House Bill hb1599

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    Florida House of Representatives - 2001                HB 1599

        By Representative Simmons






  1                      A bill to be entitled

  2         An act relating to motor vehicle financial

  3         responsibility; amending s. 324.021, F.S.;

  4         revising the definition of the term "motor

  5         vehicle"; increasing financial responsibility

  6         limits with respect to bodily injury or death

  7         in a single accident; creating s. 324.023,

  8         F.S.; requiring proof of financial

  9         responsibility for bodily injury or death;

10         amending s. 324.031, F.S.; increasing limits

11         for proof of financial responsibility for

12         for-hire transportation vehicle certificates of

13         self-insurance; amending s. 324.161, F.S.;

14         increasing the amount required for a surety

15         bond or deposit for proof of financial

16         responsibility; amending s. 324.171, F.S.;

17         revising the required threshold limit for

18         self-insurers; amending ss. 316.646 and

19         627.733, F.S., to conform to the act; providing

20         an effective date.

21

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

23

24         Section 1.  Subsection (1) and paragraphs (a) and (b)

25  of subsection (7) of section 324.021, Florida Statutes, are

26  amended to read:

27         324.021  Definitions; minimum insurance required.--The

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

29  for the purpose of this chapter, have the meanings

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

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    Florida House of Representatives - 2001                HB 1599

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  1  instances where the context clearly indicates a different

  2  meaning:

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

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

  5  highway, including trailers and semitrailers designed for use

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

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

  8  vehicle which is propelled by electric power obtained from

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

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

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

12  the owner of such vehicle has complied with the requirements

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

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

15  insurance provisions of s. 320.02 apply.

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

17  ability to respond in damages for liability on account of

18  crashes arising out of the use of a motor vehicle:

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

20  injury to, or death of, one person in any one crash;

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

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

23  death of, two or more persons in any one crash;

24         Section 2.  Section 324.023, Florida Statutes, is

25  created to read:

26         324.023  Financial responsibility for bodily injury or

27  death.--Every owner of a motor vehicle that is required to be

28  registered in this state and every operator of any motor

29  vehicle located within this state shall, by one of the methods

30  established in s. 324.031, establish and maintain the ability

31  to respond in damages for liability on account of accidents

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    Florida House of Representatives - 2001                HB 1599

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  1  arising out of the use of the motor vehicle in the amounts

  2  prescribed in s. 324.021(7)(a) and (b). This section does not

  3  apply to any motor vehicle that has been continuously and

  4  exclusively used for a commercial purpose since being acquired

  5  by its current owner.

  6         Section 3.  Section 324.031, Florida Statutes, is

  7  amended to read:

  8         324.031  Manner of proving financial

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

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

11  transportation vehicle may prove financial responsibility by

12  providing satisfactory evidence of holding a motor vehicle

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

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

15  member of the Florida Insurance Guaranty Association. The

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

17  financial responsibility by:

18         (1)  Furnishing satisfactory evidence of holding a

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

20  and 324.151;

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

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

23  conditioned for payment of the amount specified in s.

24  324.021(7);

25         (3)  Furnishing a certificate of the department showing

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

27  or

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

29  by the department in accordance with s. 324.171.

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

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

  3  electing to use the method of proof specified in subsection

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

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

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

  7  other than a natural person, shall maintain insurance

  8  providing coverage in excess of limits of

  9  $25,000/50,000/10,000 $10,000/20,000/10,000 or $60,000 $30,000

10  combined single limits, and such excess insurance shall

11  provide minimum limits of $125,000/250,000/50,000

12  $50,000/100,000/50,000 or $300,000 $150,000 combined single

13  limits.

14         Section 4.  Section 324.161, Florida Statutes, is

15  amended to read:

16         324.161  Proof of financial responsibility; surety bond

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

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

19  securities such as may be legally purchased by savings banks

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

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

22  accordance with the provisions of this chapter, any execution

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

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

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

26  resulting from the use or operation of any motor vehicle

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

28  deposited shall not be subject to attachment or execution

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

30  for damages as aforesaid.

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    Florida House of Representatives - 2001                HB 1599

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  1         Section 5.  Paragraphs (a) and (b) of subsection (1) of

  2  section 324.171, Florida Statutes, are amended to read:

  3         324.171  Self-insurer.--

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

  5  obtaining a certificate of self-insurance from the department

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

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

  8  person has satisfied the requirements of this section to

  9  qualify as a self-insurer under this section:

10         (a)  A private individual with private passenger

11  vehicles shall possess a net unencumbered worth of at least

12  $60,000 $40,000.

