1 | A bill to be entitled |
2 | An act relating to motor vehicle insurance; amending s. |
3 | 624.155, F.S.; providing notice requirements for causes of |
4 | action against motor vehicle insurers; amending s. |
5 | 627.736, F.S.; providing for specified damages and |
6 | attorney's fees in cases involving certain unfair trade |
7 | practices by insurers; requiring investigations by the |
8 | Attorney General; providing for availability of additional |
9 | personal injury protection benefits for specified |
10 | emergency services and care; providing limitations on the |
11 | increased benefit; specifying application of certain |
12 | attorney fee provisions to certain disputes; prohibiting |
13 | application of a contingency risk multiplier applicable to |
14 | awards of attorney's fees in certain disputes; amending s. |
15 | 627.7401, F.S.; specifying additional information |
16 | requirements for notification of an insured's right to |
17 | receive personal injury protection benefits under the |
18 | Florida Motor Vehicle No-Fault Law relating to anti-fraud |
19 | rewards; creating s. 627.7441, F.S.; requiring certain |
20 | owners and registrants of motorcycles to maintain property |
21 | damage and medical payments benefits coverage; authorizing |
22 | alternative methods for providing the required security; |
23 | authorizing insurers to offer various levels of |
24 | deductibles for the medical payments coverage; requiring |
25 | premium discounts at different deductible levels; making |
26 | an owner or registrant personally responsible for damages |
27 | for failure to maintain the required security; requiring |
28 | the Financial Services Commission to adopt rules; amending |
29 | s. 316.068, F.S.; specifying additional information to be |
30 | included in a crash report; creating a rebuttable |
31 | presumption relating to the existence of passengers in |
32 | vehicles involved in a crash; amending s. 322.21, F.S.; |
33 | providing an additional fee for certain offenses relating |
34 | to insurance crimes; requiring the Department of Highway |
35 | Safety and Motor Vehicles to collect and deposit the fee |
36 | into the Highway Safety Operating Trust Fund; amending s. |
37 | 322.26, F.S.; providing an additional circumstance |
38 | relating to insurance crimes for mandatory revocation of a |
39 | person's driver's license; amending s. 817.234, F.S.; |
40 | prohibiting scheming to create documentation of a motor |
41 | vehicle crash that did not occur; providing a criminal |
42 | penalty; amending s. 817.2361, F.S.; providing that |
43 | creating, marketing, or presenting fraudulent proof of |
44 | motor vehicle insurance is a felony of the third degree; |
45 | amending section 19, ch. 2003, Laws of Florida; extending |
46 | the repeal of the Florida Motor Vehicle No-Fault Law; |
47 | providing an effective date. |
48 |
|
49 | Be It Enacted by the Legislature of the State of Florida: |
50 |
|
51 | Section 1. Subsection (10) is added to section 624.155, |
52 | Florida Statutes, to read: |
53 | 624.155 Civil remedy.-- |
54 | (10) Notwithstanding the provisions of subsection (8), |
55 | before a person may file any statutory or common law cause of |
56 | action arising out of a violation of a provision enumerated in |
57 | subsection (1) or subsection (2) or any other cause of action |
58 | alleging that a motor vehicle insurer did not act in good faith |
59 | or fairly and honestly toward an insured of the insurer or with |
60 | due regard for the insured's interests, the notice requirements |
61 | of paragraph (3)(a) must be met. These requirements apply to a |
62 | claim made by a first party or third party. |
63 | Section 2. Paragraph (f) of subsection (11) of section |
64 | 627.736, Florida Statutes, is amended, and subsections (14) and |
65 | (15) are added to that section, to read: |
66 | 627.736 Required personal injury protection benefits; |
67 | exclusions; priority; claims.-- |
68 | (11) DEMAND LETTER.-- |
69 | (f) Any insurer making a general business practice of not |
70 | paying valid claims until receipt of the notice required by this |
71 | subsection is engaging in an unfair trade practice under the |
72 | insurance code and shall be liable for damages in the amount of |
73 | three times the amount of benefits due or recovered resulting |
74 | from failing to pay the claims until receiving the demand letter |
75 | notices under this subsection. Any attorney who successfully |
76 | prosecutes an action based upon an insurer's general business |
77 | practice of not paying valid claims until receipt of the notice |
