1 | The Commerce Council recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to motor vehicle insurance; amending s. |
7 | 316.646, F.S.; requiring motorcycle registrants to provide |
8 | proof of security under specified circumstances; providing |
9 | requirements for reinstatement of a motorcycle license and |
10 | registration; providing for reinstatement fees; amending |
11 | s. 320.02, F.S.; requiring proof of security for |
12 | application for a motorcycle registration; correcting a |
13 | cross-reference; creating s. 324.025, F.S.; requiring |
14 | certain motorcycle owners and registrants to maintain |
15 | specified security; requiring medical payments and |
16 | property damage coverage; authorizing alternative types of |
17 | security; authorizing deductibles and applicability of the |
18 | deductibles; making an owner or registrant personally |
19 | responsible for failure to maintain the required security; |
20 | authorizing the Department of Highway Safety and Motor |
21 | Vehicles to adopt rules; amending s. 627.06501, F.S.; |
22 | specifying minimum and maximum motor vehicle insurance |
23 | premium discounts available under certain circumstances; |
24 | requiring the Department of Highway Safety and Motor |
25 | Vehicles to require certain motor vehicle insurance |
26 | policyholders to pass a written test for certain purposes; |
27 | amending s. 627.736, F.S.; revising provisions relating to |
28 | insurer requests for patient diagnostic and treatment |
29 | records and information in certain disputes; providing for |
30 | specified damages and attorney's fees in cases involving |
31 | certain unfair trade practices by insurers; requiring |
32 | investigations by the Office of Insurance Regulation; |
33 | providing for availability of additional personal injury |
34 | protection benefits for specified emergency services and |
35 | care; providing limitations on the increased benefit; |
36 | specifying application of certain attorney fee provisions |
37 | to certain disputes; prohibiting application of a |
38 | contingency risk multiplier applicable to awards of |
39 | attorney's fees in certain disputes; amending s. 627.7401, |
40 | F.S.; specifying additional information requirements for |
41 | notification of an insured's right to receive personal |
42 | injury protection benefits under the Florida Motor Vehicle |
43 | No-Fault Law relating to anti-fraud rewards; creating s. |
44 | 627.7441, F.S.; requiring certain insurers to provide |
45 | medical payments motorcycle insurance coverage; providing |
46 | requirements and limitations; providing penalties; |
47 | providing a definition; specifying covered persons; |
48 | authorizing insurers to offer various levels of |
49 | deductibles for the medical payments coverage; requiring |
50 | the Florida Automobile Joint Underwriting Association to |
51 | make coverage available to certain persons under certain |
52 | circumstances; requiring the Financial Services Commission |
53 | to adopt rules; amending s. 316.068, F.S.; specifying |
54 | additional information to be included in a crash report; |
55 | creating a rebuttable presumption relating to the |
56 | existence of passengers in vehicles involved in a crash; |
57 | amending s. 322.21, F.S.; providing an additional fee for |
58 | certain offenses relating to insurance crimes; requiring |
59 | the Department of Highway Safety and Motor Vehicles to |
60 | collect and deposit the fee into the Highway Safety |
61 | Operating Trust Fund; amending s. 322.26, F.S.; providing |
62 | an additional circumstance relating to insurance crimes |
63 | for mandatory revocation of a person's driver's license; |
64 | amending s. 817.234, F.S.; prohibiting telephone business |
65 | solicitation of persons involved in a motor vehicle |
66 | accident; prohibiting scheming to create documentation of |
67 | a motor vehicle crash that did not occur; providing a |
68 | criminal penalty; amending s. 817.2361, F.S.; providing |
69 | that creating, marketing, or presenting fraudulent proof |
70 | of motor vehicle insurance is a felony of the third |
71 | degree; providing criminal penalties; amending s. 19, ch. |
72 | 2003-411, Laws of Florida; extending the repeal of the |
73 | Florida Motor Vehicle No-Fault Law; providing an effective |
74 | date. |
75 |
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76 | Be It Enacted by the Legislature of the State of Florida: |
77 |
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78 | Section 1. Section 316.646, Florida Statutes, is amended |
79 | to read: |
80 | 316.646 Security required; proof of security and display |
81 | thereof; dismissal of cases.-- |
