1 | A bill to be entitled |
2 | An act relating to motor vehicle financial responsibility; |
3 | creating s. 324.023, F.S.; requiring proof of increased |
4 | financial responsibility for bodily injury or death caused |
5 | by owners or operators found guilty of, or who entered a |
6 | plea of guilty or nolo contendere to, regardless of |
7 | adjudication of guilt, a DUI offense or who had a license |
8 | or driving privilege revoked or suspended under a |
9 | specified provision; providing an exemption if specified |
10 | conditions are met; amending ss. 316.646 and 320.02, F.S.; |
11 | conforming provisions; amending s. 627.733, F.S.; |
12 | providing additional cross-references concerning motor |
13 | vehicle security following motor vehicle license or |
14 | registration suspension; amending s. 627.7261, F.S.; |
15 | prohibiting an insurer from taking certain actions solely |
16 | because an insured or specified person serves as a |
17 | volunteer driver for a nonprofit agency or charitable |
18 | organization; providing an effective date. |
19 |
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20 | Be It Enacted by the Legislature of the State of Florida: |
21 |
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22 | Section 1. Section 324.023, Florida Statutes, is created |
23 | to read: |
24 | 324.023 Financial responsibility for bodily injury or |
25 | death.--In addition to any other financial responsibility |
26 | required by law, every owner or operator of a motor vehicle that |
27 | is required to be registered in this state, or that is located |
28 | within this state, and who, regardless of adjudication of guilt, |
29 | has been found guilty of or entered a plea of guilty or nolo |
30 | contendere to a charge of driving under the influence under s. |
31 | 316.193 after October 1, 2007, shall, by one of the methods |
32 | established in s. 324.031(1), (2), or (3), establish and |
33 | maintain the ability to respond in damages for liability on |
34 | account of accidents arising out of the use of a motor vehicle |
35 | in the amount of $100,000 because of bodily injury to, or death |
36 | of, one person in any one crash and, subject to such limits for |
37 | one person, in the amount of $300,000 because of bodily injury |
38 | to, or death of, two or more persons in any one crash and in the |
39 | amount of $50,000 because of property damage in any one crash. |
40 | If the owner or operator chooses to establish and maintain such |
41 | ability by posting a bond or furnishing a certificate of deposit |
42 | pursuant to s. 324.031(2) or (3), such bond or certificate of |
43 | deposit must be in an amount not less than $350,000. Such higher |
44 | limits must be carried for a minimum period of 3 years. If the |
45 | owner or operator has not been convicted of driving under the |
46 | influence or a felony traffic offense for a period of 3 years |
47 | from the date of reinstatement of driving privileges for a |
48 | violation of s. 316.193, the owner or operator shall be exempt |
49 | from this section. |
50 | Section 2. Subsections (1) and (3) of section 316.646, |
51 | Florida Statutes, are amended to read: |
52 | 316.646 Security required; proof of security and display |
53 | thereof; dismissal of cases.-- |
54 | (1) Any person required by s. 324.023 to maintain |
55 | liability security for bodily injury or death or any person |
56 | required by s. 627.733 to maintain personal injury protection |
57 | security on a motor vehicle shall have in his or her immediate |
58 | possession at all times while operating such motor vehicle |
59 | proper proof of maintenance of the required security required by |
60 | s. 627.733. Such proof shall be either a uniform proof-of- |
61 | insurance card in a form prescribed by the department, a valid |
62 | insurance policy, an insurance policy binder, a certificate of |
63 | insurance, or such other proof as may be prescribed by the |
64 | department. |
65 | (3) Any person who violates this section commits is guilty |
66 | of a nonmoving traffic infraction subject to the penalty |
67 | provided in chapter 318 and shall be required to furnish proof |
68 | of security as provided in this section. If any person charged |
69 | with a violation of this section fails to furnish proof, at or |
70 | before the scheduled court appearance date, that security was in |
71 | effect at the time of the violation, the court may immediately |
72 | suspend the registration and driver's license of such person. |
73 | Such license and registration may only be reinstated as provided |
74 | in s. 627.733. |
75 | Section 3. Paragraphs (a) and (b) of subsection (5) of |
76 | section 320.02, Florida Statutes, are amended to read: |
77 | 320.02 Registration required; application for |
78 | registration; forms.-- |
79 | (5)(a) Proof that personal injury protection benefits have |
80 | been purchased when required under s. 627.733, that property |
81 | damage liability coverage has been purchased as required under |
82 | s. 324.022, that bodily injury or death coverage has been |
83 | purchased if required under s. 324.023, and that combined bodily |
84 | liability insurance and property damage liability insurance have |
85 | been purchased when required under s. 627.7415 shall be provided |
86 | in the manner prescribed by law by the applicant at the time of |
87 | application for registration of any motor vehicle owned as |
88 | defined in s. 627.732. The issuing agent shall refuse to issue |
89 | registration if such proof of purchase is not provided. Insurers |
90 | shall furnish uniform proof-of-purchase cards in a form |
91 | prescribed by the department and shall include the name of the |
92 | insured's insurance company, the coverage identification number, |
93 | the make, year, and vehicle identification number of the vehicle |
94 | insured. The card shall contain a statement notifying the |
95 | applicant of the penalty specified in s. 316.646(4). The card or |
96 | insurance policy, insurance policy binder, or certificate of |
97 | insurance or a photocopy of any of these; an affidavit |
98 | containing the name of the insured's insurance company, the |
99 | insured's policy number, and the make and year of the vehicle |
100 | insured; or such other proof as may be prescribed by the |