78 | required by this subsection may be awarded a lodestar multiplier |
79 | at the time that the court awards attorney's fees. The Attorney |
80 | General shall investigate and initiate actions for any violation |
81 | of this paragraph. In carrying out the duties and |
82 | responsibilities under this paragraph, the Attorney General may: |
83 | 1. Administer oaths and affirmations. |
84 | 2. Subpoena witnesses or materials. |
85 | 3. Collect evidence for possible use in civil or criminal |
86 | judicial proceedings. |
87 | 4. Request and receive the assistance of any state |
88 | attorney or law enforcement agency in the investigation and |
89 | prosecution of any violation of this paragraph. |
90 | 5. Seek any civil remedy provided by law. |
91 | (14) EMERGENCY SERVICES AND CARE.--In addition to the |
92 | medical benefits contained in paragraph (1)(a), additional |
93 | benefits of up to $10,000 are available for emergency services |
94 | and care as defined in s. 395.002(10) or inpatient services, |
95 | provided in a hospital and by physicians in an emergency |
96 | department or trauma center or inpatient departments when such |
97 | services are continually rendered as a result of an admission |
98 | through the emergency department or trauma center. The |
99 | additional benefit for emergency services and care must be |
100 | rendered to the named insured, the named insured's spouse, |
101 | parents by blood or marriage, stepparents and stepchildren, and |
102 | children, natural or adopted, who reside in the same household. |
103 | Only emergency services and care, necessary inpatient services |
104 | following admission through the emergency department or trauma |
105 | center, or transport and treatment rendered by an ambulance |
106 | provider licensed under part III of chapter 401 may be paid from |
107 | the additional benefit. The additional benefit may only be used |
108 | when such emergency services and care are initiated or rendered |
109 | within 48 hours after the motor vehicle accident. All such bills |
110 | shall be submitted on a UB 92 or a CMS 1500 form or their |
111 | approved successor forms. |
112 | (15) ATTORNEY'S FEES.--With respect to any dispute under |
113 | ss. 627.730-627.7405 between the insured and the insurer or |
114 | between an assignee of an insured's rights and the insurer, s. |
115 | 627.428 shall apply. A contingency risk multiplier may not be |
116 | applied to any attorney's fee award in any dispute under ss. |
117 | 627.730-627.7405, except as permitted in paragraph (11)(f). |
118 | Section 3. Subsection (1) of section 627.7401, Florida |
119 | Statutes, is amended to read: |
120 | 627.7401 Notification of insured's rights.-- |
121 | (1) The commission, by rule, shall adopt a form for the |
122 | notification of insureds of their right to receive personal |
123 | injury protection benefits under the Florida Motor Vehicle No- |
124 | Fault Law. Such notice shall: |
125 | (a) Include a description of the benefits provided by |
126 | personal injury protection, including, but not limited to, the |
127 | specific types of services for which medical benefits are paid, |
128 | disability benefits, death benefits, significant exclusions from |
129 | and limitations on personal injury protection benefits, when |
130 | payments are due, how benefits are coordinated with other |
131 | insurance benefits that the insured may have, penalties and |
132 | interest that may be imposed on insurers for failure to make |
133 | timely payments of benefits, and rights of parties regarding |
134 | disputes as to benefits. |
135 | (b) Notify the insured that: |
136 | 1. Pursuant to s. 626.9892, the Department of Financial |
137 | Services may pay rewards of up to $25,000 to persons providing |
138 | information leading to the arrest and conviction of persons |
139 | committing crimes investigated by the Division of Insurance |
140 | Fraud arising from violations of s. 440.105, s. 624.15, s. |
141 | 626.9541, s. 626.989, or s. 817.234. |
142 | 2. Solicitation of a person injured in a motor vehicle |
143 | crash for purposes of filing personal injury protection or tort |
144 | claims could be a violation of s. 817.234, s. 817.505, or the |
145 | rules regulating The Florida Bar and should be immediately |
146 | reported to the Division of Insurance Fraud if such conduct has |
147 | taken place. |
148 | Section 4. Section 627.7441, Florida Statutes, is created |
149 | to read: |
150 | 627.7441 Motorcycles; requirement for insurance |
151 | coverage.-- |