82 | (1) Any person required by s. 627.733 to maintain personal |
83 | injury protection security on a motor vehicle or required to |
84 | have motorcycle insurance coverage as required by s. 324.025 |
85 | shall have in his or her immediate possession at all times while |
86 | operating such motor vehicle or motorcycle proper proof of |
87 | maintenance of the security required by s. 627.733 or s. |
88 | 324.025, as applicable. Such proof shall be either a uniform |
89 | proof-of-insurance card in a form prescribed by the department, |
90 | a valid insurance policy, an insurance policy binder, a |
91 | certificate of insurance, or such other proof as may be |
92 | prescribed by the department. |
93 | (2) If, upon a comparison of the vehicle registration |
94 | certificate or other evidence of registration or ownership with |
95 | the operator's driver's license or other evidence of personal |
96 | identity, it appears to a law enforcement officer or other |
97 | person authorized to issue traffic citations that the operator |
98 | is also the owner or registrant of the vehicle, upon demand of |
99 | the law enforcement officer or other person authorized to issue |
100 | traffic citations the operator shall display proper proof of |
101 | maintenance of security as specified by subsection (1). |
102 | (3) Any person who violates this section is guilty of a |
103 | nonmoving traffic infraction subject to the penalty provided in |
104 | chapter 318 and shall be required to furnish proof of security |
105 | as provided in this section. If any person charged with a |
106 | violation of this section fails to furnish proof, at or before |
107 | the scheduled court appearance date, that security was in effect |
108 | at the time of the violation, the court may immediately suspend |
109 | the registration and driver's license of such person. Such |
110 | license and registration may only be reinstated only as provided |
111 | in s. 627.733, except that licenses and registrations that have |
112 | been suspended for failure to provide proof of insurance as |
113 | required by s. 324.025 may be reinstated only as provided in |
114 | subsection (4). |
115 | (4) In order to reinstate a license or registration that |
116 | has been suspended for failure to provide proof of the insurance |
117 | required by s. 324.025, the owner must provide proof of |
118 | compliance with the requirements of s. 324.025 and pay to the |
119 | department a nonrefundable reinstatement fee of $150 for a first |
120 | reinstatement. The reinstatement fee shall be $250 for a second |
121 | reinstatement and $500 for each subsequent reinstatement during |
122 | the 3-year period following a first reinstatement. Any person |
123 | reinstating his or her insurance under this subsection shall |
124 | also secure noncancelable coverage as described in s. 324.025 |
125 | and present to the appropriate person proof that the coverage is |
126 | in force on a form adopted by the department and maintain such |
127 | proof of coverage for 2 years. If a person does not have his or |
128 | her license and registration reinstated a second time within the |
129 | 3-year period after his or her initial reinstatement, the |
130 | reinstatement fee shall be $150 for a first reinstatement after |
131 | that 3-year period. If a person's license and registration are |
132 | suspended pursuant to this section or s. 316.646, only one |
133 | reinstatement fee shall be paid to reinstate the license and the |
134 | registration. All fees shall be collected by the department at |
135 | the time of reinstatement. The department shall issue proper |
136 | receipts for such fees and shall promptly deposit those fees in |
137 | the Highway Safety Operating Trust Fund. |
138 | (5)(4) Any person presenting proof of insurance as |
139 | required in subsection (1) who knows that the insurance as |
140 | represented by such proof of insurance is not currently in force |
141 | is guilty of a misdemeanor of the first degree, punishable as |
142 | provided in s. 775.082 or s. 775.083. |
143 | Section 2. Paragraphs (a) and (d) of subsection (5) of |
144 | section 320.02, Florida Statutes, are amended to read: |
145 | 320.02 Registration required; application for |
146 | registration; forms.-- |
147 | (5)(a) Proof that personal injury protection benefits have |
148 | been purchased when required under s. 627.733, that property |
149 | damage liability coverage has been purchased as required under |
150 | s. 324.022, and that combined bodily liability insurance and |
151 | property damage liability insurance have been purchased when |
152 | required under s. 627.7415 shall be provided in the manner |
