Senate Bill 1628

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    Florida Senate - 1998                                  SB 1628

    By Senator Campbell





    33-602A-98

  1                      A bill to be entitled

  2         An act relating to motor vehicle financial

  3         responsibility; amending s. 316.646, F.S.;

  4         conforming provisions; amending s. 324.021,

  5         F.S.; redefining the term "motor vehicle";

  6         increasing financial responsibility

  7         requirements; creating s. 324.023, F.S.;

  8         establishing mandatory financial responsibility

  9         requirements; amending s. 324.031, F.S.;

10         increasing financial responsibility

11         requirements for certain commercial vehicles

12         for hire; amending s. 324.161, F.S.; increasing

13         surety bond or deposit requirements; amending

14         s. 324.171, F.S.; increasing limits for

15         self-insurers; amending s. 627.733, F.S.;

16         conforming provisions; amending s. 627.736,

17         F.S.; specifying the percentage of medical

18         benefits payable; deleting an insured's right

19         to recovery of special damages; repealing s.

20         627.737, F.S., relating to tort exemption for

21         damages due to bodily injury; providing an

22         effective date.

23

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

25

26         Section 1.  Subsections (1) and (3) of section 316.646,

27  Florida Statutes, are amended to read:

28         316.646  Security required; proof of security and

29  display thereof; dismissal of cases.--

30         (1)  Any person required by s. 627.733 to maintain

31  personal injury protection security on a motor vehicle or

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  1  required by s. 324.023 to maintain liability coverage for

  2  bodily injury or death shall have in his or her immediate

  3  possession at all times while operating such motor vehicle

  4  proper proof of maintenance of the security required by s.

  5  627.733 or s. 324.023.  Such proof shall be either a uniform

  6  proof-of-insurance card in a form prescribed by the

  7  department, a valid insurance policy, an insurance policy

  8  binder, a certificate of insurance, or such other proof as may

  9  be prescribed by the department.

10         (3)  Any person who violates this section is guilty of

11  a nonmoving traffic infraction subject to the penalty provided

12  in chapter 318 and shall be required to furnish proof of

13  security as provided in this section. If any person charged

14  with a violation of this section fails to furnish proof, at or

15  before the scheduled court appearance date, that security was

16  in effect at the time of the violation, the court may

17  immediately suspend the registration and driver's license of

18  such person.  Such license and registration may only be

19  reinstated as provided in s. 627.733 or s. 324.023.

20         Section 2.  Subsections (1) and (7) of section 324.021,

21  Florida Statutes, are amended to read:

22         324.021  Definitions; minimum insurance required.--The

23  following words and phrases when used in this chapter shall,

24  for the purpose of this chapter, have the meanings

25  respectively ascribed to them in this section, except in those

26  instances where the context clearly indicates a different

27  meaning:

28         (1)  MOTOR VEHICLE.--Every self-propelled vehicle which

29  is designed and required to be licensed for use upon a

30  highway, including trailers and semitrailers designed for use

31  with such vehicles, except traction engines, road rollers,

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  1  farm tractors, power shovels, and well drillers, and every

  2  vehicle which is propelled by electric power obtained from

  3  overhead wires but not operated upon rails, but not including

  4  any bicycle or moped. However, the term "motor vehicle" shall

  5  not include any motor vehicle as defined in s. 627.732(1) when

  6  the owner of such vehicle has complied with the requirements

  7  of ss. 627.730-627.7405, inclusive, unless the provisions of

  8  s. 324.051 apply; and, in such case, the applicable proof of

  9  insurance provisions of s. 320.02 apply.

10         (7)  PROOF OF FINANCIAL RESPONSIBILITY.--That proof of

11  ability to respond in damages for liability on account of

12  accidents arising out of the use of a motor vehicle:

13         (a)  In the amount of $25,000 $10,000 because of bodily

14  injury to, or death of, one person in any one accident;

15         (b)  Subject to such limits for one person, in the

16  amount of $50,000 $20,000 because of bodily injury to, or

17  death of, two or more persons in any one accident;

18         (c)  In the amount of $10,000 because of injury to, or

19  destruction of, property of others in any one accident; and

20         (d)  With respect to commercial motor vehicles and

21  nonpublic sector buses, in the amounts specified in ss.

