapter
 1187  429, chapter 463, chapter 465, chapter 466, chapter 478, part I
 1188  of chapter 483, chapter 484, or chapter 651; end-stage renal
 1189  disease providers authorized under 42 C.F.R. part 405, subpart
 1190  U; providers certified under 42 C.F.R. part 485, subpart B or
 1191  subpart H; or any entity that provides neonatal or pediatric
 1192  hospital-based health care services by licensed practitioners
 1193  solely within a hospital licensed under chapter 395.
 1194         (c) Entities that are owned, directly or indirectly, by an
 1195  entity licensed or registered by the state pursuant to chapter
 1196  395; entities that are owned, directly or indirectly, by an
 1197  entity licensed or registered by the state and providing only
 1198  health care services within the scope of services authorized
 1199  pursuant to their respective licenses under ss. 383.30-383.335,
 1200  chapter 390, chapter 394, chapter 397, this chapter except part
 1201  X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
 1202  478, part I of chapter 483, chapter 484, or chapter 651; end
 1203  stage renal disease providers authorized under 42 C.F.R. part
 1204  405, subpart U; providers certified under 42 C.F.R. part 485,
 1205  subpart B or subpart H; or any entity that provides neonatal or
 1206  pediatric hospital-based health care services by licensed
 1207  practitioners solely within a hospital under chapter 395.
 1208         (d) Entities that are under common ownership, directly or
 1209  indirectly, with an entity licensed or registered by the state
 1210  pursuant to chapter 395; entities that are under common
 1211  ownership, directly or indirectly, with an entity licensed or
 1212  registered by the state and providing only health care services
 1213  within the scope of services authorized pursuant to their
 1214  respective licenses under ss. 383.30-383.335, chapter 390,
 1215  chapter 394, chapter 397, this chapter except part X, chapter
 1216  429, chapter 463, chapter 465, chapter 466, chapter 478, part I
 1217  of chapter 483, chapter 484, or chapter 651; end-stage renal
 1218  disease providers authorized under 42 C.F.R. part 405, subpart
 1219  U; providers certified under 42 C.F.R. part 485, subpart B or
 1220  subpart H; or any entity that provides neonatal or pediatric
 1221  hospital-based health care services by licensed practitioners
 1222  solely within a hospital licensed under chapter 395.
 1223         (e) An entity that is exempt from federal taxation under 26
 1224  U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
 1225  under 26 U.S.C. s. 409 that has a board of trustees at least
 1226  two-thirds of which are Florida-licensed health care
 1227  practitioners and provides only physical therapy services under
 1228  physician orders, any community college or university clinic,
 1229  and any entity owned or operated by the federal or state
 1230  government, including agencies, subdivisions, or municipalities
 1231  thereof.
 1232         (f) A sole proprietorship, group practice, partnership, or
 1233  corporation that provides health care services by physicians
 1234  covered by s. 627.419, that is directly supervised by one or
 1235  more of such physicians, and that is wholly owned by one or more
 1236  of those physicians or by a physician and the spouse, parent,
 1237  child, or sibling of that physician.
 1238         (g) A sole proprietorship, group practice, partnership, or
 1239  corporation that provides health care services by licensed
 1240  health care practitioners under chapter 457, chapter 458,
 1241  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
 1242  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
 1243  chapter 490, chapter 491, or part I, part III, part X, part
 1244  XIII, or part XIV of chapter 468, or s. 464.012, and that is
 1245  wholly owned by one or more licensed health care practitioners,
 1246  or the licensed health care practitioners set forth in this
 1247  paragraph and the spouse, parent, child, or sibling of a
 1248  licensed health care practitioner if one of the owners who is a
 1249  licensed health care practitioner is supervising the business
 1250  activities and is legally responsible for the entity’s
 1251  compliance with all federal and state laws. However, a health
 1252  care practitioner may not supervise services beyond the scope of
 1253  the practitioner’s license, except that, for the purposes of
 1254  this part, a clinic owned by a licensee in s. 456.053(3)(b)
 1255  which provides only services authorized pursuant to s.
 1256  456.053(3)(b) may be supervised by a licensee specified in s.
 1257  456.053(3)(b).
 1258         (h) Clinical facilities affiliated with an accredited
 1259  medical school at which training is provided for medical
 1260  students, residents, or fellows.
 1261         (i) Entities that provide only oncology or radiation
 1262  therapy services by physicians licensed under chapter 458 or
 1263  chapter 459 or entities that provide oncology or radiation
 1264  therapy services by physicians licensed under chapter 458 or
 1265  chapter 459 which are owned by a corporation whose shares are
 1266  publicly traded on a recognized stock exchange.
 1267         (j) Clinical facilities affiliated with a college of
 1268  chiropractic accredited by the Council on Chiropractic Education
 1269  at which training is provided for chiropractic students.
 1270         (k) Entities that provide licensed practitioners to staff
 1271  emergency departments or to deliver anesthesia services in
 1272  facilities licensed under chapter 395 and that derive at least
 1273  90 percent of their gross annual revenues from the provision of
 1274  such services. Entities claiming an exemption from licensure
 1275  under this paragraph must provide documentation demonstrating
 1276  compliance.
 1277         (l) Orthotic, prosthetic, pediatric cardiology, or
 1278  perinatology clinical facilities or anesthesia clinical
 1279  facilities that are not otherwise exempt under paragraph (a) or
 1280  paragraph (k) and that are a publicly traded corporation or are
 1281  wholly owned, directly or indirectly, by a publicly traded
 1282  corporation. As used in this paragraph, a publicly traded
 1283  corporation is a corporation that issues securities traded on an
 1284  exchange registered with the United States Securities and
 1285  Exchange Commission as a national securities exchange.
 1286         (m) Entities that are owned by a corporation that has $250
 1287  million or more in total annual sales of health care services
 1288  provided by licensed health care practitioners where one or more
 1289  of the persons responsible for the operations of the entity is a
 1290  health care practitioner who is licensed in this state and who
 1291  is responsible for supervising the business activities of the
 1292  entity and is responsible for the entity’s compliance with state
 1293  law for purposes of this part.
 1294         (n) Entities that employ 50 or more licensed health care
 1295  practitioners licensed under chapter 458 or chapter 459 where
 1296  the billing for medical services is under a single tax
 1297  identification number. The application for exemption under this
 1298  subsection must include shall contain information that includes:
 1299  the name, residence, and business address and telephone phone
 1300  number of the entity that owns the practice; a complete list of
 1301  the names and contact information of all the officers and
 1302  directors of the corporation; the name, residence address,
 1303  business address, and medical license number of each licensed
 1304  Florida health care practitioner employed by the entity; the
 1305  corporate tax identification number of the entity seeking an
 1306  exemption; a listing of health care services to be provided by
 1307  the entity at the health care clinics owned or operated by the
 1308  entity; and a certified statement prepared by an independent
 1309  certified public accountant which states that the entity and the
 1310  health care clinics owned or operated by the entity have not
 1311  received payment for health care services under medical payments
 1312  personal injury protection insurance coverage for the preceding
 1313  year. If the agency determines that an entity that which is
 1314  exempt under this subsection has received payments for medical
 1315  services under medical payments personal injury protection
 1316  insurance coverage, the agency may deny or revoke the exemption
 1317  from licensure under this subsection.
 1318  
 1319  Notwithstanding this subsection, an entity shall be deemed a
 1320  clinic and must be licensed under this part in order to receive
 1321  medical payments coverage reimbursement under s. 627.7265 the
 1322  Florida Motor Vehicle No-Fault Law, ss. 627.730-627.7405, unless
 1323  exempted under s. 627.736(5)(h).
 1324         Section 26. Subsection (6) of section 400.991, Florida
 1325  Statutes, is amended to read:
 1326         400.991 License requirements; background screenings;
 1327  prohibitions.—
 1328         (6) All agency forms for licensure application or exemption
 1329  from licensure under this part must contain the following
 1330  statement:
 1331  
 1332         INSURANCE FRAUD NOTICE.—A person commits a fraudulent
 1333         insurance act, as defined in s. 626.989, Florida
 1334         Statutes, if the person who knowingly submits a false,
 1335         misleading, or fraudulent application or other
 1336         document when applying for licensure as a health care
 1337         clinic, seeking an exemption from licensure as a
 1338         health care clinic, or demonstrating compliance with
 1339         part X of chapter 400, Florida Statutes, with the
 1340         intent to use the license, exemption from licensure,
 1341         or demonstration of compliance to provide services or
 1342         seek reimbursement under a motor vehicle liability
 1343         insurance policy’s medical payments coverage the
 1344         Florida Motor Vehicle No-Fault Law, commits a
 1345         fraudulent insurance act, as defined in s. 626.989,
 1346         Florida Statutes. A person who presents a claim for
 1347         benefits under medical payments coverage, personal
 1348         injury protection benefits knowing that the payee
 1349         knowingly submitted such health care clinic
 1350         application or document, commits insurance fraud, as
 1351         defined in s. 817.234, Florida Statutes.
 1352         Section 27. Paragraph (g) of subsection (1) of section
 1353  400.9935, Florida Statutes, is amended to read:
 1354         400.9935 Clinic responsibilities.—
 1355         (1) Each clinic shall appoint a medical director or clinic
 1356  director who shall agree in writing to accept legal
 1357  responsibility for the following activities on behalf of the
 1358  clinic. The medical director or the clinic director shall:
 1359         (g) Conduct systematic reviews of clinic billings to ensure
 1360  that the billings are not fraudulent or unlawful. Upon discovery
 1361  of an unlawful charge, the medical director or clinic director
 1362  shall take immediate corrective action. If the clinic performs
 1363  only the technical component of magnetic resonance imaging,
 1364  static radiographs, computed tomography, or positron emission
 1365  tomography, and provides the professional interpretation of such
 1366  services, in a fixed facility that is accredited by a national
 1367  accrediting organization that is approved by the Centers for
 1368  Medicare and Medicaid Services for magnetic resonance imaging
 1369  and advanced diagnostic imaging services and if, in the
 1370  preceding quarter, the percentage of scans performed by that
 1371  clinic which was billed to motor vehicle all personal injury
 1372  protection insurance carriers under medical payments coverage
 1373  was less than 15 percent, the chief financial officer of the
 1374  clinic may, in a written acknowledgment provided to the agency,
 1375  assume the responsibility for the conduct of the systematic
 1376  reviews of clinic billings to ensure that the billings are not
 1377  fraudulent or unlawful.
 1378         Section 28. Subsection (28) of section 409.901, Florida
 1379  Statutes, is amended to read:
 1380         409.901 Definitions; ss. 409.901-409.920.—As used in ss.
 1381  409.901-409.920, except as otherwise specifically provided, the
 1382  term:
 1383         (28) “Third-party benefit” means any benefit that is or may
 1384  be available at any time through contract, court award,
 1385  judgment, settlement, agreement, or any arrangement between a
 1386  third party and any person or entity, including, without
 1387  limitation, a Medicaid recipient, a provider, another third
 1388  party, an insurer, or the agency, for any Medicaid-covered
 1389  injury, illness, goods, or services, including costs of medical
 1390  services related thereto, for bodily personal injury or for
 1391  death of the recipient, but specifically excluding policies of
 1392  life insurance policies on the recipient, unless available under
 1393  terms of the policy to pay medical expenses before prior to
 1394  death. The term includes, without limitation, collateral, as
 1395  defined in this section, health insurance, any benefit under a
 1396  health maintenance organization, a preferred provider
 1397  arrangement, a prepaid health clinic, liability insurance,
 1398  uninsured motorist insurance, medical payments coverage or
 1399  personal injury protection coverage, medical benefits under
 1400  workers’ compensation, and any obligation under law or equity to
 1401  provide medical support.
