Amendment
Bill No. 7215

Amendment No. 170133

CHAMBER ACTION
Senate		House
.
.
.

---

---

1	Representative(s) Bogdanoff offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Section 627.7361, Florida Statutes, is created
6	to read:
7	627.7361  Required security.--
8	(1)(a)  Every owner or registrant of a motor vehicle, other
9	than a motor vehicle used as a school bus as defined in s.
10	1006.25 or limousine, required to be registered and licensed in
11	this state shall maintain security as required by subsection (3)
12	in effect continuously throughout the registration or licensing
13	period.
14	(b)  Every owner or registrant of a motor vehicle used as a
15	taxicab shall not be governed by paragraph (a) but shall
16	maintain security as required under s. 324.032.
17	(2)  Every nonresident owner or registrant of a motor
18	vehicle that, whether operated or not, has been physically
19	present within this state for more than 90 days during the
20	preceding 365 days shall thereafter maintain security as
21	required by subsection (3) in effect continuously throughout the
22	period such motor vehicle remains within this state.
23	(3)  Such security shall be provided:
24	(a)  By an insurance policy delivered or issued for
25	delivery in this state by an authorized or eligible motor
26	vehicle liability insurer that provides the emergency care
27	coverage benefits and exemptions contained in s. 627.7363. Any
28	policy of insurance represented or sold by an authorized or
29	eligible motor vehicle liability insurer as providing the
30	security required by this paragraph shall be deemed to provide
31	insurance for the payment of the required benefits; or
32	(b)  By any other method authorized by s. 324.031(2), (3),
33	or (4) and approved by the Department of Highway Safety and
34	Motor Vehicles as affording security equivalent to that afforded
35	by a policy of insurance or by self-insuring as authorized by s.
36	768.28(16). The person filing such security shall have all of
37	the obligations and rights of an insurer under ss. 627.7361-
38	627.7363.
39	(4)  In addition to other persons who are not required to
40	provide required security as required under this section and s.
41	324.022, the owner, registrant, or operator of a motor vehicle
42	is exempt from providing such proof of financial responsibility
43	if he or she is a member of the United States Armed Forces and
44	is called to or on active duty outside this state or the United
45	States, or if the owner of the vehicle is the dependent spouse
46	of such active duty member and is also residing with the active
47	duty member at the place of posting of such member, and the
48	vehicle is primarily maintained at such place of posting. The
49	exemption provided by this subsection applies only as long as
50	the member of the armed forces is on such active duty outside
51	this state or the United States and the owner complies with the
52	security requirements of the state of posting or any possession
53	or territory of the United States. Upon receipt of a written
54	request by the insured to whom the exemption provided in this
55	subsection applies, the insurer shall cancel the coverages and
56	return any unearned premium or suspend the security required by
57	this section and s. 324.022. Notwithstanding subsection (5), the
58	Department of Highway Safety and Motor Vehicles may not suspend
59	the registration or operator's driver's license during the time
60	she or he qualified for an exemption under this subsection. Any
61	owner or registrant of a motor vehicle who qualifies for an
62	exemption under this subsection shall immediately notify the
63	department prior to and at the end of the expiration of the
64	exemption.
65	(5)  The Department of Highway Safety and Motor Vehicles
66	shall suspend, after due notice and an opportunity to be heard,
67	the registration and driver's license of any owner or registrant
68	of a motor vehicle with respect to which security is required
69	under this section and s. 324.022:
70	(a)  Upon records of the department showing that the owner
71	or registrant of such motor vehicle did not have in full force
72	and effect when required security complying with the terms of
73	this section; or
74	(b)  Upon notification by the insurer to the department, in
75	a form approved by the department, of cancellation or
76	termination of the required security.
77	(6)  Any operator or owner whose driver's license or
78	registration has been suspended pursuant to this section or s.
79	316.646 may effect reinstatement of the license or registration
80	upon compliance with the requirements of this section and upon
81	payment to the department of a nonrefundable reinstatement fee
82	of $150 for the first reinstatement. Such reinstatement fee
83	shall be $250 for the second reinstatement and $500 for each
84	subsequent reinstatement during the 3 years following the first
85	reinstatement. If the person does not have a second
86	reinstatement within 3 years after her or his initial
87	reinstatement, the reinstatement fee shall be $150 for the first
88	reinstatement after that 3-year period. If a person's license
89	and registration are suspended pursuant to this section or s.
90	316.646, only one reinstatement fee shall be paid to reinstate
91	the license and the registration. All fees shall be collected by
92	the department at the time of reinstatement. The department
93	shall issue proper receipts for such fees and shall promptly
94	deposit those fees into the Highway Safety Operating Trust Fund.
95	One-third of the fee collected under this subsection shall be
96	distributed from the Highway Safety Operating Trust Fund to the
97	local government entity or state agency that employed the law
98	enforcement officer who seized a license plate pursuant to s.
99	324.201. Such funds may be used by the local government entity
100	or state agency for any authorized purpose.
101	Section 2.  Section 627.7362, Florida Statutes, is created
102	to read:
103	627.7362  Proof of security; security requirements;
104	penalties.--
105	(1)  The provisions of chapter 324 that pertain to the
106	method of giving and maintaining proof of financial
107	responsibility and that govern and define a motor vehicle
108	liability policy shall apply to filing and maintaining proof of
109	security required by ss. 627.7361-627.7363.
110	(2)  Any person who:
111	(a)  Gives information required in a report or otherwise as
112	provided for in ss. 627.7361-627.7363, knowing or having reason
113	to believe that such information is false;
114	(b)  Forges or, without authority, signs any evidence of
115	proof of security; or
116	(c)  Files, or offers for filing, any such evidence of
117	proof, knowing or having reason to believe that such evidence of
118	proof of security is forged or signed without authority, commits
119	a misdemeanor of the first degree, punishable as provided in s.
120	775.082 or s. 775.083.
121	Section 3.  Section 627.7363, Florida Statutes, is created
122	to read:
123	627.7363  Required emergency care coverage.--
124	(1)  REQUIRED BENEFITS.--
125	(a)  Each insurance policy complying with the security
126	requirements of s. 627.7361 shall provide emergency care
127	coverage to the named insured, relatives residing in the same
128	household, persons operating the insured motor vehicle,
129	passengers in such motor vehicle, and other persons struck by
130	such motor vehicle and suffering bodily injury while not an
131	occupant of a self-propelled vehicle, subject to the terms and
132	limitations of this chapter and the insurance policy, to a limit
133	of $10,000 for loss sustained by any such person as a result of
134	bodily injury, sickness, disease, or death arising out of the
135	ownership, maintenance, or use of a motor vehicle for one
136	hundred percent of all allowable charges for medically necessary
137	emergency care consisting of but not limited to medical,
138	surgical, X-ray, dental, rehabilitative services, prosthetic
139	devices, ambulance, hospital, and nursing services for the
140	following services:
141	1.  Emergency transport and treatment rendered by an
142	ambulance provider licensed under part III of chapter 401 within
143	12 hours after the motor vehicle accident.
144	2.  Emergency services and care, as defined in s.
145	395.002(10), rendered within 72 hours after the motor vehicle
146	accident, by physicians, dentists, and hospitals in a hospital
147	emergency department, trauma center, or inpatient department
148	licensed pursuant to chapter 395.
149	3.  Subsequent medically necessary hospital, dental, and
150	physician inpatient care resulting from a motor vehicle
151	accident, provided the patient is admitted within 72 hours after
152	the motor vehicle accident.