22  627.7415 and 627.742, respectively.

23         Section 3.  Section 324.023, Florida Statutes, is

24  created to read:

25         324.023  Financial responsibility for bodily injury or

26  death.--The owner of a motor vehicle that is required to be

27  registered in this state or located within this state shall,

28  by one of the methods in s. 324.031, establish and maintain

29  the ability to respond in damages for liability resulting from

30  accidents arising out of the use of the motor vehicle in the

31  amounts prescribed in s. 324.021(7)(a) and (b).

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  1         Section 4.  Section 324.031, Florida Statutes, is

  2  amended to read:

  3         324.031  Manner of proving financial

  4  responsibility.--The owner or operator of a taxicab,

  5  limousine, jitney, or any other for-hire passenger

  6  transportation vehicle may prove financial responsibility by

  7  providing satisfactory evidence of holding a motor vehicle

  8  liability policy as defined in s. 324.021(8) or s. 324.151,

  9  which policy is issued by an insurance carrier which is a

10  member of the Florida Insurance Guaranty Association. The

11  operator or owner of any other vehicle may prove his or her

12  financial responsibility by:

13         (1)  Furnishing satisfactory evidence of holding a

14  motor vehicle liability policy as defined in ss. 324.021(8)

15  and 324.151;

16         (2)  Posting with the department a satisfactory bond of

17  a surety company authorized to do business in this state,

18  conditioned for payment of the amount specified in s.

19  324.021(7);

20         (3)  Furnishing a certificate of the department showing

21  a deposit of cash or securities in accordance with s. 324.161;

22  or

23         (4)  Furnishing a certificate of self-insurance issued

24  by the department in accordance with s. 324.171.

25

26  Any person, including any firm, partnership, association,

27  corporation, or other person, other than a natural person,

28  electing to use the method of proof specified in subsection

29  (2) or subsection (3) shall post a bond or deposit equal to

30  the number of vehicles owned times $60,000 $30,000, to a

31  maximum of $240,000 $120,000; in addition, any such person,

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  1  other than a natural person, shall maintain insurance

  2  providing coverage in excess of limits of

  3  $25,000/50,000/10,000 $10,000/20,000/10,000 or $60,000 $30,000

  4  combined single limits, and such excess insurance shall

  5  provide minimum limits of $100,000/300,000/50,000

  6  $50,000/100,000/50,000 or $350,000 $150,000 combined single

  7  limits.

  8         Section 5.  Section 324.161, Florida Statutes, is

  9  amended to read:

10         324.161  Proof of financial responsibility; surety bond

11  or deposit.--The certificate of the department of a deposit

12  may be obtained by depositing with it $60,000 $30,000 cash or

13  securities such as may be legally purchased by savings banks

14  or for trust funds, of a market value of $60,000 $30,000 and

15  which deposit shall be held by the department to satisfy, in

16  accordance with the provisions of this chapter, any execution

17  on a judgment issued against such person making the deposit,

18  for damages because of bodily injury to or death of any person

19  or for damages because of injury to or destruction of property

20  resulting from the use or operation of any motor vehicle

21  occurring after such deposit was made. Money or securities so

22  deposited shall not be subject to attachment or execution

23  unless such attachment or execution shall arise out of a suit

24  for damages as aforesaid.

25         Section 6.  Subsection (1) of section 324.171, Florida

26  Statutes, is amended to read:

27         324.171  Self-insurer.--

28         (1)  Any person may qualify as a self-insurer by

29  obtaining a certificate of self-insurance from the department

30  which may, in its discretion and upon application of such a

31  person, issue said certificate of self-insurance when such

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  1  person has satisfied the requirements of this section to

  2  qualify as a self-insurer under this section:

  3         (a)  A private individual with private passenger

  4  vehicles shall possess a net unencumbered worth of at least

  5  $60,000 $40,000.

