HB 7263CS

CHAMBER ACTION




1The Commerce Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to motor vehicle insurance; amending s.
7316.646, F.S.; requiring motorcycle registrants to provide
8proof of security under specified circumstances; providing
9requirements for reinstatement of a motorcycle license and
10registration; providing for reinstatement fees; amending
11s. 320.02, F.S.; requiring proof of security for
12application for a motorcycle registration; correcting a
13cross-reference; creating s. 324.025, F.S.; requiring
14certain motorcycle owners and registrants to maintain
15specified security; requiring medical payments and
16property damage coverage; authorizing alternative types of
17security; authorizing deductibles and applicability of the
18deductibles; making an owner or registrant personally
19responsible for failure to maintain the required security;
20authorizing the Department of Highway Safety and Motor
21Vehicles to adopt rules; amending s. 627.06501, F.S.;
22specifying minimum and maximum motor vehicle insurance
23premium discounts available under certain circumstances;
24requiring the Department of Highway Safety and Motor
25Vehicles to require certain motor vehicle insurance
26policyholders to pass a written test for certain purposes;
27amending s. 627.736, F.S.; revising provisions relating to
28insurer requests for patient diagnostic and treatment
29records and information in certain disputes; providing for
30specified damages and attorney's fees in cases involving
31certain unfair trade practices by insurers; requiring
32investigations by the Office of Insurance Regulation;
33providing for availability of additional personal injury
34protection benefits for specified emergency services and
35care; providing limitations on the increased benefit;
36specifying application of certain attorney fee provisions
37to certain disputes; prohibiting application of a
38contingency risk multiplier applicable to awards of
39attorney's fees in certain disputes; amending s. 627.7401,
40F.S.; specifying additional information requirements for
41notification of an insured's right to receive personal
42injury protection benefits under the Florida Motor Vehicle
43No-Fault Law relating to anti-fraud rewards; creating s.
44627.7441, F.S.; requiring certain insurers to provide
45medical payments motorcycle insurance coverage; providing
46requirements and limitations; providing penalties;
47providing a definition; specifying covered persons;
48authorizing insurers to offer various levels of
49deductibles for the medical payments coverage; requiring
50the Florida Automobile Joint Underwriting Association to
51make coverage available to certain persons under certain
52circumstances; requiring the Financial Services Commission
53to adopt rules; amending s. 316.068, F.S.; specifying
54additional information to be included in a crash report;
55creating a rebuttable presumption relating to the
56existence of passengers in vehicles involved in a crash;
57amending s. 322.21, F.S.; providing an additional fee for
58certain offenses relating to insurance crimes; requiring
59the Department of Highway Safety and Motor Vehicles to
60collect and deposit the fee into the Highway Safety
61Operating Trust Fund; amending s. 322.26, F.S.; providing
62an additional circumstance relating to insurance crimes
63for mandatory revocation of a person's driver's license;
64amending s. 817.234, F.S.; prohibiting telephone business
65solicitation of persons involved in a motor vehicle
66accident; prohibiting scheming to create documentation of
67a motor vehicle crash that did not occur; providing a
68criminal penalty; amending s. 817.2361, F.S.; providing
69that creating, marketing, or presenting fraudulent proof
70of motor vehicle insurance is a felony of the third
71degree; providing criminal penalties; amending s. 19, ch.
722003-411, Laws of Florida; extending the repeal of the
73Florida Motor Vehicle No-Fault Law; providing an effective
74date.
75
76Be It Enacted by the Legislature of the State of Florida:
77
78     Section 1.  Section 316.646, Florida Statutes, is amended
79to read:
80     316.646  Security required; proof of security and display
81thereof; dismissal of cases.--
82     (1)  Any person required by s. 627.733 to maintain personal
83injury protection security on a motor vehicle or required to
84have motorcycle insurance coverage as required by s. 324.025
85shall have in his or her immediate possession at all times while
86operating such motor vehicle or motorcycle proper proof of
87maintenance of the security required by s. 627.733 or s.
88324.025, as applicable. Such proof shall be either a uniform
89proof-of-insurance card in a form prescribed by the department,
90a valid insurance policy, an insurance policy binder, a
91certificate of insurance, or such other proof as may be
92prescribed by the department.