 1402         Section 29. Paragraph (f) of subsection (11) of section
 1403  409.910, Florida Statutes, is amended to read:
 1404         409.910 Responsibility for payments on behalf of Medicaid
 1405  eligible persons when other parties are liable.—
 1406         (11) The agency may, as a matter of right, in order to
 1407  enforce its rights under this section, institute, intervene in,
 1408  or join any legal or administrative proceeding in its own name
 1409  in one or more of the following capacities: individually, as
 1410  subrogee of the recipient, as assignee of the recipient, or as
 1411  lienholder of the collateral.
 1412         (f) Notwithstanding any provision in this section to the
 1413  contrary, in the event of an action in tort against a third
 1414  party in which the recipient or his or her legal representative
 1415  is a party which results in a judgment, award, or settlement
 1416  from a third party, the amount recovered shall be distributed as
 1417  follows:
 1418         1. After attorney attorney’s fees and taxable costs as
 1419  defined by the Florida Rules of Civil Procedure, one-half of the
 1420  remaining recovery shall be paid to the agency up to the total
 1421  amount of medical assistance provided by Medicaid.
 1422         2. The remaining amount of the recovery shall be paid to
 1423  the recipient.
 1424         3. For purposes of calculating the agency’s recovery of
 1425  medical assistance benefits paid, the fee for services of an
 1426  attorney retained by the recipient or his or her legal
 1427  representative shall be calculated at 25 percent of the
 1428  judgment, award, or settlement.
 1429         4. Notwithstanding any other provision of this section to
 1430  the contrary, the agency shall be entitled to all medical
 1431  coverage benefits up to the total amount of medical assistance
 1432  provided by Medicaid. For purposes of this paragraph, the term
 1433  “medical coverage” means any benefits under health insurance, a
 1434  health maintenance organization, a preferred provider
 1435  arrangement, or a prepaid health clinic, and the portion of
 1436  benefits designated for medical payments under coverage for
 1437  workers’ compensation coverage, motor vehicle insurance
 1438  coverage, personal injury protection, and casualty coverage.
 1439         Section 30. Paragraph (k) of subsection (2) of section
 1440  456.057, Florida Statutes, is amended to read:
 1441         456.057 Ownership and control of patient records; report or
 1442  copies of records to be furnished; disclosure of information.—
 1443         (2) As used in this section, the terms “records owner,”
 1444  “health care practitioner,” and “health care practitioner’s
 1445  employer” do not include any of the following persons or
 1446  entities; furthermore, the following persons or entities are not
 1447  authorized to acquire or own medical records, but are authorized
 1448  under the confidentiality and disclosure requirements of this
 1449  section to maintain those documents required by the part or
 1450  chapter under which they are licensed or regulated:
 1451         (k) Persons or entities practicing under s. 627.7265 s.
 1452  627.736(7).
 1453         Section 31. Paragraphs (ee) and (ff) of subsection (1) of
 1454  section 456.072, Florida Statutes, are amended to read:
 1455         456.072 Grounds for discipline; penalties; enforcement.—
 1456         (1) The following acts shall constitute grounds for which
 1457  the disciplinary actions specified in subsection (2) may be
 1458  taken:
 1459         (ee) With respect to making a medical payments coverage
 1460  personal injury protection claim under s. 627.7265 as required
 1461  by s. 627.736, intentionally submitting a claim, statement, or
 1462  bill that has been upcoded. As used in this paragraph, the term
 1463  “upcoded” means an action that submits a billing code that would
 1464  result in payment greater in amount than would be paid using a
 1465  billing code that accurately describes the services performed.
 1466  The term does not include an otherwise lawful bill by a magnetic
 1467  resonance imaging facility, which globally combines both
 1468  technical and professional components, if the amount of the
 1469  global bill is not more than the components if billed
 1470  separately; however, payment of such a bill constitutes payment
 1471  in full for all components of such service “upcoded” as defined
 1472  in s. 627.732.
 1473         (ff) With respect to making a medical payments coverage
 1474  personal injury protection claim as required under s. 627.7265
 1475  by s. 627.736, intentionally submitting a claim, statement, or
 1476  bill for payment of services that were not rendered.
 1477         Section 32. Paragraphs (i) and (o) of subsection (1) of
 1478  section 626.9541, Florida Statutes, are amended to read:
 1479         626.9541 Unfair methods of competition and unfair or
 1480  deceptive acts or practices defined.—
 1481         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
 1482  ACTS.—The following are defined as unfair methods of competition
 1483  and unfair or deceptive acts or practices:
 1484         (i) Unfair claim settlement practices.—
 1485         1. Attempting to settle claims on the basis of an
 1486  application, when serving as a binder or intended to become a
 1487  part of the policy, or any other material document which was
 1488  altered without notice to, or knowledge or consent of, the
 1489  insured;
 1490         2. A material misrepresentation made to an insured or any
 1491  other person having an interest in the proceeds payable under
 1492  such contract or policy, for the purpose and with the intent of
 1493  effecting settlement of such claims, loss, or damage under such
 1494  contract or policy on less favorable terms than those provided
 1495  in, and contemplated by, such contract or policy; or
 1496         3. Committing or performing with such frequency as to
 1497  indicate a general business practice any of the following:
 1498         a. Failing to adopt and implement standards for the proper
 1499  investigation of claims;
 1500         b. Misrepresenting pertinent facts or insurance policy
 1501  provisions relating to coverages at issue;
 1502         c. Failing to acknowledge and act promptly upon
 1503  communications with respect to claims;
 1504         d. Denying claims without conducting reasonable
 1505  investigations based upon available information;
 1506         e. Failing to affirm or deny full or partial coverage of
 1507  claims, and, as to partial coverage, the dollar amount or extent
 1508  of coverage, or failing to provide a written statement that the
 1509  claim is being investigated, upon the written request of the
 1510  insured within 30 days after proof-of-loss statements have been
 1511  completed;
 1512         f. Failing to promptly provide a reasonable explanation in
 1513  writing to the insured of the basis in the insurance policy, in
 1514  relation to the facts or applicable law, for denial of a claim
 1515  or for the offer of a compromise settlement;
 1516         g. Failing to promptly notify the insured of any additional
 1517  information necessary for the processing of a claim; or
 1518         h. Failing to clearly explain the nature of the requested
 1519  information and the reasons why such information is necessary.
 1520         i. Failing to pay personal injury protection insurance
 1521  claims within the time periods required by s. 627.736(4)(b). The
 1522  office may order the insurer to pay restitution to a
 1523  policyholder, medical provider, or other claimant, including
 1524  interest at a rate consistent with the amount set forth in s.
 1525  55.03(1), for the time period within which an insurer fails to
 1526  pay claims as required by law. Restitution is in addition to any
 1527  other penalties allowed by law, including, but not limited to,
 1528  the suspension of the insurer’s certificate of authority.
 1529         4. Failing to pay undisputed amounts of partial or full
 1530  benefits owed under first-party property insurance policies
 1531  within 90 days after an insurer receives notice of a residential
 1532  property insurance claim, determines the amounts of partial or
 1533  full benefits, and agrees to coverage, unless payment of the
 1534  undisputed benefits is prevented by an act of God, prevented by
 1535  the impossibility of performance, or due to actions by the
 1536  insured or claimant that constitute fraud, lack of cooperation,
 1537  or intentional misrepresentation regarding the claim for which
 1538  benefits are owed.
 1539         (o) Illegal dealings in premiums; excess or reduced charges
 1540  for insurance.—
 1541         1. Knowingly collecting any sum as a premium or charge for
 1542  insurance, which is not then provided, or is not in due course
 1543  to be provided, subject to acceptance of the risk by the
 1544  insurer, by an insurance policy issued by an insurer as
 1545  permitted by this code.
 1546         2. Knowingly collecting as a premium or charge for
 1547  insurance any sum in excess of or less than the premium or
 1548  charge applicable to such insurance, in accordance with the
 1549  applicable classifications and rates as filed with and approved
 1550  by the office, and as specified in the policy; or, in cases when
 1551  classifications, premiums, or rates are not required by this
 1552  code to be so filed and approved, premiums and charges collected
 1553  from a Florida resident in excess of or less than those
 1554  specified in the policy and as fixed by the insurer.
 1555  Notwithstanding any other provision of law, this provision shall
 1556  not be deemed to prohibit the charging and collection, by
 1557  surplus lines agents licensed under part VIII of this chapter,
 1558  of the amount of applicable state and federal taxes, or fees as
 1559  authorized by s. 626.916(4), in addition to the premium required
 1560  by the insurer or the charging and collection, by licensed
 1561  agents, of the exact amount of any discount or other such fee
 1562  charged by a credit card facility in connection with the use of
 1563  a credit card, as authorized by subparagraph (q)3., in addition
 1564  to the premium required by the insurer. This subparagraph shall
 1565  not be construed to prohibit collection of a premium for a
 1566  universal life or a variable or indeterminate value insurance
 1567  policy made in accordance with the terms of the contract.
 1568         3.a. Imposing or requesting an additional premium for
 1569  bodily injury liability coverage, property damage liability
 1570  coverage a policy of motor vehicle liability, personal injury
 1571  protection, medical payment coverage, or collision coverage in a
 1572  motor vehicle liability insurance policy insurance or any
 1573  combination thereof or refusing to renew the policy solely
 1574  because the insured was involved in a motor vehicle accident
 1575  unless the insurer’s file contains information from which the
 1576  insurer in good faith determines that the insured was
 1577  substantially at fault in the accident.
 1578         b. An insurer which imposes and collects such a surcharge
 1579  or which refuses to renew such policy shall, in conjunction with
 1580  the notice of premium due or notice of nonrenewal, notify the
 1581  named insured that he or she is entitled to reimbursement of
 1582  such amount or renewal of the policy under the conditions listed
 1583  below and will subsequently reimburse him or her or renew the
 1584  policy, if the named insured demonstrates that the operator
 1585  involved in the accident was:
 1586         (I) Lawfully parked;
 1587         (II) Reimbursed by, or on behalf of, a person responsible
 1588  for the accident or has a judgment against such person;
 1589         (III) Struck in the rear by another vehicle headed in the
 1590  same direction and was not convicted of a moving traffic
 1591  violation in connection with the accident;
 1592         (IV) Hit by a “hit-and-run” driver, if the accident was
 1593  reported to the proper authorities within 24 hours after
 1594  discovering the accident;
 1595         (V) Not convicted of a moving traffic violation in
 1596  connection with the accident, but the operator of the other
 1597  automobile involved in such accident was convicted of a moving
 1598  traffic violation;
 1599         (VI) Finally adjudicated not to be liable by a court of
 1600  competent jurisdiction;
 1601         (VII) In receipt of a traffic citation which was dismissed
 1602  or nolle prossed; or
 1603         (VIII) Not at fault as evidenced by a written statement
 1604  from the insured establishing facts demonstrating lack of fault
 1605  which are not rebutted by information in the insurer’s file from
 1606  which the insurer in good faith determines that the insured was
 1607  substantially at fault.
 1608         c. In addition to the other provisions of this
 1609  subparagraph, an insurer may not fail to renew a policy if the
 1610  insured has had only one accident in which he or she was at
 1611  fault within the current 3-year period. However, an insurer may
 1612  nonrenew a policy for reasons other than accidents in accordance
 1613  with s. 627.728. This subparagraph does not prohibit nonrenewal
 1614  of a policy under which the insured has had three or more
 1615  accidents, regardless of fault, during the most recent 3-year
 1616  period.
 1617         4. Imposing or requesting an additional premium for, or
 1618  refusing to renew, a policy for motor vehicle insurance solely
 1619  because the insured committed a noncriminal traffic infraction
 1620  as described in s. 318.14 unless the infraction is:
 1621         a. A second infraction committed within an 18-month period,
 1622  or a third or subsequent infraction committed within a 36-month
 1623  period.
 1624         b. A violation of s. 316.183, when such violation is a
 1625  result of exceeding the lawful speed limit by more than 15 miles
 1626  per hour.