153 | prescribed by law by the applicant at the time of application |
154 | for registration of any motor vehicle owned as defined in s. |
155 | 627.732. Proof that insurance coverage has been purchased as |
156 | required by s. 324.025 shall be provided in the manner |
157 | prescribed by law by the applicant at the time of application |
158 | for registration for a motorcycle as defined in s. 316.003. The |
159 | issuing agent shall refuse to issue registration if such proof |
160 | of purchase is not provided. Insurers shall furnish uniform |
161 | proof-of-purchase cards in a form prescribed by the department |
162 | and shall include the name of the insured's insurance company, |
163 | the coverage identification number, the make, year, and vehicle |
164 | identification number of the vehicle insured. The card shall |
165 | contain a statement notifying the applicant of the penalty |
166 | specified in s. 316.646(5)(4). The card or insurance policy, |
167 | insurance policy binder, or certificate of insurance or a |
168 | photocopy of any of these; an affidavit containing the name of |
169 | the insured's insurance company, the insured's policy number, |
170 | and the make and year of the vehicle insured; or such other |
171 | proof as may be prescribed by the department shall constitute |
172 | sufficient proof of purchase. If an affidavit is provided as |
173 | proof, it shall be in substantially the following form: |
174 |
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175 | Under penalty of perjury, I (Name of insured) do hereby |
176 | certify that I have (Personal Injury Protection, Property |
177 | Damage Liability, and, when required, Bodily Injury Liability) |
178 | Insurance currently in effect with (Name of insurance company) |
179 | under (policy number) covering (make, year, and vehicle |
180 | identification number of vehicle) . (Signature of Insured) |
181 |
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182 | Such affidavit shall include the following warning: |
183 |
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184 | WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE |
185 | REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA |
186 | LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS |
187 | SUBJECT TO PROSECUTION. |
188 |
|
189 | When an application is made through a licensed motor vehicle |
190 | dealer as required in s. 319.23, the original or a photostatic |
191 | copy of such card, insurance policy, insurance policy binder, or |
192 | certificate of insurance or the original affidavit from the |
193 | insured shall be forwarded by the dealer to the tax collector of |
194 | the county or the department of Highway Safety and Motor |
195 | Vehicles for processing. By executing the aforesaid affidavit, |
196 | no licensed motor vehicle dealer will be liable in damages for |
197 | any inadequacy, insufficiency, or falsification of any statement |
198 | contained therein. A card shall also indicate the existence of |
199 | any bodily injury liability insurance voluntarily purchased. |
200 | (d) The verifying of proof of personal injury protection |
201 | insurance, proof of combined bodily liability insurance and |
202 | property damage liability insurance, or proof of financial |
203 | responsibility insurance and the issuance or failure to issue |
204 | the motor vehicle registration under the provisions of this |
205 | chapter may not be construed in any court as a warranty of the |
206 | reliability or accuracy of the evidence of such proof. Neither |
207 | the department nor any tax collector is liable in damages for |
208 | any inadequacy, insufficiency, falsification, or unauthorized |
209 | modification of any item of the proof of personal injury |
210 | protection insurance, proof of combined bodily liability |
211 | insurance and property damage liability insurance, or proof of |
212 | financial responsibility insurance or motorcycle insurance |
213 | required by s. 324.025 either prior to, during, or subsequent to |
214 | the verification of the proof. The issuance of a motor vehicle |
215 | registration does not constitute prima facie evidence or a |
216 | presumption of insurance coverage. |
217 | Section 3. Section 324.025, Florida Statutes, is created |
218 | to read: |
219 | 324.025 Motorcycles; requirement for insurance coverage.-- |
220 | (1)(a) Every owner or registrant of a motorcycle as |
221 | defined in s. 316.003, required to be registered and licensed in |
222 | this state, who is at least age 16 but younger than age 21, |
223 | shall maintain security by: |
224 | 1. Maintaining a policy of insurance from an authorized |