153	4.  Subsequent medically necessary care and services
154	directly related to a medical diagnosis rendered within 72 hours
155	after the motor vehicle accident, subject to the following:
156	a.  The diagnosis shall be rendered in a hospital emergency
157	department, trauma center, or inpatient department licensed
158	under chapter 395 and rendered by a physician licensed under
159	chapter 458; an osteopathic physician licensed under chapter
160	459; or dentist licensed under chapter 466; and
161	b.  Medically necessary care and services shall be provided
162	at a hospital or in the office of a dentist or a physician and
163	rendered by a physician licensed under chapter 458, an
164	osteopathic physician licensed under chapter 459, a dentist
165	licensed under chapter 466, a physician assistant licensed under
166	chapter 458 or 459, an advanced registered nurse practitioner
167	licensed under chapter 464, 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. With respect to
268	a determination of whether a charge for a particular service,
269	treatment, or otherwise is reasonable, consideration may be
270	given to evidence of usual and customary charges and payments
271	accepted by the provider involved in the dispute, reimbursement
272	levels in the community and various federal and state medical
273	fee schedules applicable to automobile and other insurance
274	coverages, and other information relevant to the reasonableness
275	of the reimbursement for the service, treatment, or supply.
276	(6)  REQUIRED PAYMENT OF BENEFITS.--The insurer of the
277	owner of a motor vehicle shall pay emergency care benefits for:
278	(a)  Accidental bodily injury sustained in this state by
279	the owner while occupying a motor vehicle, or while not an
280	occupant of a self-propelled vehicle if the injury is caused by
281	physical contact with a motor vehicle.
282	(b)  Accidental bodily injury sustained outside this state,
283	but within the United States or its territories or possessions
284	or Canada, by the owner while occupying the owner's motor
285	vehicle.
286	(c)  Accidental bodily injury sustained by a relative of
287	the owner residing in the same household, under the
288	circumstances described in paragraph (a) or paragraph (b),
289	provided the relative at the time of the accident is domiciled
290	in the owner's household and is not the owner of a motor vehicle
291	with respect to which security is required or has not waived
292	such coverage under this section.
293	(d)  Accidental bodily injury sustained in this state by
294	any other person while occupying the owner's motor vehicle or,
295	if the injured person is a resident of this state who is injured
296	while not an occupant of a self-propelled vehicle, if the injury
297	is caused by physical contact with such motor vehicle, provided
298	the injured person is not:
299	1.  The owner of a motor vehicle with respect to which
300	security is required or has not waived such coverage under this
301	section.
302	2.  Entitled to emergency care benefits from the insurer of
303	the owner or owners of such motor vehicle.
304	(e)  If two or more insurers are liable for emergency care
305	benefits for the same injury to any single person, the maximum
306	amount payable shall be as specified in subsection (1), and any
307	insurer paying the benefits shall be entitled to recover from
308	each of the other insurers an equitable pro rata share of the
309	benefits paid an expenses incurred in processing the claim.
310	(7)  AUTHORIZED EXCLUSIONS.--Any insurance company may
311	exclude emergency care benefits for any injury sustained by:
312	(a)  The named insured and the named insured's spouse,
313	parents by blood or marriage, and children natural or adopted
314	residing in the same household while occupying another motor
315	vehicle owned by the named insured and not insured under the
316	policy.
317	(b)  Any person operating the insured motor vehicle without
318	the express or implied consent of the insured.
319	(c)  Any injured person, if such person's conduct
320	contributed to her or his injury under any of the following
321	circumstances:
322	1.  Intentionally causing injury or a claim for injury to
323	herself or himself;
324	2.  Being injured while committing a felony; or
325	3.  Being injured while attempting to flee or elude arrest
326	or detention by a law enforcement officer.
327	(d)  Any person while operating a self-propelled vehicle.
328	(8)  ASSIGNMENT OF BENEFITS.--
329	(a)  Emergency care benefits are assigned to a health care
330	provider by the submission of a claim by a health care provider,
331	with the consent of the insured. The insured shall have no right
332	to receive any emergency care benefits directly or indirectly
333	from the insurer.
334	(b)  An insured may execute an assignment of benefits to
335	different health care providers or authorize various health care
336	providers to submit emergency care claims. The insurer is not
337	required to reserve emergency care benefits for any provider
338	during the investigation of the provider's bills and shall
339	timely pay all bills in the insurer's possession that are
340	properly payable. In the event of multiple competing assignments
341	of benefits in which any single claim will exhaust benefits, the
342	insurer may determine which bill to pay first.
343	(c)  An assignment of emergency care benefits to the
344	provider shall be authorized under this section. The insured is
345	released of all obligations for the medical bills once an
346	assignment of benefits is executed. While benefits remain under
347	the policy, any agreement requiring the injured person or
348	insured to pay for charges is unenforceable. Notwithstanding
349	such assignment of benefits, the insured shall be responsible
350	for the allowable amount of the provider's bills once benefits
351	have been exhausted or once the insurer has paid the required
352	amounts under this section.
353	(9)  INSURED'S RIGHTS TO RECOVERY OF SPECIAL DAMAGES IN
354	TORT CLAIMS.--An injured person who is entitled to bring suit
355	for special damages shall have no right to recover any damages
356	for which emergency care coverage benefits are paid. A plaintiff
357	may prove all of her or his special damages notwithstanding this
358	limitation, but if special damages are introduced into evidence,
359	the trier of fact, whether a judge or jury, may not award
360	damages for emergency care coverage benefits paid. In all cases
361	in which a jury is required to fix damages, the court shall
362	instruct the jury that the plaintiff shall not recover such
363	special damages for emergency care benefits paid.
364	(10)  INSURED'S RIGHTS TO RECOVERY OF DAMAGES IN TORT
365	CLAIMS.--In any civil action seeking damages based on an injury
366	for which emergency care coverage benefits have been paid, s.
367	768.76 shall apply.
368	(11)  MANDATORY PRESUIT DEMAND LETTER.--
369	(a)  As a condition precedent to filing any action for
370	benefits under this section, the insurer must be provided with
371	written notice of an intent to initiate litigation. Such notice
372	may be sent no earlier than 90 days after a claim is submitted
373	for payment.
374	(b)  The notice required shall state that it is a
375	"statutory demand letter" and shall state with specificity:
376	1.  The name of the insured for whom such benefits are
377	being sought, including a copy of the assignment giving rights
378	to the claimant if the claimant is not the insured.
379	2.  The claim number or policy number upon which such claim
380	was originally submitted to the insurer.
381	3.  The exact amount of payment which is being sought in
382	order to avoid litigation with supporting documentation to allow
383	the insurer to determine with certainty the amount of the claim
384	and the medical necessity, procedural appropriateness,
385	reasonableness, and relation to the motor vehicle accident of
386	the treatment, services, accommodations, or supplies for which
387	payment is being sought.
388	4.  To the extent applicable, the name of any medical
389	provider who rendered to an insured the treatment, services,
390	accommodations, or supplies that form the basis of such claim,
391	and an itemized statement specifying each exact amount, the date
392	of treatment, service, or accommodation, and the type of benefit
393	claimed to be due.
394	(c)  Each notice required by this subsection must be
395	delivered to the insurer by United States certified or
396	registered mail, return receipt requested. Such postal costs
397	shall be reimbursed by the insurer if so requested by the
398	claimant in the notice, when the insurer pays the claim. Such
399	notice must be sent to the person and address specified by the
400	insurer for the purposes of receiving notices under this
401	subsection. Each licensed insurer, whether domestic, foreign, or
402	alien, shall file with the Office of Insurance Regulation
403	designation of the name and address of the person to whom
404	notices pursuant to this subsection shall be sent, which the
405	office shall make available on its Internet website. The name
406	and address on file with the office pursuant to s. 624.422 shall
407	be deemed the authorized representative to accept notice
408	pursuant to this subsection in the event no other designation
409	has been made.