 1627         5. Upon the request of the insured, the insurer and
 1628  licensed agent shall supply to the insured the complete proof of
 1629  fault or other criteria which justifies the additional charge or
 1630  cancellation.
 1631         6. No insurer shall impose or request an additional premium
 1632  for motor vehicle insurance, cancel or refuse to issue a policy,
 1633  or refuse to renew a policy because the insured or the applicant
 1634  is a handicapped or physically disabled person, so long as such
 1635  handicap or physical disability does not substantially impair
 1636  such person’s mechanically assisted driving ability.
 1637         7. No insurer may cancel or otherwise terminate any
 1638  insurance contract or coverage, or require execution of a
 1639  consent to rate endorsement, during the stated policy term for
 1640  the purpose of offering to issue, or issuing, a similar or
 1641  identical contract or coverage to the same insured with the same
 1642  exposure at a higher premium rate or continuing an existing
 1643  contract or coverage with the same exposure at an increased
 1644  premium.
 1645         8. No insurer may issue a nonrenewal notice on any
 1646  insurance contract or coverage, or require execution of a
 1647  consent to rate endorsement, for the purpose of offering to
 1648  issue, or issuing, a similar or identical contract or coverage
 1649  to the same insured at a higher premium rate or continuing an
 1650  existing contract or coverage at an increased premium without
 1651  meeting any applicable notice requirements.
 1652         9. No insurer shall, with respect to premiums charged for
 1653  motor vehicle insurance, unfairly discriminate solely on the
 1654  basis of age, sex, marital status, or scholastic achievement.
 1655         10. Imposing or requesting an additional premium for motor
 1656  vehicle comprehensive or uninsured motorist coverage solely
 1657  because the insured was involved in a motor vehicle accident or
 1658  was convicted of a moving traffic violation.
 1659         11. No insurer shall cancel or issue a nonrenewal notice on
 1660  any insurance policy or contract without complying with any
 1661  applicable cancellation or nonrenewal provision required under
 1662  the Florida Insurance Code.
 1663         12. No insurer shall impose or request an additional
 1664  premium, cancel a policy, or issue a nonrenewal notice on any
 1665  insurance policy or contract because of any traffic infraction
 1666  when adjudication has been withheld and no points have been
 1667  assessed pursuant to s. 318.14(9) and (10). However, this
 1668  subparagraph does not apply to traffic infractions involving
 1669  accidents in which the insurer has incurred a loss due to the
 1670  fault of the insured.
 1671         Section 33. Paragraph (a) of subsection (1) of section
 1672  626.989, Florida Statutes, is amended to read:
 1673         626.989 Investigation by department or Division of
 1674  Investigative and Forensic Services; compliance; immunity;
 1675  confidential information; reports to division; division
 1676  investigator’s power of arrest.—
 1677         (1) For the purposes of this section:
 1678         (a) A person commits a “fraudulent insurance act” if the
 1679  person:
 1680         1. Knowingly and with intent to defraud presents, causes to
 1681  be presented, or prepares with knowledge or belief that it will
 1682  be presented, to or by an insurer, self-insurer, self-insurance
 1683  fund, servicing corporation, purported insurer, broker, or any
 1684  agent thereof, any written statement as part of, or in support
 1685  of, an application for the issuance of, or the rating of, any
 1686  insurance policy, or a claim for payment or other benefit
 1687  pursuant to any insurance policy, which the person knows to
 1688  contain materially false information concerning any fact
 1689  material thereto or if the person conceals, for the purpose of
 1690  misleading another, information concerning any fact material
 1691  thereto.
 1692         2. Knowingly submits:
 1693         a. A false, misleading, or fraudulent application or other
 1694  document when applying for licensure as a health care clinic,
 1695  seeking an exemption from licensure as a health care clinic, or
 1696  demonstrating compliance with part X of chapter 400 with an
 1697  intent to use the license, exemption from licensure, or
 1698  demonstration of compliance to provide services or seek
 1699  reimbursement under a motor vehicle liability insurance policy’s
 1700  medical payments coverage the Florida Motor Vehicle No-Fault
 1701  Law.
 1702         b. A claim for payment or other benefit under medical
 1703  payments coverage pursuant to a personal injury protection
 1704  insurance policy under the Florida Motor Vehicle No-Fault Law if
 1705  the person knows that the payee knowingly submitted a false,
 1706  misleading, or fraudulent application or other document when
 1707  applying for licensure as a health care clinic, seeking an
 1708  exemption from licensure as a health care clinic, or
 1709  demonstrating compliance with part X of chapter 400.
 1710         Section 34. Subsection (1) of section 627.06501, Florida
 1711  Statutes, is amended to read:
 1712         627.06501 Insurance discounts for certain persons
 1713  completing driver improvement course.—
 1714         (1) Any rate, rating schedule, or rating manual for the
 1715  liability, medical payments personal injury protection, and
 1716  collision coverages of a motor vehicle insurance policy filed
 1717  with the office may provide for an appropriate reduction in
 1718  premium charges as to such coverages if when the principal
 1719  operator on the covered vehicle has successfully completed a
 1720  driver improvement course approved and certified by the
 1721  Department of Highway Safety and Motor Vehicles which is
 1722  effective in reducing crash or violation rates, or both, as
 1723  determined pursuant to s. 318.1451(5). Any discount, not to
 1724  exceed 10 percent, used by an insurer is presumed to be
 1725  appropriate unless credible data demonstrates otherwise.
 1726         Section 35. Subsection (1) of section 627.0652, Florida
 1727  Statutes, is amended to read:
 1728         627.0652 Insurance discounts for certain persons completing
 1729  safety course.—
 1730         (1) Any rates, rating schedules, or rating manuals for the
 1731  liability, medical payments personal injury protection, and
 1732  collision coverages of a motor vehicle insurance policy filed
 1733  with the office must shall provide for an appropriate reduction
 1734  in premium charges as to such coverages if when the principal
 1735  operator on the covered vehicle is an insured 55 years of age or
 1736  older who has successfully completed a motor vehicle accident
 1737  prevention course approved by the Department of Highway Safety
 1738  and Motor Vehicles. Any discount used by an insurer is presumed
 1739  to be appropriate unless credible data demonstrates otherwise.
 1740         Section 36. Subsections (1), (3), and (6) of section
 1741  627.0653, Florida Statutes, are amended to read:
 1742         627.0653 Insurance discounts for specified motor vehicle
 1743  equipment.—
 1744         (1) Any rates, rating schedules, or rating manuals for the
 1745  liability, medical payments personal injury protection, and
 1746  collision coverages of a motor vehicle insurance policy filed
 1747  with the office must shall provide a premium discount if the
 1748  insured vehicle is equipped with factory-installed, four-wheel
 1749  antilock brakes.
 1750         (3) Any rates, rating schedules, or rating manuals for
 1751  personal injury protection coverage and medical payments
 1752  coverage, if offered, of a motor vehicle insurance policy filed
 1753  with the office must shall provide a premium discount if the
 1754  insured vehicle is equipped with one or more air bags that which
 1755  are factory installed.
 1756         (6) The Office of Insurance Regulation may approve a
 1757  premium discount to any rates, rating schedules, or rating
 1758  manuals for the liability, medical payments personal injury
 1759  protection, and collision coverages of a motor vehicle insurance
 1760  policy filed with the office if the insured vehicle is equipped
 1761  with autonomous driving technology or electronic vehicle
 1762  collision avoidance technology that is factory installed or a
 1763  retrofitted system and that complies with National Highway
 1764  Traffic Safety Administration standards.
 1765         Section 37. Section 627.4132, Florida Statutes, is amended
 1766  to read:
 1767         627.4132 Stacking of coverages prohibited.—If an insured or
 1768  named insured is protected by any type of motor vehicle
 1769  insurance policy for bodily injury and property damage
 1770  liability, personal injury protection, or other coverage, the
 1771  policy must shall provide that the insured or named insured is
 1772  protected only to the extent of the coverage she or he has on
 1773  the vehicle involved in the accident. However, if none of the
 1774  insured’s or named insured’s vehicles are is involved in the
 1775  accident, coverage is available only to the extent of coverage
 1776  on any one of the vehicles with applicable coverage. Coverage on
 1777  any other vehicles may shall not be added to or stacked upon
 1778  that coverage. This section does not apply:
 1779         (1) To uninsured motorist coverage that which is separately
 1780  governed by s. 627.727.
 1781         (2) To reduce the coverage available by reason of insurance
 1782  policies insuring different named insureds.
 1783         Section 38. Section 627.7263, Florida Statutes, is amended
 1784  to read:
 1785         627.7263 Rental and leasing driver’s insurance to be
 1786  primary; exception.—
 1787         (1) The valid and collectible liability insurance and
 1788  medical payments coverage or personal injury protection
 1789  insurance providing coverage for the lessor of a motor vehicle
 1790  for rent or lease is primary unless otherwise stated in at least
 1791  10-point type on the face of the rental or lease agreement. Such
 1792  insurance is primary for the limits of liability and personal
 1793  injury protection coverage as required by s. 324.021(7) and
 1794  medical payments coverage as required under s. 627.7265 ss.
 1795  324.021(7) and 627.736.
 1796         (2) If the lessee’s coverage is to be primary, the rental
 1797  or lease agreement must contain the following language, in at
 1798  least 10-point type:
 1799  
 1800         “The valid and collectible liability insurance and
 1801         medical payments coverage personal injury protection
 1802         insurance of an any authorized rental or leasing
 1803         driver is primary for the limits of liability and
 1804         personal injury protection coverage and medical
 1805         payments coverage required under ss. 324.021(7) and
 1806         627.7265 by ss. 324.021(7) and 627.736, Florida
 1807         Statutes.”
 1808         Section 39. Section 627.7265, Florida Statutes, is created
 1809  to read:
 1810         627.7265 Motor vehicle insurance; medical payments
 1811  coverage.—
 1812         (1) MEDICAL PAYMENTS COVERAGE REQUIRED.—A motor vehicle
 1813  liability insurance policy that is furnished as proof of
 1814  financial responsibility pursuant to s. 324.031 must include
 1815  medical payments coverage as provided in this section. The
 1816  medical payments coverage must protect the named insured,
 1817  resident relatives, persons operating the insured motor vehicle,
 1818  passengers in the insured motor vehicle, and persons who are
 1819  struck by the insured motor vehicle and suffer bodily injury
 1820  while not an occupant of a self-propelled motor vehicle, to a
 1821  limit of at least $5,000 per person for medical expense incurred
 1822  due to bodily injury, sickness, or disease arising out of the
 1823  ownership, maintenance, or use of a motor vehicle. The medical
 1824  payments coverage must also provide each such person with a
 1825  death benefit of at least $5,000. This section may not be
 1826  construed to limit any other coverage made available by an
 1827  insurer. An insurer may not offer medical payments coverage with
 1828  a deductible to an applicant or policyholder.
 1829         (2)REQUIRED BENEFITS.—Medical payments coverage must
 1830  provide coverage for all of the following if medically necessary
 1831  and the individual initially receives such treatment within 14
 1832  days after the motor vehicle accident:
 1833         (a)Emergency transport and treatment by a provider
 1834  licensed under chapter 401.
 1835         (b)Emergency services and care provided by a hospital
 1836  licensed under chapter 395.
 1837         (c)Emergency services and care as defined in s. 395.002,
 1838  provided in a facility licensed under chapter 395 and rendered
 1839  by a physician or dentist, and related hospital inpatient
 1840  services rendered by a physician or dentist.
 1841         (d)Hospital inpatient services, other than emergency
 1842  services and care.
 1843         (e)Hospital outpatient services, other than emergency
 1844  services and care.
 1845         (f) Physician services and care provided by a physician
 1846  licensed under chapter 458 or chapter 459 or a chiropractic
 1847  physician licensed under chapter 460, or dental services and
 1848  care provided by a dentist licensed under chapter 466.
