Amendment
Bill No. 1880

Amendment No. 824249

CHAMBER ACTION
Senate		House
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1	Representative(s) Bogdanoff offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5
6	Section 1.  Section 627.7361, Florida Statutes, is created
7	to read:
8	627.7361  Required security.--
9	(1)(a)  Every owner or registrant of a motor vehicle, other
10	than a motor vehicle used as a school bus as defined in s.
11	1006.25 or limousine, required to be registered and licensed in
12	this state shall maintain security as required by subsection (3)
13	in effect continuously throughout the registration or licensing
14	period.
15	(b)  Every owner or registrant of a motor vehicle used as a
16	taxicab shall not be governed by paragraph (a) but shall
17	maintain security as required under s. 324.032.
18	(2)  Every nonresident owner or registrant of a motor
19	vehicle that, whether operated or not, has been physically
20	present within this state for more than 90 days during the
21	preceding 365 days shall thereafter maintain security as
22	required by subsection (3) in effect continuously throughout the
23	period such motor vehicle remains within this state.
24	(3)  Such security shall be provided:
25	(a)  By an insurance policy delivered or issued for
26	delivery in this state by an authorized or eligible motor
27	vehicle liability insurer that provides the emergency care
28	coverage benefits and exemptions contained in s. 627.7363. Any
29	policy of insurance represented or sold by an authorized or
30	eligible motor vehicle liability insurer as providing the
31	security required by this paragraph shall be deemed to provide
32	insurance for the payment of the required benefits; or
33	(b)  By any other method authorized by s. 324.031(2), (3),
34	or (4) and approved by the Department of Highway Safety and
35	Motor Vehicles as affording security equivalent to that afforded
36	by a policy of insurance or by self-insuring as authorized by s.
37	768.28(16). The person filing such security shall have all of
38	the obligations and rights of an insurer under ss. 627.7361-
39	627.7363.
40	(4)  In addition to other persons who are not required to
41	provide required security as required under this section and s.
42	324.022, the owner, registrant, or operator of a motor vehicle
43	is exempt from providing such proof of financial responsibility
44	if he or she is a member of the United States Armed Forces and
45	is called to or on active duty outside this state or the United
46	States, or if the owner of the vehicle is the dependent spouse
47	of such active duty member and is also residing with the active
48	duty member at the place of posting of such member, and the
49	vehicle is primarily maintained at such place of posting. The
50	exemption provided by this subsection applies only as long as
51	the member of the armed forces is on such active duty outside
52	this state or the United States and the owner complies with the
53	security requirements of the state of posting or any possession
54	or territory of the United States. Upon receipt of a written
55	request by the insured to whom the exemption provided in this
56	subsection applies, the insurer shall cancel the coverages and
57	return any unearned premium or suspend the security required by
58	this section and s. 324.022. Notwithstanding subsection (5), the
59	Department of Highway Safety and Motor Vehicles may not suspend
60	the registration or operator's driver's license during the time
61	she or he qualified for an exemption under this subsection. Any
62	owner or registrant of a motor vehicle who qualifies for an
63	exemption under this subsection shall immediately notify the
64	department prior to and at the end of the expiration of the
65	exemption.
66	(5)  The Department of Highway Safety and Motor Vehicles
67	shall suspend, after due notice and an opportunity to be heard,
68	the registration and driver's license of any owner or registrant
69	of a motor vehicle with respect to which security is required
70	under this section and s. 324.022:
71	(a)  Upon records of the department showing that the owner
72	or registrant of such motor vehicle did not have in full force
73	and effect when required security complying with the terms of
74	this section; or
75	(b)  Upon notification by the insurer to the department, in
76	a form approved by the department, of cancellation or
77	termination of the required security.
78	(6)  Any operator or owner whose driver's license or
79	registration has been suspended pursuant to this section or s.
80	316.646 may effect reinstatement of the license or registration
81	upon compliance with the requirements of this section and upon
82	payment to the department of a nonrefundable reinstatement fee
83	of $150 for the first reinstatement. Such reinstatement fee
84	shall be $250 for the second reinstatement and $500 for each
85	subsequent reinstatement during the 3 years following the first
86	reinstatement. If the person does not have a second
87	reinstatement within 3 years after her or his initial
88	reinstatement, the reinstatement fee shall be $150 for the first
89	reinstatement after that 3-year period. If a person's license
90	and registration are suspended pursuant to this section or s.
91	316.646, only one reinstatement fee shall be paid to reinstate
92	the license and the registration. All fees shall be collected by
93	the department at the time of reinstatement. The department
94	shall issue proper receipts for such fees and shall promptly
95	deposit those fees into the Highway Safety Operating Trust Fund.
96	One-third of the fee collected under this subsection shall be
97	distributed from the Highway Safety Operating Trust Fund to the
98	local government entity or state agency that employed the law
99	enforcement officer who seized a license plate pursuant to s.
100	324.201. Such funds may be used by the local government entity
101	or state agency for any authorized purpose.
102	Section 2.  Section 627.7362, Florida Statutes, is created
103	to read:
104	627.7362  Proof of security; security requirements;
105	penalties.--
106	(1)  The provisions of chapter 324 that pertain to the
107	method of giving and maintaining proof of financial
108	responsibility and that govern and define a motor vehicle
109	liability policy shall apply to filing and maintaining proof of
110	security required by ss. 627.7361-627.7363.
111	(2)  Any person who:
112	(a)  Gives information required in a report or otherwise as
113	provided for in ss. 627.7361-627.7363, knowing or having reason
114	to believe that such information is false;
115	(b)  Forges or, without authority, signs any evidence of
116	proof of security; or
117	(c)  Files, or offers for filing, any such evidence of
118	proof, knowing or having reason to believe that such evidence of
119	proof of security is forged or signed without authority, commits
120	a misdemeanor of the first degree, punishable as provided in s.
121	775.082 or s. 775.083.
122	Section 3.  Section 627.7363, Florida Statutes, is created
123	to read:
124	627.7363  Required emergency care coverage.--
125	(1)  REQUIRED BENEFITS.--
126	(a)  Each insurance policy complying with the security
127	requirements of s. 627.7361 shall provide emergency care
128	coverage to the named insured, relatives residing in the same
129	household, persons operating the insured motor vehicle,
130	passengers in such motor vehicle, and other persons struck by
131	such motor vehicle and suffering bodily injury while not an
132	occupant of a self-propelled vehicle, subject to the terms and
133	limitations of this chapter and the insurance policy, to a limit
134	of $10,000 for loss sustained by any such person as a result of
135	bodily injury, sickness, disease, or death arising out of the
136	ownership, maintenance, or use of a motor vehicle for one
137	hundred percent of all allowable charges for medically necessary
138	emergency care consisting of but not limited to medical,
139	surgical, X-ray, dental, rehabilitative services, prosthetic
140	devices, ambulance, hospital, and nursing services for the
141	following services:
142	1.  Emergency transport and treatment rendered by an
143	ambulance provider licensed under part III of chapter 401 within
144	12 hours after the motor vehicle accident.
145	2.  Emergency services and care, as defined in s.
146	395.002(10), rendered within 72 hours after the motor vehicle
147	accident, by physicians, dentists, and hospitals in a hospital
148	emergency department, trauma center, or inpatient department
149	licensed pursuant to chapter 395.
150	3.  Subsequent medically necessary hospital, dental, and
151	physician inpatient care resulting from a motor vehicle
152	accident, provided the patient is admitted within 72 hours after
153	the motor vehicle accident.
154	4.  Subsequent medically necessary care and services
155	directly related to a medical diagnosis rendered within 72 hours
156	after the motor vehicle accident, subject to the following:
157	a.  The diagnosis shall be rendered in a hospital emergency
158	department, trauma center, or inpatient department licensed
159	under chapter 395 and rendered by a physician licensed under
160	chapter 458; an osteopathic physician licensed under chapter
161	459; or dentist licensed under chapter 466; and
162	b.  Medically necessary care and services shall be provided
163	at a hospital or in the office of a dentist or a physician and
164	rendered by a physician licensed under chapter 458, an
165	osteopathic physician licensed under chapter 459, a dentist
166	licensed under chapter 466, a physician assistant licensed under
167	chapter 458 or 459, or a registered nurse who meets the
168	definition of s. 464.003(4).
169	5.  Other medically necessary services and care which are
170	not covered by subparagraphs 1.-4., to a limit of $3,000,
171	rendered:
172	a.  At a facility owned by either a hospital licensed under
173	chapter 395, a physician licensed under chapter 458, an
174	osteopathic physician licensed under chapter 459, a dentist
175	licensed under chapter 466, or a chiropractor licensed under
176	chapter 460; or
177	b.  At a facility licensed under part X of chapter 400 that
178	has been continuously licensed for more than 3 years and is
179	either publicly traded or part of a controlled group of
180	companies as defined by the Internal Revenue Service Code. Such
181	facility shall maintain a medical director who is licensed under
182	chapter 458 or chapter 459. Each facility must provide at least
183	four of the following medical specialties:
184	(I)  General medicine.
185	(II)  Radiography.
186	(III)  Orthopedic medicine.
187	(IV)  Physical medicine.
188	(V)  Physical therapy.
189	(VI)  Physical rehabilitation.
190	(VII)  Magnetic resonance imaging.
191	(VIII)  Prescribing or dispensing outpatient prescription
192	medication.
193	(IX)  Laboratory services.
194	(b)  The total allowable benefits under paragraph (a) shall
195	not exceed the policy limit of $10,000.
196	(2)  DEFINITIONS.--As used in ss. 627.7361-627.7363, the
197	term:
198	(a)  "Hospital" means a facility that was licensed under
199	chapter 395 at the time services or treatment were rendered.
200	(b)  "Inpatient care" means medically necessary services
201	provided for the medical care and treatment of an insured who is
202	admitted as an inpatient to a hospital as defined in s.
203	395.002(13).
204	(c)  "Medically necessary" means a medical service,
205	diagnostic test, or supply that a prudent physician would
206	provide for the purpose of preventing, diagnosing, or treating
207	an illness, injury, disease, or symptom in a manner that is:
208	1.  In accordance with generally accepted standards of
209	medical practice.
210	2.  Clinically appropriate in terms of type, frequency,
211	extent, site, and duration.
212	3.  Not primarily for the convenience of the patient,
213	physician, or other health care provider.
214	(d)  "Motor vehicle" means any vehicle with four or more
215	wheels which is of a type both designed and required to be
216	licensed for use on the highways of this state and any trailer
217	or semitrailer designed for use with such vehicle.
218	(e)  "Named insured" means a person, usually the owner of a
219	vehicle, identified in a policy by name as the insured under the
220	policy.
221	(f)  "Owner" means a person who holds the legal title to a
222	motor vehicle or a debtor or lessee who has the right to
223	possession if a motor vehicle is the subject of a security
224	agreement or lease with an option to purchase.
225	(g)  "Relative residing in the same household" means a
226	relative of any degree by blood or by marriage who at the time
227	of injury makes his or her home in the same family unit, whether
228	or not temporarily living elsewhere.
229	(h)  "Rendered" means actual performance or a treatment or
230	a service incident to the provider's professional services.
231	(i)  "Self-propelled vehicle" means any vehicle which is
232	not propelled solely by human power. The term includes, but is
233	not limited to, motorcycles, ATVs, scooters, minibikes, golf
234	carts, and similar vehicles.
235	(j)  "Service" or "services" includes treatment,
236	procedures, supplies, prescriptions, and equipment.
237	(3)  LIMITATIONS.--Only insurers writing motor vehicle
238	liability insurance in this state may provide the required
239	benefits of this section, and such insurers may not require the
240	purchase of any other motor vehicle coverage other than the
241	purchase of property damage liability coverage as required by s.
242	627.7275 as a condition for providing such required benefits.