  6         (b)  A person, including any firm, partnership,

  7  association, corporation, or other person, other than a

  8  natural person, shall:

  9         1.  Possess a net unencumbered worth of at least

10  $60,000 $40,000 for the first motor vehicle and $60,000

11  $20,000 for each additional motor vehicle; or

12         2.  Maintain sufficient net worth, as determined

13  annually by the department, pursuant to rules promulgated by

14  the department, with the assistance of the Department of

15  Insurance, to be financially responsible for potential losses.

16  The rules shall take into consideration excess insurance

17  carried by the applicant.  The department's determination

18  shall be based upon reasonable actuarial principles

19  considering the frequency, severity, and loss development of

20  claims incurred by casualty insurers writing coverage on the

21  type of motor vehicles for which a certificate of

22  self-insurance is desired.

23         (c)  The owner of a commercial motor vehicle, as

24  defined in s. 207.002(2) or s. 320.01, may qualify as a

25  self-insurer subject to the standards provided for in

26  subparagraph (b)2.

27         Section 7.  Paragraph (a) of subsection (7) of section

28  627.733, Florida Statutes, is amended to read:

29         627.733  Required security.--

30         (7)(a)  Any operator or owner whose driver's license or

31  registration has been suspended pursuant to this section or s.

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  1  316.646 may effect its reinstatement upon compliance with the

  2  requirements of this section and upon payment to the

  3  Department of Highway Safety and Motor Vehicles of a

  4  nonrefundable reinstatement fee of $150 for the first

  5  reinstatement.  Such reinstatement fee shall be $250 for the

  6  second reinstatement and $500 for each subsequent

  7  reinstatement during the 3 years following the first

  8  reinstatement. Any person reinstating her or his insurance

  9  under this subsection must also secure noncancelable coverage

10  as described in s. 627.7275(2) or s. 324.021(8) and present to

11  the appropriate person proof that the coverage is in force on

12  a form promulgated by the Department of Highway Safety and

13  Motor Vehicles, such proof to be maintained for 2 years.  If

14  the person does not have a second reinstatement within 3 years

15  after her or his initial reinstatement, the reinstatement fee

16  shall be $150 for the first reinstatement after that 3-year

17  period.  In the event that a person's license and registration

18  are suspended pursuant to this section or s. 316.646, only one

19  reinstatement fee shall be paid to reinstate the license and

20  the registration.  All fees shall be collected by the

21  Department of Highway Safety and Motor Vehicles at the time of

22  reinstatement.  The Department of Highway Safety and Motor

23  Vehicles shall issue proper receipts for such fees and shall

24  promptly deposit those fees in the Highway Safety Operating

25  Trust Fund. One-third of the fee collected under this

26  subsection shall be distributed from the Highway Safety

27  Operating Trust Fund to the local government entity or state

28  agency which employed the law enforcement officer or the

29  recovery agent who seizes a license plate pursuant to s.

30  324.201 or to s. 324.202.  Such funds may be used by the local

31  government entity or state agency for any authorized purpose.

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  1         Section 8.  Section 627.736, Florida Statutes, is

  2  amended to read:

  3         627.736  Required personal injury protection benefits;

  4  exclusions; priority.--

  5         (1)  REQUIRED BENEFITS.--Every insurance policy

  6  complying with the security requirements of s. 627.733 shall

  7  provide personal injury protection to the named insured,

  8  relatives residing in the same household, persons operating

  9  the insured motor vehicle, passengers in such motor vehicle,

10  and other persons struck by such motor vehicle and suffering

11  bodily injury while not an occupant of a self-propelled

12  vehicle, subject to the provisions of subsection (2) and

13  paragraph (4)(d), to a limit of $10,000 for loss sustained by

14  any such person as a result of bodily injury, sickness,

15  disease, or death arising out of the ownership, maintenance,

16  or use of a motor vehicle as follows:

17         (a)  Medical benefits.--One hundred Eighty percent of

18  all reasonable expenses for necessary medical, surgical,

19  X-ray, dental, and rehabilitative services, including

20  prosthetic devices, and necessary ambulance, hospital, and

21  nursing services.  Such benefits shall also include necessary

22  remedial treatment and services recognized and permitted under

23  the laws of the state for an injured person who relies upon

24  spiritual means through prayer alone for healing, in

25  accordance with his or her religious beliefs.