 1849         (3) AUTHORIZED EXCLUSIONS.—Notwithstanding any other
 1850  requirement in this section, an insurer may exclude medical
 1851  payment benefits:
 1852         (a) For injury sustained by the named insured or a resident
 1853  relative while occupying another motor vehicle owned by the
 1854  named insured and not insured under the policy, unless such
 1855  vehicle qualifies as a newly acquired vehicle or temporary
 1856  substitute vehicle.
 1857         (b) For injury sustained by any person operating the
 1858  insured motor vehicle without the express or implied consent of
 1859  the insured.
 1860         (c) For any person who intentionally causes injury to
 1861  himself or herself.
 1862         (d) For any person injured while committing a felony.
 1863         (4) PAYMENT OF BENEFITS.—
 1864         (a)Benefits due from an insurer under medical payments
 1865  coverage are primary to any health insurance benefit of a person
 1866  injured in a motor vehicle accident and apply to any coinsurance
 1867  or deductible amount required by the injured person’s health
 1868  insurance policy, except that:
 1869         1. Benefits received under any workers’ compensation law
 1870  must be credited against medical payments coverage benefits, and
 1871  are due and payable as losses accrue, upon reasonable proof of
 1872  such losses and the amount of expenses and losses incurred which
 1873  are covered by the policy issued under this section.
 1874         2. When the Agency for Health Care Administration provides,
 1875  pays for, or becomes liable for medical assistance under the
 1876  Medicaid program which is related to injury, sickness, disease,
 1877  or death arising out of the ownership, maintenance, or use of a
 1878  motor vehicle, medical payments benefits are subject to the
 1879  provisions of the Medicaid program, and, within 30 days after
 1880  receiving notice that the Medicaid program paid such benefits,
 1881  the insurer must repay the full amount of the benefits to the
 1882  Medicaid program.
 1883         (b)A medical payments insurance policy may include a
 1884  provision allowing subrogation for medical payments benefits
 1885  paid, if the expenses giving rise to the payments were caused by
 1886  wrongful act or omission of another.
 1887         (c)Upon receiving notice of an accident that is
 1888  potentially covered by medical payments coverage benefits, the
 1889  insurer must reserve $2,500 of medical payments coverage
 1890  benefits for payment to physicians licensed under chapter 458 or
 1891  chapter 459 or dentists licensed under chapter 466 who provide
 1892  emergency services and care, as defined in s. 395.002, or who
 1893  provide hospital inpatient care. The amount required to be held
 1894  in reserve may be used only to pay claims from such physicians
 1895  or dentists until 30 days after the date the insurer receives
 1896  notice of the accident. After the 30-day period, any amount of
 1897  the reserve for which the insurer has not received notice of
 1898  such claims may be used by the insurer to pay other claims. This
 1899  paragraph does not require an insurer to establish a claim
 1900  reserve for insurance accounting purposes.
 1901         (5) CHARGES FOR CARE OF INJURED PERSONS.—
 1902         (a) A physician, hospital, clinic, or other person or
 1903  institution lawfully providing medical care to an injured person
 1904  for a bodily injury covered by medical payments coverage may
 1905  charge the insurer and injured party only a reasonable amount
 1906  pursuant to this section. However, such charges may not exceed
 1907  the amount the person or institution customarily charges for
 1908  like medical care. In determining whether a charge for a
 1909  particular service, treatment, supply, or prescription is
 1910  reasonable, consideration may be given to evidence of usual and
 1911  customary charges and payments accepted by the provider involved
 1912  in the dispute; reimbursement levels in the community and
 1913  various federal and state medical fee schedules applicable to
 1914  motor vehicle and other insurance coverages; and other
 1915  information relevant to the reasonableness of the reimbursement
 1916  for the service, treatment, supply, or prescription.
 1917         1. The insurer may limit reimbursement to the following
 1918  schedule of maximum charges:
 1919         a. For emergency transport and treatment by providers
 1920  licensed under chapter 401, 200 percent of Medicare.
 1921         b. For emergency services and care provided by a hospital
 1922  licensed under chapter 395, 75 percent of the hospital’s usual
 1923  and customary charges.
 1924         c. For emergency services and care, as defined in s.
 1925  395.002, provided in a facility licensed under chapter 395 and
 1926  rendered by a physician or dentist, and related hospital
 1927  inpatient services rendered by a physician or dentist, the usual
 1928  and customary charges in the community.
 1929         d. For hospital inpatient services other than emergency
 1930  services and care, 200 percent of the Medicare Part A
 1931  prospective payment applicable to the specific hospital
 1932  providing the inpatient services.
 1933         e. For hospital outpatient services other than emergency
 1934  services and care, 200 percent of the Medicare Part A Ambulatory
 1935  Payment Classification for the specific hospital providing the
 1936  outpatient services.
 1937  
 1938  However, if such services, supplies, or care is not reimbursable
 1939  under Medicare Part B as provided in this sub-subparagraph, the
 1940  insurer may limit reimbursement to 80 percent of the maximum
 1941  reimbursable allowance under workers’ compensation. Services,
 1942  supplies, or care that is not reimbursable under Medicare or
 1943  workers’ compensation is not required to be reimbursed by the
 1944  insurer.
 1945         2. For purposes of subparagraph 1., the applicable fee
 1946  schedule or payment limitation under Medicare is the fee
 1947  schedule or payment limitation in effect on March 1 of the
 1948  service year in which the services, supplies, or care is
 1949  rendered and for the area in which the services, supplies, or
 1950  care is rendered. The applicable fee schedule or payment
 1951  limitation applies to services, supplies, or care rendered
 1952  during that service year notwithstanding any subsequent change
 1953  made to the fee schedule or payment limitation; however, it may
 1954  not be less than the allowable amount under the applicable
 1955  schedule of Medicare Part B for 2007 for medical services,
 1956  supplies, and care subject to Medicare Part B. For purposes of
 1957  this subparagraph, the term “service year” means the period from
 1958  March 1 through the end of February of the following year.
 1959         3. For purposes of subparagraph 1., the applicable fee
 1960  schedule or payment limitation under workers’ compensation is
 1961  determined under s. 440.13 and rules adopted thereunder which
 1962  are in effect at the time such services, supplies, or care is
 1963  provided.
 1964         4. Subparagraph 1. does not authorize the insurer to apply
 1965  any limitation on the number of treatments or other utilization
 1966  limits that apply under Medicare or workers’ compensation. An
 1967  insurer that applies the allowable payment limitations of
 1968  subparagraph 1. must reimburse a provider who lawfully provided
 1969  medical care under the scope of his or her license, regardless
 1970  of whether the provider is entitled to reimbursement under
 1971  Medicare or workers’ compensation due to restrictions or
 1972  limitations on the types or discipline of health care providers
 1973  who may be reimbursed for particular procedures or procedure
 1974  codes. However, subparagraph 1. does not prohibit an insurer
 1975  from using the Medicare coding policies and payment
 1976  methodologies of the federal Centers for Medicare and Medicaid
 1977  Services, including applicable modifiers, to determine the
 1978  appropriate amount of reimbursement for medical services,
 1979  supplies, or care, if the coding policy or payment methodology
 1980  does not constitute a utilization limit.
 1981         5. If an insurer limits payment as authorized by
 1982  subparagraph 1., the person providing such medical care may not
 1983  bill or attempt to collect from the insured any amount in excess
 1984  of such limits, except for amounts that are not covered by the
 1985  insured’s medical payments benefits due to the maximum policy
 1986  limits.
 1987         6. An insurer may limit payment as authorized by this
 1988  paragraph only if the insurance policy includes a notice at the
 1989  time of issuance or renewal that the insurer may limit payment
 1990  pursuant to the schedule of charges specified in this paragraph.
 1991  A policy form approved by the office satisfies this requirement.
 1992  If a provider submits a charge for an amount less than the
 1993  amount allowed under subparagraph 1., the insurer may pay the
 1994  amount of the charge submitted.
 1995         (b)1. An insurer or insured is not required to pay a claim
 1996  or charges:
 1997         a. For any service or treatment that was not lawful at the
 1998  time rendered;
 1999         b. To any person who knowingly submits a false or
 2000  misleading statement relating to the claim or charges; or
 2001         c. For any treatment or service that is upcoded or that is
 2002  unbundled when the treatment or services should be bundled. To
 2003  facilitate prompt payment of lawful services, an insurer may
 2004  change codes that it determines have been improperly or
 2005  incorrectly upcoded or unbundled and may make payment based on
 2006  the changed codes, without affecting the right of the provider
 2007  to dispute the change by the insurer, if, before doing so, the
 2008  insurer contacts the health care provider and discusses the
 2009  reasons for the insurer’s change and the health care provider’s
 2010  reason for the coding, or makes a reasonable good faith effort
 2011  to do so, as documented in the insurer’s file.
 2012         2. The Department of Health, in consultation with the
 2013  appropriate professional licensing boards, shall adopt by rule a
 2014  list of diagnostic tests deemed not to be medically necessary
 2015  for use in the treatment of persons sustaining bodily injury
 2016  covered by medical payments benefits under this section. The
 2017  list must be revised from time to time as determined by the
 2018  Department of Health in consultation with the respective
 2019  professional licensing boards. Inclusion of a test on the list
 2020  must be based on a lack of demonstrated medical value and a
 2021  level of general acceptance by the relevant provider community
 2022  and may not be dependent on results based entirely upon
 2023  subjective patient response. Notwithstanding its inclusion on a
 2024  fee schedule in this subsection, an insurer or insured is not
 2025  required to pay any charges or reimburse claims for an invalid
 2026  diagnostic test as determined by the Department of Health.
 2027         (c) With respect to any medical care other than medical
 2028  services billed by a hospital or other provider for emergency
 2029  services and care, as defined in s. 395.002, or inpatient
 2030  services rendered at a hospital-owned facility, the statement of
 2031  charges must be furnished to the insurer by the provider.
 2032         (d) All statements and bills for medical services rendered
 2033  by a physician, hospital, clinic, or other person or institution
 2034  must be submitted to the insurer on a properly completed Centers
 2035  for Medicare and Medicaid Services Form CMS-1500, a UB-92 form,
 2036  or any other standard form approved by the office and adopted by
 2037  the commission for purposes of this paragraph. All billings for
 2038  such services rendered by providers must, to the extent
 2039  applicable, comply with the Form CMS-1500 instructions, the
 2040  codes established by the American Medical Association’s Current
 2041  Procedural Terminology Editorial Panel, and the Healthcare
 2042  Common Procedure Coding System (HCPCS) and must follow the
 2043  Physicians’ Current Procedural Terminology (CPT), the HCPCS in
 2044  effect for the year in which services are rendered, and the
 2045  International Classification of Diseases adopted by the United
 2046  States Department of Health and Human Services in effect for the
 2047  year in which services are rendered. The guidance for
 2048  determining compliance with applicable CPT and HCPCS coding must
 2049  be provided by the CPT or the HCPCS in effect for the year in
 2050  which services were rendered, the Office of the Inspector
 2051  General, Physicians Compliance Guidelines, and other
 2052  authoritative treatises designated by rule by the Agency for
 2053  Health Care Administration. A statement of medical services may
 2054  not include charges for medical services of a person or entity
 2055  that performed such services without possessing the valid
 2056  licenses required to perform such services.
 2057         (6) CIVIL ACTION FOR INSURANCE FRAUD.—An insurer has a
 2058  cause of action against any person convicted of, or who,
 2059  regardless of adjudication of guilt, pleads guilty or nolo
 2060  contendere to, insurance fraud under s. 817.234, patient
 2061  brokering under s. 817.505, or kickbacks under s. 456.054,
 2062  associated with a claim for medical payments coverage benefits
 2063  in accordance with this section. An insurer prevailing in an
 2064  action brought under this subsection may recover compensatory,
 2065  consequential, and punitive damages subject to the requirements
 2066  and limitations of part II of chapter 768 and attorney fees and
 2067  costs incurred in litigating a cause of action against any
 2068  person convicted of, or who, regardless of adjudication of
 2069  guilt, pleads guilty or nolo contendere to, insurance fraud
 2070  under s. 817.234, patient brokering under s. 817.505, or
 2071  kickbacks under s. 456.054, associated with a claim for medical
 2072  payments coverage benefits in accordance with this section.