243	Insurers may not require that property damage liability
244	insurance in an amount greater than $10,000 be purchased in
245	conjunction with emergency care coverage. Such insurers shall
246	make benefits and required property damage liability insurance
247	coverage available through normal marketing channels. Any
248	insurer writing motor vehicle liability insurance in this state
249	that fails to comply with such availability requirement as a
250	general business practice violates part IX of chapter 626, and
251	such violation constitutes an unfair method of competition or an
252	unfair or deceptive act or practice involving the business of
253	insurance. Any such insurer committing such violation is subject
254	to the penalties imposed in such part, as well as applicable
255	penalties that may be imposed elsewhere in the insurance code.
256	(4)  BENEFITS.--Benefits due from an insurer under this
257	section shall be primary, except benefits received under any
258	workers' compensation law shall be credited against the benefits
259	provided by subsection (1), and shall be due and payable as loss
260	accrues, upon compliance with the terms and conditions of the
261	insurance policy and this section.
262	(5)  CHARGES FOR TREATMENT OF INJURED PERSONS.--Providers
263	lawfully rendering treatment to an injured person pursuant to
264	this section shall submit claims to insurers and insurers shall
265	receive, process, and, after October 1, 2008, pay claims
266	pursuant to the requirements of s. 627.6131. The insurer may
267	reimburse health care facilities and providers for their billed
268	charges or reimburse health care facilities and providers.
269	(6)  REQUIRED PAYMENT OF BENEFITS.--The insurer of the
270	owner of a motor vehicle shall pay emergency care benefits for:
271	(a)  Accidental bodily injury sustained in this state by
272	the owner while occupying a motor vehicle, or while not an
273	occupant of a self-propelled vehicle if the injury is caused by
274	physical contact with a motor vehicle.
275	(b)  Accidental bodily injury sustained outside this state,
276	but within the United States or its territories or possessions
277	or Canada, by the owner while occupying the owner's motor
278	vehicle.
279	(c)  Accidental bodily injury sustained by a relative of
280	the owner residing in the same household, under the
281	circumstances described in paragraph (a) or paragraph (b),
282	provided the relative at the time of the accident is domiciled
283	in the owner's household and is not the owner of a motor vehicle
284	with respect to which security is required or has not waived
285	such coverage under this section.
286	(d)  Accidental bodily injury sustained in this state by
287	any other person while occupying the owner's motor vehicle or,
288	if the injured person is a resident of this state who is injured
289	while not an occupant of a self-propelled vehicle, if the injury
290	is caused by physical contact with such motor vehicle, provided
291	the injured person is not:
292	1.  The owner of a motor vehicle with respect to which
293	security is required or has not waived such coverage under this
294	section.
295	2.  Entitled to emergency care benefits from the insurer of
296	the owner or owners of such motor vehicle.
297	(e)  If two or more insurers are liable for emergency care
298	benefits for the same injury to any single person, the maximum
299	amount payable shall be as specified in subsection (1), and any
300	insurer paying the benefits shall be entitled to recover from
301	each of the other insurers an equitable pro rata share of the
302	benefits paid an expenses incurred in processing the claim.
303	(7)  AUTHORIZED EXCLUSIONS.--Any insurance company may
304	exclude emergency care benefits for any injury sustained by:
305	(a)  The named insured and the named insured's spouse,
306	parents by blood or marriage, and children natural or adopted
307	residing in the same household while occupying another motor
308	vehicle owned by the named insured and not insured under the
309	policy.
310	(b)  Any person operating the insured motor vehicle without
311	the express or implied consent of the insured.
312	(c)  Any injured person, if such person's conduct
313	contributed to her or his injury under any of the following
314	circumstances:
315	1.  Intentionally causing injury or a claim for injury to
316	herself or himself;
317	2.  Being injured while committing a felony; or
318	3.  Being injured while attempting to flee or elude arrest
319	or detention by a law enforcement officer.
320	(d)  Any person while operating a self-propelled vehicle.
321	(8)  ASSIGNMENT OF BENEFITS.--
322	(a)  Emergency care benefits are assigned to a health care
323	provider by the submission of a claim by a health care provider,
324	with the consent of the insured. The insured shall have no right
325	to receive any emergency care benefits directly or indirectly
326	from the insurer.
327	(b)  An insured may execute an assignment of benefits to
328	different health care providers or authorize various health care
329	providers to submit emergency care claims. The insurer is not
330	required to reserve emergency care benefits for any provider
331	during the investigation of the provider's bills and shall
332	timely pay all bills in the insurer's possession that are
333	properly payable. In the event of multiple competing assignments
334	of benefits in which any single claim will exhaust benefits, the
335	insurer may determine which bill to pay first.
336	(c)  An assignment of emergency care benefits to the
337	provider shall be authorized under this section. The insured is
338	released of all obligations for the medical bills once an
339	assignment of benefits is executed. While benefits remain under
340	the policy, any agreement requiring the injured person or
341	insured to pay for charges is unenforceable. Notwithstanding
342	such assignment of benefits, the insured shall be responsible
343	for the allowable amount of the provider's bills once benefits
344	have been exhausted or once the insurer has paid the required
345	amounts under this section.
346	(9)  INSURED'S RIGHTS TO RECOVERY OF SPECIAL DAMAGES IN
347	TORT CLAIMS.--An injured person who is entitled to bring suit
348	for special damages shall have no right to recover any damages
349	for which emergency care coverage benefits are paid. A plaintiff
350	may prove all of her or his special damages notwithstanding this
351	limitation, but if special damages are introduced into evidence,
352	the trier of fact, whether a judge or jury, may not award
353	damages for emergency care coverage benefits paid. In all cases
354	in which a jury is required to fix damages, the court shall
355	instruct the jury that the plaintiff shall not recover such
356	special damages for emergency care benefits paid.
357	(10)  INSURED'S RIGHTS TO RECOVERY OF DAMAGES IN TORT
358	CLAIMS.--In any civil action seeking damages based on an injury
359	for which emergency care coverage benefits have been paid, s.
360	768.76 shall apply.
361	(11)  MANDATORY PRESUIT DEMAND LETTER.--
362	(a)  As a condition precedent to filing any action for
363	benefits under this section, the insurer must be provided with
364	written notice of an intent to initiate litigation. Such notice
365	may be sent no earlier than 90 days after a claim is submitted
366	for payment.
367	(b)  The notice required shall state that it is a
368	"statutory demand letter" and shall state with specificity:
369	1.  The name of the insured for whom such benefits are
370	being sought, including a copy of the assignment giving rights
371	to the claimant if the claimant is not the insured.
372	2.  The claim number or policy number upon which such claim
373	was originally submitted to the insurer.
374	3.  The exact amount of payment which is being sought in
375	order to avoid litigation with supporting documentation to allow
376	the insurer to determine with certainty the amount of the claim
377	and the medical necessity, procedural appropriateness,
378	reasonableness, and relation to the motor vehicle accident of
379	the treatment, services, accommodations, or supplies for which
380	payment is being sought.
381	4.  To the extent applicable, the name of any medical
382	provider who rendered to an insured the treatment, services,
383	accommodations, or supplies that form the basis of such claim,
384	and an itemized statement specifying each exact amount, the date
385	of treatment, service, or accommodation, and the type of benefit
386	claimed to be due.
387	(c)  Each notice required by this subsection must be
388	delivered to the insurer by United States certified or
389	registered mail, return receipt requested. Such postal costs
390	shall be reimbursed by the insurer if so requested by the
391	claimant in the notice, when the insurer pays the claim. Such
392	notice must be sent to the person and address specified by the
393	insurer for the purposes of receiving notices under this
394	subsection. Each licensed insurer, whether domestic, foreign, or
395	alien, shall file with the Office of Insurance Regulation
396	designation of the name and address of the person to whom
397	notices pursuant to this subsection shall be sent, which the
398	office shall make available on its Internet website. The name
399	and address on file with the office pursuant to s. 624.422 shall
400	be deemed the authorized representative to accept notice
401	pursuant to this subsection in the event no other designation
402	has been made.
403	(d)  If, within 15 days after receipt of notice by the
404	insurer, the overdue claim specified in the notice is paid by
405	the insurer together with a penalty of 10 percent of the overdue
406	amount paid by the insurer, subject to a maximum penalty of
407	$250, no action may be brought against the insurer. For purposes
408	of this subsection, payment or the insurer's agreement shall be
409	treated as being made on the date a draft or other valid
410	instrument that is equivalent to payment, or the insurer's
411	written statement of agreement, is placed in the United States
412	mail in a properly addressed, postpaid envelope or, if not so
413	posted, on the date of delivery.
414	(e)  The applicable statute of limitation for an action
415	under this section shall be tolled for a period of 15 business
416	days by the mailing of the notice required by this subsection.
417	(f)  Failure to comply with this subsection prior to
418	initiating litigation shall be grounds for an award of the
419	insurer's attorney fees and costs resulting from noncompliance.
420	(12)  DATA REPORTING.--
421	(a)  Each insurer that has issued a policy providing
422	emergency care coverage benefits shall report the renewal,
423	cancellation, or nonrenewal of such policy to the Department of
424	Highway Safety and Motor Vehicles within 45 days after the
425	effective date of the renewal, cancellation, or nonrenewal. Upon
426	the issuance of a policy providing emergency care coverage
427	benefits to a named insured not previously insured by the
428	insurer during that calendar year, the insurer shall report the
429	issuance of the new policy to the Department of Highway Safety
430	and Motor Vehicles within 30 days. The report must be in such
431	form and format and contain such information as is required by
432	the department and must include a format compatible with the
433	data processing capabilities of the department. Failure by an
434	insurer to file proper reports with the department constitutes a
435	violation of the Florida Insurance Code. Reports of
436	cancellations and policy renewals and reports of the issuance of
437	new policies received by the department may be used for
438	enforcement and regulatory purposes only, including the
439	generation by the department of data regarding compliance by
440	owners of motor vehicles with financial responsibility coverage
441	requirements. In addition, the department shall release, upon a
442	written request by a person involved in a motor vehicle
443	accident, the name of the person's attorney or of a
444	representative of the person's motor vehicle insurer, the name
445	of the insurance company, and the policy number for the policy
446	covering the vehicle named by the requesting party. The written
447	request must include a copy of the appropriate accident form as
448	provided in s. 316.065, s. 316.066, or s. 316.068.
449	(b)  For each insurance policy providing emergency care
450	coverage benefits, the insurer shall notify the named insured
451	or, in the case of a commercial fleet policy, the first named
452	insured in writing that any cancellation or nonrenewal of the
453	policy will be reported by the insurer to the department. The
454	notice must also inform the named insured that failure to
455	maintain emergency care coverage and property damage liability
456	insurance on a motor vehicle when required by law may result in
457	the loss of registration and driving privileges in this state,
458	and the notice must inform the named insured of the amount of
459	the reinstatement fees required by s. 627.7361(6). This notice
460	is for informational purposes only, and an insurer is not
461	civilly liable for failing to provide this notice.
462	(13)  SECURE ELECTRONIC DATA TRANSFER.--Any written notice,
463	documentation, transmission, or communication of any kind
464	required or permitted under this section may be accomplished by
465	secure electronic data transfer that is consistent with all
466	rights of confidentiality.
467	Section 4.  Section 627.7261, Florida Statutes, is amended
468	to read:
469	627.7261  Prior denial of coverage; volunteer driver;
470	effect on coverage or rate Refusal to issue policy.--
471	(1)  No insurer may deny an application for automobile
472	liability insurance solely on the ground that:
473	(a)  Renewal of similar coverage has been denied by another
474	insurer or on the ground of an applicant's failure to disclose
475	that such denial has occurred; or
476	(b)  The applicant is a volunteer driver.
477	(2)  No insurer may impose a surcharge or otherwise
478	increase the rate for an automobile liability policy solely on
479	the basis that the named insured, a member of the insured's
480	household, or a person who customarily operates the insured's
481	vehicle is a volunteer driver. This subsection does not prohibit
482	an insurer from refusing to renew, imposing a surcharge, or
483	otherwise raising the rate for an automobile liability insurance
484	policy based upon factors other than the volunteer status of the
485	insured driver.