26         (b)  Disability benefits.--Sixty percent of any loss of

27  gross income and loss of earning capacity per individual from

28  inability to work proximately caused by the injury sustained

29  by the injured person, plus all expenses reasonably incurred

30  in obtaining from others ordinary and necessary services in

31  lieu of those that, but for the injury, the injured person

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  1  would have performed without income for the benefit of his or

  2  her household. All disability benefits payable under this

  3  provision shall be paid not less than every 2 weeks.

  4         (c)  Death benefits.--Death benefits of $5,000 per

  5  individual.  The insurer may pay such benefits to the executor

  6  or administrator of the deceased, to any of the deceased's

  7  relatives by blood or legal adoption or connection by

  8  marriage, or to any person appearing to the insurer to be

  9  equitably entitled thereto.

10

11  Only insurers writing motor vehicle liability insurance in

12  this state may provide the required benefits of this section,

13  and no such insurer shall require the purchase of any other

14  motor vehicle coverage other than the purchase of property

15  damage liability coverage as required by s. 627.7275 as a

16  condition for providing such required benefits. Insurers may

17  not require that property damage liability insurance in an

18  amount greater than $10,000 be purchased in conjunction with

19  personal injury protection.  Such insurers shall make benefits

20  and required property damage liability insurance coverage

21  available through normal marketing channels. Any insurer

22  writing motor vehicle liability insurance in this state who

23  fails to comply with such availability requirement as a

24  general business practice shall be deemed to have violated

25  part X of chapter 626, and such violation shall constitute an

26  unfair method of competition or an unfair or deceptive act or

27  practice involving the business of insurance; and any such

28  insurer committing such violation shall be subject to the

29  penalties afforded in such part, as well as those which may be

30  afforded elsewhere in the insurance code.

31

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  1         (2)  AUTHORIZED EXCLUSIONS.--Any insurer may exclude

  2  benefits:

  3         (a)  For injury sustained by the named insured and

  4  relatives residing in the same household while occupying

  5  another motor vehicle owned by the named insured and not

  6  insured under the policy or for injury sustained by any person

  7  operating the insured motor vehicle without the express or

  8  implied consent of the insured.

  9         (b)  To any injured person, if such person's conduct

10  contributed to his or her injury under any of the following

11  circumstances:

12         1.  Causing injury to himself or herself intentionally;

13  or

14         2.  Being injured while committing a felony.

15

16  Whenever an insured is charged with conduct as set forth in

17  subparagraph 2., the 30-day payment provision of paragraph

18  (4)(b) shall be held in abeyance, and the insurer shall

19  withhold payment of any personal injury protection benefits

20  pending the outcome of the case at the trial level.  If the

21  charge is nolle prossed or dismissed or the insured is

22  acquitted, the 30-day payment provision shall run from the

23  date the insurer is notified of such action.

24         (3)  INSURED'S RIGHTS TO RECOVERY OF SPECIAL DAMAGES IN

25  TORT CLAIMS.--No insurer shall have a lien on any recovery in

26  tort by judgment, settlement, or otherwise for personal injury

27  protection benefits, whether suit has been filed or settlement

28  has been reached without suit.  An injured party who is

29  entitled to bring suit under the provisions of ss.

30  627.730-627.7405, or his or her legal representative, shall

31  have no right to recover any damages for which personal injury

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  1  protection benefits are paid or payable. The plaintiff may

  2  prove all of his or her special damages notwithstanding this

  3  limitation, but if special damages are introduced in evidence,

  4  the trier of facts, whether judge or jury, shall not award

  5  damages for personal injury protection benefits paid or

  6  payable.  In all cases in which a jury is required to fix

  7  damages, the court shall instruct the jury that the plaintiff

  8  shall not recover such special damages for personal injury

  9  protection benefits paid or payable.