 2073         (7) FRAUD ADVISORY NOTICE.—Upon receiving notice of a claim
 2074  under this section, an insurer shall provide a notice to the
 2075  insured or to a person for whom a claim for reimbursement for
 2076  diagnosis or treatment of injuries has been filed, advising
 2077  that:
 2078         (a) Pursuant to s. 626.9892, the department may pay rewards
 2079  of up to $25,000 to persons who provide information leading to
 2080  the arrest and conviction of persons committing crimes
 2081  investigated by the Division of Investigative and Forensic
 2082  Services arising from violations of s. 440.105, s. 624.15, s.
 2083  626.9541, s. 626.989, or s. 817.234.
 2084         (b) Solicitation of a person injured in a motor vehicle
 2085  crash for purposes of filing medical payments coverage or tort
 2086  claims could be a violation of s. 817.234, s. 817.505, or the
 2087  rules regulating The Florida Bar and should be immediately
 2088  reported to the Division of Investigative and Forensic Services
 2089  if such conduct has taken place.
 2090         (8) NONREIMBURSABLE CLAIMS.—Claims generated as a result of
 2091  activities that are unlawful pursuant to s. 817.505 are not
 2092  reimbursable.
 2093         (9) SECURE ELECTRONIC DATA TRANSFER.—A notice,
 2094  documentation, transmission, or communication of any kind
 2095  required or authorized under this section may be transmitted
 2096  electronically if it is transmitted by secure electronic data
 2097  transfer that is consistent with state and federal privacy and
 2098  security laws.
 2099         Section 40. Subsections (1) and (7) of section 627.727,
 2100  Florida Statutes, are amended, and present subsections (8), (9),
 2101  and (10) of that section are redesignated as subsections (7),
 2102  (8), and (9), respectively, to read:
 2103         627.727 Motor vehicle insurance; uninsured and underinsured
 2104  vehicle coverage; insolvent insurer protection.—
 2105         (1) A No motor vehicle liability insurance policy that
 2106  which provides bodily injury liability coverage may not shall be
 2107  delivered or issued for delivery in this state with respect to
 2108  any specifically insured or identified motor vehicle registered
 2109  or principally garaged in this state, unless uninsured motor
 2110  vehicle coverage is provided therein or supplemental thereto for
 2111  the protection of persons insured thereunder who are legally
 2112  entitled to recover damages from owners or operators of
 2113  uninsured motor vehicles because of bodily injury, sickness, or
 2114  disease, including death, resulting therefrom. However, the
 2115  coverage required under this section is not applicable if when,
 2116  or to the extent that, an insured named in the policy makes a
 2117  written rejection of the coverage on behalf of all insureds
 2118  under the policy. If When a motor vehicle is leased for a period
 2119  of 1 year or longer and the lessor of such vehicle, by the terms
 2120  of the lease contract, provides liability coverage on the leased
 2121  vehicle, the lessee of such vehicle has shall have the sole
 2122  privilege to reject uninsured motorist coverage or to select
 2123  lower limits than the bodily injury liability limits, regardless
 2124  of whether the lessor is qualified as a self-insurer pursuant to
 2125  s. 324.171. Unless an insured, or lessee having the privilege of
 2126  rejecting uninsured motorist coverage, requests such coverage or
 2127  requests higher uninsured motorist limits in writing, the
 2128  coverage or such higher uninsured motorist limits need not be
 2129  provided in or supplemental to any other policy which renews,
 2130  extends, changes, supersedes, or replaces an existing policy
 2131  with the same bodily injury liability limits when an insured or
 2132  lessee had rejected the coverage. When an insured or lessee has
 2133  initially selected limits of uninsured motorist coverage lower
 2134  than her or his bodily injury liability limits, higher limits of
 2135  uninsured motorist coverage need not be provided in or
 2136  supplemental to any other policy that which renews, extends,
 2137  changes, supersedes, or replaces an existing policy with the
 2138  same bodily injury liability limits unless an insured requests
 2139  higher uninsured motorist coverage in writing. The rejection or
 2140  selection of lower limits must shall be made on a form approved
 2141  by the office. The form must shall fully advise the applicant of
 2142  the nature of the coverage and must shall state that the
 2143  coverage is equal to bodily injury liability limits unless lower
 2144  limits are requested or the coverage is rejected. The heading of
 2145  the form must shall be in 12-point bold type and must shall
 2146  state: “You are electing not to purchase certain valuable
 2147  coverage that which protects you and your family or you are
 2148  purchasing uninsured motorist limits less than your bodily
 2149  injury liability limits when you sign this form. Please read
 2150  carefully.” If this form is signed by a named insured, it will
 2151  be conclusively presumed that there was an informed, knowing
 2152  rejection of coverage or election of lower limits on behalf of
 2153  all insureds. The insurer shall notify the named insured at
 2154  least annually of her or his options as to the coverage required
 2155  by this section. Such notice must shall be part of, and attached
 2156  to, the notice of premium, must shall provide for a means to
 2157  allow the insured to request such coverage, and must shall be
 2158  given in a manner approved by the office. Receipt of this notice
 2159  does not constitute an affirmative waiver of the insured’s right
 2160  to uninsured motorist coverage if where the insured has not
 2161  signed a selection or rejection form. The coverage described
 2162  under this section must shall be over and above, but may shall
 2163  not duplicate, the benefits available to an insured under any
 2164  workers’ compensation law, personal injury protection benefits,
 2165  disability benefits law, or similar law; under any automobile
 2166  medical payments expense coverage; under any motor vehicle
 2167  liability insurance coverage; or from the owner or operator of
 2168  the uninsured motor vehicle or any other person or organization
 2169  jointly or severally liable together with such owner or operator
 2170  for the accident; and such coverage must shall cover the
 2171  difference, if any, between the sum of such benefits and the
 2172  damages sustained, up to the maximum amount of such coverage
 2173  provided under this section. The amount of coverage available
 2174  under this section may shall not be reduced by a setoff against
 2175  any coverage, including liability insurance. Such coverage does
 2176  shall not inure directly or indirectly to the benefit of any
 2177  workers’ compensation or disability benefits carrier or any
 2178  person or organization qualifying as a self-insurer under any
 2179  workers’ compensation or disability benefits law or similar law.
 2180         (7) The legal liability of an uninsured motorist coverage
 2181  insurer does not include damages in tort for pain, suffering,
 2182  mental anguish, and inconvenience unless the injury or disease
 2183  is described in one or more of paragraphs (a)-(d) of s.
 2184  627.737(2).
 2185         Section 41. Subsection (1) and paragraphs (a) and (b) of
 2186  subsection (2) of section 627.7275, Florida Statutes, are
 2187  amended to read:
 2188         627.7275 Motor vehicle liability.—
 2189         (1) A motor vehicle insurance policy providing personal
 2190  injury protection as set forth in s. 627.736 may not be
 2191  delivered or issued for delivery in this state for a with
 2192  respect to any specifically insured or identified motor vehicle
 2193  registered or principally garaged in this state must provide
 2194  bodily injury liability coverage and unless the policy also
 2195  provides coverage for property damage liability coverage as
 2196  required under by s. 324.022, and medical payments coverage as
 2197  required under s. 627.7265.
 2198         (2)(a) Insurers writing motor vehicle insurance in this
 2199  state shall make available, subject to the insurers’ usual
 2200  underwriting restrictions:
 2201         1. Coverage under policies as described in subsection (1)
 2202  to an applicant for private passenger motor vehicle insurance
 2203  coverage who is seeking the coverage in order to reinstate the
 2204  applicant’s driving privileges in this state if the driving
 2205  privileges were revoked or suspended pursuant to s. 316.646 or
 2206  s. 324.0221 due to the failure of the applicant to maintain
 2207  required security.
 2208         2. Coverage under policies as described in subsection (1),
 2209  which includes bodily injury also provides liability coverage
 2210  and property damage liability coverage for bodily injury, death,
 2211  and property damage arising out of the ownership, maintenance,
 2212  or use of the motor vehicle in an amount not less than the
 2213  minimum limits required under described in s. 324.021(7) or s.
 2214  324.023 and which conforms to the requirements of s. 324.151, to
 2215  an applicant for private passenger motor vehicle insurance
 2216  coverage who is seeking the coverage in order to reinstate the
 2217  applicant’s driving privileges in this state after such
 2218  privileges were revoked or suspended under s. 316.193 or s.
 2219  322.26(2) for driving under the influence.
 2220         (b) The policies described in paragraph (a) must shall be
 2221  issued for at least 6 months and, as to the minimum coverages
 2222  required under this section, may not be canceled by the insured
 2223  for any reason or by the insurer after 60 days, during which
 2224  period the insurer is completing the underwriting of the policy.
 2225  After the insurer has completed underwriting the policy, the
 2226  insurer shall notify the Department of Highway Safety and Motor
 2227  Vehicles that the policy is in full force and effect and is not
 2228  cancelable for the remainder of the policy period. A premium
 2229  must shall be collected and the coverage is in effect for the
 2230  60-day period during which the insurer is completing the
 2231  underwriting of the policy, whether or not the person’s driver
 2232  license, motor vehicle tag, and motor vehicle registration are
 2233  in effect. Once the noncancelable provisions of the policy
 2234  become effective, the bodily injury liability and property
 2235  damage liability coverages for bodily injury, property damage,
 2236  and personal injury protection may not be reduced below the
 2237  minimum limits required under s. 324.021 or s. 324.023 during
 2238  the policy period, and the medical payments coverage may not be
 2239  reduced below the minimum limit required under s. 627.7265.
 2240         Section 42. Paragraph (a) of subsection (1) of section
 2241  627.728, Florida Statutes, is amended to read:
 2242         627.728 Cancellations; nonrenewals.—
 2243         (1) As used in this section, the term:
 2244         (a) “Policy” means the bodily injury and property damage
 2245  liability, personal injury protection, medical payments,
 2246  comprehensive, collision, and uninsured motorist coverage
 2247  portions of a policy of motor vehicle insurance delivered or
 2248  issued for delivery in this state:
 2249         1. Insuring a natural person as named insured or one or
 2250  more related individuals who are residents resident of the same
 2251  household; and
 2252         2. Insuring only a motor vehicle of the private passenger
 2253  type or station wagon type which is not used as a public or
 2254  livery conveyance for passengers or rented to others; or
 2255  insuring any other four-wheel motor vehicle having a load
 2256  capacity of 1,500 pounds or less which is not used in the
 2257  occupation, profession, or business of the insured other than
 2258  farming; other than any policy issued under an automobile
 2259  insurance assigned risk plan or covering garage, automobile
 2260  sales agency, repair shop, service station, or public parking
 2261  place operation hazards.
 2262  
 2263  The term “policy” does not include a binder as defined in s.
 2264  627.420 unless the duration of the binder period exceeds 60
 2265  days.
 2266         Section 43. Subsection (1), paragraph (a) of subsection
 2267  (5), and subsections (6) and (7) of section 627.7295, Florida
 2268  Statutes, are amended to read:
 2269         627.7295 Motor vehicle insurance contracts.—
 2270         (1) As used in this section, the term:
 2271         (a) “Policy” means a motor vehicle insurance policy that
 2272  provides bodily injury liability personal injury protection
 2273  coverage, property damage liability coverage, and medical
 2274  payments coverage or both.
 2275         (b) “Binder” means a binder that provides motor vehicle
 2276  bodily injury liability coverage, personal injury protection and
 2277  property damage liability coverage, and medical payments
 2278  coverage.