486	(3)  For purposes of this section, the term "volunteer
487	driver" means a person who provides services, including
488	transporting individuals or goods, without compensation above
489	expenses to a private nonprofit agency as defined in s. 273.01
490	or charitable organization as defined in s. 736.1201.
491	Section 5.  Subsection (8) is added to section 626.2815,
492	Florida Statutes, to read:
493	626.2815  Continuing education required; application;
494	exceptions; requirements; penalties.--
495	(8)  Each person or entity sponsoring a course for
496	continuing education credit must provide that any required final
497	examination either be either open book or provided online.
498	Section 6.   Paragraph (c) of subsection (1) of section
499	627.728, Florida Statutes, is amended to read:
500	627.728  Cancellations; nonrenewals.--
501	(1)  As used in this section, the term:
502	(c)  "Nonpayment of premium" means failure of the named
503	insured to discharge when due any of her or his obligations in
504	connection with the payment of premiums on a policy or any
505	installment of such premium, whether the premium is payable
506	directly to the insurer or its agent or indirectly under any
507	premium finance plan or extension of credit, or failure to
508	maintain membership in an organization if such membership is a
509	condition precedent to insurance coverage. "Nonpayment of
510	premium" also means the failure of a financial institution to
511	honor an insurance applicant's check after delivery to a
512	licensed agent for payment of a premium, even if the agent has
513	previously delivered or transferred the premium to the insurer.;
514	further, If the dishonored check represents the initial premium
515	payment, the contract and all contractual obligations shall be
516	void ab initio unless the nonpayment is cured within the earlier
517	of 5 days after actual notice by certified mail is received by
518	the applicant or 15 days after notice is sent to the applicant
519	by certified mail or registered mail, and if the contract is
520	void, any premium received by the insurer from a third party
521	shall be refunded to that party in full. If a dishonored check
522	is made payable to the insurer, the insurer may cancel the
523	policy in accordance with paragraph (3)(a).
524	Section 7.  Subsection (1) of section 627.901, Florida
525	Statutes, is amended to read:
526	627.901  Premium financing by an insurance agent or
527	agency.--
528	(1)  A general lines agent may make reasonable service
529	charges for financing insurance premiums on policies issued or
530	business produced by such an agent or agency, s. 626.9541
531	notwithstanding. The service charge shall not exceed $3 per
532	installment. The maximum service charge shall not exceed $36 per
533	year. The service charge would also be permissible from the
534	insured when the agent processes, as a convenience and
535	accommodation to the insured, an installment payment from the
536	insured to the insurance company or premium finance company when
537	such payments can be made directly to the insurance company or
538	premium finance company by the insured. In no case may an agent
539	collect more than one service charge on any one payment. In lieu
540	of such service charges, an insurance agent or agency, at the
541	sole discretion of such agent or agency, may charge a rate of
542	interest not to exceed 18 percent simple interest per year on:
543	(a)  The unpaid balance; or
544	(b)  The average unpaid balance as billed over the term of
545	the policy and subject to endorsement changes. The interest
546	authorized by this paragraph may be billed in equal
547	installments.
548	Section 8.  Any automobile insurance policy written prior
549	to September 30, 2007, complying with the security requirement
550	of s. 627.733, Florida Statutes, shall be deemed to comply with
551	the security requirements of s. 627.7361, Florida Statutes, as
552	created by this act, until that policy expires or is terminated.
553	Section 9.  Effective October 1, 2012, ss. 627.7361,
554	627.7362, and 627.7363, Florida Statutes, as created by this
555	act, are repealed.
556	Section 10.  Subsections (1) and (3) of section 316.646,
557	Florida Statutes, are amended to read:
558	316.646  Security required; proof of security and display
559	thereof; dismissal of cases.--
560	(1)  Any person required by s. 627.7361 627.733 to maintain
561	personal injury protection security on a motor vehicle shall
562	have in his or her immediate possession at all times while
563	operating such motor vehicle proper proof of maintenance of the
564	security required by s. 627.7361 627.733 . Such proof shall be
565	either a uniform proof-of-insurance card in a form prescribed by
566	the department, a valid insurance policy, an insurance policy
567	binder, a certificate of insurance, or such other proof as may
568	be prescribed by the department.
569	(3)  Any person who violates this section is guilty of a
570	nonmoving traffic infraction subject to the penalty provided in
571	chapter 318 and shall be required to furnish proof of security
572	as provided in this section. If any person charged with a
573	violation of this section fails to furnish proof, at or before
574	the scheduled court appearance date, that security was in effect
575	at the time of the violation, the court may immediately suspend
576	the registration and driver's license of such person. Such
577	license and registration may only be reinstated as provided in
578	s. 627.7361 627.733.
579	Section 11.  Paragraph (b) of subsection (2) of section
580	318.18, Florida Statutes, is amended to read:
581	318.18  Amount of civil penalties.--The penalties required
582	for a noncriminal disposition pursuant to s. 318.14 are as
583	follows:
584	(2)  Thirty dollars for all nonmoving traffic violations
585	and:
586	(b)  For all violations of ss. 320.0605, 320.07(1),
587	322.065, and 322.15(1). Any person who is cited for a violation
588	of s. 320.07(1) shall be charged a delinquent fee pursuant to s.
589	320.07(4).
590	1.  If a person who is cited for a violation of s. 320.0605
591	or s. 320.07 can show proof of having a valid registration at
592	the time of arrest, the clerk of the court may dismiss the case
593	and may assess a dismissal fee of up to $7.50. A person who
594	finds it impossible or impractical to obtain a valid
595	registration certificate must submit an affidavit detailing the
596	reasons for the impossibility or impracticality. The reasons may
597	include, but are not limited to, the fact that the vehicle was
598	sold, stolen, or destroyed; that the state in which the vehicle
599	is registered does not issue a certificate of registration; or
600	that the vehicle is owned by another person.
601	2.  If a person who is cited for a violation of s. 322.03,
602	s. 322.065, or s. 322.15 can show a driver's license issued to
603	him or her and valid at the time of arrest, the clerk of the
604	court may dismiss the case and may assess a dismissal fee of up
605	to $7.50.
606	3.  If a person who is cited for a violation of s. 316.646
607	can show proof of security as required by s. 627.7361 627.733,
608	issued to the person and valid at the time of arrest, the clerk
609	of the court may dismiss the case and may assess a dismissal fee
610	of up to $7.50. A person who finds it impossible or impractical
611	to obtain proof of security must submit an affidavit detailing
612	the reasons for the impracticality. The reasons may include, but
613	are not limited to, the fact that the vehicle has since been
614	sold, stolen, or destroyed; that the owner or registrant of the
615	vehicle is not required by s. 627.7361 627.733 to maintain
616	security personal injury protection insurance; or that the
617	vehicle is owned by another person.
618	Section 12.  Paragraphs (a) and (d) of subsection (5) of
619	section 320.02, Florida Statutes, are amended to read:
620	320.02  Registration required; application for
621	registration; forms.--
622	(5)(a)  Proof that emergency care benefits personal injury
623	protection benefits have been purchased when required under s.
624	627.7361 627.733, that property damage liability coverage has
625	been purchased as required under s. 324.022, and that combined
626	bodily liability insurance and property damage liability
627	insurance have been purchased when required under s. 627.7415
628	shall be provided in the manner prescribed by law by the
629	applicant at the time of application for registration of any
630	motor vehicle owned as defined in s. 627.7363 627.732. The
631	issuing agent shall refuse to issue registration if such proof
632	of purchase is not provided. Insurers shall furnish uniform
633	proof-of-purchase cards in a form prescribed by the department
634	and shall include the name of the insured's insurance company,
635	the coverage identification number, the make, year, and vehicle
636	identification number of the vehicle insured. The card shall
637	contain a statement notifying the applicant of the penalty
638	specified in s. 316.646(4). The card or insurance policy,
639	insurance policy binder, or certificate of insurance or a
640	photocopy of any of these; an affidavit containing the name of
641	the insured's insurance company, the insured's policy number,
642	and the make and year of the vehicle insured; or such other
643	proof as may be prescribed by the department shall constitute
644	sufficient proof of purchase. If an affidavit is provided as
645	proof, it shall be in substantially the following form:
646
647	Under penalty of perjury, I   (Name of insured)   do hereby
648	certify that I have   (Emergency Care Coverage Personal Injury
649	Protection, Property Damage Liability, and, when required,
650	Bodily Injury Liability)   Insurance currently in effect with
651	(Name of insurance company)   under   (policy number)   covering
652	(make, year, and vehicle identification number of vehicle)  .
653	(Signature of Insured)
654
655	Such affidavit shall include the following warning:
656
657	WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
658	REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
659	LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
660	SUBJECT TO PROSECUTION.
661
662	When an application is made through a licensed motor vehicle
663	dealer as required in s. 319.23, the original or a photostatic
664	copy of such card, insurance policy, insurance policy binder, or
665	certificate of insurance or the original affidavit from the
666	insured shall be forwarded by the dealer to the tax collector of
667	the county or the Department of Highway Safety and Motor
668	Vehicles for processing. By executing the aforesaid affidavit,
669	no licensed motor vehicle dealer will be liable in damages for
670	any inadequacy, insufficiency, or falsification of any statement
671	contained therein. A card shall also indicate the existence of
672	any bodily injury liability insurance voluntarily purchased.
673	(d)  The verifying of proof of emergency care insurance
674	personal injury protection insurance, proof of combined bodily
675	liability insurance and property damage liability insurance, or
676	proof of financial responsibility insurance and the issuance or
677	failure to issue the motor vehicle registration under the
678	provisions of this chapter may not be construed in any court as
679	a warranty of the reliability or accuracy of the evidence of
680	such proof. Neither the department nor any tax collector is
681	liable in damages for any inadequacy, insufficiency,
682	falsification, or unauthorized modification of any item of the
683	proof of emergency care insurance personal injury protection
684	insurance, proof of combined bodily liability insurance and
685	property damage liability insurance, or proof of financial
686	responsibility insurance either prior to, during, or subsequent
687	to the verification of the proof. The issuance of a motor
688	vehicle registration does not constitute prima facie evidence or
689	a presumption of insurance coverage.
690	Section 13.  Paragraph (b) of subsection (1) of section
691	320.0609, Florida Statutes, is amended to read:
692	320.0609  Transfer and exchange of registration license
693	plates; transfer fee.--
694	(1)
695	(b)  The transfer of a license plate from a vehicle
696	disposed of to a newly acquired vehicle does not constitute a
697	new registration. The application for transfer shall be accepted
698	without requiring proof of emergency care personal injury
699	protection or liability insurance.
700	Section 14.  Subsection (3) of section 320.27, Florida
701	Statutes, is amended to read:
702	320.27  Motor vehicle dealers.--
703	(3)  APPLICATION AND FEE.--The application for the license
704	shall be in such form as may be prescribed by the department and
705	shall be subject to such rules with respect thereto as may be so
706	prescribed by it. Such application shall be verified by oath or
707	affirmation and shall contain a full statement of the name and
708	birth date of the person or persons applying therefor; the name
709	of the firm or copartnership, with the names and places of
710	residence of all members thereof, if such applicant is a firm or
711	copartnership; the names and places of residence of the
712	principal officers, if the applicant is a body corporate or
713	other artificial body; the name of the state under whose laws
714	the corporation is organized; the present and former place or
715	places of residence of the applicant; and prior business in
716	which the applicant has been engaged and the location thereof.