10         (3)(4)  BENEFITS; WHEN DUE.--Benefits due from an

11  insurer under ss. 627.730-627.7405 shall be primary, except

12  that benefits received under any workers' compensation law

13  shall be credited against the benefits provided by subsection

14  (1) and shall be due and payable as loss accrues, upon receipt

15  of reasonable proof of such loss and the amount of expenses

16  and loss incurred which are covered by the policy issued under

17  ss. 627.730-627.7405. When the Department of Health and

18  Rehabilitative Services provides, pays, or becomes liable for

19  medical assistance under the Medicaid program related to

20  injury, sickness, disease, or death arising out of the

21  ownership, maintenance, or use of a motor vehicle, benefits

22  under ss. 627.730-627.7405 shall be subject to the provisions

23  of the Medicaid program.

24         (a)  An insurer may require written notice to be given

25  as soon as practicable after an accident involving a motor

26  vehicle with respect to which the policy affords the security

27  required by ss. 627.730-627.7405.

28         (b)  Personal injury protection insurance benefits paid

29  pursuant to this section shall be overdue if not paid within

30  30 days after the insurer is furnished written notice of the

31  fact of a covered loss and of the amount of same.  If such

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  1  written notice is not furnished to the insurer as to the

  2  entire claim, any partial amount supported by written notice

  3  is overdue if not paid within 30 days after such written

  4  notice is furnished to the insurer.  Any part or all of the

  5  remainder of the claim that is subsequently supported by

  6  written notice is overdue if not paid within 30 days after

  7  such written notice is furnished to the insurer.  However, any

  8  payment shall not be deemed overdue when the insurer has

  9  reasonable proof to establish that the insurer is not

10  responsible for the payment, notwithstanding that written

11  notice has been furnished to the insurer.  For the purpose of

12  calculating the extent to which any benefits are overdue,

13  payment shall be treated as being made on the date a draft or

14  other valid instrument which is equivalent to payment was

15  placed in the United States mail in a properly addressed,

16  postpaid envelope or, if not so posted, on the date of

17  delivery.

18         (c)  All overdue payments shall bear simple interest at

19  the rate of 10 percent per year.

20         (d)  The insurer of the owner of a motor vehicle shall

21  pay personal injury protection benefits for:

22         1.  Accidental bodily injury sustained in this state by

23  the owner while occupying a motor vehicle, or while not an

24  occupant of a self-propelled vehicle if the injury is caused

25  by physical contact with a motor vehicle.

26         2.  Accidental bodily injury sustained outside this

27  state, but within the United States of America or its

28  territories or possessions or Canada, by the owner while

29  occupying the owner's motor vehicle.

30         3.  Accidental bodily injury sustained by a relative of

31  the owner residing in the same household, under the

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  1  circumstances described in subparagraph 1. or subparagraph 2.,

  2  provided the relative at the time of the accident is domiciled

  3  in the owner's household and is not himself or herself the

  4  owner of a motor vehicle with respect to which security is

  5  required under ss. 627.730-627.7405.

  6         4.  Accidental bodily injury sustained in this state by

  7  any other person while occupying the owner's motor vehicle or,

  8  if a resident of this state, while not an occupant of a

  9  self-propelled vehicle, if the injury is caused by physical

10  contact with such motor vehicle, provided the injured person

11  is not himself or herself:

12         a.  The owner of a motor vehicle with respect to which

13  security is required under ss. 627.730-627.7405; or

14         b.  Entitled to personal injury benefits from the

15  insurer of the owner or owners of such a motor vehicle.

16         (e)  If two or more insurers are liable to pay personal

17  injury protection benefits for the same injury to any one

18  person, the maximum payable shall be as specified in

19  subsection (1), and any insurer paying the benefits shall be

20  entitled to recover from each of the other insurers an

21  equitable pro rata share of the benefits paid and expenses

22  incurred in processing the claim.

23         (f)  Medical payments insurance, if available in a

24  policy of motor vehicle insurance, shall pay the portion of

25  any claim for personal injury protection medical benefits

26  which is otherwise covered but is not payable due to the

27  coinsurance provision of paragraph (1)(a), regardless of

28  whether the full amount of personal injury protection coverage

29  has been exhausted.  The benefits shall not be payable for the

30  amount of any deductible which has been selected.