 2279         (5)(a) A licensed general lines agent may charge a per
 2280  policy fee up to not to exceed $10 to cover the administrative
 2281  costs of the agent associated with selling the motor vehicle
 2282  insurance policy if the policy covers only bodily injury
 2283  liability coverage, personal injury protection coverage as
 2284  provided by s. 627.736 and property damage liability coverage,
 2285  and medical payments coverage as provided by s. 627.7275 and if
 2286  no other insurance is sold or issued in conjunction with or
 2287  collateral to the policy. The fee is not considered part of the
 2288  premium.
 2289         (6) If a motor vehicle owner’s driver license, license
 2290  plate, and registration have previously been suspended pursuant
 2291  to s. 316.646 or s. 627.733, an insurer may cancel a new policy
 2292  only as provided in s. 627.7275.
 2293         (7) A policy of private passenger motor vehicle insurance
 2294  or a binder for such a policy may be initially issued in this
 2295  state only if, before the effective date of such binder or
 2296  policy, the insurer or agent has collected from the insured an
 2297  amount equal to 2 months’ premium from the insured. An insurer,
 2298  agent, or premium finance company may not, directly or
 2299  indirectly, take any action that results resulting in the
 2300  insured paying having paid from the insured’s own funds an
 2301  amount less than the 2 months’ premium required by this
 2302  subsection. This subsection applies without regard to whether
 2303  the premium is financed by a premium finance company or is paid
 2304  pursuant to a periodic payment plan of an insurer or an
 2305  insurance agent.
 2306         (a) This subsection does not apply:
 2307         1. If an insured or member of the insured’s family is
 2308  renewing or replacing a policy or a binder for such policy
 2309  written by the same insurer or a member of the same insurer
 2310  group. This subsection does not apply
 2311         2. To an insurer that issues private passenger motor
 2312  vehicle coverage primarily to active duty or former military
 2313  personnel or their dependents. This subsection does not apply
 2314         3. If all policy payments are paid pursuant to a payroll
 2315  deduction plan, an automatic electronic funds transfer payment
 2316  plan from the policyholder, or a recurring credit card or debit
 2317  card agreement with the insurer.
 2318         (b) This subsection and subsection (4) do not apply if:
 2319         1. All policy payments to an insurer are paid pursuant to
 2320  an automatic electronic funds transfer payment plan from an
 2321  agent, a managing general agent, or a premium finance company
 2322  and if the policy includes, at a minimum, bodily injury
 2323  liability coverage, personal injury protection pursuant to ss.
 2324  627.730-627.7405; motor vehicle property damage liability
 2325  coverage, and medical payments coverage pursuant to s. 627.7275;
 2326  or and bodily injury liability in at least the amount of $10,000
 2327  because of bodily injury to, or death of, one person in any one
 2328  accident and in the amount of $20,000 because of bodily injury
 2329  to, or death of, two or more persons in any one accident. This
 2330  subsection and subsection (4) do not apply if
 2331         2. An insured has had a policy in effect for at least 6
 2332  months, the insured’s agent is terminated by the insurer that
 2333  issued the policy, and the insured obtains coverage on the
 2334  policy’s renewal date with a new company through the terminated
 2335  agent.
 2336         Section 44. Subsections (1) and (2) of section 627.7415,
 2337  Florida Statutes, are amended to read:
 2338         627.7415 Commercial motor vehicles; additional liability
 2339  insurance coverage.—Commercial motor vehicles, as defined in s.
 2340  207.002 or s. 320.01, operated upon the roads and highways of
 2341  this state shall be insured with the following minimum levels of
 2342  combined bodily liability insurance and property damage
 2343  liability insurance under subsections (1) and (2) in addition to
 2344  any other insurance requirements.:
 2345         (1) Fifty thousand dollars per occurrence For a commercial
 2346  motor vehicle with a gross vehicle weight of 26,000 pounds or
 2347  more, but less than 35,000 pounds:
 2348         (a) Beginning January 1, 2019, through December 31, 2020,
 2349  no less than $50,000 per occurrence.
 2350         (b) Beginning January 1, 2021, through December 31, 2022,
 2351  no less than $60,000 per occurrence.
 2352         (c) Beginning January 1, 2023, and thereafter, no less than
 2353  $70,000 per occurrence.
 2354         (2) One hundred thousand dollars per occurrence For a
 2355  commercial motor vehicle with a gross vehicle weight of 35,000
 2356  pounds or more, but less than 44,000 pounds:
 2357         (a) Beginning January 1, 2019, through December 31, 2020,
 2358  no less than $100,000 per occurrence.
 2359         (b) Beginning January 1, 2021, through December 31, 2022,
 2360  no less than $120,000 per occurrence.
 2361         (c) Beginning January 1, 2023, and thereafter, no less than
 2362  $140,000 per occurrence.
 2363  
 2364  A violation of this section is a noncriminal traffic infraction,
 2365  punishable as a nonmoving violation as provided in chapter 318.
 2366         Section 45. Section 627.8405, Florida Statutes, is amended
 2367  to read:
 2368         627.8405 Prohibited acts; financing companies.—A No premium
 2369  finance company shall, in a premium finance agreement or other
 2370  agreement, may not finance the cost of or otherwise provide for
 2371  the collection or remittance of dues, assessments, fees, or
 2372  other periodic payments of money for the cost of:
 2373         (1) A membership in an automobile club. The term
 2374  “automobile club” means a legal entity that which, in
 2375  consideration of dues, assessments, or periodic payments of
 2376  money, promises its members or subscribers to assist them in
 2377  matters relating to the ownership, operation, use, or
 2378  maintenance of a motor vehicle; however, the term this
 2379  definition of “automobile club” does not include persons,
 2380  associations, or corporations which are organized and operated
 2381  solely for the purpose of conducting, sponsoring, or sanctioning
 2382  motor vehicle races, exhibitions, or contests upon racetracks,
 2383  or upon racecourses established and marked as such for the
 2384  duration of such particular events. The term words “motor
 2385  vehicle” used herein has have the same meaning as defined in
 2386  chapter 320.
 2387         (2) An accidental death and dismemberment policy sold in
 2388  combination with a policy providing only medical payments
 2389  coverage, bodily injury liability coverage, personal injury
 2390  protection and property damage liability coverage only policy.
 2391         (3) Any product not regulated under the provisions of this
 2392  insurance code.
 2393  
 2394  This section also applies to premium financing by any insurance
 2395  agent or insurance company under part XVI. The commission shall
 2396  adopt rules to assure disclosure, at the time of sale, of
 2397  coverages financed with personal injury protection and shall
 2398  prescribe the form of such disclosure.
 2399         Section 46. Subsection (1) of section 627.915, Florida
 2400  Statutes, is amended to read:
 2401         627.915 Insurer experience reporting.—
 2402         (1) Each insurer transacting private passenger automobile
 2403  insurance in this state shall report certain information
 2404  annually to the office. The information will be due on or before
 2405  July 1 of each year. The information must shall be divided into
 2406  the following categories: bodily injury liability; property
 2407  damage liability; uninsured motorist; personal injury protection
 2408  benefits; medical payments; and comprehensive and collision. The
 2409  information given must shall be on direct insurance writings in
 2410  the state alone and shall represent total limits data. The
 2411  information set forth in paragraphs (a)-(f) is applicable to
 2412  voluntary private passenger and Joint Underwriting Association
 2413  private passenger writings and must shall be reported for each
 2414  of the latest 3 calendar-accident years, with an evaluation date
 2415  of March 31 of the current year. The information set forth in
 2416  paragraphs (g)-(j) is applicable to voluntary private passenger
 2417  writings and must shall be reported on a calendar-accident year
 2418  basis ultimately seven times at seven different stages of
 2419  development.
 2420         (a) Premiums earned for the latest 3 calendar-accident
 2421  years.
 2422         (b) Loss development factors and the historic development
 2423  of those factors.
 2424         (c) Policyholder dividends incurred.
 2425         (d) Expenses for other acquisition and general expense.
 2426         (e) Expenses for agents’ commissions and taxes, licenses,
 2427  and fees.
 2428         (f) Profit and contingency factors as utilized in the
 2429  insurer’s automobile rate filings for the applicable years.
 2430         (g) Losses paid.
 2431         (h) Losses unpaid.
 2432         (i) Loss adjustment expenses paid.
 2433         (j) Loss adjustment expenses unpaid.
 2434         Section 47. Subsections (2) and (3) of section 628.909,
 2435  Florida Statutes, are amended to read:
 2436         628.909 Applicability of other laws.—
 2437         (2) The following provisions of the Florida Insurance Code
 2438  apply to captive insurance companies who are not industrial
 2439  insured captive insurance companies to the extent that such
 2440  provisions are not inconsistent with this part:
 2441         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 2442  624.40851, 624.4095, 624.411, 624.425, and 624.426.
 2443         (b) Chapter 625, part II.
 2444         (c) Chapter 626, part IX.
 2445         (d) Sections 627.730-627.7405, when no-fault coverage is
 2446  provided.
 2447         (e) Chapter 628.
 2448         (3) The following provisions of the Florida Insurance Code
 2449  shall apply to industrial insured captive insurance companies to
 2450  the extent that such provisions are not inconsistent with this
 2451  part:
 2452         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 2453  624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1).
 2454         (b) Chapter 625, part II, if the industrial insured captive
 2455  insurance company is incorporated in this state.
 2456         (c) Chapter 626, part IX.
 2457         (d) Sections 627.730-627.7405 when no-fault coverage is
 2458  provided.
 2459         (e) Chapter 628, except for ss. 628.341, 628.351, and
 2460  628.6018.
 2461         Section 48. Subsections (2), (6), and (7) of section
 2462  705.184, Florida Statutes, are amended to read:
 2463         705.184 Derelict or abandoned motor vehicles on the
 2464  premises of public-use airports.—
 2465         (2) The airport director or the director’s designee shall
 2466  contact the Department of Highway Safety and Motor Vehicles to
 2467  notify that department that the airport has possession of the
 2468  abandoned or derelict motor vehicle and to determine the name
 2469  and address of the owner of the motor vehicle, the insurance
 2470  company insuring the motor vehicle, notwithstanding the
 2471  provisions of s. 627.736, and any person who has filed a lien on
 2472  the motor vehicle. Within 7 business days after receipt of the
 2473  information, the director or the director’s designee shall send
 2474  notice by certified mail, return receipt requested, to the owner
 2475  of the motor vehicle, the insurance company insuring the motor
 2476  vehicle, notwithstanding the provisions of s. 627.736, and all
 2477  persons of record claiming a lien against the motor vehicle. The
 2478  notice must shall state the fact of possession of the motor
 2479  vehicle, that charges for reasonable towing, storage, and
 2480  parking fees, if any, have accrued and the amount thereof, that
 2481  a lien as provided in subsection (6) will be claimed, that the
 2482  lien is subject to enforcement pursuant to law, that the owner
 2483  or lienholder, if any, has the right to a hearing as set forth
 2484  in subsection (4), and that any motor vehicle which, at the end
 2485  of 30 calendar days after receipt of the notice, has not been
 2486  removed from the airport upon payment in full of all accrued
 2487  charges for reasonable towing, storage, and parking fees, if
 2488  any, may be disposed of as provided in s. 705.182(2)(a), (b),
 2489  (d), or (e), including, but not limited to, the motor vehicle
 2490  being sold free of all prior liens after 35 calendar days after
 2491  the time the motor vehicle is stored if any prior liens on the
 2492  motor vehicle are more than 5 years of age or after 50 calendar
 2493  days after the time the motor vehicle is stored if any prior
 2494  liens on the motor vehicle are 5 years of age or less.