410	(d)  If, within 15 days after receipt of notice by the
411	insurer, the overdue claim specified in the notice is paid by
412	the insurer together with a penalty of 10 percent of the overdue
413	amount paid by the insurer, subject to a maximum penalty of
414	$250, no action may be brought against the insurer. For purposes
415	of this subsection, payment or the insurer's agreement shall be
416	treated as being made on the date a draft or other valid
417	instrument that is equivalent to payment, or the insurer's
418	written statement of agreement, is placed in the United States
419	mail in a properly addressed, postpaid envelope or, if not so
420	posted, on the date of delivery.
421	(e)  The applicable statute of limitation for an action
422	under this section shall be tolled for a period of 15 business
423	days by the mailing of the notice required by this subsection.
424	(f)  Failure to comply with this subsection prior to
425	initiating litigation shall be grounds for an award of the
426	insurer's attorney fees and costs resulting from noncompliance.
427	(12)  DATA REPORTING.--
428	(a)  Each insurer that has issued a policy providing
429	emergency care coverage benefits shall report the renewal,
430	cancellation, or nonrenewal of such policy to the Department of
431	Highway Safety and Motor Vehicles within 45 days after the
432	effective date of the renewal, cancellation, or nonrenewal. Upon
433	the issuance of a policy providing emergency care coverage
434	benefits to a named insured not previously insured by the
435	insurer during that calendar year, the insurer shall report the
436	issuance of the new policy to the Department of Highway Safety
437	and Motor Vehicles within 30 days. The report must be in such
438	form and format and contain such information as is required by
439	the department and must include a format compatible with the
440	data processing capabilities of the department. Failure by an
441	insurer to file proper reports with the department constitutes a
442	violation of the Florida Insurance Code. Reports of
443	cancellations and policy renewals and reports of the issuance of
444	new policies received by the department may be used for
445	enforcement and regulatory purposes only, including the
446	generation by the department of data regarding compliance by
447	owners of motor vehicles with financial responsibility coverage
448	requirements. In addition, the department shall release, upon a
449	written request by a person involved in a motor vehicle
450	accident, the name of the person's attorney or of a
451	representative of the person's motor vehicle insurer, the name
452	of the insurance company, and the policy number for the policy
453	covering the vehicle named by the requesting party. The written
454	request must include a copy of the appropriate accident form as
455	provided in s. 316.065, s. 316.066, or s. 316.068.
456	(b)  For each insurance policy providing emergency care
457	coverage benefits, the insurer shall notify the named insured
458	or, in the case of a commercial fleet policy, the first named
459	insured in writing that any cancellation or nonrenewal of the
460	policy will be reported by the insurer to the department. The
461	notice must also inform the named insured that failure to
462	maintain emergency care coverage and property damage liability
463	insurance on a motor vehicle when required by law may result in
464	the loss of registration and driving privileges in this state,
465	and the notice must inform the named insured of the amount of
466	the reinstatement fees required by s. 627.7361(6). This notice
467	is for informational purposes only, and an insurer is not
468	civilly liable for failing to provide this notice.
469	(13)  SECURE ELECTRONIC DATA TRANSFER.--Any written notice,
470	documentation, transmission, or communication of any kind
471	required or permitted under this act may be accomplished by
472	secure electronic data transfer that is consistent with all
473	rights of confidentiality.
474	Section 4.  Section 627.7261, Florida Statutes, is amended
475	to read:
476	627.7261  Prior denial of coverage; volunteer driver;
477	effect on coverage or rate Refusal to issue policy.--
478	(1)  No insurer may deny an application for automobile
479	liability insurance solely on the ground that:
480	(a)  Renewal of similar coverage has been denied by another
481	insurer or on the ground of an applicant's failure to disclose
482	that such denial has occurred; or
483	(b)  The applicant is a volunteer driver.
484	(2)  No insurer may impose a surcharge or otherwise
485	increase the rate for an automobile liability policy solely on
486	the basis that the named insured, a member of the insured's
487	household, or a person who customarily operates the insured's
488	vehicle is a volunteer driver. This subsection does not prohibit
489	an insurer from refusing to renew, imposing a surcharge, or
490	otherwise raising the rate for an automobile liability insurance
491	policy based upon factors other than the volunteer status of the
492	insured driver.
493	(3)  For purposes of this section, the term "volunteer
494	driver" means a person who provides services, including
495	transporting individuals or goods, without compensation above
496	expenses to a private nonprofit agency as defined in s. 273.01
497	or charitable organization as defined in s. 736.1201.
498	Section 5.  Subsection (8) is added to section 626.2815,
499	Florida Statutes, to read:
500	626.2815  Continuing education required; application;
501	exceptions; requirements; penalties.--
502	(8)  Each person or entity sponsoring a course for
503	continuing education credit must provide that any required final
504	examination either be either open book or provided online.
505	Section 6.   Paragraph (c) of subsection (1) of section
506	627.728, Florida Statutes, is amended to read:
507	627.728  Cancellations; nonrenewals.--
508	(1)  As used in this section, the term:
509	(c)  "Nonpayment of premium" means failure of the named
510	insured to discharge when due any of her or his obligations in
511	connection with the payment of premiums on a policy or any
512	installment of such premium, whether the premium is payable
513	directly to the insurer or its agent or indirectly under any
514	premium finance plan or extension of credit, or failure to
515	maintain membership in an organization if such membership is a
516	condition precedent to insurance coverage. "Nonpayment of
517	premium" also means the failure of a financial institution to
518	honor an insurance applicant's check after delivery to a
519	licensed agent for payment of a premium, even if the agent has
520	previously delivered or transferred the premium to the insurer.;
521	further, If the dishonored check represents the initial premium
522	payment, the contract and all contractual obligations shall be
523	void ab initio unless the nonpayment is cured within the earlier
524	of 5 days after actual notice by certified mail is received by
525	the applicant or 15 days after notice is sent to the applicant
526	by certified mail or registered mail, and if the contract is
527	void, any premium received by the insurer from a third party
528	shall be refunded to that party in full. If a dishonored check
529	is made payable to the insurer, the insurer may cancel the
530	policy in accordance with paragraph (3)(a).
531	Section 7.  Subsection (1) of section 627.901, Florida
532	Statutes, is amended to read:
533	627.901  Premium financing by an insurance agent or
534	agency.--
535	(1)  A general lines agent may make reasonable service
536	charges for financing insurance premiums on policies issued or
537	business produced by such an agent or agency, s. 626.9541
538	notwithstanding. The service charge shall not exceed $3 per
539	installment. The maximum service charge shall not exceed $36 per
540	year. The service charge would also be permissible from the
541	insured when the agent processes, as a convenience and
542	accommodation to the insured, an installment payment from the
543	insured to the insurance company or premium finance company when
544	such payments can be made directly to the insurance company or
545	premium finance company by the insured. In no case may an agent
546	collect more than one service charge on any one payment. In lieu
547	of such service charges, an insurance agent or agency, at the
548	sole discretion of such agent or agency, may charge a rate of
549	interest not to exceed 18 percent simple interest per year on:
550	(a)  The unpaid balance; or
551	(b)  The average unpaid balance as billed over the term of
552	the policy and subject to endorsement changes. The interest
553	authorized by this paragraph may be billed in equal
554	installments.
555	Section 8.  Any automobile insurance policy written prior
556	to September 30, 2007, complying with the security requirement
557	of s. 627.733, Florida Statutes, shall be deemed to comply with
558	the security requirements of s. 627.7361, Florida Statutes, as
559	created by this act, until that policy expires or is terminated.
560	Section 9.  Effective October 1, 2012, ss. 627.7361,
561	627.7362, and 627.7363, Florida Statutes, as created by this
562	act, are repealed.