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

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

15  natural person, shall:

16         1.  Possess a net unencumbered worth of at least

17  $60,000 $40,000 for the first motor vehicle and $50,000

18  $20,000 for each additional motor vehicle; or

19         2.  Maintain sufficient net worth, as determined

20  annually by the department, pursuant to rules promulgated by

21  the department, with the assistance of the Department of

22  Insurance, to be financially responsible for potential losses.

23  The rules shall take into consideration excess insurance

24  carried by the applicant.  The department's determination

25  shall be based upon reasonable actuarial principles

26  considering the frequency, severity, and loss development of

27  claims incurred by casualty insurers writing coverage on the

28  type of motor vehicles for which a certificate of

29  self-insurance is desired.

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

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

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    Florida House of Representatives - 2001                HB 1599

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  1  self-insurer subject to the standards provided for in

  2  subparagraph (b)2.

  3         Section 6.  Subsections (1) and (3) of section 316.646,

  4  Florida Statutes, are amended to read:

  5         316.646  Security required; proof of security and

  6  display thereof; dismissal of cases.--

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

  8  personal injury protection security on a motor vehicle or any

  9  person required by s. 324.023 to maintain liability coverage

10  for bodily injury or death shall have in his or her immediate

11  possession at all times while operating such motor vehicle

12  proper proof of maintenance of the security required by ss. s.

13  627.733 and 324.023.  Such proof shall be either a uniform

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

15  department, a valid insurance policy, an insurance policy

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

17  be prescribed by the department.

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

19  a nonmoving traffic infraction subject to the penalty provided

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

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

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

23  before the scheduled court appearance date, that security was

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

25  immediately suspend the registration and driver's license of

26  such person.  Such license and registration may only be

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

28         Section 7.  Subsection (7) of section 627.733, Florida

29  Statutes, is amended to read:

30         627.733  Required security.--

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

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

  3  316.646 may effect its reinstatement upon compliance with the

  4  requirements of this section and upon payment to the

  5  Department of Highway Safety and Motor Vehicles of a

  6  nonrefundable reinstatement fee of $150 for the first

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

  8  second reinstatement and $500 for each subsequent

  9  reinstatement during the 3 years following the first

10  reinstatement. Any person reinstating her or his insurance

11  under this subsection must also secure noncancelable coverage

12  as described in ss. s. 627.7275(2) and 324.021(8) and present

13  to the appropriate person proof that the coverage is in force

14  on a form promulgated by the Department of Highway Safety and

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

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

17  after her or his initial reinstatement, the reinstatement fee

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

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

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

21  reinstatement fee shall be paid to reinstate the license and

22  the registration. All fees shall be collected by the

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

24  reinstatement.  The Department of Highway Safety and Motor

25  Vehicles shall issue proper receipts for such fees and shall

26  promptly deposit those fees in the Highway Safety Operating

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

28  subsection shall be distributed from the Highway Safety

29  Operating Trust Fund to the local government entity or state

30  agency which employed the law enforcement officer or the

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

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    Florida House of Representatives - 2001                HB 1599

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  1  324.201 or to s. 324.202.  Such funds may be used by the local

  2  government entity or state agency for any authorized purpose.

  3         Section 8.  This act shall take effect upon becoming a

  4  law.

  5

  6            *****************************************

  7                          HOUSE SUMMARY

  8
      Revises provisions of law governing proof of financial
  9    responsibility for the operation of a motor vehicle to:
           1. Redefine the term "motor vehicle" to eliminate an
10    exclusion.
           2. Increase financial responsibility limits to
11    $25,000 because of bodily injury to or death of one
      person in one accident and $50,000 because of bodily
12    injury to or death of two or more persons in one
      accident.
13         3. Require financial responsibility for bodily
      injury or death by every owner of a motor vehicle that is
14    required to be registered in this state and every
      operator of a motor vehicle located within this state.
15         4. Increase required bond amounts for proof of
      financial responsibility.
16         5. Increase to $60,000 the threshold amount for
      self-insurers for the first motor vehicle and to $50,000
17    the amount for each additional motor vehicle.

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      See bill for details.
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