 2495         (6) The airport pursuant to this section or, if used, a
 2496  licensed independent wrecker company pursuant to s. 713.78 shall
 2497  have a lien on an abandoned or derelict motor vehicle for all
 2498  reasonable towing, storage, and accrued parking fees, if any,
 2499  except that no storage fee may shall be charged if the motor
 2500  vehicle is stored less than 6 hours. As a prerequisite to
 2501  perfecting a lien under this section, the airport director or
 2502  the director’s designee must serve a notice in accordance with
 2503  subsection (2) on the owner of the motor vehicle, the insurance
 2504  company insuring the motor vehicle, notwithstanding the
 2505  provisions of s. 627.736, and all persons of record claiming a
 2506  lien against the motor vehicle. If attempts to notify the owner,
 2507  the insurance company insuring the motor vehicle,
 2508  notwithstanding the provisions of s. 627.736, or lienholders are
 2509  not successful, the requirement of notice by mail shall be
 2510  considered met. Serving of the notice does not dispense with
 2511  recording the claim of lien.
 2512         (7)(a) For the purpose of perfecting its lien under this
 2513  section, the airport shall record a claim of lien which states
 2514  shall state:
 2515         1. The name and address of the airport.
 2516         2. The name of the owner of the motor vehicle, the
 2517  insurance company insuring the motor vehicle, notwithstanding
 2518  the provisions of s. 627.736, and all persons of record claiming
 2519  a lien against the motor vehicle.
 2520         3. The costs incurred from reasonable towing, storage, and
 2521  parking fees, if any.
 2522         4. A description of the motor vehicle sufficient for
 2523  identification.
 2524         (b) The claim of lien must shall be signed and sworn to or
 2525  affirmed by the airport director or the director’s designee.
 2526         (c) The claim of lien is shall be sufficient if it is in
 2527  substantially the following form:
 2528  
 2529                            CLAIM OF LIEN                          
 2530  State of ........
 2531  County of ........
 2532  Before me, the undersigned notary public, personally appeared
 2533  ........, who was duly sworn and says that he/she is the
 2534  ........ of ............, whose address is........; and that the
 2535  following described motor vehicle:
 2536  ...(Description of motor vehicle)...
 2537  owned by ........, whose address is ........, has accrued
 2538  $........ in fees for a reasonable tow, for storage, and for
 2539  parking, if applicable; that the lienor served its notice to the
 2540  owner, the insurance company insuring the motor vehicle
 2541  notwithstanding the provisions of s. 627.736, Florida Statutes,
 2542  and all persons of record claiming a lien against the motor
 2543  vehicle on ...., ...(year)..., by.........
 2544  ...(Signature)...
 2545  Sworn to (or affirmed) and subscribed before me this .... day of
 2546  ...., ...(year)..., by ...(name of person making statement)....
 2547  ...(Signature of Notary Public)......(Print, Type, or Stamp
 2548  Commissioned name of Notary Public)...
 2549  Personally Known....OR Produced....as identification.
 2550  
 2551  However, the negligent inclusion or omission of any information
 2552  in this claim of lien which does not prejudice the owner does
 2553  not constitute a default that operates to defeat an otherwise
 2554  valid lien.
 2555         (d) The claim of lien must shall be served on the owner of
 2556  the motor vehicle, the insurance company insuring the motor
 2557  vehicle, notwithstanding the provisions of s. 627.736, and all
 2558  persons of record claiming a lien against the motor vehicle. If
 2559  attempts to notify the owner, the insurance company insuring the
 2560  motor vehicle notwithstanding the provisions of s. 627.736, or
 2561  lienholders are not successful, the requirement of notice by
 2562  mail shall be considered met. The claim of lien must shall be so
 2563  served before recordation.
 2564         (e) The claim of lien must shall be recorded with the clerk
 2565  of court in the county where the airport is located. The
 2566  recording of the claim of lien shall be constructive notice to
 2567  all persons of the contents and effect of such claim. The lien
 2568  attaches shall attach at the time of recordation and takes shall
 2569  take priority as of that time.
 2570         Section 49. Subsection (4) of section 713.78, Florida
 2571  Statutes, is amended to read:
 2572         713.78 Liens for recovering, towing, or storing vehicles
 2573  and vessels.—
 2574         (4)(a) Any person regularly engaged in the business of
 2575  recovering, towing, or storing vehicles or vessels who comes
 2576  into possession of a vehicle or vessel pursuant to subsection
 2577  (2), and who claims a lien for recovery, towing, or storage
 2578  services, shall give notice to the registered owner, the
 2579  insurance company insuring the vehicle notwithstanding the
 2580  provisions of s. 627.736, and to all persons claiming a lien
 2581  thereon, as disclosed by the records in the Department of
 2582  Highway Safety and Motor Vehicles or as disclosed by the records
 2583  of any corresponding agency in any other state in which the
 2584  vehicle is identified through a records check of the National
 2585  Motor Vehicle Title Information System or an equivalent
 2586  commercially available system as being titled or registered.
 2587         (b) If a Whenever any law enforcement agency authorizes the
 2588  removal of a vehicle or vessel or if a whenever any towing
 2589  service, garage, repair shop, or automotive service, storage, or
 2590  parking place notifies the law enforcement agency of possession
 2591  of a vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
 2592  enforcement agency of the jurisdiction where the vehicle or
 2593  vessel is stored shall contact the Department of Highway Safety
 2594  and Motor Vehicles, or the appropriate agency of the state of
 2595  registration, if known, within 24 hours through the medium of
 2596  electronic communications, giving the full description of the
 2597  vehicle or vessel. Upon receipt of the full description of the
 2598  vehicle or vessel, the department shall search its files to
 2599  determine the owner’s name, the insurance company insuring the
 2600  vehicle or vessel, and whether any person has filed a lien upon
 2601  the vehicle or vessel as provided in s. 319.27(2) and (3) and
 2602  notify the applicable law enforcement agency within 72 hours.
 2603  The person in charge of the towing service, garage, repair shop,
 2604  or automotive service, storage, or parking place shall obtain
 2605  such information from the applicable law enforcement agency
 2606  within 5 days after the date of storage and shall give notice
 2607  pursuant to paragraph (a). The department may release the
 2608  insurance company information to the requestor notwithstanding
 2609  the provisions of s. 627.736.
 2610         (c) Notice by certified mail must shall be sent within 7
 2611  business days after the date of storage of the vehicle or vessel
 2612  to the registered owner, the insurance company insuring the
 2613  vehicle notwithstanding the provisions of s. 627.736, and all
 2614  persons of record claiming a lien against the vehicle or vessel.
 2615  The notice must It shall state the fact of possession of the
 2616  vehicle or vessel, that a lien as provided in subsection (2) is
 2617  claimed, that charges have accrued and the amount thereof, that
 2618  the lien is subject to enforcement pursuant to law, and that the
 2619  owner or lienholder, if any, has the right to a hearing as set
 2620  forth in subsection (5), and that any vehicle or vessel which
 2621  remains unclaimed, or for which the charges for recovery,
 2622  towing, or storage services remain unpaid, may be sold free of
 2623  all prior liens after 35 days if the vehicle or vessel is more
 2624  than 3 years of age or after 50 days if the vehicle or vessel is
 2625  3 years of age or less.
 2626         (d) If attempts to locate the name and address of the owner
 2627  or lienholder prove unsuccessful, the towing-storage operator
 2628  must shall, after 7 working days, excluding Saturday and Sunday,
 2629  of the initial tow or storage, notify the public agency of
 2630  jurisdiction where the vehicle or vessel is stored in writing by
 2631  certified mail or acknowledged hand delivery that the towing
 2632  storage company has been unable to locate the name and address
 2633  of the owner or lienholder and a physical search of the vehicle
 2634  or vessel has disclosed no ownership information and a good
 2635  faith effort has been made, including records checks of the
 2636  Department of Highway Safety and Motor Vehicles database and the
 2637  National Motor Vehicle Title Information System or an equivalent
 2638  commercially available system. As used in For purposes of this
 2639  paragraph and subsection (9), the term “good faith effort” means
 2640  that the following checks have been performed by the company to
 2641  establish prior state of registration and for title:
 2642         1. Check of the Department of Highway Safety and Motor
 2643  Vehicles database for the owner and any lienholder.
 2644         2. Check of the electronic National Motor Vehicle Title
 2645  Information System or an equivalent commercially available
 2646  system to determine the state of registration when there is not
 2647  a current registration record for the vehicle on file with the
 2648  Department of Highway Safety and Motor Vehicles.
 2649         3. Check of vehicle or vessel for any type of tag, tag
 2650  record, temporary tag, or regular tag.
 2651         4. Check of law enforcement report for tag number or other
 2652  information identifying the vehicle or vessel, if the vehicle or
 2653  vessel was towed at the request of a law enforcement officer.
 2654         5. Check of trip sheet or tow ticket of tow truck operator
 2655  to see if a tag was on vehicle or vessel at beginning of tow, if
 2656  private tow.
 2657         6. If there is no address of the owner on the impound
 2658  report, check of law enforcement report to see if an out-of
 2659  state address is indicated from driver license information.
 2660         7. Check of vehicle or vessel for inspection sticker or
 2661  other stickers and decals that may indicate a state of possible
 2662  registration.
 2663         8. Check of the interior of the vehicle or vessel for any
 2664  papers that may be in the glove box, trunk, or other areas for a
 2665  state of registration.
 2666         9. Check of vehicle for vehicle identification number.
 2667         10. Check of vessel for vessel registration number.
 2668         11. Check of vessel hull for a hull identification number
 2669  which should be carved, burned, stamped, embossed, or otherwise
 2670  permanently affixed to the outboard side of the transom or, if
 2671  there is no transom, to the outmost seaboard side at the end of
 2672  the hull that bears the rudder or other steering mechanism.
 2673         Section 50. Paragraph (a) of subsection (1), paragraph (c)
 2674  of subsection (7), paragraphs (a), (b), and (c) of subsection
 2675  (8), and subsections (9) and (10) of section 817.234, Florida
 2676  Statutes, are amended to read:
 2677         817.234 False and fraudulent insurance claims.—
 2678         (1)(a) A person commits insurance fraud punishable as
 2679  provided in subsection (11) if that person, with the intent to
 2680  injure, defraud, or deceive any insurer:
 2681         1. Presents or causes to be presented any written or oral
 2682  statement as part of, or in support of, a claim for payment or
 2683  other benefit pursuant to an insurance policy or a health
 2684  maintenance organization subscriber or provider contract,
 2685  knowing that such statement contains any false, incomplete, or
 2686  misleading information concerning any fact or thing material to
 2687  such claim;
 2688         2. Prepares or makes any written or oral statement that is
 2689  intended to be presented to an any insurer in connection with,
 2690  or in support of, any claim for payment or other benefit
 2691  pursuant to an insurance policy or a health maintenance
 2692  organization subscriber or provider contract, knowing that such
 2693  statement contains any false, incomplete, or misleading
 2694  information concerning any fact or thing material to such claim;
 2695         3.a. Knowingly presents, causes to be presented, or
 2696  prepares or makes with knowledge or belief that it will be
 2697  presented to an any insurer, purported insurer, servicing
 2698  corporation, insurance broker, or insurance agent, or any
 2699  employee or agent thereof, any false, incomplete, or misleading
 2700  information or a written or oral statement as part of, or in
 2701  support of, an application for the issuance of, or the rating
 2702  of, any insurance policy, or a health maintenance organization
 2703  subscriber or provider contract; or
 2704         b. Knowingly conceals information concerning any fact
 2705  material to such application; or
 2706         4. Knowingly presents, causes to be presented, or prepares
 2707  or makes with knowledge or belief that it will be presented to
 2708  any insurer a claim for payment or other benefit under medical
 2709  payments coverage in a motor vehicle a personal injury
 2710  protection insurance policy if the person knows that the payee
 2711  knowingly submitted a false, misleading, or fraudulent
 2712  application or other document when applying for licensure as a
 2713  health care clinic, seeking an exemption from licensure as a
 2714  health care clinic, or demonstrating compliance with part X of
 2715  chapter 400.