563	Section 10.  Subsections (1) and (3) of section 316.646,
564	Florida Statutes, are amended to read:
565	316.646  Security required; proof of security and display
566	thereof; dismissal of cases.--
567	(1)  Any person required by s. 627.7361 627.733 to maintain
568	personal injury protection security on a motor vehicle shall
569	have in his or her immediate possession at all times while
570	operating such motor vehicle proper proof of maintenance of the
571	security required by s. 627.7361 627.733 . Such proof shall be
572	either a uniform proof-of-insurance card in a form prescribed by
573	the department, a valid insurance policy, an insurance policy
574	binder, a certificate of insurance, or such other proof as may
575	be prescribed by the department.
576	(3)  Any person who violates this section is guilty of a
577	nonmoving traffic infraction subject to the penalty provided in
578	chapter 318 and shall be required to furnish proof of security
579	as provided in this section. If any person charged with a
580	violation of this section fails to furnish proof, at or before
581	the scheduled court appearance date, that security was in effect
582	at the time of the violation, the court may immediately suspend
583	the registration and driver's license of such person. Such
584	license and registration may only be reinstated as provided in
585	s. 627.7361 627.733.
586	Section 11.  Paragraph (b) of subsection (2) of section
587	318.18, Florida Statutes, is amended to read:
588	318.18  Amount of civil penalties.--The penalties required
589	for a noncriminal disposition pursuant to s. 318.14 are as
590	follows:
591	(2)  Thirty dollars for all nonmoving traffic violations
592	and:
593	(b)  For all violations of ss. 320.0605, 320.07(1),
594	322.065, and 322.15(1). Any person who is cited for a violation
595	of s. 320.07(1) shall be charged a delinquent fee pursuant to s.
596	320.07(4).
597	1.  If a person who is cited for a violation of s. 320.0605
598	or s. 320.07 can show proof of having a valid registration at
599	the time of arrest, the clerk of the court may dismiss the case
600	and may assess a dismissal fee of up to $7.50. A person who
601	finds it impossible or impractical to obtain a valid
602	registration certificate must submit an affidavit detailing the
603	reasons for the impossibility or impracticality. The reasons may
604	include, but are not limited to, the fact that the vehicle was
605	sold, stolen, or destroyed; that the state in which the vehicle
606	is registered does not issue a certificate of registration; or
607	that the vehicle is owned by another person.
608	2.  If a person who is cited for a violation of s. 322.03,
609	s. 322.065, or s. 322.15 can show a driver's license issued to
610	him or her and valid at the time of arrest, the clerk of the
611	court may dismiss the case and may assess a dismissal fee of up
612	to $7.50.
613	3.  If a person who is cited for a violation of s. 316.646
614	can show proof of security as required by s. 627.7361 627.733,
615	issued to the person and valid at the time of arrest, the clerk
616	of the court may dismiss the case and may assess a dismissal fee
617	of up to $7.50. A person who finds it impossible or impractical
618	to obtain proof of security must submit an affidavit detailing
619	the reasons for the impracticality. The reasons may include, but
620	are not limited to, the fact that the vehicle has since been
621	sold, stolen, or destroyed; that the owner or registrant of the
622	vehicle is not required by s. 627.7361 627.733 to maintain
623	security personal injury protection insurance; or that the
624	vehicle is owned by another person.
625	Section 12.  Paragraphs (a) and (d) of subsection (5) of
626	section 320.02, Florida Statutes, are amended to read:
627	320.02  Registration required; application for
628	registration; forms.--
629	(5)(a)  Proof that emergency care benefits personal injury
630	protection benefits have been purchased when required under s.
631	627.7361 627.733, that property damage liability coverage has
632	been purchased as required under s. 324.022, and that combined
633	bodily liability insurance and property damage liability
634	insurance have been purchased when required under s. 627.7415
635	shall be provided in the manner prescribed by law by the
636	applicant at the time of application for registration of any
637	motor vehicle owned as defined in s. 627.7363 627.732. The
638	issuing agent shall refuse to issue registration if such proof
639	of purchase is not provided. Insurers shall furnish uniform
640	proof-of-purchase cards in a form prescribed by the department
641	and shall include the name of the insured's insurance company,
642	the coverage identification number, the make, year, and vehicle
643	identification number of the vehicle insured. The card shall
644	contain a statement notifying the applicant of the penalty
645	specified in s. 316.646(4). The card or insurance policy,
646	insurance policy binder, or certificate of insurance or a
647	photocopy of any of these; an affidavit containing the name of
648	the insured's insurance company, the insured's policy number,
649	and the make and year of the vehicle insured; or such other
650	proof as may be prescribed by the department shall constitute
651	sufficient proof of purchase. If an affidavit is provided as
652	proof, it shall be in substantially the following form:
653
654	Under penalty of perjury, I   (Name of insured)   do hereby
655	certify that I have   (Emergency Care Coverage Personal Injury
656	Protection, Property Damage Liability, and, when required,
657	Bodily Injury Liability)   Insurance currently in effect with
658	(Name of insurance company)   under   (policy number)   covering
659	(make, year, and vehicle identification number of vehicle)  .
660	(Signature of Insured)
661
662	Such affidavit shall include the following warning:
663
664	WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
665	REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
666	LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
667	SUBJECT TO PROSECUTION.
668
669	When an application is made through a licensed motor vehicle
670	dealer as required in s. 319.23, the original or a photostatic
671	copy of such card, insurance policy, insurance policy binder, or
672	certificate of insurance or the original affidavit from the
673	insured shall be forwarded by the dealer to the tax collector of
674	the county or the Department of Highway Safety and Motor
675	Vehicles for processing. By executing the aforesaid affidavit,
676	no licensed motor vehicle dealer will be liable in damages for
677	any inadequacy, insufficiency, or falsification of any statement
678	contained therein. A card shall also indicate the existence of
679	any bodily injury liability insurance voluntarily purchased.
680	(d)  The verifying of proof of emergency care insurance
681	personal injury protection insurance, proof of combined bodily
682	liability insurance and property damage liability insurance, or
683	proof of financial responsibility insurance and the issuance or
684	failure to issue the motor vehicle registration under the
685	provisions of this chapter may not be construed in any court as
686	a warranty of the reliability or accuracy of the evidence of
687	such proof. Neither the department nor any tax collector is
688	liable in damages for any inadequacy, insufficiency,
689	falsification, or unauthorized modification of any item of the
690	proof of emergency care insurance personal injury protection
691	insurance, proof of combined bodily liability insurance and
692	property damage liability insurance, or proof of financial
693	responsibility insurance either prior to, during, or subsequent
694	to the verification of the proof. The issuance of a motor
695	vehicle registration does not constitute prima facie evidence or
696	a presumption of insurance coverage.
697	Section 13.  Paragraph (b) of subsection (1) of section
698	320.0609, Florida Statutes, is amended to read:
699	320.0609  Transfer and exchange of registration license
700	plates; transfer fee.--
701	(1)
702	(b)  The transfer of a license plate from a vehicle
703	disposed of to a newly acquired vehicle does not constitute a
704	new registration. The application for transfer shall be accepted
705	without requiring proof of emergency care personal injury
706	protection or liability insurance.
707	Section 14.  Subsection (3) of section 320.27, Florida
708	Statutes, is amended to read:
709	320.27  Motor vehicle dealers.--
710	(3)  APPLICATION AND FEE.--The application for the license
711	shall be in such form as may be prescribed by the department and
712	shall be subject to such rules with respect thereto as may be so
713	prescribed by it. Such application shall be verified by oath or
714	affirmation and shall contain a full statement of the name and
715	birth date of the person or persons applying therefor; the name
716	of the firm or copartnership, with the names and places of
717	residence of all members thereof, if such applicant is a firm or
718	copartnership; the names and places of residence of the
719	principal officers, if the applicant is a body corporate or
720	other artificial body; the name of the state under whose laws
721	the corporation is organized; the present and former place or
722	places of residence of the applicant; and prior business in
723	which the applicant has been engaged and the location thereof.