152 | (1)(a) Every owner or registrant of a motorcycle as |
153 | defined in s. 316.003 who is at least age 16 but younger than |
154 | age 21, must maintain security as follows: |
155 | 1. Property damage coverage as required by s. 324.022. |
156 | 2.a. An insurance policy delivered or issued for delivery |
157 | in this state by an authorized or eligible motor vehicle |
158 | liability insurer. The required insurance coverage shall provide |
159 | medical payments benefits of $10,000. Any policy of insurance |
160 | represented or sold as providing the security required under |
161 | this section shall be deemed to provide insurance for the |
162 | payment of the required benefits; or |
163 | b. Proof of financial responsibility pursuant to s. |
164 | 324.031(2), (3), or (4) and approved by the Department of |
165 | Highway Safety and Motor Vehicles as affording security |
166 | equivalent to that afforded by a policy of insurance or by self- |
167 | insuring as authorized by s. 324.171. The person filing such |
168 | security has all of the obligations and rights of an insurer. |
169 | (b) The named insured may elect a deductible to apply to |
170 | the named insured alone or to the named insured and dependent |
171 | relatives residing in the same household but may not elect a |
172 | deductible or modified coverage to apply to any other person |
173 | covered under the policy. |
174 | (c) Upon the renewal of an existing policy, an insurer |
175 | shall offer to each applicant and to each policyholder |
176 | deductibles in amounts of $250, $500, and $1,000. The deductible |
177 | amount must be applied to 100 percent of the expenses and losses |
178 | described in this section. After the deductible is met, each |
179 | insured is eligible to receive up to $10,000 in total benefits |
180 | as provided by the policy. |
181 | (d) A named insured may not be prevented from electing a |
182 | deductible under paragraph (b). Each election made by the named |
183 | insured under this section shall result in an appropriate |
184 | reduction of premium associated with that election. |
185 | (2) An owner of a motor vehicle with respect to which |
186 | security is required by this section who fails to have such |
187 | security in effect at the time of an accident is personally |
188 | liable for the payment of benefits under this section. With |
189 | respect to such benefits, such an owner has all of the rights |
190 | and obligations of an insurer. |
191 | (3) The Financial Services Commission shall adopt rules |
192 | pursuant to ss. 120.536(1) and 120.54 to implement this section. |
193 | Section 5. Subsection (2) of section 316.068, Florida |
194 | Statutes, is amended to read: |
195 | 316.068 Crash report forms.-- |
196 | (2) Every crash report required to be made in writing must |
197 | be made on the appropriate form approved by the department and |
198 | must contain all the information required in the report, |
199 | including therein: |
200 | (a) The date, time, and location of the crash. |
201 | (b) A description of the vehicles involved. |
202 | (c) The names and addresses of the parties involved. |
203 | (d) The names and addresses of all drivers and passengers |
204 | in the vehicles involved. |
205 | (e) The names and addresses of witnesses. |
206 | (f) The name, badge number, and law enforcement agency of |
207 | the officer investigating the crash. |
208 | (g) The names of the insurance companies for the |
209 | respective parties involved in the crash, |
210 |
|
211 | unless not available. The absence of information in such written |
212 | crash reports regarding the existence of passengers in the |
213 | vehicles involved in the crash constitutes a rebuttable |
214 | presumption that no such passengers were involved in the |
215 | reported crash. Notwithstanding any other provisions of this |
216 | section, a crash report produced electronically by a law |
217 | enforcement officer must, at a minimum, contain the same |
218 | information as is called for on those forms approved by the |
219 | department. |
220 | Section 6. Subsection (8) of section 322.21, Florida |
221 | Statutes, is amended to read: |
222 | 322.21 License fees; procedure for handling and collecting |
223 | fees.-- |
224 | (8) Any person who applies for reinstatement following the |
225 | suspension or revocation of the person's driver's license shall |
226 | pay a service fee of $35 following a suspension, and $60 |
227 | following a revocation, which is in addition to the fee for a |
228 | license. Any person who applies for reinstatement of a |
