HB 0945

1	A bill to be entitled
2	An act relating to personal injury protection insurance;
3	amending ss. 324.021, 627.7295, 627.736, and 627.739,
4	F.S.; providing an additional personal injury protection
5	financial requirement for certain emergency services and
6	care; providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1.  Subsection (7) of section 324.021, Florida
11	Statutes, is amended to read:
12	324.021  Definitions; minimum insurance required.--The
13	following words and phrases when used in this chapter shall, for
14	the purpose of this chapter, have the meanings respectively
15	ascribed to them in this section, except in those instances
16	where the context clearly indicates a different meaning:
17	(7)  PROOF OF FINANCIAL RESPONSIBILITY.--That proof of
18	ability to respond in damages for liability on account of
19	crashes arising out of the use of a motor vehicle:
20	(a)  In the amount of $10,000 because of bodily injury to,
21	or death of, one person in any one crash.;
22	(b)  Subject to such limits for one person, in the amount
23	of $20,000 because of bodily injury to, or death of, two or more
24	persons in any one crash.;
25	(c)  In the amount of $30,000 of total benefits for
26	emergency services and care as defined in s. 395.002 provided in
27	or by a hospital as defined in s. 395.002.
28	(d)(c)  In the amount of $10,000 because of injury to, or
29	destruction of, property of others in any one crash.; and
30	(e)(d)  With respect to commercial motor vehicles and
31	nonpublic sector buses, in the amounts specified in ss. 627.7415
32	and 627.742, respectively.
33	Section 2.  Subsection (7) of section 627.7295, Florida
34	Statutes, is amended to read:
35	627.7295  Motor vehicle insurance contracts.--
36	(7)  A policy of private passenger motor vehicle insurance
37	or a binder for such a policy may be initially issued in this
38	state only if the insurer or agent has collected from the
39	insured an amount equal to 2 months' premium. An insurer, agent,
40	or premium finance company may not directly or indirectly take
41	any action resulting in the insured having paid from the
42	insured's own funds an amount less than the 2 months' premium
43	required by this subsection. This subsection applies without
44	regard to whether the premium is financed by a premium finance
45	company or is paid pursuant to a periodic payment plan of an
46	insurer or an insurance agent. This subsection does not apply if
47	an insured or member of the insured's family is renewing or
48	replacing a policy or a binder for such policy written by the
49	same insurer or a member of the same insurer group. This
50	subsection does not apply to an insurer that issues private
51	passenger motor vehicle coverage primarily to active duty or
52	former military personnel or their dependents. This subsection
53	does not apply if all policy payments are paid pursuant to a
54	payroll deduction plan or an automatic electronic funds transfer
55	payment plan from the policyholder, provided that the first
56	policy payment is made by cash, cashier's check, check, or a
57	money order. This subsection and subsection (4) do not apply if
58	all policy payments to an insurer are paid pursuant to an
59	automatic electronic funds transfer payment plan from an agent
60	or a managing general agent and if the policy includes, at a
61	minimum, personal injury protection pursuant to ss. 627.730-
62	627.7405; motor vehicle property damage liability pursuant to s.
63	627.7275; and bodily injury liability in at least the amount of
64	$10,000 because of bodily injury to, or death of, one person in
65	any one accident, and in the amount of $20,000 because of bodily
66	injury to, or death of, two or more persons in any one accident,
67	and in the amount of $30,000 of total benefits for emergency
68	services and care as defined in s. 395.002 provided in or by a
69	hospital as defined in s. 395.002. This subsection and
70	subsection (4) do not apply if an insured has had a policy in
71	effect for at least 6 months, the insured's agent is terminated
72	by the insurer that issued the policy, and the insured obtains
73	coverage on the policy's renewal date with a new company through
74	the terminated agent.