225 | insurer providing: |
226 | a. Property damage coverage as required by s. 324.022; and |
227 | b. Medical payments coverage providing a medical payments |
228 | benefit of $10,000 as set forth in s. 627.7441; or |
229 | 2. Furnishing proof of financial responsibility pursuant |
230 | to s. 324.031(2), (3), or (4) and approved by the department as |
231 | affording security equivalent to that afforded by a policy of |
232 | insurance as provided in subparagraph 1. |
233 | (b) With respect to a policy of insurance, the named |
234 | insured may elect a deductible as specified in s. 627.7441 to |
235 | apply to the named insured alone or to the named insured and |
236 | dependent relatives residing in the same household but may not |
237 | elect a deductible or modified coverage to apply to any other |
238 | person covered under the policy. |
239 | (2) An owner of a motorcycle with respect to which |
240 | security is required by this section who fails to have such |
241 | security in effect at the time of an accident is personally |
242 | liable for the payment of benefits under this section. With |
243 | respect to such benefits, such an owner has all of the rights |
244 | and obligations of an insurer. |
245 | (3) The department may adopt rules pursuant to ss. |
246 | 120.536(1) and 120.54 necessary to implement this section. |
247 | Section 4. Subsections (1) and (3) of section 627.06501, |
248 | Florida Statutes, are amended to read: |
249 | 627.06501 Insurance discounts for certain persons |
250 | completing driver improvement course.-- |
251 | (1) Any rate, rating schedule, or rating manual for the |
252 | liability, personal injury protection, and collision coverages |
253 | of a motor vehicle insurance policy filed with the office may |
254 | provide for a minimum of 2 percent, not to exceed 15 percent, |
255 | reduction in premiums an appropriate reduction in premium |
256 | charges as to such coverages when the principal operator on the |
257 | covered vehicle has successfully completed a driver improvement |
258 | course approved and certified by the Department of Highway |
259 | Safety and Motor Vehicles which is effective in reducing crash |
260 | or violation rates, or both, as determined pursuant to s. |
261 | 318.1451(5). Any discount, not to exceed 10 percent, used by an |
262 | insurer is presumed to be appropriate unless credible data |
263 | demonstrates otherwise. |
264 | (3) The organization offering the course shall, upon a |
265 | person's successful completion of the course, issue the person a |
266 | certificate that the person may use to qualify for the premium |
267 | discount authorized by this section. The Department of Highway |
268 | Safety and Motor Vehicles shall require each person completing |
269 | the course for the purposes of this section to pass a written |
270 | test given by the organization to evaluate the person's |
271 | knowledge 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 |
274 | subsections (14) and (15) are added to that section, to read: |
275 | 627.736 Required personal injury protection benefits; |
276 | exclusions; priority; claims.-- |
277 | (6) REQUEST FOR PATIENT DIAGNOSTIC AND TREATMENT RECORDS |
278 | AND INFORMATION DISCOVERY OF FACTS ABOUT AN INJURED PERSON; |
279 | DISPUTES.-- |
280 | (a) Every employer shall, if a request is made by an |
281 | insurer providing personal injury protection benefits under ss. |
282 | 627.730-627.7405 against whom a claim has been made, furnish |
283 | forthwith, in a form approved by the office, a sworn statement |
284 | of the earnings, since the time of the bodily injury and for a |
285 | reasonable period before the injury, of the person upon whose |
286 | injury the claim is based. |
287 | (b) Every physician, hospital, clinic, or other medical |
288 | institution providing, before or after bodily injury upon which |
289 | a claim for personal injury protection insurance benefits is |
290 | based, any products, services, or accommodations in relation to |
291 | that or any other injury, or in relation to a condition claimed |
292 | to be connected with that or any other injury, shall, if |
293 | requested to do so by the insurer against whom the claim has |
294 | been made, furnish forthwith a written report of the history, |
295 | condition, treatment, dates, and costs of such treatment of the |
296 | injured person and why the items identified by the insurer were |
297 | reasonable in amount and medically necessary, together with a |
298 | sworn statement that the treatment or services rendered were |
299 | reasonable and necessary with respect to the bodily injury |