724	Such application shall describe the exact location of the place
725	of business and shall state whether the place of business is
726	owned by the applicant and when acquired, or, if leased, a true
727	copy of the lease shall be attached to the application. The
728	applicant shall certify that the location provides an adequately
729	equipped office and is not a residence; that the location
730	affords sufficient unoccupied space upon and within which
731	adequately to store all motor vehicles offered and displayed for
732	sale; and that the location is a suitable place where the
733	applicant can in good faith carry on such business and keep and
734	maintain books, records, and files necessary to conduct such
735	business, which will be available at all reasonable hours to
736	inspection by the department or any of its inspectors or other
737	employees. The applicant shall certify that the business of a
738	motor vehicle dealer is the principal business which shall be
739	conducted at that location. Such application shall contain a
740	statement that the applicant is either franchised by a
741	manufacturer of motor vehicles, in which case the name of each
742	motor vehicle that the applicant is franchised to sell shall be
743	included, or an independent (nonfranchised) motor vehicle
744	dealer. Such application shall contain such other relevant
745	information as may be required by the department, including
746	evidence that the applicant is insured under a garage liability
747	insurance policy, which shall include, at a minimum, $25,000
748	combined single-limit liability coverage including bodily injury
749	and property damage protection and $10,000 emergency care
750	benefits $10,000 personal injury protection. Such policy shall
751	be for the license period, and evidence of a new or continued
752	policy shall be delivered to the department at the beginning of
753	each license period. Upon making such initial application, the
754	person applying therefor shall pay to the department a fee of
755	$300 in addition to any other fees now required by law; upon
756	making a subsequent renewal application, the person applying
757	therefor shall pay to the department a fee of $75 in addition to
758	any other fees now required by law. Upon making an application
759	for a change of location, the person shall pay a fee of $50 in
760	addition to any other fees now required by law. The department
761	shall, in the case of every application for initial licensure,
762	verify whether certain facts set forth in the application are
763	true. Each applicant, general partner in the case of a
764	partnership, or corporate officer and director in the case of a
765	corporate applicant, must file a set of fingerprints with the
766	department for the purpose of determining any prior criminal
767	record or any outstanding warrants. The department shall submit
768	the fingerprints to the Department of Law Enforcement for state
769	processing and forwarding to the Federal Bureau of Investigation
770	for federal processing. The actual cost of such state and
771	federal processing shall be borne by the applicant and is to be
772	in addition to the fee for licensure. The department may issue a
773	license to an applicant pending the results of the fingerprint
774	investigation, which license is fully revocable if the
775	department subsequently determines that any facts set forth in
776	the application are not true or correctly represented.
777	Section 15.  Paragraph (j) of subsection (3) of section
778	320.771, Florida Statutes, is amended to read:
779	320.771  License required of recreational vehicle
780	dealers.--
781	(3)  APPLICATION.--The application for such license shall
782	be in the form prescribed by the department and subject to such
783	rules as may be prescribed by it. The application shall be
784	verified by oath or affirmation and shall contain:
785	(j)  A statement that the applicant is insured under a
786	garage liability insurance policy, which shall include, at a
787	minimum, $25,000 combined single-limit liability coverage,
788	including bodily injury and property damage protection, and
789	$10,000 emergency care coverage $10,000 personal injury
790	protection, if the applicant is to be licensed as a dealer in,
791	or intends to sell, recreational vehicles.
792
793	The department shall, if it deems necessary, cause an
794	investigation to be made to ascertain if the facts set forth in
795	the application are true and shall not issue a license to the
796	applicant until it is satisfied that the facts set forth in the
797	application are true.
798	Section 16.  Subsection (1) of section 322.251, Florida
799	Statutes, is amended to read:
800	322.251  Notice of cancellation, suspension, revocation, or
801	disqualification of license.--
802	(1)  All orders of cancellation, suspension, revocation, or
803	disqualification issued under the provisions of this chapter,
804	chapter 318, chapter 324, or s. 627.7361 ss. 627.732-627.734
805	shall be given either by personal delivery thereof to the
806	licensee whose license is being canceled, suspended, revoked, or
807	disqualified or by deposit in the United States mail in an
808	envelope, first class, postage prepaid, addressed to the
809	licensee at his or her last known mailing address furnished to
810	the department. Such mailing by the department constitutes
811	notification, and any failure by the person to receive the
812	mailed order will not affect or stay the effective date or term
813	of the cancellation, suspension, revocation, or disqualification
814	of the licensee's driving privilege.
815	Section 17.  Paragraph (a) of subsection (8) of section
816	322.34, Florida Statutes, is amended to read:
817	322.34  Driving while license suspended, revoked, canceled,
818	or disqualified.--
819	(8)(a)  Upon the arrest of a person for the offense of
820	driving while the person's driver's license or driving privilege
821	is suspended or revoked, the arresting officer shall determine:
822	1.  Whether the person's driver's license is suspended or
823	revoked.
824	2.  Whether the person's driver's license has remained
825	suspended or revoked since a conviction for the offense of
826	driving with a suspended or revoked license.
827	3.  Whether the suspension or revocation was made under s.
828	627.7361 316.646 or s. 627.733, relating to failure to maintain
829	required security, or under s. 322.264, relating to habitual
830	traffic offenders.
831	4.  Whether the driver is the registered owner or coowner
832	of the vehicle.
833	Section 18.  Subsection (1) and paragraph (c) of subsection
834	(9) of section 324.021, Florida Statutes, are amended to read:
835	324.021  Definitions; minimum insurance required.--The
836	following words and phrases when used in this chapter shall, for
837	the purpose of this chapter, have the meanings respectively
838	ascribed to them in this section, except in those instances
839	where the context clearly indicates a different meaning:
840	(1)  MOTOR VEHICLE.--Every self-propelled vehicle which is
841	designed and required to be licensed for use upon a highway,
842	including trailers and semitrailers designed for use with such
843	vehicles, except traction engines, road rollers, farm tractors,
844	power shovels, and well drillers, and every vehicle which is
845	propelled by electric power obtained from overhead wires but not
846	operated upon rails, but not including any bicycle or moped.
847	However, the term "motor vehicle" shall not include any motor
848	vehicle as defined in s. 627.7362 627.732(3) when the owner of
849	such vehicle has complied with the requirements of s. 627.7361
850	ss. 627.730-627.7405, inclusive, unless the provisions of s.
851	324.051 apply; and, in such case, the applicable proof of
852	insurance provisions of s. 320.02 apply.
853	(9)  OWNER; OWNER/LESSOR.--
854	(c)  Application.--
855	1.  The limits on liability in subparagraphs (b)2. and 3.
856	do not apply to an owner of motor vehicles that are used for
857	commercial activity in the owner's ordinary course of business,
858	other than a rental company that rents or leases motor vehicles.
859	For purposes of this paragraph, the term "rental company"
860	includes only an entity that is engaged in the business of
861	renting or leasing motor vehicles to the general public and that
862	rents or leases a majority of its motor vehicles to persons with
863	no direct or indirect affiliation with the rental company. The
864	term also includes a motor vehicle dealer that provides
865	temporary replacement vehicles to its customers for up to 10
866	days. The term "rental company" also includes:
867	a.  A related rental or leasing company that is a
868	subsidiary of the same parent company as that of the renting or
869	leasing company that rented or leased the vehicle.