93     (2)  If, upon a comparison of the vehicle registration
94certificate or other evidence of registration or ownership with
95the operator's driver's license or other evidence of personal
96identity, it appears to a law enforcement officer or other
97person authorized to issue traffic citations that the operator
98is also the owner or registrant of the vehicle, upon demand of
99the law enforcement officer or other person authorized to issue
100traffic citations the operator shall display proper proof of
101maintenance of security as specified by subsection (1).
102     (3)  Any person who violates this section is guilty of a
103nonmoving traffic infraction subject to the penalty provided in
104chapter 318 and shall be required to furnish proof of security
105as provided in this section. If any person charged with a
106violation of this section fails to furnish proof, at or before
107the scheduled court appearance date, that security was in effect
108at the time of the violation, the court may immediately suspend
109the registration and driver's license of such person. Such
110license and registration may only be reinstated only as provided
111in s. 627.733, except that licenses and registrations that have
112been suspended for failure to provide proof of insurance as
113required by s. 324.025 may be reinstated only as provided in
114subsection (4).
115     (4)  In order to reinstate a license or registration that
116has been suspended for failure to provide proof of the insurance
117required by s. 324.025, the owner must provide proof of
118compliance with the requirements of s. 324.025 and pay to the
119department a nonrefundable reinstatement fee of $150 for a first
120reinstatement. The reinstatement fee shall be $250 for a second
121reinstatement and $500 for each subsequent reinstatement during
122the 3-year period following a first reinstatement. Any person
123reinstating his or her insurance under this subsection shall
124also secure noncancelable coverage as described in s. 324.025
125and present to the appropriate person proof that the coverage is
126in force on a form adopted by the department and maintain such
127proof of coverage for 2 years. If a person does not have his or
128her license and registration reinstated a second time within the
1293-year period after his or her initial reinstatement, the
130reinstatement fee shall be $150 for a first reinstatement after
131that 3-year period. If a person's license and registration are
132suspended pursuant to this section or s. 316.646, only one
133reinstatement fee shall be paid to reinstate the license and the
134registration. All fees shall be collected by the department at
135the time of reinstatement. The department shall issue proper
136receipts for such fees and shall promptly deposit those fees in
137the Highway Safety Operating Trust Fund.
138     (5)(4)  Any person presenting proof of insurance as
139required in subsection (1) who knows that the insurance as
140represented by such proof of insurance is not currently in force
141is guilty of a misdemeanor of the first degree, punishable as
142provided in s. 775.082 or s. 775.083.
143     Section 2.  Paragraphs (a) and (d) of subsection (5) of
144section 320.02, Florida Statutes, are amended to read:
145     320.02  Registration required; application for
146registration; forms.--
147     (5)(a)  Proof that personal injury protection benefits have
148been purchased when required under s. 627.733, that property
149damage liability coverage has been purchased as required under
150s. 324.022, and that combined bodily liability insurance and
151property damage liability insurance have been purchased when
152required under s. 627.7415 shall be provided in the manner
153prescribed by law by the applicant at the time of application
154for registration of any motor vehicle owned as defined in s.
155627.732. Proof that insurance coverage has been purchased as
156required by s. 324.025 shall be provided in the manner
157prescribed by law by the applicant at the time of application
158for registration for a motorcycle as defined in s. 316.003. The
159issuing agent shall refuse to issue registration if such proof
160of purchase is not provided. Insurers shall furnish uniform
161proof-of-purchase cards in a form prescribed by the department
162and shall include the name of the insured's insurance company,
163the coverage identification number, the make, year, and vehicle
164identification number of the vehicle insured. The card shall
165contain a statement notifying the applicant of the penalty
166specified in s. 316.646(5)(4). The card or insurance policy,
167insurance policy binder, or certificate of insurance or a
168photocopy of any of these; an affidavit containing the name of
169the insured's insurance company, the insured's policy number,
170and the make and year of the vehicle insured; or such other
171proof as may be prescribed by the department shall constitute
172sufficient proof of purchase. If an affidavit is provided as
173proof, it shall be in substantially the following form:
174
175Under penalty of perjury, I   (Name of insured)   do hereby
176certify that I have   (Personal Injury Protection, Property
177Damage Liability, and, when required, Bodily Injury Liability)  
178Insurance currently in effect with   (Name of insurance company)  
179under   (policy number)   covering   (make, year, and vehicle
180identification number of vehicle)  .   (Signature of Insured)
181
182Such affidavit shall include the following warning:
183
184WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
185REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
186LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
187SUBJECT TO PROSECUTION.
