CS/CS/HB 359

1
A bill to be entitled
2An act relating to motor vehicle financial responsibility;
3creating s. 324.023, F.S.; requiring proof of increased
4financial responsibility for bodily injury or death caused
5by owners or operators found guilty of, or who entered a
6plea of guilty or nolo contendere to, regardless of
7adjudication of guilt, a DUI offense or who had a license
8or driving privilege revoked or suspended under a
9specified provision; providing an exemption if specified
10conditions are met; amending ss. 316.646 and 320.02, F.S.;
11conforming provisions; amending s. 627.733, F.S.;
12providing additional cross-references concerning motor
13vehicle security following motor vehicle license or
14registration suspension; amending s. 627.7261, F.S.;
15prohibiting an insurer from taking certain actions solely
16because an insured or specified person serves as a
17volunteer driver for a nonprofit agency or charitable
18organization; providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Section 324.023, Florida Statutes, is created
23to read:
24     324.023  Financial responsibility for bodily injury or
25death.--In addition to any other financial responsibility
26required by law, every owner or operator of a motor vehicle that
27is required to be registered in this state, or that is located
28within this state, and who, regardless of adjudication of guilt,
29has been found guilty of or entered a plea of guilty or nolo
30contendere to a charge of driving under the influence under s.
31316.193 after October 1, 2007, shall, by one of the methods
32established in s. 324.031(1), (2), or (3), establish and
33maintain the ability to respond in damages for liability on
34account of accidents arising out of the use of a motor vehicle
35in the amount of $100,000 because of bodily injury to, or death
36of, one person in any one crash and, subject to such limits for
37one person, in the amount of $300,000 because of bodily injury
38to, or death of, two or more persons in any one crash and in the
39amount of $50,000 because of property damage in any one crash.
40If the owner or operator chooses to establish and maintain such
41ability by posting a bond or furnishing a certificate of deposit
42pursuant to s. 324.031(2) or (3), such bond or certificate of
43deposit must be in an amount not less than $350,000. Such higher
44limits must be carried for a minimum period of 3 years. If the
45owner or operator has not been convicted of driving under the
46influence or a felony traffic offense for a period of 3 years
47from the date of reinstatement of driving privileges for a
48violation of s. 316.193, the owner or operator shall be exempt
49from this section.
50     Section 2.  Subsections (1) and (3) of section 316.646,
51Florida Statutes, are amended to read:
52     316.646  Security required; proof of security and display
53thereof; dismissal of cases.--
54     (1)  Any person required by s. 324.023 to maintain
55liability security for bodily injury or death or any person
56required by s. 627.733 to maintain personal injury protection
57security on a motor vehicle shall have in his or her immediate
58possession at all times while operating such motor vehicle
59proper proof of maintenance of the required security required by
60s. 627.733. Such proof shall be either a uniform proof-of-
61insurance card in a form prescribed by the department, a valid
62insurance policy, an insurance policy binder, a certificate of
63insurance, or such other proof as may be prescribed by the
64department.
65     (3)  Any person who violates this section commits is guilty
66of a nonmoving traffic infraction subject to the penalty
67provided in chapter 318 and shall be required to furnish proof
68of security as provided in this section. If any person charged
69with a violation of this section fails to furnish proof, at or
70before the scheduled court appearance date, that security was in
71effect at the time of the violation, the court may immediately
72suspend the registration and driver's license of such person.
73Such license and registration may only be reinstated as provided
74in s. 627.733.
75     Section 3.  Paragraphs (a) and (b) of subsection (5) of
76section 320.02, Florida Statutes, are amended to read:
77     320.02  Registration required; application for
78registration; forms.--
79     (5)(a)  Proof that personal injury protection benefits have
80been purchased when required under s. 627.733, that property
81damage liability coverage has been purchased as required under
82s. 324.022, that bodily injury or death coverage has been
83purchased if required under s. 324.023, and that combined bodily
84liability insurance and property damage liability insurance have
85been purchased when required under s. 627.7415 shall be provided
86in the manner prescribed by law by the applicant at the time of
87application for registration of any motor vehicle owned as
88defined in s. 627.732. The issuing agent shall refuse to issue
89registration if such proof of purchase is not provided. Insurers
90shall furnish uniform proof-of-purchase cards in a form
91prescribed by the department and shall include the name of the
92insured's insurance company, the coverage identification number,
93the make, year, and vehicle identification number of the vehicle
94insured. The card shall contain a statement notifying the
95applicant of the penalty specified in s. 316.646(4). The card or
96insurance policy, insurance policy binder, or certificate of
97insurance or a photocopy of any of these; an affidavit
98containing the name of the insured's insurance company, the
99insured's policy number, and the make and year of the vehicle
100insured; or such other proof as may be prescribed by the
101department shall constitute sufficient proof of purchase. If an
102affidavit is provided as proof, it shall be in substantially the
103following form:
104
105Under penalty of perjury, I   (Name of insured)   do hereby
106certify that I have   (Personal Injury Protection, Property
107Damage Liability, and, when required, Bodily Injury Liability)  
108 Insurance currently in effect with   (Name of insurance
109company)   under   (policy number)   covering   (make, year, and
110vehicle identification number of vehicle)  .   (Signature of
111Insured)  
112
113Such affidavit shall include the following warning:
114
115WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
116REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
117LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
118SUBJECT TO PROSECUTION.