870	b.  The holder of a motor vehicle title or an equity
871	interest in a motor vehicle title if the title or equity
872	interest is held pursuant to or to facilitate an asset-backed
873	securitization of a fleet of motor vehicles used solely in the
874	business of renting or leasing motor vehicles to the general
875	public and under the dominion and control of a rental company,
876	as described in this subparagraph, in the operation of such
877	rental company's business.
878	2.  Furthermore, with respect to a commercial motor vehicle
879	vehicles as defined in s. 627.732, the limits on liability in
880	subparagraphs (b)2. and 3. do not apply if, at the time of the
881	incident, the commercial motor vehicle is being used in the
882	transportation of 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., and that is
885	required pursuant to such act to carry placards warning others
886	of the hazardous cargo, unless at the time of lease or rental
887	either:
888	a.  The lessee indicates in writing that the vehicle will
889	not be used to transport materials found to be hazardous for the
890	purposes of the Hazardous Materials Transportation Authorization
891	Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
892	b.  The lessee or other operator of the commercial motor
893	vehicle has in effect insurance with limits of at least
894	$5,000,000 combined property damage and bodily injury liability.
895
896	For the purposes of this subparagraph, the term "commercial
897	motor vehicle" does not include a motor vehicle that is a sedan,
898	station wagon, or jeep-type vehicle and, if not used primarily
899	for occupational, professional, or business purposes, a motor
900	vehicle of the pickup, panel, van, camper, or motor home type.
901	Section 19.  Section 324.022, Florida Statutes, is amended
902	to read:
903	324.022  Financial responsibility for property damage.--
904	(1)  Every owner or operator of a motor vehicle, which
905	motor vehicle is subject to the requirements of s. 627.7361 ss.
906	627.730-627.7405 and required to be registered in this state,
907	shall, by one of the methods established in s. 324.031 or by
908	having a policy that complies with s. 627.7275, establish and
909	maintain the ability to respond in damages for liability on
910	account of accidents arising out of the use of the motor vehicle
911	in the amount of $10,000 because of damage to, or destruction
912	of, property of others in any one crash. The requirements of
913	this section may also be met by having a policy which provides
914	coverage in the amount of at least $30,000 for combined property
915	damage liability and bodily injury liability for any one crash
916	arising out of the use of the motor vehicle. No insurer shall
917	have any duty to defend uncovered claims irrespective of their
918	joinder with covered claims.
919	(2)  For the purposes of this section, the term:
920	(a)  "Motor vehicle" means any self-propelled vehicle with
921	four or more wheels which is of a type both designed and
922	required to be licensed for use on the highways of this state
923	and any trailer or semitrailer designed for use with such
924	vehicle and includes a private passenger motor vehicle and a
925	commercial motor vehicle. The term "motor vehicle" does not
926	include a mobile home or any motor vehicle which is used in mass
927	transit, other than public school transportation, and designed
928	to transport more than five passengers exclusive of the operator
929	of the motor vehicle and which is owned by a municipality, a
930	transit authority, or a political subdivision of the state.
931	(b)  "Private passenger motor vehicle" means any motor
932	vehicle which is a sedan, station wagon, or jeep-type vehicle
933	and, if not used primarily for occupational, professional, or
934	business purposes, a motor vehicle of the pickup, panel, van,
935	camper, or motor home type.
936	(c)  "Commercial motor vehicle" means any motor vehicle
937	which is not a private passenger motor vehicle.
938	Section 20.  Subsection (2) of section 324.171, Florida
939	Statutes, is amended to read:
940	324.171  Self-insurer.--
941	(2)  The self-insurance certificate shall provide limits of
942	liability insurance in the amounts specified under s. 324.021(7)
943	or s. 627.7415 and shall provide emergency care personal injury
944	protection coverage under s. 627.7361(3)(b) 627.733(3)(b).
945	Section 21.  Paragraph (g) of subsection (1) of section
946	400.9935, Florida Statutes, is amended to read:
947	400.9935  Clinic responsibilities.--
948	(1)  Each clinic shall appoint a medical director or clinic
949	director who shall agree in writing to accept legal
950	responsibility for the following activities on behalf of the
951	clinic. The medical director or the clinic director shall:
952	(g)  Conduct systematic reviews of clinic billings to
953	ensure that the billings are not fraudulent or unlawful. Upon
954	discovery of an unlawful charge, the medical director or clinic
955	director shall take immediate corrective action. If the clinic
956	performs only the technical component of magnetic resonance
957	imaging, static radiographs, computed tomography, or positron
958	emission tomography, and provides the professional
959	interpretation of such services, in a fixed facility that is
960	accredited by the Joint Commission on Accreditation of
961	Healthcare Organizations or the Accreditation Association for
962	Ambulatory Health Care, and the American College of Radiology;
963	and if, in the preceding quarter, the percentage of scans
964	performed by that clinic which was billed to all personal injury
965	protection insurance carriers was less than 15 percent, the
966	chief financial officer of the clinic may, in a written
967	acknowledgment provided to the agency, assume the responsibility
968	for the conduct of the systematic reviews of clinic billings to
969	ensure that the billings are not fraudulent or unlawful.
970	Section 22.  Subsection (27) of section 409.901, Florida
971	Statutes, is amended to read:
972	409.901  Definitions; ss. 409.901-409.920.--As used in ss.
973	409.901-409.920, except as otherwise specifically provided, the
974	term:
975	(27)  "Third-party benefit" means any benefit that is or
976	may be available at any time through contract, court award,
977	judgment, settlement, agreement, or any arrangement between a
978	third party and any person or entity, including, without
979	limitation, a Medicaid recipient, a provider, another third
980	party, an insurer, or the agency, for any Medicaid-covered
981	injury, illness, goods, or services, including costs of medical
982	services related thereto, for personal injury or for death of
983	the recipient, but specifically excluding policies of life
984	insurance on the recipient, unless available under terms of the
985	policy to pay medical expenses prior to death. The term
986	includes, without limitation, collateral, as defined in this
987	section, health insurance, any benefit under a health
988	maintenance organization, a preferred provider arrangement, a
989	prepaid health clinic, liability insurance, uninsured motorist
990	insurance or emergency care personal injury protection coverage,
991	medical benefits under workers' compensation, and any obligation
992	under law or equity to provide medical support.
993	Section 23.  Paragraph (f) of subsection (11) of section
994	409.910, Florida Statutes, is amended to read:
995	409.910  Responsibility for payments on behalf of Medicaid-
996	eligible persons when other parties are liable.--
997	(11)  The agency may, as a matter of right, in order to
998	enforce its rights under this section, institute, intervene in,
999	or join any legal or administrative proceeding in its own name
1000	in one or more of the following capacities: individually, as
1001	subrogee of the recipient, as assignee of the recipient, or as
1002	lienholder of the collateral.
1003	(f)  Notwithstanding any provision in this section to the
1004	contrary, in the event of an action in tort against a third
1005	party in which the recipient or his or her legal representative
1006	is a party which results in a judgment, award, or settlement
1007	from a third party, the amount recovered shall be distributed as
1008	follows:
1009	1.  After attorney's fees and taxable costs as defined by
1010	the Florida Rules of Civil Procedure, one-half of the remaining
1011	recovery shall be paid to the agency up to the total amount of
1012	medical assistance provided by Medicaid.
1013	2.  The remaining amount of the recovery shall be paid to
1014	the recipient.
1015	3.  For purposes of calculating the agency's recovery of
1016	medical assistance benefits paid, the fee for services of an
1017	attorney retained by the recipient or his or her legal
1018	representative shall be calculated at 25 percent of the
1019	judgment, award, or settlement.