188
189When an application is made through a licensed motor vehicle
190dealer as required in s. 319.23, the original or a photostatic
191copy of such card, insurance policy, insurance policy binder, or
192certificate of insurance or the original affidavit from the
193insured shall be forwarded by the dealer to the tax collector of
194the county or the department of Highway Safety and Motor
195Vehicles for processing. By executing the aforesaid affidavit,
196no licensed motor vehicle dealer will be liable in damages for
197any inadequacy, insufficiency, or falsification of any statement
198contained therein. A card shall also indicate the existence of
199any bodily injury liability insurance voluntarily purchased.
200     (d)  The verifying of proof of personal injury protection
201insurance, proof of combined bodily liability insurance and
202property damage liability insurance, or proof of financial
203responsibility insurance and the issuance or failure to issue
204the motor vehicle registration under the provisions of this
205chapter may not be construed in any court as a warranty of the
206reliability or accuracy of the evidence of such proof. Neither
207the department nor any tax collector is liable in damages for
208any inadequacy, insufficiency, falsification, or unauthorized
209modification of any item of the proof of personal injury
210protection insurance, proof of combined bodily liability
211insurance and property damage liability insurance, or proof of
212financial responsibility insurance or motorcycle insurance
213required by s. 324.025 either prior to, during, or subsequent to
214the verification of the proof. The issuance of a motor vehicle
215registration does not constitute prima facie evidence or a
216presumption of insurance coverage.
217     Section 3.  Section 324.025, Florida Statutes, is created
218to read:
219     324.025  Motorcycles; requirement for insurance coverage.--
220     (1)(a)  Every owner or registrant of a motorcycle as
221defined in s. 316.003, required to be registered and licensed in
222this state, who is at least age 16 but younger than age 21,
223shall maintain security by:
224     1.  Maintaining a policy of insurance from an authorized
225insurer providing:
226     a.  Property damage coverage as required by s. 324.022; and
227     b.  Medical payments coverage providing a medical payments
228benefit of $10,000 as set forth in s. 627.7441; or
229     2.  Furnishing proof of financial responsibility pursuant
230to s. 324.031(2), (3), or (4) and approved by the department as
231affording security equivalent to that afforded by a policy of
232insurance as provided in subparagraph 1.
233     (b)  With respect to a policy of insurance, the named
234insured may elect a deductible as specified in s. 627.7441 to
235apply to the named insured alone or to the named insured and
236dependent relatives residing in the same household but may not
237elect a deductible or modified coverage to apply to any other
238person covered under the policy.
239     (2)  An owner of a motorcycle with respect to which
240security is required by this section who fails to have such
241security in effect at the time of an accident is personally
242liable for the payment of benefits under this section. With
243respect to such benefits, such an owner has all of the rights
244and obligations of an insurer.
245     (3)  The department may adopt rules pursuant to ss.
246120.536(1) and 120.54 necessary to implement this section.
247     Section 4.  Subsections (1) and (3) of section 627.06501,
248Florida Statutes, are amended to read:
249     627.06501  Insurance discounts for certain persons
250completing driver improvement course.--
251     (1)  Any rate, rating schedule, or rating manual for the
252liability, personal injury protection, and collision coverages
253of a motor vehicle insurance policy filed with the office may
254provide for a minimum of 2 percent, not to exceed 15 percent,
255reduction in premiums an appropriate reduction in premium
256charges as to such coverages when the principal operator on the
257covered vehicle has successfully completed a driver improvement
258course approved and certified by the Department of Highway
259Safety and Motor Vehicles which is effective in reducing crash
260or violation rates, or both, as determined pursuant to s.
261318.1451(5). Any discount, not to exceed 10 percent, used by an
262insurer is presumed to be appropriate unless credible data
263demonstrates otherwise.
