HB 1263

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

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