 2716         (7)
 2717         (c) An insurer, or any person acting at the direction of or
 2718  on behalf of an insurer, may not change an opinion in a mental
 2719  or physical report prepared under s. 627.736(7) or direct the
 2720  physician preparing the report to change such opinion; however,
 2721  this provision does not preclude the insurer from calling to the
 2722  attention of the physician errors of fact in the report based
 2723  upon information in the claim file. Any person who violates this
 2724  paragraph commits a felony of the third degree, punishable as
 2725  provided in s. 775.082, s. 775.083, or s. 775.084.
 2726         (8)(a) It is unlawful for any person intending to defraud
 2727  any other person to solicit or cause to be solicited any
 2728  business from a person involved in a motor vehicle accident for
 2729  the purpose of making, adjusting, or settling motor vehicle tort
 2730  claims or claims for benefits under medical payments coverage in
 2731  a motor vehicle insurance policy personal injury protection
 2732  benefits required by s. 627.736. Any person who violates the
 2733  provisions of this paragraph commits a felony of the second
 2734  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2735  775.084. A person who is convicted of a violation of this
 2736  subsection shall be sentenced to a minimum term of imprisonment
 2737  of 2 years.
 2738         (b) A person may not solicit or cause to be solicited any
 2739  business from a person involved in a motor vehicle accident by
 2740  any means of communication other than advertising directed to
 2741  the public for the purpose of making motor vehicle tort claims
 2742  or claims for benefits under medical payments coverage in a
 2743  motor vehicle insurance policy personal injury protection
 2744  benefits required by s. 627.736, within 60 days after the
 2745  occurrence of the motor vehicle accident. Any person who
 2746  violates this paragraph commits a felony of the third degree,
 2747  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2748         (c) A lawyer, health care practitioner as defined in s.
 2749  456.001, or owner or medical director of a clinic required to be
 2750  licensed pursuant to s. 400.9905 may not, at any time after 60
 2751  days have elapsed from the occurrence of a motor vehicle
 2752  accident, solicit or cause to be solicited any business from a
 2753  person involved in a motor vehicle accident by means of in
 2754  person or telephone contact at the person’s residence, for the
 2755  purpose of making motor vehicle tort claims or claims for
 2756  benefits under medical payments coverage in a motor vehicle
 2757  insurance policy personal injury protection benefits required by
 2758  s. 627.736. Any person who violates this paragraph commits a
 2759  felony of the third degree, punishable as provided in s.
 2760  775.082, s. 775.083, or s. 775.084.
 2761         (9) A person may not organize, plan, or knowingly
 2762  participate in an intentional motor vehicle crash or a scheme to
 2763  create documentation of a motor vehicle crash that did not occur
 2764  for the purpose of making motor vehicle tort claims or claims
 2765  for benefits under medical payments coverage in a motor vehicle
 2766  insurance policy personal injury protection benefits as required
 2767  by s. 627.736. Any person who violates this subsection commits a
 2768  felony of the second degree, punishable as provided in s.
 2769  775.082, s. 775.083, or s. 775.084. A person who is convicted of
 2770  a violation of this subsection shall be sentenced to a minimum
 2771  term of imprisonment of 2 years.
 2772         (10) A licensed health care practitioner who is found
 2773  guilty of insurance fraud under this section for an act relating
 2774  to a motor vehicle personal injury protection insurance policy
 2775  loses his or her license to practice for 5 years and may not
 2776  receive reimbursement under medical payments coverage in a motor
 2777  vehicle insurance policy for personal injury protection benefits
 2778  for 10 years.
 2779         Section 51. Applicability and construction; notice to
 2780  policyholders.—
 2781         (1) As used in this section, the term “minimum security
 2782  requirements” means security that enables a person to respond in
 2783  damages for liability on account of crashes arising out of the
 2784  ownership, maintenance, or use of a motor vehicle in the amounts
 2785  required by s. 324.021(7), Florida Statutes.
 2786         (2) Effective January 1, 2019:
 2787         (a) Motor vehicle insurance policies issued or renewed on
 2788  or after that date may not include personal injury protection.
 2789         (b) All persons subject to s. 324.022, s. 324.032, s.
 2790  627.7415, or s. 627.742, Florida Statutes, must maintain at
 2791  least minimum security requirements.
 2792         (c) Any new or renewal motor vehicle insurance policy
 2793  delivered or issued for delivery in this state must provide
 2794  coverage that complies with minimum security requirements.
 2795         (d) Any new or renewal motor vehicle insurance policy
 2796  furnished to an owner or operator of a motor vehicle as proof of
 2797  financial responsibility pursuant to s. 324.022 or s. 324.031,
 2798  Florida Statutes, must provide medical payments coverage that
 2799  complies with s. 627.7265, Florida Statutes.
 2800         (e) An existing motor vehicle insurance policy issued
 2801  before that date which provides personal injury protection and
 2802  property damage liability coverage that meets the requirements
 2803  of s. 324.022, Florida Statutes, on December 31, 2018, but which
 2804  does not meet minimum security requirements on or after January
 2805  1, 2019, is deemed to meet the security requirements of s.
 2806  324.022, Florida Statutes, and the medical payments coverage
 2807  requirements of s. 627.7265, Florida Statutes, until such policy
 2808  is renewed, nonrenewed, or canceled on or after January 1, 2019.
 2809         (3) Each insurer shall allow each insured who has a new or
 2810  renewal policy providing personal injury protection, which
 2811  becomes effective before January 1, 2019, and whose policy does
 2812  not meet minimum security requirements on or after January 1,
 2813  2019, to change coverages so as to eliminate personal injury
 2814  protection and obtain coverage providing minimum security
 2815  requirements, which shall be effective on or after January 1,
 2816  2019. The insurer is not required to provide coverage complying
 2817  with minimum security requirements in such policies if the
 2818  insured does not pay the required premium, if any, by January 1,
 2819  2019, or such later date as the insurer may allow. Any reduction
 2820  in the premium must be refunded by the insurer. The insurer may
 2821  not impose on the insured an additional fee or charge that
 2822  applies solely to a change in coverage; however, the insurer may
 2823  charge an additional required premium that is actuarially
 2824  indicated.
 2825         (4) By September 1, 2018, each motor vehicle insurer shall
 2826  provide notice of this section to each motor vehicle
 2827  policyholder who is subject to this section. The notice is
 2828  subject to approval by the Office of Insurance Regulation and
 2829  must clearly inform the policyholder that:
 2830         (a) The Florida Motor Vehicle No-Fault Law is repealed,
 2831  effective January 1, 2019, and that on or after that date, the
 2832  insured is no longer required to maintain personal injury
 2833  protection insurance coverage, that personal injury protection
 2834  coverage is no longer available for purchase in this state, and
 2835  that all new or renewal policies issued on or after that date do
 2836  not contain such coverage.
 2837         (b) Effective January 1, 2019, a person subject to the
 2838  financial responsibility requirements of s. 324.022, Florida
 2839  Statutes, must maintain minimum security requirements that
 2840  enable the person to respond in damages for liability on account
 2841  of accidents arising out of the use of a motor vehicle in the
 2842  following amounts:
 2843         1.Beginning January 1, 2019, and continuing through
 2844  December 31, 2020:
 2845         a. Twenty thousand dollars for bodily injury to, or the
 2846  death of, one person in any one crash and, subject to such
 2847  limits for one person, in the amount of $40,000 for bodily
 2848  injury to, or the death of, two or more persons in any one
 2849  crash; and
 2850         b.Ten thousand dollars for damage to, or destruction of,
 2851  the property of others in any one crash.
 2852         2. Beginning January 1, 2021, and continuing through
 2853  December 31, 2022:
 2854         a. Twenty-five thousand dollars for bodily injury to, or
 2855  the death of, one person in any one crash and, subject to such
 2856  limits for one person, in the amount of $50,000 for bodily
 2857  injury to, or the death of, two or more persons in any one
 2858  crash; and
 2859         b.Ten thousand dollars for damage to, or destruction of,
 2860  the property of others in any one crash.
 2861         3. Beginning January 1, 2023, and continuing thereafter:
 2862         a.Thirty thousand dollars for bodily injury to, or the
 2863  death of, one person in any one crash and, subject to such
 2864  limits for one person, in the amount of $60,000 for bodily
 2865  injury to, or the death of, two or more persons in any one
 2866  crash; and
 2867         b.Ten thousand dollars for damage to, or destruction of,
 2868  the property of others in any one crash.
 2869         (c) Personal injury protection insurance paid covered
 2870  medical expenses for injuries sustained in a motor vehicle crash
 2871  by the policyholder, passengers, and relatives residing in the
 2872  policyholder’s household.
 2873         (d) Bodily injury liability coverage protects the insured,
 2874  up to the coverage limits, against loss if the insured is
 2875  legally responsible for the death of or bodily injury to others
 2876  in a motor vehicle accident.
 2877         (e) Effective January 1, 2019, a person who purchases a
 2878  motor vehicle liability insurance policy as proof of financial
 2879  responsibility must maintain medical payments coverage that
 2880  complies with s. 627.7265, Florida Statutes. Medical payments
 2881  coverage pays covered medical expenses, up to the limits of such
 2882  coverage, for injuries sustained in a motor vehicle crash by the
 2883  policyholder, passengers, and relatives residing in the
 2884  policyholder’s household, as provided in s. 627.7265, Florida
 2885  Statutes. Medical payments coverage also provides a death
 2886  benefit of at least $5,000. Medical payments coverage reimburses
 2887  fewer medical services and care than were reimbursable under
 2888  personal injury protection. Medical payments coverage provides
 2889  reimbursement for the following if medically necessary and if an
 2890  individual initially receives such treatment within 14 days
 2891  after the motor vehicle accident:
 2892         1.Emergency transportation and treatment.
 2893         2.Emergency services and care provided by a hospital.
 2894         3.Emergency services and care provided by a licensed
 2895  physician or licensed dentist in a hospital, ambulatory surgical
 2896  center, or mobile surgical facility licensed under chapter 395,
 2897  Florida Statutes, and related hospital inpatient care.
 2898         4. Hospital inpatient services, other than emergency
 2899  services and care.
 2900         5.Hospital outpatient services, other than emergency
 2901  services and care.
 2902         (f) The policyholder may obtain underinsured motorist
 2903  coverage, which provides benefits, up to the limits of such
 2904  coverage, to a policyholder or other insured entitled to recover
 2905  damages for bodily injury, sickness, disease, or death resulting
 2906  from a motor vehicle accident with an uninsured or underinsured
 2907  owner or operator of a motor vehicle.
 2908         (g) If the policyholder’s new or renewal motor vehicle
 2909  insurance policy is effective before January 1, 2019, and
 2910  contains personal injury protection and property damage
 2911  liability coverage as required by state law before January 1,
 2912  2019, but does not meet minimum security requirements on or
 2913  after January 1, 2019, the policy is deemed to meet minimum
 2914  security requirements until it is renewed, nonrenewed, or
 2915  canceled on or after January 1, 2019.
 2916         (h) A policyholder whose new or renewal policy becomes
 2917  effective before January 1, 2019, but does not meet minimum
 2918  security requirements on or after January 1, 2019, may change
 2919  coverages under the policy so as to eliminate personal injury
 2920  protection and to obtain coverage providing minimum security
 2921  requirements, including bodily injury liability coverage, which
 2922  are effective on or after January 1, 2019.
 2923         (i) If the policyholder has any questions, he or she should
 2924  contact the person named at the telephone number provided in the
 2925  notice.
 2926         (5) This section takes effect upon this act becoming a law.
 2927         Section 52. Application of suspensions for failure to
 2928  maintain security; reinstatement.—All suspensions for failure to
 2929  maintain required security as required by law in effect before
 2930  January 1, 2019, remain in full force and effect after January
 2931  1, 2019. A driver may reinstate a suspended driver license or
 2932  registration as provided under s. 324.0221, Florida Statutes.
 2933         Section 53. Except as otherwise expressly provided in this
 2934  act and except for this section, which shall take effect upon
 2935  this act becoming a law, this act shall take effect January 1,
 2936  2019.