1020	4.  Notwithstanding any provision of this section to the
1021	contrary, the agency shall be entitled to all medical coverage
1022	benefits up to the total amount of medical assistance provided
1023	by Medicaid. For purposes of this paragraph, "medical coverage"
1024	means any benefits under health insurance, a health maintenance
1025	organization, a preferred provider arrangement, or a prepaid
1026	health clinic, and the portion of benefits designated for
1027	medical payments under coverage for workers' compensation,
1028	emergency care personal injury protection, and casualty.
1029	Section 24.  Paragraph (k) of subsection (2) of section
1030	456.057, Florida Statutes, is amended to read:
1031	456.057  Ownership and control of patient records; report
1032	or copies of records to be furnished.--
1033	(2)  As used in this section, the terms "records owner,"
1034	"health care practitioner," and "health care practitioner's
1035	employer" do not include any of the following persons or
1036	entities; furthermore, the following persons or entities are not
1037	authorized to acquire or own medical records, but are authorized
1038	under the confidentiality and disclosure requirements of this
1039	section to maintain those documents required by the part or
1040	chapter under which they are licensed or regulated:
1041	(k)  Persons or entities practicing under s. 627.736(7).
1042	Section 25.  Paragraphs (ee) and (ff) of subsection (1) of
1043	section 456.072, Florida Statutes, are amended to read:
1044	456.072  Grounds for discipline; penalties; enforcement.--
1045	(1)  The following acts shall constitute grounds for which
1046	the disciplinary actions specified in subsection (2) may be
1047	taken:
1048	(ee)  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 that has been "upcoded,"
1051	which means submitting a billing code that would result in
1052	payment greater in amount that would be paid using the billing
1053	code that actually describes the services performed as defined
1054	in s. 627.732.
1055	(ff)  With respect to making an emergency care a personal
1056	injury protection claim as required by s. 627.736, intentionally
1057	submitting a claim, statement, or bill for payment of services
1058	that were not rendered.
1059	Section 26.  Paragraph (o) of subsection (1) of section
1060	626.9541, Florida Statutes, is amended to read:
1061	626.9541  Unfair methods of competition and unfair or
1062	deceptive acts or practices defined.--
1063	(1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
1064	ACTS.--The following are defined as unfair methods of
1065	competition and unfair or deceptive acts or practices:
1066	(o)  Illegal dealings in premiums; excess or reduced
1067	charges for insurance.--
1068	1.  Knowingly collecting any sum as a premium or charge for
1069	insurance, which is not then provided, or is not in due course
1070	to be provided, subject to acceptance of the risk by the
1071	insurer, by an insurance policy issued by an insurer as
1072	permitted by this code.
1073	2.  Knowingly collecting as a premium or charge for
1074	insurance any sum in excess of or less than the premium or
1075	charge applicable to such insurance, in accordance with the
1076	applicable classifications and rates as filed with and approved
1077	by the office, and as specified in the policy; or, in cases when
1078	classifications, premiums, or rates are not required by this
1079	code to be so filed and approved, premiums and charges collected
1080	from a Florida resident in excess of or less than those
1081	specified in the policy and as fixed by the insurer. This
1082	provision shall not be deemed to prohibit the charging and
1083	collection, by surplus lines agents licensed under part VIII of
1084	this chapter, of the amount of applicable state and federal
1085	taxes, or fees as authorized by s. 626.916(4), in addition to
1086	the premium required by the insurer or the charging and
1087	collection, by licensed agents, of the exact amount of any
1088	discount or other such fee charged by a credit card facility in
1089	connection with the use of a credit card, as authorized by
1090	subparagraph (q)3., in addition to the premium required by the
1091	insurer. This subparagraph shall not be construed to prohibit
1092	collection of a premium for a universal life or a variable or
1093	indeterminate value insurance policy made in accordance with the
1094	terms of the contract.
1095	3.a.  Imposing or requesting an additional premium for a
1096	policy of motor vehicle liability, emergency care coverage
1097	personal injury protection, medical payment, or collision
1098	insurance or any combination thereof or refusing to renew the
1099	policy solely because the insured was involved in a motor
1100	vehicle accident unless the insurer's file contains information
1101	from which the insurer in good faith determines that the insured
1102	was substantially at fault in the accident.
1103	b.  An insurer which imposes and collects such a surcharge
1104	or which refuses to renew such policy shall, in conjunction with
1105	the notice of premium due or notice of nonrenewal, notify the
1106	named insured that he or she is entitled to reimbursement of
1107	such amount or renewal of the policy under the conditions listed
1108	below and will subsequently reimburse him or her or renew the
1109	policy, if the named insured demonstrates that the operator
1110	involved in the accident was:
1111	(I)  Lawfully parked;
1112	(II)  Reimbursed by, or on behalf of, a person responsible
1113	for the accident or has a judgment against such person;
1114	(III)  Struck in the rear by another vehicle headed in the
1115	same direction and was not convicted of a moving traffic
1116	violation in connection with the accident;
1117	(IV)  Hit by a "hit-and-run" driver, if the accident was
1118	reported to the proper authorities within 24 hours after
1119	discovering the accident;
1120	(V)  Not convicted of a moving traffic violation in
1121	connection with the accident, but the operator of the other
1122	automobile involved in such accident was convicted of a moving
1123	traffic violation;
1124	(VI)  Finally adjudicated not to be liable by a court of
1125	competent jurisdiction;
1126	(VII)  In receipt of a traffic citation which was dismissed
1127	or nolle prossed; or
1128	(VIII)  Not at fault as evidenced by a written statement
1129	from the insured establishing facts demonstrating lack of fault
1130	which are not rebutted by information in the insurer's file from
1131	which the insurer in good faith determines that the insured was
1132	substantially at fault.
1133	c.  In addition to the other provisions of this
1134	subparagraph, an insurer may not fail to renew a policy if the
1135	insured has had only one accident in which he or she was at
1136	fault within the current 3-year period. However, an insurer may
1137	nonrenew a policy for reasons other than accidents in accordance
1138	with s. 627.728. This subparagraph does not prohibit nonrenewal
1139	of a policy under which the insured has had three or more
1140	accidents, regardless of fault, during the most recent 3-year
1141	period.
1142	4.  Imposing or requesting an additional premium for, or
1143	refusing to renew, a policy for motor vehicle insurance solely
1144	because the insured committed a noncriminal traffic infraction
1145	as described in s. 318.14 unless the infraction is:
1146	a.  A second infraction committed within an 18-month
1147	period, or a third or subsequent infraction committed within a
1148	36-month period.
1149	b.  A violation of s. 316.183, when such violation is a
1150	result of exceeding the lawful speed limit by more than 15 miles
1151	per hour.
1152	5.  Upon the request of the insured, the insurer and
1153	licensed agent shall supply to the insured the complete proof of
1154	fault or other criteria which justifies the additional charge or
1155	cancellation.
1156	6.  No insurer shall impose or request an additional
1157	premium for motor vehicle insurance, cancel or refuse to issue a
1158	policy, or refuse to renew a policy because the insured or the
1159	applicant is a handicapped or physically disabled person, so
1160	long as such handicap or physical disability does not
1161	substantially impair such person's mechanically assisted driving
1162	ability.
1163	7.  No insurer may cancel or otherwise terminate any
1164	insurance contract or coverage, or require execution of a
1165	consent to rate endorsement, during the stated policy term for
1166	the purpose of offering to issue, or issuing, a similar or
1167	identical contract or coverage to the same insured with the same
1168	exposure at a higher premium rate or continuing an existing
1169	contract or coverage with the same exposure at an increased
1170	premium.