717	Such application shall describe the exact location of the place
718	of business and shall state whether the place of business is
719	owned by the applicant and when acquired, or, if leased, a true
720	copy of the lease shall be attached to the application. The
721	applicant shall certify that the location provides an adequately
722	equipped office and is not a residence; that the location
723	affords sufficient unoccupied space upon and within which
724	adequately to store all motor vehicles offered and displayed for
725	sale; and that the location is a suitable place where the
726	applicant can in good faith carry on such business and keep and
727	maintain books, records, and files necessary to conduct such
728	business, which will be available at all reasonable hours to
729	inspection by the department or any of its inspectors or other
730	employees. The applicant shall certify that the business of a
731	motor vehicle dealer is the principal business which shall be
732	conducted at that location. Such application shall contain a
733	statement that the applicant is either franchised by a
734	manufacturer of motor vehicles, in which case the name of each
735	motor vehicle that the applicant is franchised to sell shall be
736	included, or an independent (nonfranchised) motor vehicle
737	dealer. Such application shall contain such other relevant
738	information as may be required by the department, including
739	evidence that the applicant is insured under a garage liability
740	insurance policy, which shall include, at a minimum, $25,000
741	combined single-limit liability coverage including bodily injury
742	and property damage protection and $10,000 emergency care
743	benefits $10,000 personal injury protection. Such policy shall
744	be for the license period, and evidence of a new or continued
745	policy shall be delivered to the department at the beginning of
746	each license period. Upon making such initial application, the
747	person applying therefor shall pay to the department a fee of
748	$300 in addition to any other fees now required by law; upon
749	making a subsequent renewal application, the person applying
750	therefor shall pay to the department a fee of $75 in addition to
751	any other fees now required by law. Upon making an application
752	for a change of location, the person shall pay a fee of $50 in
753	addition to any other fees now required by law. The department
754	shall, in the case of every application for initial licensure,
755	verify whether certain facts set forth in the application are
756	true. Each applicant, general partner in the case of a
757	partnership, or corporate officer and director in the case of a
758	corporate applicant, must file a set of fingerprints with the
759	department for the purpose of determining any prior criminal
760	record or any outstanding warrants. The department shall submit
761	the fingerprints to the Department of Law Enforcement for state
762	processing and forwarding to the Federal Bureau of Investigation
763	for federal processing. The actual cost of such state and
764	federal processing shall be borne by the applicant and is to be
765	in addition to the fee for licensure. The department may issue a
766	license to an applicant pending the results of the fingerprint
767	investigation, which license is fully revocable if the
768	department subsequently determines that any facts set forth in
769	the application are not true or correctly represented.
770	Section 15.  Paragraph (j) of subsection (3) of section
771	320.771, Florida Statutes, is amended to read:
772	320.771  License required of recreational vehicle
773	dealers.--
774	(3)  APPLICATION.--The application for such license shall
775	be in the form prescribed by the department and subject to such
776	rules as may be prescribed by it. The application shall be
777	verified by oath or affirmation and shall contain:
778	(j)  A statement that the applicant is insured under a
779	garage liability insurance policy, which shall include, at a
780	minimum, $25,000 combined single-limit liability coverage,
781	including bodily injury and property damage protection, and
782	$10,000 emergency care coverage $10,000 personal injury
783	protection, if the applicant is to be licensed as a dealer in,
784	or intends to sell, recreational vehicles.
785
786	The department shall, if it deems necessary, cause an
787	investigation to be made to ascertain if the facts set forth in
788	the application are true and shall not issue a license to the
789	applicant until it is satisfied that the facts set forth in the
790	application are true.
791	Section 16.  Subsection (1) of section 322.251, Florida
792	Statutes, is amended to read:
793	322.251  Notice of cancellation, suspension, revocation, or
794	disqualification of license.--
795	(1)  All orders of cancellation, suspension, revocation, or
796	disqualification issued under the provisions of this chapter,
797	chapter 318, chapter 324, or s. 627.7361 ss. 627.732-627.734
798	shall be given either by personal delivery thereof to the
799	licensee whose license is being canceled, suspended, revoked, or
800	disqualified or by deposit in the United States mail in an
801	envelope, first class, postage prepaid, addressed to the
802	licensee at his or her last known mailing address furnished to
803	the department. Such mailing by the department constitutes
804	notification, and any failure by the person to receive the
805	mailed order will not affect or stay the effective date or term
806	of the cancellation, suspension, revocation, or disqualification
807	of the licensee's driving privilege.
808	Section 17.  Paragraph (a) of subsection (8) of section
809	322.34, Florida Statutes, is amended to read:
810	322.34  Driving while license suspended, revoked, canceled,
811	or disqualified.--
812	(8)(a)  Upon the arrest of a person for the offense of
813	driving while the person's driver's license or driving privilege
814	is suspended or revoked, the arresting officer shall determine:
815	1.  Whether the person's driver's license is suspended or
816	revoked.
817	2.  Whether the person's driver's license has remained
818	suspended or revoked since a conviction for the offense of
819	driving with a suspended or revoked license.
820	3.  Whether the suspension or revocation was made under s.
821	627.7361 316.646 or s. 627.733, relating to failure to maintain
822	required security, or under s. 322.264, relating to habitual
823	traffic offenders.
824	4.  Whether the driver is the registered owner or coowner
825	of the vehicle.
826	Section 18.  Subsection (1) and paragraph (c) of subsection
827	(9) of section 324.021, Florida Statutes, are amended to read:
828	324.021  Definitions; minimum insurance required.--The
829	following words and phrases when used in this chapter shall, for
830	the purpose of this chapter, have the meanings respectively
831	ascribed to them in this section, except in those instances
832	where the context clearly indicates a different meaning:
833	(1)  MOTOR VEHICLE.--Every self-propelled vehicle which is
834	designed and required to be licensed for use upon a highway,
835	including trailers and semitrailers designed for use with such
836	vehicles, except traction engines, road rollers, farm tractors,
837	power shovels, and well drillers, and every vehicle which is
838	propelled by electric power obtained from overhead wires but not
839	operated upon rails, but not including any bicycle or moped.
840	However, the term "motor vehicle" shall not include any motor
841	vehicle as defined in s. 627.7362 627.732(3) when the owner of
842	such vehicle has complied with the requirements of s. 627.7361
843	ss. 627.730-627.7405, inclusive, unless the provisions of s.
844	324.051 apply; and, in such case, the applicable proof of
845	insurance provisions of s. 320.02 apply.
846	(9)  OWNER; OWNER/LESSOR.--
847	(c)  Application.--
848	1.  The limits on liability in subparagraphs (b)2. and 3.
849	do not apply to an owner of motor vehicles that are used for
850	commercial activity in the owner's ordinary course of business,
851	other than a rental company that rents or leases motor vehicles.
852	For purposes of this paragraph, the term "rental company"
853	includes only an entity that is engaged in the business of
854	renting or leasing motor vehicles to the general public and that
855	rents or leases a majority of its motor vehicles to persons with
856	no direct or indirect affiliation with the rental company. The
857	term also includes a motor vehicle dealer that provides
858	temporary replacement vehicles to its customers for up to 10
859	days. The term "rental company" also includes:
860	a.  A related rental or leasing company that is a
861	subsidiary of the same parent company as that of the renting or
862	leasing company that rented or leased the vehicle.
863	b.  The holder of a motor vehicle title or an equity
864	interest in a motor vehicle title if the title or equity
865	interest is held pursuant to or to facilitate an asset-backed
866	securitization of a fleet of motor vehicles used solely in the
867	business of renting or leasing motor vehicles to the general
868	public and under the dominion and control of a rental company,
869	as described in this subparagraph, in the operation of such
870	rental company's business.
871	2.  Furthermore, with respect to a commercial motor vehicle
872	vehicles as defined in s. 627.732, the limits on liability in
873	subparagraphs (b)2. and 3. do not apply if, at the time of the
874	incident, the commercial motor vehicle is being used in the
875	transportation of materials found to be hazardous for the
876	purposes of the Hazardous Materials Transportation Authorization
877	Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is
878	required pursuant to such act to carry placards warning others
879	of the hazardous cargo, unless at the time of lease or rental
880	either:
881	a.  The lessee indicates in writing that the vehicle will
882	not be used to transport materials found to be hazardous for the
883	purposes of the Hazardous Materials Transportation Authorization
884	Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
885	b.  The lessee or other operator of the commercial motor
886	vehicle has in effect insurance with limits of at least
887	$5,000,000 combined property damage and bodily injury liability.
888
889	For the purposes of this subparagraph, the term "commercial
890	motor vehicle" does not include a motor vehicle that is a sedan,
891	station wagon, or jeep-type vehicle and, if not used primarily
892	for occupational, professional, or business purposes, a motor
893	vehicle of the pickup, panel, van, camper, or motor home type.
894	Section 19.  Section 324.022, Florida Statutes, is amended
895	to read:
896	324.022  Financial responsibility for property damage.--
897	(1)  Every owner or operator of a motor vehicle, which
898	motor vehicle is subject to the requirements of s. 627.7361 ss.
899	627.730-627.7405 and required to be registered in this state,
900	shall, by one of the methods established in s. 324.031 or by
901	having a policy that complies with s. 627.7275, establish and
902	maintain the ability to respond in damages for liability on
903	account of accidents arising out of the use of the motor vehicle
904	in the amount of $10,000 because of damage to, or destruction
905	of, property of others in any one crash. The requirements of
906	this section may also be met by having a policy which provides
907	coverage in the amount of at least $30,000 for combined property
908	damage liability and bodily injury liability for any one crash
909	arising out of the use of the motor vehicle. No insurer shall
910	have any duty to defend uncovered claims irrespective of their
911	joinder with covered claims.
912	(2)  For the purposes of this section, the term:
913	(a)  "Motor vehicle" means any self-propelled vehicle with
914	four or more wheels which is of a type both designed and
915	required to be licensed for use on the highways of this state
916	and any trailer or semitrailer designed for use with such
917	vehicle and includes a private passenger motor vehicle and a
918	commercial motor vehicle. The term "motor vehicle" does not
919	include a mobile home or any motor vehicle which is used in mass
920	transit, other than public school transportation, and designed
921	to transport more than five passengers exclusive of the operator
922	of the motor vehicle and which is owned by a municipality, a
923	transit authority, or a political subdivision of the state.
924	(b)  "Private passenger motor vehicle" means any motor
925	vehicle which is a sedan, station wagon, or jeep-type vehicle
926	and, if not used primarily for occupational, professional, or
927	business purposes, a motor vehicle of the pickup, panel, van,
928	camper, or motor home type.
929	(c)  "Commercial motor vehicle" means any motor vehicle
930	which is not a private passenger motor vehicle.
931	Section 20.  Subsection (2) of section 324.171, Florida
932	Statutes, is amended to read:
933	324.171  Self-insurer.--
934	(2)  The self-insurance certificate shall provide limits of
935	liability insurance in the amounts specified under s. 324.021(7)
936	or s. 627.7415 and shall provide emergency care personal injury
937	protection coverage under s. 627.7361(3)(b) 627.733(3)(b).
938	Section 21.  Paragraph (g) of subsection (1) of section
939	400.9935, Florida Statutes, is amended to read:
940	400.9935  Clinic responsibilities.--
941	(1)  Each clinic shall appoint a medical director or clinic
942	director who shall agree in writing to accept legal
943	responsibility for the following activities on behalf of the
944	clinic. The medical director or the clinic director shall:
945	(g)  Conduct systematic reviews of clinic billings to
946	ensure that the billings are not fraudulent or unlawful. Upon
947	discovery of an unlawful charge, the medical director or clinic
948	director shall take immediate corrective action. If the clinic
949	performs only the technical component of magnetic resonance
950	imaging, static radiographs, computed tomography, or positron
951	emission tomography, and provides the professional
952	interpretation of such services, in a fixed facility that is
953	accredited by the Joint Commission on Accreditation of
954	Healthcare Organizations or the Accreditation Association for
955	Ambulatory Health Care, and the American College of Radiology;
956	and if, in the preceding quarter, the percentage of scans
957	performed by that clinic which was billed to all personal injury
958	protection insurance carriers was less than 15 percent, the
959	chief financial officer of the clinic may, in a written
960	acknowledgment provided to the agency, assume the responsibility
961	for the conduct of the systematic reviews of clinic billings to
962	ensure that the billings are not fraudulent or unlawful.