101 | department shall constitute sufficient proof of purchase. If an |
102 | affidavit is provided as proof, it shall be in substantially the |
103 | following form: |
104 |
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105 | Under penalty of perjury, I (Name of insured) do hereby |
106 | certify that I have (Personal Injury Protection, Property |
107 | Damage Liability, and, when required, Bodily Injury Liability) |
108 | Insurance currently in effect with (Name of insurance |
109 | company) under (policy number) covering (make, year, and |
110 | vehicle identification number of vehicle) . (Signature of |
111 | Insured) |
112 |
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113 | Such affidavit shall include the following warning: |
114 |
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115 | WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE |
116 | REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA |
117 | LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS |
118 | SUBJECT TO PROSECUTION. |
119 |
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120 | When an application is made through a licensed motor vehicle |
121 | dealer as required in s. 319.23, the original or a photostatic |
122 | copy of such card, insurance policy, insurance policy binder, or |
123 | certificate of insurance or the original affidavit from the |
124 | insured shall be forwarded by the dealer to the tax collector of |
125 | the county or the Department of Highway Safety and Motor |
126 | Vehicles for processing. By executing the aforesaid affidavit, |
127 | no licensed motor vehicle dealer will be liable in damages for |
128 | any inadequacy, insufficiency, or falsification of any statement |
129 | contained therein. A card shall also indicate the existence of |
130 | any bodily injury liability insurance voluntarily purchased. |
131 | (b) When an operator who owns a motor vehicle is subject |
132 | to the financial responsibility requirements of chapter 324, |
133 | including ss. s. 324.022 and 324.023, such operator shall |
134 | provide proof of compliance with such financial responsibility |
135 | requirements at the time of registration of any such motor |
136 | vehicle by one of the methods constituting sufficient proof of |
137 | purchase under paragraph (a). The issuing agent shall refuse to |
138 | register a motor vehicle if such proof of purchase is not |
139 | provided or if one of the other methods of proving financial |
140 | responsibility as set forth in s. 324.031 is not met. |
141 | Section 4. Subsection (7) of section 627.733, Florida |
142 | Statutes, is amended to read: |
143 | 627.733 Required security.-- |
144 | (7) Any operator or owner whose driver's license or |
145 | registration has been suspended pursuant to this section or s. |
146 | 316.646 may effect its reinstatement upon compliance with the |
147 | requirements of this section and upon payment to the Department |
148 | of Highway Safety and Motor Vehicles of a nonrefundable |
149 | reinstatement fee of $150 for the first reinstatement. Such |
150 | reinstatement fee shall be $250 for the second reinstatement and |
151 | $500 for each subsequent reinstatement during the 3 years |
152 | following the first reinstatement. Any person reinstating her or |
153 | his insurance under this subsection must also secure |
154 | noncancelable coverage as described in ss. 324.021(8), 324.023, |
155 | and s. 627.7275(2) and present to the appropriate person proof |
156 | that the coverage is in force on a form promulgated by the |
157 | Department of Highway Safety and Motor Vehicles, such proof to |
158 | be maintained for 2 years. If the person does not have a second |
159 | reinstatement within 3 years after her or his initial |
160 | reinstatement, the reinstatement fee shall be $150 for the first |
161 | reinstatement after that 3-year period. In the event that a |
162 | person's license and registration are suspended pursuant to this |
163 | section or s. 316.646, only one reinstatement fee shall be paid |
164 | to reinstate the license and the registration. All fees shall be |
165 | collected by the Department of Highway Safety and Motor Vehicles |
166 | at the time of reinstatement. The Department of Highway Safety |
167 | and Motor Vehicles shall issue proper receipts for such fees and |
168 | shall promptly deposit those fees in the Highway Safety |
169 | Operating Trust Fund. One-third of the fee collected under this |
170 | subsection shall be distributed from the Highway Safety |
171 | Operating Trust Fund to the local government entity or state |
172 | agency which employed the law enforcement officer who seizes a |
173 | license plate pursuant to s. 324.201. Such funds may be used by |
174 | the local government entity or state agency for any authorized |
175 | purpose. |
176 | Section 5. Section 627.7261, Florida Statutes, is amended |
177 | to read: |
178 | 627.7261 Refusal to issue policy.-- |
179 | (1) An No insurer may not deny an application for |
180 | automobile liability insurance solely on the ground that renewal |
181 | of similar coverage has been denied by another insurer or on the |
182 | ground of an applicant's failure to disclose that such denial |
183 | has occurred. |
184 | (2)(a) An insurer may not deny an application for |
185 | automobile liability insurance or impose a surcharge or |
186 | otherwise increase the premium rate for an automobile liability |
187 | policy solely on the basis that the applicant, a named insured, |
188 | a member of the insured's household, or a person who customarily |
189 | operates the insured's vehicle is a volunteer driver. |
190 | (b) As used in this section, the term "volunteer driver" |
191 | means a person who provides services, including transporting |
192 | individuals or goods, without compensation in excess of expenses |
193 | to a private nonprofit agency as defined in s. 273.01(3) or a |
194 | charitable organization as defined in s. 737.501(2). |
195 | (c) This section does not prohibit an insurer from |
196 | refusing to renew, imposing a surcharge on, or otherwise |
197 | increasing the premium rate for an automobile liability |
198 | insurance policy based upon factors other than the volunteer |
199 | status of the persons named in this subsection. |
200 | Section 6. This act shall take effect upon becoming a law. |