119
120When an application is made through a licensed motor vehicle
121dealer as required in s. 319.23, the original or a photostatic
122copy of such card, insurance policy, insurance policy binder, or
123certificate of insurance or the original affidavit from the
124insured shall be forwarded by the dealer to the tax collector of
125the county or the Department of Highway Safety and Motor
126Vehicles for processing. By executing the aforesaid affidavit,
127no licensed motor vehicle dealer will be liable in damages for
128any inadequacy, insufficiency, or falsification of any statement
129contained therein. A card shall also indicate the existence of
130any bodily injury liability insurance voluntarily purchased.
131     (b)  When an operator who owns a motor vehicle is subject
132to the financial responsibility requirements of chapter 324,
133including ss. s. 324.022 and 324.023, such operator shall
134provide proof of compliance with such financial responsibility
135requirements at the time of registration of any such motor
136vehicle by one of the methods constituting sufficient proof of
137purchase under paragraph (a). The issuing agent shall refuse to
138register a motor vehicle if such proof of purchase is not
139provided or if one of the other methods of proving financial
140responsibility as set forth in s. 324.031 is not met.
141     Section 4.  Subsection (7) of section 627.733, Florida
142Statutes, is amended to read:
143     627.733  Required security.--
144     (7)  Any operator or owner whose driver's license or
145registration has been suspended pursuant to this section or s.
146316.646 may effect its reinstatement upon compliance with the
147requirements of this section and upon payment to the Department
148of Highway Safety and Motor Vehicles of a nonrefundable
149reinstatement fee of $150 for the first reinstatement. Such
150reinstatement fee shall be $250 for the second reinstatement and
151$500 for each subsequent reinstatement during the 3 years
152following the first reinstatement. Any person reinstating her or
153his insurance under this subsection must also secure
154noncancelable coverage as described in ss. 324.021(8), 324.023,
155and s. 627.7275(2) and present to the appropriate person proof
156that the coverage is in force on a form promulgated by the
157Department of Highway Safety and Motor Vehicles, such proof to
158be maintained for 2 years. If the person does not have a second
159reinstatement within 3 years after her or his initial
160reinstatement, the reinstatement fee shall be $150 for the first
161reinstatement after that 3-year period. In the event that a
162person's license and registration are suspended pursuant to this
163section or s. 316.646, only one reinstatement fee shall be paid
164to reinstate the license and the registration. All fees shall be
165collected by the Department of Highway Safety and Motor Vehicles
166at the time of reinstatement. The Department of Highway Safety
167and Motor Vehicles shall issue proper receipts for such fees and
168shall promptly deposit those fees in the Highway Safety
169Operating Trust Fund. One-third of the fee collected under this
170subsection shall be distributed from the Highway Safety
171Operating Trust Fund to the local government entity or state
172agency which employed the law enforcement officer who seizes a
173license plate pursuant to s. 324.201. Such funds may be used by
174the local government entity or state agency for any authorized
175purpose.
176     Section 5.  Section 627.7261, Florida Statutes, is amended
177to read:
178     627.7261  Refusal to issue policy.--
179     (1)  An No insurer may not deny an application for
180automobile liability insurance solely on the ground that renewal
181of similar coverage has been denied by another insurer or on the
182ground of an applicant's failure to disclose that such denial
183has occurred.
184     (2)(a)  An insurer may not deny an application for
185automobile liability insurance or impose a surcharge or
186otherwise increase the premium rate for an automobile liability
187policy solely on the basis that the applicant, a named insured,
188a member of the insured's household, or a person who customarily
189operates the insured's vehicle is a volunteer driver.
190     (b)  As used in this section, the term "volunteer driver"
191means a person who provides services, including transporting
192individuals or goods, without compensation in excess of expenses
193to a private nonprofit agency as defined in s. 273.01(3) or a
194charitable organization as defined in s. 737.501(2).
195     (c)  This section does not prohibit an insurer from
196refusing to renew, imposing a surcharge on, or otherwise
197increasing the premium rate for an automobile liability
198insurance policy based upon factors other than the volunteer
199status of the persons named in this subsection.
200     Section 6.  This act shall take effect upon becoming a law.


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