264     (3)  The organization offering the course shall, upon a
265person's successful completion of the course, issue the person a
266certificate that the person may use to qualify for the premium
267discount authorized by this section. The Department of Highway
268Safety and Motor Vehicles shall require each person completing
269the course for the purposes of this section to pass a written
270test given by the organization to evaluate the person's
271knowledge of the content of the course.
272     Section 5.  Subsection (6) and paragraph (f) of subsection
273(11) of section 627.736, Florida Statutes, are amended, and
274subsections (14) and (15) are added to that section, to read:
275     627.736  Required personal injury protection benefits;
276exclusions; priority; claims.--
277     (6)  REQUEST FOR PATIENT DIAGNOSTIC AND TREATMENT RECORDS
278AND INFORMATION DISCOVERY OF FACTS ABOUT AN INJURED PERSON;
279DISPUTES.--
280     (a)  Every employer shall, if a request is made by an
281insurer providing personal injury protection benefits under ss.
282627.730-627.7405 against whom a claim has been made, furnish
283forthwith, in a form approved by the office, a sworn statement
284of the earnings, since the time of the bodily injury and for a
285reasonable period before the injury, of the person upon whose
286injury the claim is based.
287     (b)  Every physician, hospital, clinic, or other medical
288institution providing, before or after bodily injury upon which
289a claim for personal injury protection insurance benefits is
290based, any products, services, or accommodations in relation to
291that or any other injury, or in relation to a condition claimed
292to be connected with that or any other injury, shall, if
293requested to do so by the insurer against whom the claim has
294been made, furnish forthwith a written report of the history,
295condition, treatment, dates, and costs of such treatment of the
296injured person and why the items identified by the insurer were
297reasonable in amount and medically necessary, together with a
298sworn statement that the treatment or services rendered were
299reasonable and necessary with respect to the bodily injury
300sustained and identifying which portion of the expenses for such
301treatment or services was incurred as a result of such bodily
302injury, and produce forthwith, and permit the inspection and
303copying of, his or her or its records regarding such history,
304condition, treatment, dates, and costs of treatment; provided
305that this shall not limit the introduction of evidence at trial.
306Such sworn statement shall read as follows: "Under penalty of
307perjury, I declare that I have read the foregoing, and the facts
308alleged are true, to the best of my knowledge and belief." No
309cause of action for violation of the physician-patient privilege
310or invasion of the right of privacy shall be permitted against
311any physician, hospital, clinic, or other medical institution
312complying with the provisions of this section. The person
313requesting such records and such sworn statement shall pay all
314reasonable costs connected therewith. If an insurer makes a
315written request for documentation or information under this
316paragraph within 30 days after having received notice of the
317amount of a covered loss under paragraph (4)(a), the amount or
318the partial amount which is the subject of the insurer's inquiry
319shall become overdue if the insurer does not pay in accordance
320with paragraph (4)(b) or within 10 days after the insurer's
321receipt of the requested documentation or information, whichever
322occurs later. For purposes of this paragraph, the term "receipt"
323includes, but is not limited to, inspection and copying pursuant
324to this paragraph. Any insurer that requests documentation or
325information pertaining to reasonableness of charges or medical
326necessity under this paragraph without a reasonable basis for
327such requests as a general business practice is engaging in an
328unfair trade practice under the insurance code.
329     (c)  In the event of any dispute regarding an insurer's
330right to request patient diagnostic or treatment information
331discovery of facts under this section, the insurer may petition
332a court of competent jurisdiction to enter an order permitting
333such request for patient diagnostic or treatment information
334discovery. The order may be made only on motion for good cause
335shown and upon notice to all persons having an interest, and it
336shall specify the time, place, manner, conditions, and scope of
337the request for patient diagnostic or treatment information
338discovery. Such court may, in order to protect against
339annoyance, embarrassment, or oppression, as justice requires,
340enter an order refusing the request for patient diagnostic or
341treatment information discovery or specifying conditions of the
342request for patient diagnostic or treatment information
343discovery and may order payments of costs and expenses of the
344proceeding, including reasonable fees for the appearance of
345attorneys at the proceedings, as justice requires.
346     (d)  The injured person shall be furnished, upon request, a
347copy of all information obtained by the insurer under the
348provisions of this section, and shall pay a reasonable charge,
349if required by the insurer.