963	Section 22.  Subsection (27) of section 409.901, Florida
964	Statutes, is amended to read:
965	409.901  Definitions; ss. 409.901-409.920.--As used in ss.
966	409.901-409.920, except as otherwise specifically provided, the
967	term:
968	(27)  "Third-party benefit" means any benefit that is or
969	may be available at any time through contract, court award,
970	judgment, settlement, agreement, or any arrangement between a
971	third party and any person or entity, including, without
972	limitation, a Medicaid recipient, a provider, another third
973	party, an insurer, or the agency, for any Medicaid-covered
974	injury, illness, goods, or services, including costs of medical
975	services related thereto, for personal injury or for death of
976	the recipient, but specifically excluding policies of life
977	insurance on the recipient, unless available under terms of the
978	policy to pay medical expenses prior to death. The term
979	includes, without limitation, collateral, as defined in this
980	section, health insurance, any benefit under a health
981	maintenance organization, a preferred provider arrangement, a
982	prepaid health clinic, liability insurance, uninsured motorist
983	insurance or emergency care personal injury protection coverage,
984	medical benefits under workers' compensation, and any obligation
985	under law or equity to provide medical support.
986	Section 23.  Paragraph (f) of subsection (11) of section
987	409.910, Florida Statutes, is amended to read:
988	409.910  Responsibility for payments on behalf of Medicaid-
989	eligible persons when other parties are liable.--
990	(11)  The agency may, as a matter of right, in order to
991	enforce its rights under this section, institute, intervene in,
992	or join any legal or administrative proceeding in its own name
993	in one or more of the following capacities: individually, as
994	subrogee of the recipient, as assignee of the recipient, or as
995	lienholder of the collateral.
996	(f)  Notwithstanding any provision in this section to the
997	contrary, in the event of an action in tort against a third
998	party in which the recipient or his or her legal representative
999	is a party which results in a judgment, award, or settlement
1000	from a third party, the amount recovered shall be distributed as
1001	follows:
1002	1.  After attorney's fees and taxable costs as defined by
1003	the Florida Rules of Civil Procedure, one-half of the remaining
1004	recovery shall be paid to the agency up to the total amount of
1005	medical assistance provided by Medicaid.
1006	2.  The remaining amount of the recovery shall be paid to
1007	the recipient.
1008	3.  For purposes of calculating the agency's recovery of
1009	medical assistance benefits paid, the fee for services of an
1010	attorney retained by the recipient or his or her legal
1011	representative shall be calculated at 25 percent of the
1012	judgment, award, or settlement.
1013	4.  Notwithstanding any provision of this section to the
1014	contrary, the agency shall be entitled to all medical coverage
1015	benefits up to the total amount of medical assistance provided
1016	by Medicaid. For purposes of this paragraph, "medical coverage"
1017	means any benefits under health insurance, a health maintenance
1018	organization, a preferred provider arrangement, or a prepaid
1019	health clinic, and the portion of benefits designated for
1020	medical payments under coverage for workers' compensation,
1021	emergency care personal injury protection, and casualty.
1022	Section 24.  Paragraph (k) of subsection (2) of section
1023	456.057, Florida Statutes, is amended to read:
1024	456.057  Ownership and control of patient records; report
1025	or copies of records to be furnished.--
1026	(2)  As used in this section, the terms "records owner,"
1027	"health care practitioner," and "health care practitioner's
1028	employer" do not include any of the following persons or
1029	entities; furthermore, the following persons or entities are not
1030	authorized to acquire or own medical records, but are authorized
1031	under the confidentiality and disclosure requirements of this
1032	section to maintain those documents required by the part or
1033	chapter under which they are licensed or regulated:
1034	(k)  Persons or entities practicing under s. 627.736(7).
1035	Section 25.  Paragraphs (ee) and (ff) of subsection (1) of
1036	section 456.072, Florida Statutes, are amended to read:
1037	456.072  Grounds for discipline; penalties; enforcement.--
1038	(1)  The following acts shall constitute grounds for which
1039	the disciplinary actions specified in subsection (2) may be
1040	taken:
1041	(ee)  With respect to making an emergency care a personal
1042	injury protection claim as required by s. 627.736, intentionally
1043	submitting a claim, statement, or bill that has been "upcoded,"
1044	which means submitting a billing code that would result in
1045	payment greater in amount that would be paid using the billing
1046	code that actually describes the services performed as defined
1047	in s. 627.732.
1048	(ff)  With respect to making an emergency care a personal
1049	injury protection claim as required by s. 627.736, intentionally
1050	submitting a claim, statement, or bill for payment of services
1051	that were not rendered.
1052	Section 26.  Paragraph (o) of subsection (1) of section
1053	626.9541, Florida Statutes, is amended to read:
1054	626.9541  Unfair methods of competition and unfair or
1055	deceptive acts or practices defined.--
1056	(1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
1057	ACTS.--The following are defined as unfair methods of
1058	competition and unfair or deceptive acts or practices:
1059	(o)  Illegal dealings in premiums; excess or reduced
1060	charges for insurance.--
1061	1.  Knowingly collecting any sum as a premium or charge for
1062	insurance, which is not then provided, or is not in due course
1063	to be provided, subject to acceptance of the risk by the
1064	insurer, by an insurance policy issued by an insurer as
1065	permitted by this code.
1066	2.  Knowingly collecting as a premium or charge for
1067	insurance any sum in excess of or less than the premium or
1068	charge applicable to such insurance, in accordance with the
1069	applicable classifications and rates as filed with and approved
1070	by the office, and as specified in the policy; or, in cases when
1071	classifications, premiums, or rates are not required by this
1072	code to be so filed and approved, premiums and charges collected
1073	from a Florida resident in excess of or less than those
1074	specified in the policy and as fixed by the insurer. This
1075	provision shall not be deemed to prohibit the charging and
1076	collection, by surplus lines agents licensed under part VIII of
1077	this chapter, of the amount of applicable state and federal
1078	taxes, or fees as authorized by s. 626.916(4), in addition to
1079	the premium required by the insurer or the charging and
1080	collection, by licensed agents, of the exact amount of any
1081	discount or other such fee charged by a credit card facility in
1082	connection with the use of a credit card, as authorized by
1083	subparagraph (q)3., in addition to the premium required by the
1084	insurer. This subparagraph shall not be construed to prohibit
1085	collection of a premium for a universal life or a variable or
1086	indeterminate value insurance policy made in accordance with the
1087	terms of the contract.
1088	3.a.  Imposing or requesting an additional premium for a
1089	policy of motor vehicle liability, emergency care coverage
1090	personal injury protection, medical payment, or collision
1091	insurance or any combination thereof or refusing to renew the
1092	policy solely because the insured was involved in a motor
1093	vehicle accident unless the insurer's file contains information
1094	from which the insurer in good faith determines that the insured
1095	was substantially at fault in the accident.
1096	b.  An insurer which imposes and collects such a surcharge
1097	or which refuses to renew such policy shall, in conjunction with
1098	the notice of premium due or notice of nonrenewal, notify the
1099	named insured that he or she is entitled to reimbursement of
1100	such amount or renewal of the policy under the conditions listed
1101	below and will subsequently reimburse him or her or renew the
1102	policy, if the named insured demonstrates that the operator
1103	involved in the accident was:
1104	(I)  Lawfully parked;
1105	(II)  Reimbursed by, or on behalf of, a person responsible
1106	for the accident or has a judgment against such person;
1107	(III)  Struck in the rear by another vehicle headed in the
1108	same direction and was not convicted of a moving traffic
1109	violation in connection with the accident;
1110	(IV)  Hit by a "hit-and-run" driver, if the accident was
1111	reported to the proper authorities within 24 hours after
1112	discovering the accident;
1113	(V)  Not convicted of a moving traffic violation in
1114	connection with the accident, but the operator of the other
1115	automobile involved in such accident was convicted of a moving
1116	traffic violation;
1117	(VI)  Finally adjudicated not to be liable by a court of
1118	competent jurisdiction;
1119	(VII)  In receipt of a traffic citation which was dismissed
1120	or nolle prossed; or
1121	(VIII)  Not at fault as evidenced by a written statement
1122	from the insured establishing facts demonstrating lack of fault
1123	which are not rebutted by information in the insurer's file from
1124	which the insurer in good faith determines that the insured was
1125	substantially at fault.
1126	c.  In addition to the other provisions of this
1127	subparagraph, an insurer may not fail to renew a policy if the
1128	insured has had only one accident in which he or she was at
1129	fault within the current 3-year period. However, an insurer may
1130	nonrenew a policy for reasons other than accidents in accordance
1131	with s. 627.728. This subparagraph does not prohibit nonrenewal
1132	of a policy under which the insured has had three or more
1133	accidents, regardless of fault, during the most recent 3-year
1134	period.
1135	4.  Imposing or requesting an additional premium for, or
1136	refusing to renew, a policy for motor vehicle insurance solely
1137	because the insured committed a noncriminal traffic infraction
1138	as described in s. 318.14 unless the infraction is:
1139	a.  A second infraction committed within an 18-month
1140	period, or a third or subsequent infraction committed within a
1141	36-month period.
1142	b.  A violation of s. 316.183, when such violation is a
1143	result of exceeding the lawful speed limit by more than 15 miles
1144	per hour.
1145	5.  Upon the request of the insured, the insurer and
1146	licensed agent shall supply to the insured the complete proof of
1147	fault or other criteria which justifies the additional charge or
1148	cancellation.
1149	6.  No insurer shall impose or request an additional
1150	premium for motor vehicle insurance, cancel or refuse to issue a
1151	policy, or refuse to renew a policy because the insured or the
1152	applicant is a handicapped or physically disabled person, so
1153	long as such handicap or physical disability does not
1154	substantially impair such person's mechanically assisted driving
1155	ability.
1156	7.  No insurer may cancel or otherwise terminate any
1157	insurance contract or coverage, or require execution of a
1158	consent to rate endorsement, during the stated policy term for
1159	the purpose of offering to issue, or issuing, a similar or
1160	identical contract or coverage to the same insured with the same
1161	exposure at a higher premium rate or continuing an existing
1162	contract or coverage with the same exposure at an increased
1163	premium.
1164	8.  No insurer may issue a nonrenewal notice on any
1165	insurance contract or coverage, or require execution of a
1166	consent to rate endorsement, for the purpose of offering to
1167	issue, or issuing, a similar or identical contract or coverage
1168	to the same insured at a higher premium rate or continuing an
1169	existing contract or coverage at an increased premium without
1170	meeting any applicable notice requirements.
1171	9.  No insurer shall, with respect to premiums charged for
1172	motor vehicle insurance, unfairly discriminate solely on the
1173	basis of age, sex, marital status, or scholastic achievement.
1174	10.  Imposing or requesting an additional premium for motor
1175	vehicle comprehensive or uninsured motorist coverage solely
1176	because the insured was involved in a motor vehicle accident or
1177	was convicted of a moving traffic violation.
1178	11.  No insurer shall cancel or issue a nonrenewal notice
1179	on any insurance policy or contract without complying with any
1180	applicable cancellation or nonrenewal provision required under
1181	the Florida Insurance Code.
1182	12.  No insurer shall impose or request an additional
1183	premium, cancel a policy, or issue a nonrenewal notice on any
1184	insurance policy or contract because of any traffic infraction
1185	when adjudication has been withheld and no points have been
1186	assessed pursuant to s. 318.14(9) and (10). However, this
1187	subparagraph does not apply to traffic infractions involving
1188	accidents in which the insurer has incurred a loss due to the
1189	fault of the insured.
1190	Section 27.  Subsection (1) of section 627.06501, Florida
1191	Statutes, is amended to read:
1192	627.06501  Insurance discounts for certain persons
1193	completing driver improvement course.--
1194	(1)  Any rate, rating schedule, or rating manual for the
1195	liability, emergency care personal injury protection, and
1196	collision coverages of a motor vehicle insurance policy filed
1197	with the office may provide for an appropriate reduction in
1198	premium charges as to such coverages when the principal operator
1199	on the covered vehicle has successfully completed a driver
1200	improvement course approved and certified by the Department of
1201	Highway Safety and Motor Vehicles which is effective in reducing
1202	crash or violation rates, or both, as determined pursuant to s.