300 | sustained and identifying which portion of the expenses for such |
301 | treatment or services was incurred as a result of such bodily |
302 | injury, and produce forthwith, and permit the inspection and |
303 | copying of, his or her or its records regarding such history, |
304 | condition, treatment, dates, and costs of treatment; provided |
305 | that this shall not limit the introduction of evidence at trial. |
306 | Such sworn statement shall read as follows: "Under penalty of |
307 | perjury, I declare that I have read the foregoing, and the facts |
308 | alleged are true, to the best of my knowledge and belief." No |
309 | cause of action for violation of the physician-patient privilege |
310 | or invasion of the right of privacy shall be permitted against |
311 | any physician, hospital, clinic, or other medical institution |
312 | complying with the provisions of this section. The person |
313 | requesting such records and such sworn statement shall pay all |
314 | reasonable costs connected therewith. If an insurer makes a |
315 | written request for documentation or information under this |
316 | paragraph within 30 days after having received notice of the |
317 | amount of a covered loss under paragraph (4)(a), the amount or |
318 | the partial amount which is the subject of the insurer's inquiry |
319 | shall become overdue if the insurer does not pay in accordance |
320 | with paragraph (4)(b) or within 10 days after the insurer's |
321 | receipt of the requested documentation or information, whichever |
322 | occurs later. For purposes of this paragraph, the term "receipt" |
323 | includes, but is not limited to, inspection and copying pursuant |
324 | to this paragraph. Any insurer that requests documentation or |
325 | information pertaining to reasonableness of charges or medical |
326 | necessity under this paragraph without a reasonable basis for |
327 | such requests as a general business practice is engaging in an |
328 | unfair trade practice under the insurance code. |
329 | (c) In the event of any dispute regarding an insurer's |
330 | right to request patient diagnostic or treatment information |
331 | discovery of facts under this section, the insurer may petition |
332 | a court of competent jurisdiction to enter an order permitting |
333 | such request for patient diagnostic or treatment information |
334 | discovery. The order may be made only on motion for good cause |
335 | shown and upon notice to all persons having an interest, and it |
336 | shall specify the time, place, manner, conditions, and scope of |
337 | the request for patient diagnostic or treatment information |
338 | discovery. Such court may, in order to protect against |
339 | annoyance, embarrassment, or oppression, as justice requires, |
340 | enter an order refusing the request for patient diagnostic or |
341 | treatment information discovery or specifying conditions of the |
342 | request for patient diagnostic or treatment information |
343 | discovery and may order payments of costs and expenses of the |
344 | proceeding, including reasonable fees for the appearance of |
345 | attorneys at the proceedings, as justice requires. |
346 | (d) The injured person shall be furnished, upon request, a |
347 | copy of all information obtained by the insurer under the |
348 | provisions of this section, and shall pay a reasonable charge, |
349 | if required by the insurer. |
350 | (e) Notice to an insurer of the existence of a claim shall |
351 | not be unreasonably withheld by an insured. |
352 | (11) DEMAND LETTER.-- |
353 | (f) Any insurer making a general business practice of not |
354 | paying valid claims until receipt of the notice required by this |
355 | subsection is engaging in an unfair trade practice under the |
356 | insurance code and shall be liable for damages in the amount of |
357 | three times the amount of benefits due or recovered resulting |
358 | from failing to pay the claims until receiving the demand letter |
359 | notices under this subsection. Any attorney who successfully |
360 | prosecutes an action based upon an insurer's general business |
361 | practice of not paying valid claims until receipt of the notice |
362 | required by this subsection may be awarded a lodestar multiplier |
363 | at the time that the court awards attorney's fees. The office |
364 | shall investigate and initiate actions for any violation of this |
365 | paragraph. 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, |
369 | or administrative proceedings. |
370 | 4. Refer findings to appropriate criminal justice agencies |
371 | for prosecution. |
372 | 5. Seek all other civil remedies provided by law. |
373 | (14) EMERGENCY SERVICES AND CARE.--In addition to the |
