| 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 |
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| 49 | Be It Enacted by the Legislature of the State of Florida: |
| 50 |
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| 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 |
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| 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. |