350     (e)  Notice to an insurer of the existence of a claim shall
351not be unreasonably withheld by an insured.
352     (11)  DEMAND LETTER.--
353     (f)  Any insurer making a general business practice of not
354paying valid claims until receipt of the notice required by this
355subsection is engaging in an unfair trade practice under the
356insurance code and shall be liable for damages in the amount of
357three times the amount of benefits due or recovered resulting
358from failing to pay the claims until receiving the demand letter
359notices under this subsection. Any attorney who successfully
360prosecutes an action based upon an insurer's general business
361practice of not paying valid claims until receipt of the notice
362required by this subsection may be awarded a lodestar multiplier
363at the time that the court awards attorney's fees. The office
364shall investigate and initiate actions for any violation of this
365paragraph. The office may:
366     1.  Administer oaths and affirmations.
367     2.  Subpoena witnesses and documents.
368     3.  Collect evidence for possible use in civil, criminal,
369or administrative proceedings.
370     4.  Refer findings to appropriate criminal justice agencies
371for prosecution.
372     5.  Seek all other civil remedies provided by law.
373     (14)  EMERGENCY SERVICES AND CARE.--In addition to the
374medical benefits contained in paragraph (1)(a), additional
375benefits of up to $10,000 are available for ambulance transport
376and treatment, emergency services and care as defined in s.
377395.002(10), or inpatient services, provided in a hospital and
378by physicians in an emergency department or trauma center or
379inpatient departments when such services are continually
380rendered as a result of an admission through the emergency
381department or trauma center. The additional benefit for
382emergency services and care must be rendered to the named
383insured, the named insured's spouse, parents by blood or
384marriage, stepparents and stepchildren, and children, natural or
385adopted, who reside in the same household. Only emergency
386services and care, necessary inpatient services following
387admission through the emergency department or trauma center, or
388transport and treatment rendered by an ambulance provider
389licensed under part III of chapter 401 may be paid from the
390additional benefit. The additional benefit may only be used when
391such emergency services and care are initiated or rendered
392within 48 hours after the motor vehicle accident. All such bills
393shall be submitted on a UB 92 or a CMS 1500 form or their
394approved successor forms.
395     (15)  ATTORNEY'S FEES.--With respect to any dispute under
396ss. 627.730-627.7405 between the insured and the insurer or
397between an assignee of an insured's rights and the insurer, s.
398627.428 shall apply. A contingency risk multiplier may not be
399applied to any attorney's fee award in any dispute under ss.
400627.730-627.7405, except as permitted in paragraph (11)(f).
401     Section 6.  Subsection (1) of section 627.7401, Florida
402Statutes, is amended to read:
403     627.7401  Notification of insured's rights.--
404     (1)  The commission, by rule, shall adopt a form for the
405notification of insureds of their right to receive personal
406injury protection benefits under the Florida Motor Vehicle No-
407Fault Law. Such notice shall:
408     (a)  Include a description of the benefits provided by
409personal injury protection, including, but not limited to, the
410specific types of services for which medical benefits are paid,
411disability benefits, death benefits, significant exclusions from
412and limitations on personal injury protection benefits, when
413payments are due, how benefits are coordinated with other
414insurance benefits that the insured may have, penalties and
415interest that may be imposed on insurers for failure to make
416timely payments of benefits, and rights of parties regarding
417disputes as to benefits.
418     (b)  Notify the insured that:
419     1.  Pursuant to s. 626.9892, the department may pay rewards
420of up to $25,000 to persons providing information leading to the
421arrest and conviction of persons committing crimes investigated
422by the Division of Insurance Fraud arising from violations of s.
423440.105, s. 624.15, s. 626.9541, s. 626.989, or s. 817.234.
424     2.  Solicitation of a person injured in a motor vehicle
425crash for purposes of filing personal injury protection or tort
426claims could be a violation of s. 817.234, s. 817.505, or the
427rules regulating The Florida Bar and should be immediately
428reported to the Division of Insurance Fraud if such conduct has
429taken place.