374 | medical benefits contained in paragraph (1)(a), additional |
375 | benefits of up to $10,000 are available for ambulance transport |
376 | and treatment, emergency services and care as defined in s. |
377 | 395.002(10), or inpatient services, provided in a hospital and |
378 | by physicians in an emergency department or trauma center or |
379 | inpatient departments when such services are continually |
380 | rendered as a result of an admission through the emergency |
381 | department or trauma center. The additional benefit for |
382 | emergency services and care must be rendered to the named |
383 | insured, the named insured's spouse, parents by blood or |
384 | marriage, stepparents and stepchildren, and children, natural or |
385 | adopted, who reside in the same household. Only emergency |
386 | services and care, necessary inpatient services following |
387 | admission through the emergency department or trauma center, or |
388 | transport and treatment rendered by an ambulance provider |
389 | licensed under part III of chapter 401 may be paid from the |
390 | additional benefit. The additional benefit may only be used when |
391 | such emergency services and care are initiated or rendered |
392 | within 48 hours after the motor vehicle accident. All such bills |
393 | shall be submitted on a UB 92 or a CMS 1500 form or their |
394 | approved successor forms. |
395 | (15) ATTORNEY'S FEES.--With respect to any dispute under |
396 | ss. 627.730-627.7405 between the insured and the insurer or |
397 | between an assignee of an insured's rights and the insurer, s. |
398 | 627.428 shall apply. A contingency risk multiplier may not be |
399 | applied to any attorney's fee award in any dispute under ss. |
400 | 627.730-627.7405, except as permitted in paragraph (11)(f). |
401 | Section 6. Subsection (1) of section 627.7401, Florida |
402 | Statutes, is amended to read: |
403 | 627.7401 Notification of insured's rights.-- |
404 | (1) The commission, by rule, shall adopt a form for the |
405 | notification of insureds of their right to receive personal |
406 | injury protection benefits under the Florida Motor Vehicle No- |
407 | Fault Law. Such notice shall: |
408 | (a) Include a description of the benefits provided by |
409 | personal injury protection, including, but not limited to, the |
410 | specific types of services for which medical benefits are paid, |
411 | disability benefits, death benefits, significant exclusions from |
412 | and limitations on personal injury protection benefits, when |
413 | payments are due, how benefits are coordinated with other |
414 | insurance benefits that the insured may have, penalties and |
415 | interest that may be imposed on insurers for failure to make |
416 | timely payments of benefits, and rights of parties regarding |
417 | disputes as to benefits. |
418 | (b) Notify the insured that: |
419 | 1. Pursuant to s. 626.9892, the department may pay rewards |
420 | of up to $25,000 to persons providing information leading to the |
421 | arrest and conviction of persons committing crimes investigated |
422 | by the Division of Insurance Fraud arising from violations of s. |
423 | 440.105, s. 624.15, s. 626.9541, s. 626.989, or s. 817.234. |
424 | 2. Solicitation of a person injured in a motor vehicle |
425 | crash for purposes of filing personal injury protection or tort |
426 | claims could be a violation of s. 817.234, s. 817.505, or the |
427 | rules regulating The Florida Bar and should be immediately |
428 | reported to the Division of Insurance Fraud if such conduct has |
429 | taken place. |
430 | Section 7. Section 627.7441, Florida Statutes, is created |
431 | to read: |
432 | 627.7441 Motorcycles; medical payments coverage.-- |
433 | (1) Each insurer authorized to write motor vehicle |
434 | insurance in this state shall make motorcycle coverage that |
435 | meets the security requirements of s. 324.025 available through |
436 | normal marketing channels. Insurers may not require that |
437 | additional or collateral coverage be purchased in addition to |
438 | the required security. An insurer writing motor vehicle |
439 | liability coverage in this state that fails to comply with this |
440 | availability requirement as a general business practice is |
441 | deemed to have violated part IX of chapter 626, and such |
442 | violation shall constitute an unfair method of competition or an |
443 | unfair or deceptive act or practice involving the business of |
444 | insurance. Any insurer committing such violation is subject to |
445 | the penalties provided in that part and other penalties provided |
446 | elsewhere in the insurance code. |