31

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  1         (g)  It is a violation of the insurance code for an

  2  insurer to fail to timely provide benefits as required by this

  3  section with such frequency as to constitute a general

  4  business practice.

  5         (4)(5)  CHARGES FOR TREATMENT OF INJURED PERSONS.--Any

  6  physician, hospital, clinic, or other person or institution

  7  lawfully rendering treatment to an injured person for a bodily

  8  injury covered by personal injury protection insurance may

  9  charge only a reasonable amount for the products, services,

10  and accommodations rendered, and the insurer providing such

11  coverage may pay for such charges directly to such person or

12  institution lawfully rendering such treatment, if the insured

13  receiving such treatment or his or her guardian has

14  countersigned the invoice, bill, or claim form approved by the

15  Department of Insurance upon which such charges are to be paid

16  for as having actually been rendered, to the best knowledge of

17  the insured or his or her guardian.  In no event, however, may

18  such a charge be in excess of the amount the person or

19  institution customarily charges for like products, services,

20  or accommodations in cases involving no insurance, provided

21  that charges for cephalic thermograms and peripheral

22  thermograms shall not exceed the maximum reimbursement

23  allowance for such procedures as set forth in the applicable

24  fee schedule established pursuant to s. 440.13.  Every insurer

25  shall include a provision in its policy for personal injury

26  protection benefits for binding arbitration of any claims

27  dispute involving medical benefits arising between the insurer

28  and any person providing medical services or supplies if that

29  person has agreed to accept assignment of personal injury

30  protection benefits. The provision shall specify that the

31  provisions of chapter 682 relating to arbitration shall apply.

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  1  The prevailing party shall be entitled to attorney's fees and

  2  costs.

  3         (5)(6)  DISCOVERY OF FACTS ABOUT AN INJURED PERSON;

  4  DISPUTES.--

  5         (a)  Every employer shall, if a request is made by an

  6  insurer providing personal injury protection benefits under

  7  ss. 627.730-627.7405 against whom a claim has been made,

  8  furnish forthwith, in a form approved by the department, a

  9  sworn statement of the earnings, since the time of the bodily

10  injury and for a reasonable period before the injury, of the

11  person upon whose injury the claim is based.

12         (b)  Every physician, hospital, clinic, or other

13  medical institution providing, before or after bodily injury

14  upon which a claim for personal injury protection insurance

15  benefits is based, any products, services, or accommodations

16  in relation to that or any other injury, or in relation to a

17  condition claimed to be connected with that or any other

18  injury, shall, if requested to do so by the insurer against

19  whom the claim has been made, furnish forthwith a written

20  report of the history, condition, treatment, dates, and costs

21  of such treatment of the injured person, together with a sworn

22  statement that the treatment or services rendered were

23  reasonable and necessary with respect to the bodily injury

24  sustained and identifying which portion of the expenses for

25  such treatment or services was incurred as a result of such

26  bodily injury, and produce forthwith, and permit the

27  inspection and copying of, his or her or its records regarding

28  such history, condition, treatment, dates, and costs of

29  treatment.  Such sworn statement shall read as follows: "Under

30  penalty of perjury, I declare that I have read the foregoing,

31  and the facts alleged are true, to the best of my knowledge

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  1  and belief." No cause of action for violation of the

  2  physician-patient privilege or invasion of the right of

  3  privacy shall be permitted against any physician, hospital,

  4  clinic, or other medical institution complying with the

  5  provisions of this section.  The person requesting such

  6  records and such sworn statement shall pay all reasonable

  7  costs connected therewith.