430     Section 7.  Section 627.7441, Florida Statutes, is created
431to read:
432     627.7441  Motorcycles; medical payments coverage.--
433     (1)  Each insurer authorized to write motor vehicle
434insurance in this state shall make motorcycle coverage that
435meets the security requirements of s. 324.025 available through
436normal marketing channels. Insurers may not require that
437additional or collateral coverage be purchased in addition to
438the required security. An insurer writing motor vehicle
439liability coverage in this state that fails to comply with this
440availability requirement as a general business practice is
441deemed to have violated part IX of chapter 626, and such
442violation shall constitute an unfair method of competition or an
443unfair or deceptive act or practice involving the business of
444insurance. Any insurer committing such violation is subject to
445the penalties provided in that part and other penalties provided
446elsewhere in the insurance code.
447     (2)  Any policy of insurance represented or sold as
448providing the security required under this section is deemed to
449provide insurance for the payment of the required benefits.
450     (3)  Upon the issuance of a new policy of insurance or the
451renewal of an existing policy of insurance, an insurer shall
452offer to each applicant or policyholder deductibles meeting the
453requirements of s. 324.025 in amounts of $250, $500, and $1,000.
454The deductible amount must be applied to 100 percent of the
455expenses and losses described in this section. After the
456deductible is met, each insured is eligible to receive up to
457$10,000 in total benefits as provided by the policy. Each
458election made by the named insured under this subsection shall
459result in an appropriate reduction of premium associated with
460that election.
461     (4)(a)  For the purposes of this section, the term "medical
462payments coverage" means coverage of the usual and customary
463charge for reasonable and necessary expenses incurred within 3
464years after the date of an accident involving the covered
465motorcycle for medical and funeral services because of bodily
466injury sustained by an injured person or death caused by an
467accident arising out of the ownership, maintenance, or use of
468the motorcycle or a trailer, sidecar, or other device attached
469to the motorcycle.
470     (b)  Subject to paragraph (c), covered persons include the
471operator or any other person occupying the motorcycle or a
472sidecar or trailer attached to the motorcycle.
473     (c)  Covered persons also include any person at least age
47416 but younger than age 21 and may, if coverage is available
475from the insurer and if purchased by the owner or registrant of
476the motorcycle, include all persons over the age of 20.
477     (5)  The Florida Automobile Joint Underwriting Association
478shall make the coverage required under this section available to
479any motorcycle owner or registrant who is in good faith entitled
480to, but unable to, procure the security from an authorized
481insurer.
482     (6)  The commission may adopt rules pursuant to ss.
483120.536(1) and 120.54 necessary to implement this section.
484     Section 8.  Subsection (2) of section 316.068, Florida
485Statutes, is amended to read:
486     316.068  Crash report forms.--
487     (2)  Every crash report required to be made in writing must
488be made on the appropriate form approved by the department and
489must contain all the information required in the report,
490including therein:
491     (a)  The date, time, and location of the crash.
492     (b)  A description of the vehicles involved.
493     (c)  The names and addresses of the parties involved.
494     (d)  The names and addresses of all drivers and passengers
495in the vehicles involved.
496     (e)  The names and addresses of witnesses.
497     (f)  The name, badge number, and law enforcement agency of
498the officer investigating the crash.
499     (g)  The names of the insurance companies for the
500respective parties involved in the crash,
501
502unless not available. The absence of information in such written
503crash reports regarding the existence of passengers in the
504vehicles involved in the crash constitutes a rebuttable
505presumption that no such passengers were involved in the
506reported crash. Notwithstanding any other provisions of this
507section, a crash report produced electronically by a law
508enforcement officer must, at a minimum, contain the same
509information as is called for on those forms approved by the
510department.
511     Section 9.  Subsection (8) of section 322.21, Florida
512Statutes, is amended to read:
513     322.21  License fees; procedure for handling and collecting
514fees.--
515     (8)  Any person who applies for reinstatement following the
516suspension or revocation of the person's driver's license shall
517pay a service fee of $35 following a suspension, and $60
518following a revocation, which is in addition to the fee for a
519license. Any person who applies for reinstatement of a
520commercial driver's license following the disqualification of
521the person's privilege to operate a commercial motor vehicle
522shall pay a service fee of $60, which is in addition to the fee
523for a license. The department shall collect all of these fees at
524the time of reinstatement. The department shall issue proper
525receipts for such fees and shall promptly transmit all funds
526received by it as follows:
527     (a)  Of the $35 fee received from a licensee for
528reinstatement following a suspension, the department shall
529deposit $15 in the General Revenue Fund and $20 in the Highway
530Safety Operating Trust Fund.