447 | (2) Any policy of insurance represented or sold as |
448 | providing the security required under this section is deemed to |
449 | provide insurance for the payment of the required benefits. |
450 | (3) Upon the issuance of a new policy of insurance or the |
451 | renewal of an existing policy of insurance, an insurer shall |
452 | offer to each applicant or policyholder deductibles meeting the |
453 | requirements of s. 324.025 in amounts of $250, $500, and $1,000. |
454 | The deductible amount must be applied to 100 percent of the |
455 | expenses and losses described in this section. After the |
456 | deductible is met, each insured is eligible to receive up to |
457 | $10,000 in total benefits as provided by the policy. Each |
458 | election made by the named insured under this subsection shall |
459 | result in an appropriate reduction of premium associated with |
460 | that election. |
461 | (4)(a) For the purposes of this section, the term "medical |
462 | payments coverage" means coverage of the usual and customary |
463 | charge for reasonable and necessary expenses incurred within 3 |
464 | years after the date of an accident involving the covered |
465 | motorcycle for medical and funeral services because of bodily |
466 | injury sustained by an injured person or death caused by an |
467 | accident arising out of the ownership, maintenance, or use of |
468 | the motorcycle or a trailer, sidecar, or other device attached |
469 | to the motorcycle. |
470 | (b) Subject to paragraph (c), covered persons include the |
471 | operator or any other person occupying the motorcycle or a |
472 | sidecar or trailer attached to the motorcycle. |
473 | (c) Covered persons also include any person at least age |
474 | 16 but younger than age 21 and may, if coverage is available |
475 | from the insurer and if purchased by the owner or registrant of |
476 | the motorcycle, include all persons over the age of 20. |
477 | (5) The Florida Automobile Joint Underwriting Association |
478 | shall make the coverage required under this section available to |
479 | any motorcycle owner or registrant who is in good faith entitled |
480 | to, but unable to, procure the security from an authorized |
481 | insurer. |
482 | (6) The commission may adopt rules pursuant to ss. |
483 | 120.536(1) and 120.54 necessary to implement this section. |
484 | Section 8. Subsection (2) of section 316.068, Florida |
485 | Statutes, is amended to read: |
486 | 316.068 Crash report forms.-- |
487 | (2) Every crash report required to be made in writing must |
488 | be made on the appropriate form approved by the department and |
489 | must contain all the information required in the report, |
490 | including 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 |
495 | in the vehicles involved. |
496 | (e) The names and addresses of witnesses. |
497 | (f) The name, badge number, and law enforcement agency of |
498 | the officer investigating the crash. |
499 | (g) The names of the insurance companies for the |
500 | respective parties involved in the crash, |
501 |
|
502 | unless not available. The absence of information in such written |
503 | crash reports regarding the existence of passengers in the |
504 | vehicles involved in the crash constitutes a rebuttable |
505 | presumption that no such passengers were involved in the |
506 | reported crash. Notwithstanding any other provisions of this |
507 | section, a crash report produced electronically by a law |
508 | enforcement officer must, at a minimum, contain the same |
509 | information as is called for on those forms approved by the |
510 | department. |
511 | Section 9. Subsection (8) of section 322.21, Florida |
512 | Statutes, is amended to read: |
513 | 322.21 License fees; procedure for handling and collecting |
514 | fees.-- |
515 | (8) Any person who applies for reinstatement following the |
516 | suspension or revocation of the person's driver's license shall |
517 | pay a service fee of $35 following a suspension, and $60 |
518 | following a revocation, which is in addition to the fee for a |
519 | license. Any person who applies for reinstatement of a |
520 | commercial driver's license following the disqualification of |
521 | the person's privilege to operate a commercial motor vehicle |
522 | shall pay a service fee of $60, which is in addition to the fee |
523 | for a license. The department shall collect all of these fees at |
524 | the time of reinstatement. The department shall issue proper |
525 | receipts for such fees and shall promptly transmit all funds |
526 | received by it as follows: |
527 | (a) Of the $35 fee received from a licensee for |