  8         (c)  In the event of any dispute regarding an insurer's

  9  right to discovery of facts about an injured person's earnings

10  or about his or her history, condition, or treatment, or the

11  dates and costs of such treatment, the insurer may petition a

12  court of competent jurisdiction to enter an order permitting

13  such discovery.  The order may be made only on motion for good

14  cause shown and upon notice to all persons having an interest,

15  and it shall specify the time, place, manner, conditions, and

16  scope of the discovery. Such court may, in order to protect

17  against annoyance, embarrassment, or oppression, as justice

18  requires, enter an order refusing discovery or specifying

19  conditions of discovery and may order payments of costs and

20  expenses of the proceeding, including reasonable fees for the

21  appearance of attorneys at the proceedings, as justice

22  requires.

23         (d)  The injured person shall be furnished, upon

24  request, a copy of all information obtained by the insurer

25  under the provisions of this section, and shall pay a

26  reasonable charge, if required by the insurer.

27         (e)  Notice to an insurer of the existence of a claim

28  shall not be unreasonably withheld by an insured.

29         (6)(7)  MENTAL AND PHYSICAL EXAMINATION OF INJURED

30  PERSON; REPORTS.--

31

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    Florida Senate - 1998                                  SB 1628
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  1         (a)  Whenever the mental or physical condition of an

  2  injured person covered by personal injury protection is

  3  material to any claim that has been or may be made for past or

  4  future personal injury protection insurance benefits, such

  5  person shall, upon the request of an insurer, submit to mental

  6  or physical examination by a physician or physicians.  The

  7  costs of any examinations requested by an insurer shall be

  8  borne entirely by the insurer. Such examination shall be

  9  conducted within the municipality of residence of the insured

10  or in the municipality where the insured is receiving

11  treatment. If the examination is to be conducted within the

12  municipality of residence of the insured and if there is no

13  qualified physician to conduct the examination within such

14  municipality, then such examination shall be conducted in an

15  area of the closest proximity to the insured's residence.

16  Personal protection insurers are authorized to include

17  reasonable provisions in personal injury protection insurance

18  policies for mental and physical examination of those claiming

19  personal injury protection insurance benefits. An insurer may

20  not withdraw payment of a treating physician without the

21  consent of the injured person covered by the personal injury

22  protection, unless the insurer first obtains a report by a

23  physician licensed under the same chapter as the treating

24  physician whose treatment authorization is sought to be

25  withdrawn, stating that treatment was not reasonable, related,

26  or necessary.

27         (b)  If requested by the person examined, a party

28  causing an examination to be made shall deliver to him or her

29  a copy of every written report concerning the examination

30  rendered by an examining physician, at least one of which

31  reports must set out the examining physician's findings and

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    Florida Senate - 1998                                  SB 1628
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  1  conclusions in detail.  After such request and delivery, the

  2  party causing the examination to be made is entitled, upon

  3  request, to receive from the person examined every written

  4  report available to him or her or his or her representative

  5  concerning any examination, previously or thereafter made, of

  6  the same mental or physical condition.  By requesting and

  7  obtaining a report of the examination so ordered, or by taking

  8  the deposition of the examiner, the person examined waives any

  9  privilege he or she may have, in relation to the claim for

10  benefits, regarding the testimony of every other person who

11  has examined, or may thereafter examine, him or her in respect

12  to the same mental or physical condition. If a person

13  unreasonably refuses to submit to an examination, the personal

14  injury protection carrier is no longer liable for subsequent

15  personal injury protection benefits.

16         (7)(8)  APPLICABILITY OF PROVISION REGULATING

17  ATTORNEY'S FEES.--With respect to any dispute under the

18  provisions of ss. 627.730-627.7405 between the insured and the

19  insurer, the provisions of s. 627.428 shall apply.

20         (8)(9)  REPORTS AND NOTIFICATION.--

21         (a)  Each insurer which has issued a policy providing

22  personal injury protection benefits shall report the renewal,

23  cancellation, or nonrenewal thereof to the Department of

24  Highway Safety and Motor Vehicles within 45 days from the

25  effective date of the renewal, cancellation, or nonrenewal.