229 | commercial driver's license following the disqualification of |
230 | the person's privilege to operate a commercial motor vehicle |
231 | shall pay a service fee of $60, which is in addition to the fee |
232 | for a license. The department shall collect all of these fees at |
233 | the time of reinstatement. The department shall issue proper |
234 | receipts for such fees and shall promptly transmit all funds |
235 | received by it as follows: |
236 | (a) Of the $35 fee received from a licensee for |
237 | reinstatement following a suspension, the department shall |
238 | deposit $15 in the General Revenue Fund and $20 in the Highway |
239 | Safety Operating Trust Fund. |
240 | (b) Of the $60 fee received from a licensee for |
241 | reinstatement following a revocation or disqualification, the |
242 | department shall deposit $35 in the General Revenue Fund and $25 |
243 | in the Highway Safety Operating Trust Fund. |
244 |
|
245 | If the revocation or suspension of the driver's license was for |
246 | a violation of s. 316.193, or for refusal to submit to a lawful |
247 | breath, blood, or urine test, an additional fee of $115 must be |
248 | charged. However, only one $115 fee may be collected from one |
249 | person convicted of violations arising out of the same incident. |
250 | The department shall collect the $115 fee and deposit the fee |
251 | into the Highway Safety Operating Trust Fund at the time of |
252 | reinstatement of the person's driver's license, but the fee may |
253 | not be collected if the suspension or revocation is overturned. |
254 | If the revocation or suspension of the driver's license was for |
255 | a conviction for a violation of s. 817.234(8) or (9), an |
256 | additional fee of $180 is imposed for each such offense. The |
257 | department shall collect and deposit the additional fee into the |
258 | Highway Safety Operating Trust Fund at the time of reinstatement |
259 | of the person's driver's license. |
260 | Section 7. Subsection (9) is added to section 322.26, |
261 | Florida Statutes, to read: |
262 | 322.26 Mandatory revocation of license by department.--The |
263 | department shall forthwith revoke the license or driving |
264 | privilege of any person upon receiving a record of such person's |
265 | conviction of any of the following offenses: |
266 | (9) Conviction in any court having jurisdiction over |
267 | offenses committed under s. 817.234(8) or (9). |
268 | Section 8. Subsection (9) of section 817.234, Florida |
269 | Statutes, is amended to read: |
270 | 817.234 False and fraudulent insurance claims.-- |
271 | (9) A person may not organize, plan, or knowingly |
272 | participate in an intentional motor vehicle crash or a scheme to |
273 | create documentation of a motor vehicle crash that did not occur |
274 | for the purpose of making motor vehicle tort claims or claims |
275 | for personal injury protection benefits as required by s. |
276 | 627.736. Any person who violates this subsection commits a |
277 | felony of the second degree, punishable as provided in s. |
278 | 775.082, s. 775.083, or s. 775.084. A person who is convicted of |
279 | a violation of this subsection shall be sentenced to a minimum |
280 | term of imprisonment of 2 years. |
281 | Section 9. Section 817.2361, Florida Statutes, is amended |
282 | to read: |
283 | 817.2361 False or fraudulent proof of motor vehicle |
284 | insurance card.--Any person who, with intent to deceive any |
285 | other person, creates, markets, or presents a false or |
286 | fraudulent proof of motor vehicle insurance card commits a |
287 | felony of the third degree, punishable as provided in s. |
288 | 775.082, s. 775.083, or s. 775.084. |
289 | Section 10. Section 19 of chapter 2003-411, 2003 Laws of |
290 | Florida, is amended to read: |
291 | Section 19. (1) Effective October 1, 2012 2007, sections |
292 | 627.730, 627.731, 627.732, 627.733, 627.734, 627.736, 627.737, |
293 | 627.739, 627.7401, 627.7403, and 627.7405, Florida Statutes, |
294 | constituting the Florida Motor Vehicle No-Fault Law, are |
295 | repealed, unless reenacted by the Legislature during the 2011 |
296 | 2006 Regular Session and such reenactment becomes law to take |
297 | effect for policies issued or renewed on or after October 1, |
298 | 2011 2006. |
299 | (2) Insurers are authorized to provide, in all policies |
300 | issued or renewed after October 1, 2011 2006, that such policies |
301 | may terminate on or after October 1, 2012 2007, as provided in |
302 | subsection (1). |
303 | Section 11. This act shall take effect October 1, 2006. |