531     (b)  Of the $60 fee received from a licensee for
532reinstatement following a revocation or disqualification, the
533department shall deposit $35 in the General Revenue Fund and $25
534in the Highway Safety Operating Trust Fund.
535
536If the revocation or suspension of the driver's license was for
537a violation of s. 316.193, or for refusal to submit to a lawful
538breath, blood, or urine test, an additional fee of $115 must be
539charged. However, only one $115 fee may be collected from one
540person convicted of violations arising out of the same incident.
541The department shall collect the $115 fee and deposit the fee
542into the Highway Safety Operating Trust Fund at the time of
543reinstatement of the person's driver's license, but the fee may
544not be collected if the suspension or revocation is overturned.
545If the revocation or suspension of the driver's license was for
546a conviction for a violation of s. 817.234(8) or (9), an
547additional fee of $180 is imposed for each such offense. The
548department shall collect and deposit the additional fee into the
549Highway Safety Operating Trust Fund at the time of reinstatement
550of the person's driver's license.
551     Section 10.  Subsection (9) is added to section 322.26,
552Florida Statutes, to read:
553     322.26  Mandatory revocation of license by department.--The
554department shall forthwith revoke the license or driving
555privilege of any person upon receiving a record of such person's
556conviction of any of the following offenses:
557     (9)  Conviction in any court having jurisdiction over
558offenses committed under s. 817.234(8) or (9).
559     Section 11.  Paragraph (c) of subsection (8) and subsection
560(9) of section 817.234, Florida Statutes, are amended to read:
561     817.234  False and fraudulent insurance claims.--
562     (8)
563     (c)  A lawyer, health care practitioner as defined in s.
564456.001, or owner or medical director of a clinic required to be
565licensed pursuant to s. 400.9905 may not, at any time after 60
566days have elapsed from the occurrence of a motor vehicle
567accident, solicit or cause to be solicited any business from a
568person involved in a motor vehicle accident by means of in
569person or telephone contact at the person's residence or office
570or at any other telephone number, for the purpose of making
571motor vehicle tort claims or claims for personal injury
572protection benefits required by s. 627.736. Any person who
573violates this paragraph commits a felony of the third degree,
574punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
575     (9)  A person may not organize, plan, or knowingly
576participate in an intentional motor vehicle crash or a scheme to
577create documentation of a motor vehicle crash that did not occur
578for the purpose of making motor vehicle tort claims or claims
579for personal injury protection benefits as required by s.
580627.736. Any person who violates this subsection commits a
581felony of the second degree, punishable as provided in s.
582775.082, s. 775.083, or s. 775.084. A person who is convicted of
583a violation of this subsection shall be sentenced to a minimum
584term of imprisonment of 2 years.
585     Section 12.  Section 817.2361, Florida Statutes, is amended
586to read:
587     817.2361  False or fraudulent proof of motor vehicle
588insurance card.--Any person who, with intent to deceive any
589other person, creates, markets, or presents a false or
590fraudulent proof of motor vehicle insurance card commits a
591felony of the third degree, punishable as provided in s.
592775.082, s. 775.083, or s. 775.084.
593     Section 13.  Section 19 of chapter 2003-411, Laws of
594Florida, is amended to read:
595     Section 19.  (1)  Effective October 1, 2012 2007, sections
596627.730, 627.731, 627.732, 627.733, 627.734, 627.736, 627.737,
597627.739, 627.7401, 627.7403, and 627.7405, Florida Statutes,
598constituting the Florida Motor Vehicle No-Fault Law, are
599repealed, unless reenacted by the Legislature during the 2011
6002006 Regular Session and such reenactment becomes law to take
601effect for policies issued or renewed on or after October 1,
6022011 2006.
603     (2)  Insurers are authorized to provide, in all policies
604issued or renewed after October 1, 2011 2006, that such policies
605may terminate on or after October 1, 2012 2007, as provided in
606subsection (1).
607     Section 14.  This act shall take effect October 1, 2006.


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