1203	318.1451(5). Any discount, not to exceed 10 percent, used by an
1204	insurer is presumed to be appropriate unless credible data
1205	demonstrates otherwise.
1206	Section 28.  Subsection (1) of section 627.0652, Florida
1207	Statutes, is amended to read:
1208	627.0652  Insurance discounts for certain persons
1209	completing safety course.--
1210	(1)  Any rates, rating schedules, or rating manuals for the
1211	liability, emergency care personal injury protection, and
1212	collision coverages of a motor vehicle insurance policy filed
1213	with the office shall provide for an appropriate reduction in
1214	premium charges as to such coverages when the principal operator
1215	on the covered vehicle is an insured 55 years of age or older
1216	who has successfully completed a motor vehicle accident
1217	prevention course approved by the Department of Highway Safety
1218	and Motor Vehicles. Any discount used by an insurer is presumed
1219	to be appropriate unless credible data demonstrates otherwise.
1220	Section 29.  Subsections (1) and (3) of section 627.0653,
1221	Florida Statutes, are amended to read:
1222	627.0653  Insurance discounts for specified motor vehicle
1223	equipment.--
1224	(1)  Any rates, rating schedules, or rating manuals for the
1225	liability, emergency care personal injury protection, and
1226	collision coverages of a motor vehicle insurance policy filed
1227	with the office shall provide a premium discount if the insured
1228	vehicle is equipped with factory-installed, four-wheel antilock
1229	brakes.
1230	(3)  Any rates, rating schedules, or rating manuals for
1231	emergency care personal injury protection coverage and medical
1232	payments coverage, if offered, of a motor vehicle insurance
1233	policy filed with the office shall provide a premium discount if
1234	the insured vehicle is equipped with one or more air bags which
1235	are factory installed.
1236	Section 30.  Section 627.4132, Florida Statutes, is amended
1237	to read:
1238	627.4132  Stacking of coverages prohibited.--If an insured
1239	or named insured is protected by any type of motor vehicle
1240	insurance policy for liability, emergency care personal injury
1241	protection, or other coverage, the policy shall provide that the
1242	insured or named insured is protected only to the extent of the
1243	coverage she or he has on the vehicle involved in the accident.
1244	However, if none of the insured's or named insured's vehicles is
1245	involved in the accident, coverage is available only to the
1246	extent of coverage on any one of the vehicles with applicable
1247	coverage. Coverage on any other vehicles shall not be added to
1248	or stacked upon that coverage. This section does not apply:
1249	(1)  To uninsured motorist coverage which is separately
1250	governed by s. 627.727.
1251	(2)  To reduce the coverage available by reason of
1252	insurance policies insuring different named insureds.
1253	Section 31.  Subsection (6) of section 627.6482, Florida
1254	Statutes, is amended to read:
1255	627.6482  Definitions.--As used in ss. 627.648-627.6498,
1256	the term:
1257	(6)  "Health insurance" means any hospital and medical
1258	expense incurred policy, minimum premium plan, stop-loss
1259	coverage, health maintenance organization contract, prepaid
1260	health clinic contract, multiple-employer welfare arrangement
1261	contract, or fraternal benefit society health benefits contract,
1262	whether sold as an individual or group policy or contract. The
1263	term does not include any policy covering medical payment
1264	coverage or emergency care personal injury protection coverage
1265	in a motor vehicle policy, coverage issued as a supplement to
1266	liability insurance, or workers' compensation.
1267	Section 32.  Section 627.7263, Florida Statutes, is amended
1268	to read:
1269	627.7263  Rental and leasing driver's insurance to be
1270	primary; exception.--
1271	(1)  The valid and collectible liability insurance or
1272	emergency care personal injury protection insurance providing
1273	coverage for the lessor of a motor vehicle for rent or lease is
1274	primary unless otherwise stated in at least 10-point type on the
1275	face of the rental or lease agreement. Such insurance is primary
1276	for the limits of liability and emergency care personal injury
1277	protection coverage as required by ss. 324.021(7) and 627.7363
1278	627.736.
1279	(2)  If the lessee's coverage is to be primary, the rental
1280	or lease agreement must contain the following language, in at
1281	least 10-point type:
1282
1283	"The valid and collectible liability insurance and
1284	emergency care personal injury protection insurance of any
1285	authorized rental or leasing driver is primary for the
1286	limits of liability and emergency care personal injury
1287	protection coverage required by ss. 324.021(7) and 627.7363
1288	627.736, Florida Statutes."
1289
1290	Section 33.  Subsections (1), (7), (8), (9), and (10) of
1291	section 627.727, Florida Statutes, are amended to read:
1292	627.727  Motor vehicle insurance; uninsured and
1293	underinsured vehicle coverage; insolvent insurer protection.--
1294	(1)  No motor vehicle liability insurance policy which
1295	provides bodily injury liability coverage shall be delivered or
1296	issued for delivery in this state with respect to any
1297	specifically insured or identified motor vehicle registered or
1298	principally garaged in this state unless uninsured motor vehicle
1299	coverage is provided therein or supplemental thereto for the
1300	protection of persons insured thereunder who are legally
1301	entitled to recover damages from owners or operators of
1302	uninsured motor vehicles because of bodily injury, sickness, or
1303	disease, including death, resulting therefrom. However, the
1304	coverage required under this section is not applicable when, or
1305	to the extent that, an insured named in the policy makes a
1306	written rejection of the coverage on behalf of all insureds
1307	under the policy. When a motor vehicle is leased for a period of
1308	1 year or longer and the lessor of such vehicle, by the terms of
1309	the lease contract, provides liability coverage on the leased
1310	vehicle, the lessee of such vehicle shall have the sole
1311	privilege to reject uninsured motorist coverage or to select
1312	lower limits than the bodily injury liability limits, regardless
1313	of whether the lessor is qualified as a self-insurer pursuant to
1314	s. 324.171. Unless an insured, or lessee having the privilege of
1315	rejecting uninsured motorist coverage, requests such coverage or
1316	requests higher uninsured motorist limits in writing, the
1317	coverage or such higher uninsured motorist limits need not be
1318	provided in or supplemental to any other policy which renews,
1319	extends, changes, supersedes, or replaces an existing policy
1320	with the same bodily injury liability limits when an insured or
1321	lessee had rejected the coverage. When an insured or lessee has
1322	initially selected limits of uninsured motorist coverage lower
1323	than her or his bodily injury liability limits, higher limits of
1324	uninsured motorist coverage need not be provided in or
1325	supplemental to any other policy which renews, extends, changes,
1326	supersedes, or replaces an existing policy with the same bodily
1327	injury liability limits unless an insured requests higher
1328	uninsured motorist coverage in writing. The rejection or
1329	selection of lower limits shall be made on a form approved by
1330	the office. The form shall fully advise the applicant of the
1331	nature of the coverage and shall state that the coverage is
1332	equal to bodily injury liability limits unless lower limits are
1333	requested or the coverage is rejected. The heading of the form
1334	shall be in 12-point bold type and shall state: "You are
1335	electing not to purchase certain valuable coverage which
1336	protects you and your family or you are purchasing uninsured
1337	motorist limits less than your bodily injury liability limits
1338	when you sign this form. Please read carefully." If this form is
1339	signed by a named insured, it will be conclusively presumed that
1340	there was an informed, knowing rejection of coverage or election
1341	of lower limits on behalf of all insureds. The insurer shall
1342	notify the named insured at least annually of her or his options
1343	as to the coverage required by this section. Such notice shall
1344	be part of, and attached to, the notice of premium, shall
1345	provide for a means to allow the insured to request such
1346	coverage, and shall be given in a manner approved by the office.
1347	Receipt of this notice does not constitute an affirmative waiver
1348	of the insured's right to uninsured motorist coverage where the
1349	insured has not signed a selection or rejection form. The
1350	coverage described under this section shall be over and above,
1351	but shall not duplicate, the benefits available to an insured
1352	under any workers' compensation law, emergency care personal
1353	injury protection benefits, disability benefits law, or similar
1354	law; under any automobile medical expense coverage; under any
1355	motor vehicle liability insurance coverage; or from the owner or
1356	operator of the uninsured motor vehicle or any other person or
1357	organization jointly or severally liable together with such
1358	owner or operator for the accident; and such coverage shall
1359	cover the difference, if any, between the sum of such benefits
1360	and the damages sustained, up to the maximum amount of such
1361	coverage provided under this section. The amount of coverage
1362	available under this section shall not be reduced by a setoff
1363	against any coverage, including liability insurance. Such
1364	coverage shall not inure directly or indirectly to the benefit
1365	of any workers' compensation or disability benefits carrier or
1366	any person or organization qualifying as a self-insurer under
1367	any workers' compensation or disability benefits law or similar
1368	law.
1369	(7)  The legal liability of an uninsured motorist coverage
1370	insurer does not include damages in tort for pain, suffering,
1371	mental anguish, and inconvenience unless the injury or disease
1372	is described in one or more of paragraphs (a)-(d) of s.
1373	627.737(2).
1374	(7)(8)  The provisions of s. 627.428 do not apply to any
1375	action brought pursuant to this section against the uninsured
1376	motorist insurer unless there is a dispute over whether the
1377	policy provides coverage for an uninsured motorist proven to be
1378	liable for the accident.
1379	(8)(9)  Insurers may offer policies of uninsured motorist
1380	coverage containing policy provisions, in language approved by
1381	the office, establishing that if the insured accepts this offer:
1382	(a)  The coverage provided as to two or more motor vehicles
1383	shall not be added together to determine the limit of insurance
1384	coverage available to an injured person for any one accident,
1385	except as provided in paragraph (c).
1386	(b)  If at the time of the accident the injured person is
1387	occupying a motor vehicle, the uninsured motorist coverage
1388	available to her or him is the coverage available as to that
1389	motor vehicle.
1390	(c)  If the injured person is occupying a motor vehicle
1391	which is not owned by her or him or by a family member residing
1392	with her or him, the injured person is entitled to the highest
1393	limits of uninsured motorist coverage afforded for any one
1394	vehicle as to which she or he is a named insured or insured
1395	family member. Such coverage shall be excess over the coverage
1396	on the vehicle the injured person is occupying.
1397	(d)  The uninsured motorist coverage provided by the policy
1398	does not apply to the named insured or family members residing
1399	in her or his household who are injured while occupying any
1400	vehicle owned by such insureds for which uninsured motorist
1401	coverage was not purchased.
1402	(e)  If, at the time of the accident the injured person is
1403	not occupying a motor vehicle, she or he is entitled to select
1404	any one limit of uninsured motorist coverage for any one vehicle
1405	afforded by a policy under which she or he is insured as a named
1406	insured or as an insured resident of the named insured's
1407	household.
1408
1409	In connection with the offer authorized by this subsection,
1410	insurers shall inform the named insured, applicant, or lessee,
1411	on a form approved by the office, of the limitations imposed
1412	under this subsection and that such coverage is an alternative
1413	to coverage without such limitations. If this form is signed by
1414	a named insured, applicant, or lessee, it shall be conclusively
1415	presumed that there was an informed, knowing acceptance of such
1416	limitations. When the named insured, applicant, or lessee has
1417	initially accepted such limitations, such acceptance shall apply
1418	to any policy which renews, extends, changes, supersedes, or
1419	replaces an existing policy unless the named insured requests
1420	deletion of such limitations and pays the appropriate premium
1421	for such coverage. Any insurer who provides coverage which
1422	includes the limitations provided in this subsection shall file
1423	revised premium rates with the office for such uninsured
1424	motorist coverage to take effect prior to initially providing
1425	such coverage. The revised rates shall reflect the anticipated
1426	reduction in loss costs attributable to such limitations but
1427	shall in any event reflect a reduction in the uninsured motorist
1428	coverage premium of at least 20 percent for policies with such
1429	limitations. Such filing shall not increase the rates for
1430	coverage which does not contain the limitations authorized by
1431	this subsection, and such rates shall remain in effect until the
1432	insurer demonstrates the need for a change in uninsured motorist
1433	rates pursuant to s. 627.0651.