26  Upon the issuance of a policy providing personal injury

27  protection benefits to a named insured not previously insured

28  by the insurer thereof during that calendar year, the insurer

29  shall report the issuance of the new policy to the Department

30  of Highway Safety and Motor Vehicles within 30 days.  The

31  report shall be in such form and format and contain such

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  1  information as may be required by the Department of Highway

  2  Safety and Motor Vehicles which shall include a format

  3  compatible with the data processing capabilities of said

  4  department, and the Department of Highway Safety and Motor

  5  Vehicles is authorized to adopt rules necessary with respect

  6  thereto. Failure by an insurer to file proper reports with the

  7  Department of Highway Safety and Motor Vehicles as required by

  8  this subsection or rules adopted with respect to the

  9  requirements of this subsection constitutes a violation of the

10  Florida Insurance Code. Reports of cancellations and policy

11  renewals and reports of the issuance of new policies received

12  by the Department of Highway Safety and Motor Vehicles are

13  confidential and exempt from the provisions of s. 119.07(1).

14  These records are to be used for enforcement and regulatory

15  purposes only, including the generation by the department of

16  data regarding compliance by owners of motor vehicles with

17  financial responsibility coverage requirements. In addition,

18  the Department of Highway Safety and Motor Vehicles shall

19  release, upon a written request by a person involved in a

20  motor vehicle accident, by the person's attorney, or by a

21  representative of the person's motor vehicle insurer, the name

22  of the insurance company and the policy number for the policy

23  covering the vehicle named by the requesting party.  The

24  written request must include a copy of the appropriate

25  accident form as provided in s. 316.065, s. 316.066, or s.

26  316.068.

27         (b)  Every insurer with respect to each insurance

28  policy providing personal injury protection benefits shall

29  notify the named insured or in the case of a commercial fleet

30  policy, the first named insured in writing that any

31  cancellation or nonrenewal of the policy will be reported by

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  1  the insurer to the Department of Highway Safety and Motor

  2  Vehicles.  The notice shall also inform the named insured that

  3  failure to maintain personal injury protection and property

  4  damage liability insurance on a motor vehicle when required by

  5  law may result in the loss of registration and driving

  6  privileges in this state, and the notice shall inform the

  7  named insured of the amount of the reinstatement fees required

  8  by s. 627.733(7).  This notice is for informational purposes

  9  only, and no civil liability shall attach to an insurer due to

10  failure to provide this notice.

11         (9)(10)  NEGOTIATIONS WITH PREFERRED PROVIDERS.-- An

12  insurer may negotiate and enter into contracts with licensed

13  health care providers for the benefits described in this

14  section, referred to in this section as "preferred providers,"

15  which shall include health care providers licensed under

16  chapters 458, 459, 460, 461, and 463. The insurer may provide

17  an option to an insured to use a preferred provider at the

18  time of purchase of the policy for personal injury protection

19  benefits, if the requirements of this subsection are met.  If

20  the insured elects to use a provider who is not a preferred

21  provider, whether the insured purchased a preferred provider

22  policy or a nonpreferred provider policy, the medical benefits

23  provided by the insurer shall be as required by this section.

24  If the insured elects to use a provider who is a preferred

25  provider, the insurer may pay medical benefits in excess of

26  the benefits required by this section and may waive or lower

27  the amount of any deductible that applies to such medical

28  benefits.  If the insurer offers a preferred provider policy

29  to a policyholder or applicant, it must also offer a

30  nonpreferred provider policy. The insurer shall provide each

31  policyholder with a current roster of preferred providers in

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    Florida Senate - 1998                                  SB 1628
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  1  the county in which the insured resides at the time of

  2  purchase of such policy, and shall make such list available

  3  for public inspection during regular business hours at the

  4  principal office of the insurer within the state.

  5         Section 9.  Section 627.737, Florida Statutes, is

  6  repealed.

  7         Section 10.  This act shall take effect upon becoming a

  8  law.

  9

10            *****************************************

11                          SENATE SUMMARY

12    Establishes mandatory financial responsibility
      requirements for certain motor vehicles. Increases the
13    minimum financial responsibility limits required on motor
      vehicles. Increases percentage of medical benefits
14    payable to 100 percent. Deletes insured's right to
      recovery of special damages. Repeals s. 627.737, F.S.,
15    relating to tort exemption for damages due to bodily
      injury. (See bill for details.)
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