528 | reinstatement following a suspension, the department shall |
529 | deposit $15 in the General Revenue Fund and $20 in the Highway |
530 | Safety Operating Trust Fund. |
531 | (b) Of the $60 fee received from a licensee for |
532 | reinstatement following a revocation or disqualification, the |
533 | department shall deposit $35 in the General Revenue Fund and $25 |
534 | in the Highway Safety Operating Trust Fund. |
535 |
|
536 | If the revocation or suspension of the driver's license was for |
537 | a violation of s. 316.193, or for refusal to submit to a lawful |
538 | breath, blood, or urine test, an additional fee of $115 must be |
539 | charged. However, only one $115 fee may be collected from one |
540 | person convicted of violations arising out of the same incident. |
541 | The department shall collect the $115 fee and deposit the fee |
542 | into the Highway Safety Operating Trust Fund at the time of |
543 | reinstatement of the person's driver's license, but the fee may |
544 | not be collected if the suspension or revocation is overturned. |
545 | If the revocation or suspension of the driver's license was for |
546 | a conviction for a violation of s. 817.234(8) or (9), an |
547 | additional fee of $180 is imposed for each such offense. The |
548 | department shall collect and deposit the additional fee into the |
549 | Highway Safety Operating Trust Fund at the time of reinstatement |
550 | of the person's driver's license. |
551 | Section 10. Subsection (9) is added to section 322.26, |
552 | Florida Statutes, to read: |
553 | 322.26 Mandatory revocation of license by department.--The |
554 | department shall forthwith revoke the license or driving |
555 | privilege of any person upon receiving a record of such person's |
556 | conviction of any of the following offenses: |
557 | (9) Conviction in any court having jurisdiction over |
558 | offenses 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. |
564 | 456.001, or owner or medical director of a clinic required to be |
565 | licensed pursuant to s. 400.9905 may not, at any time after 60 |
566 | days have elapsed from the occurrence of a motor vehicle |
567 | accident, solicit or cause to be solicited any business from a |
568 | person involved in a motor vehicle accident by means of in |
569 | person or telephone contact at the person's residence or office |
570 | or at any other telephone number, for the purpose of making |
571 | motor vehicle tort claims or claims for personal injury |
572 | protection benefits required by s. 627.736. Any person who |
573 | violates this paragraph commits a felony of the third degree, |
574 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
575 | (9) A person may not organize, plan, or knowingly |
576 | participate in an intentional motor vehicle crash or a scheme to |
577 | create documentation of a motor vehicle crash that did not occur |
578 | for the purpose of making motor vehicle tort claims or claims |
579 | for personal injury protection benefits as required by s. |
580 | 627.736. Any person who violates this subsection commits a |
581 | felony of the second degree, punishable as provided in s. |
582 | 775.082, s. 775.083, or s. 775.084. A person who is convicted of |
583 | a violation of this subsection shall be sentenced to a minimum |
584 | term of imprisonment of 2 years. |
585 | Section 12. Section 817.2361, Florida Statutes, is amended |
586 | to read: |
587 | 817.2361 False or fraudulent proof of motor vehicle |
588 | insurance card.--Any person who, with intent to deceive any |
589 | other person, creates, markets, or presents a false or |
590 | fraudulent proof of motor vehicle insurance card commits a |
591 | felony of the third degree, punishable as provided in s. |
592 | 775.082, s. 775.083, or s. 775.084. |
593 | Section 13. Section 19 of chapter 2003-411, Laws of |
594 | Florida, is amended to read: |
595 | Section 19. (1) Effective October 1, 2012 2007, sections |
596 | 627.730, 627.731, 627.732, 627.733, 627.734, 627.736, 627.737, |
597 | 627.739, 627.7401, 627.7403, and 627.7405, Florida Statutes, |
598 | constituting the Florida Motor Vehicle No-Fault Law, are |
599 | repealed, unless reenacted by the Legislature during the 2011 |
600 | 2006 Regular Session and such reenactment becomes law to take |
601 | effect for policies issued or renewed on or after October 1, |
602 | 2011 2006. |
603 | (2) Insurers are authorized to provide, in all policies |
604 | issued or renewed after October 1, 2011 2006, that such policies |
605 | may terminate on or after October 1, 2012 2007, as provided in |
606 | subsection (1). |
607 | Section 14. This act shall take effect October 1, 2006. |