SENATE AMENDMENT
Bill No. CS for SB 1362
Amendment No. ___ Barcode 262574
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Geller moved the following amendment to House
12 amendment (803811):
13
14 Senate Amendment (with title amendment)
15 On page 5, lines 15-18, delete those lines
16
17 and insert:
18 Section 4. Subsection (1) and paragraph (b) of
19 subsection (5) of section 627.736, Florida Statutes, are
20 amended to read:
21 627.736 Required personal injury protection benefits;
22 exclusions; priority; claims.--
23 (1) REQUIRED BENEFITS.--Every insurance policy
24 complying with the security requirements of s. 627.733 shall
25 provide personal injury protection to the named insured,
26 relatives residing in the same household, persons operating
27 the insured motor vehicle, passengers in such motor vehicle,
28 and other persons struck by such motor vehicle and suffering
29 bodily injury while not an occupant of a self-propelled
30 vehicle, subject to the provisions of subsection (2) and
31 paragraph (4)(d), to a limit of $10,000 for loss sustained by
1
4:36 PM 03/21/02 s1362c1c-29r01
SENATE AMENDMENT
Bill No. CS for SB 1362
Amendment No. ___ Barcode 262574
1 any such person as a result of bodily injury, sickness,
2 disease, or death arising out of the ownership, maintenance,
3 or use of a motor vehicle as follows:
4 (a) Medical benefits.--Eighty percent of all
5 reasonable expenses for medically necessary medical, surgical,
6 X-ray, dental, and rehabilitative services, including
7 prosthetic devices, and medically necessary ambulance,
8 hospital, and nursing services. Such benefits shall also
9 include necessary remedial treatment and services recognized
10 and permitted under the laws of the state for an injured
11 person who relies upon spiritual means through prayer alone
12 for healing, in accordance with his or her religious beliefs;
13 however, this sentence does not affect the determination of
14 what other services or procedures are medically necessary.
15 (b) Disability benefits.--Sixty percent of any loss of
16 gross income and loss of earning capacity per individual from
17 inability to work proximately caused by the injury sustained
18 by the injured person, plus all expenses reasonably incurred
19 in obtaining from others ordinary and necessary services in
20 lieu of those that, but for the injury, the injured person
21 would have performed without income for the benefit of his or
22 her household. All disability benefits payable under this
23 provision shall be paid not less than every 2 weeks.
24 (c) Death benefits.--Death benefits of $5,000 per
25 individual. The insurer may pay such benefits to the executor
26 or administrator of the deceased, to any of the deceased's
27 relatives by blood or legal adoption or connection by
28 marriage, or to any person appearing to the insurer to be
29 equitably entitled thereto.
30
31 Only insurers writing motor vehicle liability insurance in
2
4:36 PM 03/21/02 s1362c1c-29r01
SENATE AMENDMENT
Bill No. CS for SB 1362
Amendment No. ___ Barcode 262574
1 this state may provide the required benefits of this section,
2 and no such insurer shall require the purchase of any other
3 motor vehicle coverage other than the purchase of property
4 damage liability coverage as required by s. 627.7275 as a
5 condition for providing such required benefits. Insurers may
6 not require that property damage liability insurance in an
7 amount greater than $10,000 be purchased in conjunction with
8 personal injury protection. Such insurers shall make benefits
9 and required property damage liability insurance coverage
10 available through normal marketing channels. Any insurer
11 writing motor vehicle liability insurance in this state who
12 fails to comply with such availability requirement as a
13 general business practice shall be deemed to have violated
14 part IX of chapter 626, and such violation shall constitute an
15 unfair method of competition or an unfair or deceptive act or
16 practice involving the business of insurance; and any such
17 insurer committing such violation shall be subject to the
18 penalties afforded in such part, as well as those which may be
19 afforded elsewhere in the insurance code. Any person covered
20 under a personal injury protection policy is not prohibited
21 from assigning the rights and benefits under the policy to any
22 provider of medical services.
23
24
25 ================ T I T L E A M E N D M E N T ===============
26 And the title is amended as follows:
27 On page 8, line 26, after the second semicolon,
28
29 insert:
30 authorizing the assignment of rights and
31 benefits under a personal injury protection
3
4:36 PM 03/21/02 s1362c1c-29r01
SENATE AMENDMENT
Bill No. CS for SB 1362
Amendment No. ___ Barcode 262574
1 policy;
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
4
4:36 PM 03/21/02 s1362c1c-29r01