75	Section 3.  Subsection (1) of section 627.736, Florida
76	Statutes, is amended to read:
77	627.736  Required personal injury protection benefits;
78	exclusions; priority; claims.--
79	(1)  REQUIRED BENEFITS.--Every insurance policy complying
80	with the security requirements of s. 627.733 shall provide
81	personal injury protection to the named insured, relatives
82	residing in the same household, persons operating the insured
83	motor vehicle, passengers in such motor vehicle, and other
84	persons struck by such motor vehicle and suffering bodily injury
85	while not an occupant of a self-propelled vehicle, subject to
86	the provisions of subsection (2) and paragraph (4)(d), to a
87	limit of $10,000 for loss sustained by any such person as a
88	result of bodily injury, sickness, disease, or death arising out
89	of the ownership, maintenance, or use of a motor vehicle, and to
90	a limit of $30,000 of total benefits for emergency services and
91	care as defined in s. 395.002 provided in or by a hospital as
92	defined in s. 395.002, as follows:
93	(a)  Medical benefits.--Eighty percent of all reasonable
94	expenses for medically necessary medical, surgical, X-ray,
95	dental, and rehabilitative services, including prosthetic
96	devices, and medically necessary ambulance, hospital, and
97	nursing services. Such benefits shall also include necessary
98	remedial treatment and services recognized and permitted under
99	the laws of the state for an injured person who relies upon
100	spiritual means through prayer alone for healing, in accordance
101	with his or her religious beliefs; however, this sentence does
102	not affect the determination of what other services or
103	procedures are medically necessary.
104	(b)  Disability benefits.--Sixty percent of any loss of
105	gross income and loss of earning capacity per individual from
106	inability to work proximately caused by the injury sustained by
107	the injured person, plus all expenses reasonably incurred in
108	obtaining from others ordinary and necessary services in lieu of
109	those that, but for the injury, the injured person would have
110	performed without income for the benefit of his or her
111	household. All disability benefits payable under this provision
112	shall be paid not less than every 2 weeks.
113	(c)  Death benefits.--Death benefits of $5,000 per
114	individual. The insurer may pay such benefits to the executor or
115	administrator of the deceased, to any of the deceased's
116	relatives by blood or legal adoption or connection by marriage,
117	or to any person appearing to the insurer to be equitably
118	entitled thereto.
119
120	Only insurers writing motor vehicle liability insurance in this
121	state may provide the required benefits of this section, and no
122	such insurer shall require the purchase of any other motor
123	vehicle coverage other than the purchase of property damage
124	liability coverage as required by s. 627.7275 as a condition for
125	providing such required benefits. Insurers may not require that
126	property damage liability insurance in an amount greater than
127	$10,000 be purchased in conjunction with personal injury
128	protection. Such insurers shall make benefits and required
129	property damage liability insurance coverage available through
130	normal marketing channels. Any insurer writing motor vehicle
131	liability insurance in this state who fails to comply with such
132	availability requirement as a general business practice shall be
133	deemed to have violated part IX of chapter 626, and such
134	violation shall constitute an unfair method of competition or an
135	unfair or deceptive act or practice involving the business of
136	insurance; and any such insurer committing such violation shall
137	be subject to the penalties afforded in such part, as well as
138	those which may be afforded elsewhere in the insurance code.
139	Section 4.  Subsection (2) of section 627.739, Florida
140	Statutes, is amended to read:
141	627.739  Personal injury protection; optional limitations;
142	deductibles.--
143	(2)  Insurers shall offer to each applicant and to each
144	policyholder, upon the renewal of an existing policy,
145	deductibles, in amounts of $250, $500, and $1,000. The
146	deductible amount must be applied to 100 percent of the expenses
147	and losses described in s. 627.736. After the deductible is met,
148	each insured is eligible to receive up to $30,000 $10,000 in
149	total benefits as described in s. 627.736(1). However, this
150	subsection shall not be applied to reduce the amount of any
151	benefits received in accordance with s. 627.736(1)(c).
152	Section 5.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.