| 1 | Representative(s) Ross offered the following: |
| 2 |
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| 3 | Amendment to Amendment (194097) (with title amendment) |
| 4 | Between lines 1363 and 1364 and insert: |
| 5 | Section 9 Section 627.7441, Florida Statutes, is created to |
| 6 | read: |
| 7 | 627.7441 Motorcycles; medical payments coverage.-- |
| 8 | (1)(a) Beginning January 1, 2007, every owner or |
| 9 | registrant of a motorcycle as defined in s. 316.003, required to |
| 10 | be registered and licensed in this state, who is at least age 16 |
| 11 | but younger than age 21, shall maintain security by: |
| 12 | 1. Maintaining a policy of insurance from an authorized |
| 13 | insurer providing: |
| 14 | a. Property damage coverage as required by s. 324.022; and |
| 15 | b. Medical payments coverage providing a medical payments |
| 16 | benefit of $10,000 as set forth in this section; or |
| 17 | 2. Furnishing proof of financial responsibility pursuant |
| 18 | to s. 324.031(2), (3), or (4) and approved by the Department of |
| 19 | Highway Safety and Motor Vehicles as affording security |
| 20 | equivalent to that afforded by a policy of insurance as provided |
| 21 | in subparagraph 1. |
| 22 | (b) With respect to a policy of insurance, the named |
| 23 | insured may elect a deductible to apply to the named insured |
| 24 | alone or to the named insured and dependent relatives residing |
| 25 | in the same household but may not elect a deductible or modified |
| 26 | coverage to apply to any other person covered under the policy. |
| 27 | (2) An owner of a motorcycle with respect to which |
| 28 | security is required by this section who fails to have such |
| 29 | security in effect at the time of an accident is personally |
| 30 | liable for the payment of benefits under this section. With |
| 31 | respect to such benefits, such an owner has all of the rights |
| 32 | and obligations of an insurer. |
| 33 | (3) Each insurer authorized to write motor vehicle |
| 34 | insurance in this state shall make motorcycle coverage that |
| 35 | meets the security requirements of this section available |
| 36 | through normal marketing channels. Insurers may not require that |
| 37 | additional or collateral coverage be purchased in addition to |
| 38 | the required security. An insurer writing motor vehicle |
| 39 | liability coverage in this state that fails to comply with this |
| 40 | availability requirement as a general business practice is |
| 41 | deemed to have violated part IX of chapter 626, and such |
| 42 | violation shall constitute an unfair method of competition or an |
| 43 | unfair or deceptive act or practice involving the business of |
| 44 | insurance. Any insurer committing such violation is subject to |
| 45 | the penalties provided in that part and other penalties provided |
| 46 | elsewhere in the insurance code. |
| 47 | (4) Any policy of insurance represented or sold as |
| 48 | providing the security required under this section is deemed to |
| 49 | provide insurance for the payment of the required benefits. |
| 50 | (5) Upon the issuance of a new policy of insurance or the |
| 51 | renewal of an existing policy of insurance, an insurer shall |
| 52 | offer to each applicant or policyholder deductibles meeting the |
| 53 | requirements of this section in amounts of $250, $500, and |
| 54 | $1,000. The deductible amount must be applied to 100 percent of |
| 55 | the expenses and losses described in this section. After the |
| 56 | deductible is met, each insured is eligible to receive up to |
| 57 | $10,000 in total benefits as provided by the policy. Each |
| 58 | election made by the named insured under this subsection shall |
| 59 | result in an appropriate reduction of premium associated with |
| 60 | that election. |
| 61 | (6)(a) For the purposes of this section, the term "medical |
| 62 | payments coverage" means coverage of the usual and customary |
| 63 | charge for reasonable and necessary expenses incurred within 3 |
| 64 | years after the date of an accident involving the covered |
| 65 | motorcycle for medical and funeral services because of bodily |
| 66 | injury sustained by an injured person or death caused by an |
| 67 | accident arising out of the ownership, maintenance, or use of |
| 68 | the motorcycle or a trailer, sidecar, or other device attached |
| 69 | to the motorcycle. |
| 70 | (b) Subject to paragraph (c), covered persons include the |
| 71 | operator or any other person occupying the motorcycle or a |
| 72 | sidecar or trailer attached to the motorcycle. |
| 73 | (c) Covered persons also include any person at least age |
| 74 | 16 but younger than age 21 and, if coverage is available from |
| 75 | the insurer and if purchased by the owner or registrant of the |
| 76 | motorcycle, may include all persons over age 20. |
| 77 | (7) The Florida Automobile Joint Underwriting Association |
| 78 | shall make the coverage required under this section available to |
| 79 | any motorcycle owner or registrant who is in good faith entitled |
| 80 | to, but unable to, procure the security from an authorized |
| 81 | insurer. |
| 82 | (8) The commission may adopt rules pursuant to ss. |
| 83 | 120.536(1) and 120.54 necessary to implement this section. |
| 84 |
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| 85 |
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| 86 | ======= T I T L E A M E N D M E N T ======= |
| 87 | Remove line 1475 and insert: |
| 88 | interpleader creating s. 627.7441, F.S.; requiring certain |
| 89 | motorcycle owners and registrants to maintain specified |
| 90 | security; requiring medical payments and property damage |
| 91 | coverage; authorizing alternative types of security; |
| 92 | authorizing deductibles and applicability of the |
| 93 | deductibles; making an owner or registrant personally |
| 94 | responsible for failure to maintain the required security; |
| 95 | amending s. 316.068, F.S.; specifying |