1434	(9)(10)  The damages recoverable from an uninsured motorist
1435	carrier in an action brought under s. 624.155 shall include the
1436	total amount of the claimant's damages, including the amount in
1437	excess of the policy limits, any interest on unpaid benefits,
1438	reasonable attorney's fees and costs, and any damages caused by
1439	a violation of a law of this state. The total amount of the
1440	claimant's damages is recoverable whether caused by an insurer
1441	or by a third-party tortfeasor.
1442	Section 34.  Subsection (1) and paragraphs (a) and (b) of
1443	subsection (2) of section 627.7275, Florida Statutes, are
1444	amended to read:
1445	627.7275  Motor vehicle liability.--
1446	(1)  A motor vehicle insurance policy providing emergency
1447	care coverage personal injury protection as set forth in s.
1448	627.7363 627.736 may not be delivered or issued for delivery in
1449	this state with respect to any specifically insured or
1450	identified motor vehicle registered or principally garaged in
1451	this state unless the policy also provides coverage for property
1452	damage liability in the amount of at least $10,000 because of
1453	damage to, or destruction of, property of others in any one
1454	accident arising out of the use of the motor vehicle or unless
1455	the policy provides coverage in the amount of at least $30,000
1456	for combined property damage liability and bodily injury
1457	liability in any one accident arising out of the use of the
1458	motor vehicle. The policy, as to coverage of property damage
1459	liability, must meet the applicable requirements of s. 324.151,
1460	subject to the usual policy exclusions that have been approved
1461	in policy forms by the office.
1462	(2)(a)  Insurers writing motor vehicle insurance in this
1463	state shall make available, subject to the insurers' usual
1464	underwriting restrictions:
1465	1.  Coverage under policies as described in subsection (1)
1466	to any applicant for private passenger motor vehicle insurance
1467	coverage who is seeking the coverage in order to reinstate the
1468	applicant's driving privileges in this state when the driving
1469	privileges were revoked or suspended pursuant to s. 316.646 or
1470	s. 627.7361 627.733 due to the failure of the applicant to
1471	maintain required security.
1472	2.  Coverage under policies as described in subsection (1),
1473	which also provides liability coverage for bodily injury, death,
1474	and property damage arising out of the ownership, maintenance,
1475	or use of the motor vehicle in an amount not less than the
1476	limits described in s. 324.021(7) and conforms to the
1477	requirements of s. 324.151, to any applicant for private
1478	passenger motor vehicle insurance coverage who is seeking the
1479	coverage in order to reinstate the applicant's driving
1480	privileges in this state after such privileges were revoked or
1481	suspended under s. 316.193 or s. 322.26(2) for driving under the
1482	influence.
1483	(b)  The policies described in paragraph (a) shall be
1484	issued for a period of at least 6 months and as to the minimum
1485	coverages required under this section shall not be cancelable by
1486	the insured for any reason or by the insurer after a period not
1487	to exceed 30 days during which the insurer must complete
1488	underwriting of the policy. After the insurer has completed
1489	underwriting the policy within the 30-day period, the insurer
1490	shall notify the Department of Highway Safety and Motor Vehicles
1491	that the policy is in full force and effect and the policy shall
1492	not be cancelable for the remainder of the policy period. A
1493	premium shall be collected and coverage shall be in effect for
1494	the 30-day period during which the insurer is completing the
1495	underwriting of the policy whether or not the person's driver
1496	license, motor vehicle tag, and motor vehicle registration are
1497	in effect. Once the noncancelable provisions of the policy
1498	become effective, the coverage or risk shall not be changed
1499	during the policy period and the premium shall be nonrefundable.
1500	If, during the pendency of the 2-year proof of insurance period
1501	required under s. 627.733(7) or during the 3-year proof of
1502	financial responsibility required under s. 324.131, whichever is
1503	applicable, the insured obtains additional coverage or coverage
1504	for an additional risk or changes territories, the insured must
1505	obtain a new 6-month noncancelable policy in accordance with the
1506	provisions of this section. However, if the insured must obtain
1507	a new 6-month policy and obtains the policy from the same
1508	insurer, the policyholder shall receive credit on the new policy
1509	for any premium paid on the previously issued policy.
1510	Section 35.  Paragraph (a) of subsection (1) of section
1511	627.728, Florida Statutes, is amended to read:
1512	627.728  Cancellations; nonrenewals.--
1513	(1)  As used in this section, the term:
1514	(a)  "Policy" means the bodily injury and property damage
1515	liability, emergency care personal injury protection, medical
1516	payments, comprehensive, collision, and uninsured motorist
1517	coverage portions of a policy of motor vehicle insurance
1518	delivered or issued for delivery in this state:
1519	1.  Insuring a natural person as named insured or one or
1520	more related individuals resident of the same household; and
1521	2.  Insuring only a motor vehicle of the private passenger
1522	type or station wagon type which is not used as a public or
1523	livery conveyance for passengers or rented to others; or
1524	insuring any other four-wheel motor vehicle having a load
1525	capacity of 1,500 pounds or less which is not used in the
1526	occupation, profession, or business of the insured other than
1527	farming; other than any policy issued under an automobile
1528	insurance assigned risk plan; insuring more than four
1529	automobiles; or covering garage, automobile sales agency, repair
1530	shop, service station, or public parking place operation
1531	hazards.
1532
1533	The term "policy" does not include a binder as defined in s.
1534	627.420 unless the duration of the binder period exceeds 60
1535	days.
1536	Section 36.  Subsection (1), paragraph (a) of subsection
1537	(5), and subsections (6) and (7) of section 627.7295, Florida
1538	Statutes, are amended to read:
1539	627.7295  Motor vehicle insurance contracts.--
1540	(1)  As used in this section, the term:
1541	(a)  "Policy" means a motor vehicle insurance policy that
1542	provides emergency care personal injury protection and property
1543	damage liability coverage.
1544	(b)  "Binder" means a binder that provides motor vehicle
1545	emergency care personal injury protection and property damage
1546	liability coverage.
1547	(5)(a)  A licensed general lines agent may charge a per-
1548	policy fee not to exceed $10 to cover the administrative costs
1549	of the agent associated with selling the motor vehicle insurance
1550	policy if the policy covers only emergency care personal injury
1551	protection coverage as provided by s. 627.7363 627.736 and
1552	property damage liability coverage as provided by s. 627.7275
1553	and if no other insurance is sold or issued in conjunction with
1554	or collateral to the policy. The fee is not considered part of
1555	the premium.
1556	(6)  If a motor vehicle owner's driver license, license
1557	plate, and registration have previously been suspended pursuant
1558	to s. 316.646 or s. 627.7361 627.733, an insurer may cancel a
1559	new policy only as provided in s. 627.7275.
1560	(7)  A policy of private passenger motor vehicle insurance
1561	or a binder for such a policy may be initially issued in this
1562	state only if the insurer or agent has collected from the
1563	insured an amount equal to 2 months' premium. An insurer, agent,
1564	or premium finance company may not directly or indirectly take
1565	any action resulting in the insured having paid from the
1566	insured's own funds an amount less than the 2 months' premium
1567	required by this subsection. This subsection applies without
1568	regard to whether the premium is financed by a premium finance
1569	company or is paid pursuant to a periodic payment plan of an
1570	insurer or an insurance agent. This subsection does not apply if
1571	an insured or member of the insured's family is renewing or
1572	replacing a policy or a binder for such policy written by the
1573	same insurer or a member of the same insurer group. This
1574	subsection does not apply to an insurer that issues private
1575	passenger motor vehicle coverage primarily to active duty or
1576	former military personnel or their dependents. This subsection
1577	does not apply if all policy payments are paid pursuant to a
1578	payroll deduction plan or an automatic electronic funds transfer
1579	payment plan from the policyholder, provided that the first
1580	policy payment is made by cash, cashier's check, check, or a
1581	money order. This subsection and subsection (4) do not apply if
1582	all policy payments to an insurer are paid pursuant to an
1583	automatic electronic funds transfer payment plan from an agent
1584	or a managing general agent and if the policy includes, at a
1585	minimum, emergency care coverage personal injury protection
1586	pursuant to s. 627.7363 ss. 627.730-627.7405; motor vehicle
1587	property damage liability pursuant to s. 627.7275; and bodily
1588	injury liability in at least the amount of $10,000 because of
1589	bodily injury to, or death of, one person in any one accident
1590	and in the amount of $20,000 because of bodily injury to, or
1591	death of, two or more persons in any one accident. This
1592	subsection and subsection (4) do not apply if an insured has had
1593	a policy in effect for at least 6 months, the insured's agent is
1594	terminated by the insurer that issued the policy, and the
1595	insured obtains coverage on the policy's renewal date with a new
1596	company through the terminated agent.
1597	Section 37.  Section 627.8405, Florida Statutes, is amended
1598	to read:
1599	627.8405  Prohibited acts; financing companies.--No premium
1600	finance company shall, in a premium finance agreement or other
1601	agreement, finance the cost of or otherwise provide for the
1602	collection or remittance of dues, assessments, fees, or other
1603	periodic payments of money for the cost of:
1604	(1)  A membership in an automobile club. The term
1605	"automobile club" means a legal entity which, in consideration
1606	of dues, assessments, or periodic payments of money, promises
1607	its members or subscribers to assist them in matters relating to
1608	the ownership, operation, use, or maintenance of a motor
1609	vehicle; however, this definition of "automobile club" does not
1610	include persons, associations, or corporations which are
1611	organized and operated solely for the purpose of conducting,
1612	sponsoring, or sanctioning motor vehicle races, exhibitions, or
1613	contests upon racetracks, or upon racecourses established and
1614	marked as such for the duration of such particular events. The
1615	words "motor vehicle" used herein have the same meaning as
1616	defined in chapter 320.
1617	(2)  An accidental death and dismemberment policy sold in
1618	combination with an emergency care coverage a personal injury
1619	protection and property damage only policy.
1620	(3)  Any product not regulated under the provisions of this
1621	insurance code.
1622
1623	This section also applies to premium financing by any insurance
1624	agent or insurance company under part XVI. The commission shall
1625	adopt rules to assure disclosure, at the time of sale, of
1626	coverages financed with emergency care coverage personal injury
1627	protection and shall prescribe the form of such disclosure.
1628	Section 38.  Subsection (1) of section 627.915, Florida
1629	Statutes, is amended to read:
1630	627.915  Insurer experience reporting.--
1631	(1)  Each insurer transacting private passenger automobile
1632	insurance in this state shall report certain information
1633	annually to the office. The information will be due on or before
1634	July 1 of each year. The information shall be divided into the
1635	following categories: bodily injury liability; property damage
1636	liability; uninsured motorist; emergency care coverage personal
1637	injury protection benefits; medical payments; comprehensive and
1638	collision. The information given shall be on direct insurance
1639	writings in the state alone and shall represent total limits
1640	data. The information set forth in paragraphs (a)-(f) is
1641	applicable to voluntary private passenger and Joint Underwriting
1642	Association private passenger writings and shall be reported for
1643	each of the latest 3 calendar-accident years, with an evaluation
1644	date of March 31 of the current year. The information set forth
1645	in paragraphs (g)-(j) is applicable to voluntary private
1646	passenger writings and shall be reported on a calendar-accident
1647	year basis ultimately seven times at seven different stages of
1648	development.
1649	(a)  Premiums earned for the latest 3 calendar-accident
1650	years.
1651	(b)  Loss development factors and the historic development
1652	of those factors.
1653	(c)  Policyholder dividends incurred.
