| 1 | The Commerce Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to motor vehicle insurance; creating s. |
| 7 | 627.7289, F.S.; authorizing certain insurance policies to |
| 8 | provide coverage for towing and storage costs relating to |
| 9 | recovery of stolen vehicles; requiring notice by the |
| 10 | insurer if such coverage is not included; specifying a |
| 11 | form; specifying absence of liability by insurers or |
| 12 | policyholders for towing and storage costs in excess of |
| 13 | certain amounts; specifying absence of liability by |
| 14 | insurers or registered owners for certain storage costs if |
| 15 | a wrecker fails to provide certain notice; providing an |
| 16 | effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Section 627.7289, Florida Statutes, is created |
| 21 | to read: |
| 22 | 627.7289 Comprehensive coverage; towing and storage |
| 23 | charges for recovered stolen vehicles.-- |
| 24 | (1) Any insurer issuing insurance policies in this state |
| 25 | covering motor vehicles may include in the comprehensive |
| 26 | coverage provisions of such policies coverage for the costs of |
| 27 | towing and storage in connection with the recovery of stolen |
| 28 | motor vehicles covered under such policies. |
| 29 | (2) If the comprehensive coverage provision of such a |
| 30 | policy does not include such coverage, the policy declaration |
| 31 | page must contain the following disclosure in 12-point bold |
| 32 | type: |
| 33 | YOUR POLICY DOES NOT INCLUDE COVERAGE FOR THE COSTS OF |
| 34 | TOWING AND STORAGE IN CONNECTION WITH THE RECOVERY OF |
| 35 | STOLEN MOTOR VEHICLES. |
| 36 | (3) Notwithstanding any other provision of law, when |
| 37 | coverage is provided under subsection (1), an insurer or |
| 38 | policyholder shall not be liable for any towing and storage |
| 39 | costs charged in connection with the recovery of a stolen motor |
| 40 | vehicle in excess of those rates charged to a law enforcement |
| 41 | agency as determined under s. 321.051(2). |
| 42 | (4) Notwithstanding any other provision of law, if the |
| 43 | owner or operator of a wrecker as defined in s. 713.78(1) fails |
| 44 | to provide notice as required under s. 713.78(4) to the |
| 45 | registered owner and insurance company insuring the recovered |
| 46 | vehicle, the registered owner and insurance company shall not be |
| 47 | liable for any storage costs for any time elapsed prior to |
| 48 | receipt of the required notice. |
| 49 | Section 2. This act shall take effect January 1, 2006. |