1654	(d)  Expenses for other acquisition and general expense.
1655	(e)  Expenses for agents' commissions and taxes, licenses,
1656	and fees.
1657	(f)  Profit and contingency factors as utilized in the
1658	insurer's automobile rate filings for the applicable years.
1659	(g)  Losses paid.
1660	(h)  Losses unpaid.
1661	(i)  Loss adjustment expenses paid.
1662	(j)  Loss adjustment expenses unpaid.
1663	Section 39.  Paragraph (d) of subsection (2) and paragraph
1664	(d) of subsection (3) of section 628.909, Florida Statutes, are
1665	amended to read:
1666	628.909  Applicability of other laws.--
1667	(2)  The following provisions of the Florida Insurance Code
1668	shall apply to captive insurers who are not industrial insured
1669	captive insurers to the extent that such provisions are not
1670	inconsistent with this part:
1671	(d)  Section 627.7363 Sections 627.730-627.7405, when no-
1672	fault coverage is provided.
1673	(3)  The following provisions of the Florida Insurance Code
1674	shall apply to industrial insured captive insurers to the extent
1675	that such provisions are not inconsistent with this part:
1676	(d)  Section 627.7363 Sections 627.730-627.7405 when no-
1677	fault coverage is provided.
1678	Section 40.  Paragraphs (a), (b), and (c) of subsection (4)
1679	of section 713.78, Florida Statutes, are amended to read:
1680	713.78  Liens for recovering, towing, or storing vehicles
1681	and vessels.--
1682	(4)(a)  Any person regularly engaged in the business of
1683	recovering, towing, or storing vehicles or vessels who comes
1684	into possession of a vehicle or vessel pursuant to subsection
1685	(2), and who claims a lien for recovery, towing, or storage
1686	services, shall give notice to the registered owner, the
1687	insurance company insuring the vehicle notwithstanding the
1688	provisions of s. 627.736, and to all persons claiming a lien
1689	thereon, as disclosed by the records in the Department of
1690	Highway Safety and Motor Vehicles or of a corresponding agency
1691	in any other state.
1692	(b)  Whenever any law enforcement agency authorizes the
1693	removal of a vehicle or vessel or whenever any towing service,
1694	garage, repair shop, or automotive service, storage, or parking
1695	place notifies the law enforcement agency of possession of a
1696	vehicle or vessel pursuant to s. 715.07(2)(a)2., the applicable
1697	law enforcement agency shall contact the Department of Highway
1698	Safety and Motor Vehicles, or the appropriate agency of the
1699	state of registration, if known, within 24 hours through the
1700	medium of electronic communications, giving the full description
1701	of the vehicle or vessel. Upon receipt of the full description
1702	of the vehicle or vessel, the department shall search its files
1703	to determine the owner's name, the insurance company insuring
1704	the vehicle or vessel, and whether any person has filed a lien
1705	upon the vehicle or vessel as provided in s. 319.27(2) and (3)
1706	and notify the applicable law enforcement agency within 72
1707	hours. The person in charge of the towing service, garage,
1708	repair shop, or automotive service, storage, or parking place
1709	shall obtain such information from the applicable law
1710	enforcement agency within 5 days after the date of storage and
1711	shall give notice pursuant to paragraph (a). The department may
1712	release the insurance company information to the requestor
1713	notwithstanding the provisions of s. 627.736.
1714	(c)  Notice by certified mail, return receipt requested,
1715	shall be sent within 7 business days after the date of storage
1716	of the vehicle or vessel to the registered owner, the insurance
1717	company insuring the vehicle notwithstanding the provisions of
1718	s. 627.736, and all persons of record claiming a lien against
1719	the vehicle or vessel. It shall state the fact of possession of
1720	the vehicle or vessel, that a lien as provided in subsection (2)
1721	is claimed, that charges have accrued and the amount thereof,
1722	that the lien is subject to enforcement pursuant to law, and
1723	that the owner or lienholder, if any, has the right to a hearing
1724	as set forth in subsection (5), and that any vehicle or vessel
1725	which remains unclaimed, or for which the charges for recovery,
1726	towing, or storage services remain unpaid, may be sold free of
1727	all prior liens after 35 days if the vehicle or vessel is more
1728	than 3 years of age or after 50 days if the vehicle or vessel is
1729	3 years of age or less.
1730	Section 41.  Paragraph (c) of subsection (7), paragraphs
1731	(a), (b), and (c) of subsection (8), and subsection (9) of
1732	section 817.234, Florida Statutes, are amended to read:
1733	817.234  False and fraudulent insurance claims.--
1734	(7)
1735	(c)  An insurer, or any person acting at the direction of
1736	or on behalf of an insurer, may not change an opinion in a
1737	mental or physical report prepared under s. 627.736(7) or direct
1738	the physician preparing the report to change such opinion;
1739	however, this provision does not preclude the insurer from
1740	calling to the attention of the physician errors of fact in the
1741	report based upon information in the claim file. Any person who
1742	violates this paragraph commits a felony of the third degree,
1743	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1744	(8)(a)  It is unlawful for any person intending to defraud
1745	any other person to solicit or cause to be solicited any
1746	business from a person involved in a motor vehicle accident for
1747	the purpose of making, adjusting, or settling motor vehicle tort
1748	claims or claims for emergency care coverage personal injury
1749	protection benefits required by s. 627.7363 627.736. Any person
1750	who violates the provisions of this paragraph commits a felony
1751	of the second degree, punishable as provided in s. 775.082, s.
1752	775.083, or s. 775.084. A person who is convicted of a violation
1753	of this subsection shall be sentenced to a minimum term of
1754	imprisonment of 2 years.
1755	(b)  A person may not solicit or cause to be solicited any
1756	business from a person involved in a motor vehicle accident by
1757	any means of communication other than advertising directed to
1758	the public for the purpose of making motor vehicle tort claims
1759	or claims for emergency care coverage personal injury protection
1760	benefits required by s. 627.7363 627.736, within 60 days after
1761	the occurrence of the motor vehicle accident. Any person who
1762	violates this paragraph commits a felony of the third degree,
1763	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1764	(c)  A lawyer, health care practitioner as defined in s.
1765	456.001, or owner or medical director of a clinic required to be
1766	licensed pursuant to s. 400.9905 may not, at any time after 60
1767	days have elapsed from the occurrence of a motor vehicle
1768	accident, solicit or cause to be solicited any business from a
1769	person involved in a motor vehicle accident by means of in
1770	person or telephone contact at the person's residence, for the
1771	purpose of making motor vehicle tort claims or claims for
1772	emergency care coverage personal injury protection benefits
1773	required by s. 627.7363 627.736. Any person who violates this
1774	paragraph commits a felony of the third degree, punishable as
1775	provided in s. 775.082, s. 775.083, or s. 775.084.
1776	(9)  A person may not organize, plan, or knowingly
1777	participate in an intentional motor vehicle crash or a scheme to
1778	create documentation of a motor vehicle crash that did not occur
1779	for the purpose of making motor vehicle tort claims or claims
1780	for emergency care coverage personal injury protection benefits
1781	as required by s. 627.7363 627.736. Any person who violates this
1782	subsection commits a felony of the second degree, punishable as
1783	provided in s. 775.082, s. 775.083, or s. 775.084. A person who
1784	is convicted of a violation of this subsection shall be
1785	sentenced to a minimum term of imprisonment of 2 years.
1786	Section 42.  For the 2007-2008 fiscal year, the sum of
1787	$2,398,278 is appropriated from the Insurance Regulatory Trust
1788	Fund to the Department of Financial Services and 30 full-time
1789	equivalent positions with 1,387,860 in associated salary rate
1790	are authorized as senior insurance fraud investigators in the
1791	Division of Insurance Fraud of the Department of Financial
1792	Services. Personnel appointed to these positions must be
1793	certified law enforcement officers. These positions shall be
1794	included within the certified law enforcement collective
1795	bargaining unit and shall have a minimum annual salary of
1796	$46,262.
1797	Section 43.  For the 2007-2008 fiscal year, the sum of
1798	$408,000 is appropriated from the Insurance Regulatory Trust
1799	Fund to the Department of Financial Services for purposes of
1800	enforcing the Florida Motor Vehicle No-Fault Law in Miami,
1801	Orlando, and Tampa. These funds shall be transferred to the
1802	Justice Administrative Commission.
1803	Section 44.  For the 2007-2008 fiscal year, the sum of
1804	$408,000 is appropriated from the Grants and Donations Trust
1805	Fund to the Justice Administrative Commission and six full-time
1806	equivalent positions with 270,000 in associated salary rate are
1807	authorized for purposes of enforcing the Florida Motor Vehicle
1808	No-Fault Law in Miami, Orlando, and Tampa.
1809	Section 45.  This act shall take effect October 1, 2007.
1810
1811	======= T I T L E  A M E N D M E N T ==========
1812	Remove the entire title and insert:
1813	A bill to be entitled
1814	An act relating to insurance; creating s. 627.7361, F.S.;
1815	providing emergency care coverage benefits security
1816	requirements for certain motor vehicle owners or
1817	registrants; providing an exemption for certain military
1818	personnel under certain circumstances; requiring the
1819	Department of Highway Safety and Motor Vehicles to suspend
1820	the registration and driver license of certain persons
1821	under certain circumstances; providing requirements and
1822	procedures for reinstatement; creating s. 627.7362, F.S.;
1823	providing requirements for proof of required security;
1824	providing a criminal penalty; creating s. 627.7363, F.S.;
1825	providing emergency care coverage requirements; specifying
1826	required benefits; providing definitions; providing
1827	limitations; providing requirements for payment of
1828	benefits; providing requirements and procedures for
1829	assignment of benefits; providing for recovery of certain
1830	damages in tort claims; providing for a presuit demand
1831	letter; providing insurer data reporting requirements;
1832	providing for secure electronic transfer of data; amending
1833	s. 627.7261, F.S.; providing a definition; prohibiting the
1834	denial of an automobile policy; prohibiting surcharges or
1835	rate increases on specified grounds; amending s. 626.2815,
1836	F.S.; revising final examination requirements for certain
1837	continuing education courses; amending s. 627.728, F.S.;
1838	revising the definition of the term "nonpayment of
1839	premium" for certain purposes; amending s. 627.901, F.S.;
1840	providing criteria for installment payment service
1841	charges; providing that certain policies in compliance
1842	with specified security requirements in prior provisions
1843	shall be deemed to comply with the security requirement
1844	provisions created by this act until the policies expire
1845	or are terminated; providing a sunset date; amending ss.
1846	316.646, 318.18, 320.02, 320.0609, 320.27, 320.771,
1847	322.251, and 322.34, F.S.; conforming provisions to
1848	changes made by the act; amending s. 324.021, F.S.;
1849	conforming provisions to changes made by the act;
1850	providing a definition of "commercial motor vehicle" to
1851	replace language in a repealed statute; amending s.
1852	324.022, F.S.; conforming provisions to changes made by
1853	the act; providing definitions; amending ss. 324.171,
1854	400.9935, 409.901, 409.910, 456.057, 456.072, 626.9541,
1855	627.06501, 627.0652, 627.0653, 627.4132, 627.6482, and
1856	627.7263, F.S.; conforming provisions to changes made by
1857	the act; amending s. 627.727, F.S.; conforming provisions
1858	to changes made by the act; deleting provisions relating
1859	to legal liability of an uninsured motorist insurer with
1860	respect to damages in tort for pain, suffering, mental
1861	anguish, and convenience that reference repealed
1862	provisions; amending ss. 627.7275, 627.728, 627.7295,
1863	627.8405, 627.915, 628.909, 713.78, and 817.234, F.S.;
1864	conforming provisions to changes made by the act;
1865	authorizing insurance fraud investigator positions;
1866	providing an appropriation; authorizing specified
1867	positions and providing appropriations for enforcing the
1868	Florida Motor Vehicle No-Fault Law in specified areas;
1869	providing an effective date.

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