1171	8.  No insurer may issue a nonrenewal notice on any
1172	insurance contract or coverage, or require execution of a
1173	consent to rate endorsement, for the purpose of offering to
1174	issue, or issuing, a similar or identical contract or coverage
1175	to the same insured at a higher premium rate or continuing an
1176	existing contract or coverage at an increased premium without
1177	meeting any applicable notice requirements.
1178	9.  No insurer shall, with respect to premiums charged for
1179	motor vehicle insurance, unfairly discriminate solely on the
1180	basis of age, sex, marital status, or scholastic achievement.
1181	10.  Imposing or requesting an additional premium for motor
1182	vehicle comprehensive or uninsured motorist coverage solely
1183	because the insured was involved in a motor vehicle accident or
1184	was convicted of a moving traffic violation.
1185	11.  No insurer shall cancel or issue a nonrenewal notice
1186	on any insurance policy or contract without complying with any
1187	applicable cancellation or nonrenewal provision required under
1188	the Florida Insurance Code.
1189	12.  No insurer shall impose or request an additional
1190	premium, cancel a policy, or issue a nonrenewal notice on any
1191	insurance policy or contract because of any traffic infraction
1192	when adjudication has been withheld and no points have been
1193	assessed pursuant to s. 318.14(9) and (10). However, this
1194	subparagraph does not apply to traffic infractions involving
1195	accidents in which the insurer has incurred a loss due to the
1196	fault of the insured.
1197	Section 27.  Subsection (1) of section 627.06501, Florida
1198	Statutes, is amended to read:
1199	627.06501  Insurance discounts for certain persons
1200	completing driver improvement course.--
1201	(1)  Any rate, rating schedule, or rating manual for the
1202	liability, emergency care personal injury protection, and
1203	collision coverages of a motor vehicle insurance policy filed
1204	with the office may provide for an appropriate reduction in
1205	premium charges as to such coverages when the principal operator
1206	on the covered vehicle has successfully completed a driver
1207	improvement course approved and certified by the Department of
1208	Highway Safety and Motor Vehicles which is effective in reducing
1209	crash or violation rates, or both, as determined pursuant to s.
1210	318.1451(5). Any discount, not to exceed 10 percent, used by an
1211	insurer is presumed to be appropriate unless credible data
1212	demonstrates otherwise.
1213	Section 28.  Subsection (1) of section 627.0652, Florida
1214	Statutes, is amended to read:
1215	627.0652  Insurance discounts for certain persons
1216	completing safety course.--
1217	(1)  Any rates, rating schedules, or rating manuals for the
1218	liability, emergency care personal injury protection, and
1219	collision coverages of a motor vehicle insurance policy filed
1220	with the office shall provide for an appropriate reduction in
1221	premium charges as to such coverages when the principal operator
1222	on the covered vehicle is an insured 55 years of age or older
1223	who has successfully completed a motor vehicle accident
1224	prevention course approved by the Department of Highway Safety
1225	and Motor Vehicles. Any discount used by an insurer is presumed
1226	to be appropriate unless credible data demonstrates otherwise.
1227	Section 29.  Subsections (1) and (3) of section 627.0653,
1228	Florida Statutes, are amended to read:
1229	627.0653  Insurance discounts for specified motor vehicle
1230	equipment.--
1231	(1)  Any rates, rating schedules, or rating manuals for the
1232	liability, emergency care personal injury protection, and
1233	collision coverages of a motor vehicle insurance policy filed
1234	with the office shall provide a premium discount if the insured
1235	vehicle is equipped with factory-installed, four-wheel antilock
1236	brakes.
1237	(3)  Any rates, rating schedules, or rating manuals for
1238	emergency care personal injury protection coverage and medical
1239	payments coverage, if offered, of a motor vehicle insurance
1240	policy filed with the office shall provide a premium discount if
1241	the insured vehicle is equipped with one or more air bags which
1242	are factory installed.
1243	Section 30.  Section 627.4132, Florida Statutes, is amended
1244	to read:
1245	627.4132  Stacking of coverages prohibited.--If an insured
1246	or named insured is protected by any type of motor vehicle
1247	insurance policy for liability, emergency care personal injury
1248	protection, or other coverage, the policy shall provide that the
1249	insured or named insured is protected only to the extent of the
1250	coverage she or he has on the vehicle involved in the accident.
1251	However, if none of the insured's or named insured's vehicles is
1252	involved in the accident, coverage is available only to the
1253	extent of coverage on any one of the vehicles with applicable
1254	coverage. Coverage on any other vehicles shall not be added to
1255	or stacked upon that coverage. This section does not apply:
1256	(1)  To uninsured motorist coverage which is separately
1257	governed by s. 627.727.
1258	(2)  To reduce the coverage available by reason of
1259	insurance policies insuring different named insureds.
1260	Section 31.  Subsection (6) of section 627.6482, Florida
1261	Statutes, is amended to read:
1262	627.6482  Definitions.--As used in ss. 627.648-627.6498,
1263	the term:
1264	(6)  "Health insurance" means any hospital and medical
1265	expense incurred policy, minimum premium plan, stop-loss
1266	coverage, health maintenance organization contract, prepaid
1267	health clinic contract, multiple-employer welfare arrangement
1268	contract, or fraternal benefit society health benefits contract,
1269	whether sold as an individual or group policy or contract. The
1270	term does not include any policy covering medical payment
1271	coverage or emergency care personal injury protection coverage
1272	in a motor vehicle policy, coverage issued as a supplement to
1273	liability insurance, or workers' compensation.
1274	Section 32.  Section 627.7263, Florida Statutes, is amended
1275	to read:
1276	627.7263  Rental and leasing driver's insurance to be
1277	primary; exception.--
1278	(1)  The valid and collectible liability insurance or
1279	emergency care personal injury protection insurance providing
1280	coverage for the lessor of a motor vehicle for rent or lease is
1281	primary unless otherwise stated in at least 10-point type on the
1282	face of the rental or lease agreement. Such insurance is primary
1283	for the limits of liability and emergency care personal injury
1284	protection coverage as required by ss. 324.021(7) and 627.7363
1285	627.736.
1286	(2)  If the lessee's coverage is to be primary, the rental
1287	or lease agreement must contain the following language, in at
1288	least 10-point type:
1289
1290	"The valid and collectible liability insurance and
1291	emergency care personal injury protection insurance of any
1292	authorized rental or leasing driver is primary for the
1293	limits of liability and emergency care personal injury
1294	protection coverage required by ss. 324.021(7) and 627.7363
1295	627.736, Florida Statutes."
1296
1297	Section 33.  Subsections (1), (7), (8), (9), and (10) of
1298	section 627.727, Florida Statutes, are amended to read:
1299	627.727  Motor vehicle insurance; uninsured and
1300	underinsured vehicle coverage; insolvent insurer protection.--
1301	(1)  No motor vehicle liability insurance policy which
1302	provides bodily injury liability coverage shall be delivered or
1303	issued for delivery in this state with respect to any
1304	specifically insured or identified motor vehicle registered or
1305	principally garaged in this state unless uninsured motor vehicle
1306	coverage is provided therein or supplemental thereto for the
1307	protection of persons insured thereunder who are legally
1308	entitled to recover damages from owners or operators of
1309	uninsured motor vehicles because of bodily injury, sickness, or
1310	disease, including death, resulting therefrom. However, the
1311	coverage required under this section is not applicable when, or
1312	to the extent that, an insured named in the policy makes a
1313	written rejection of the coverage on behalf of all insureds
1314	under the policy. When a motor vehicle is leased for a period of
1315	1 year or longer and the lessor of such vehicle, by the terms of
1316	the lease contract, provides liability coverage on the leased
1317	vehicle, the lessee of such vehicle shall have the sole
1318	privilege to reject uninsured motorist coverage or to select
1319	lower limits than the bodily injury liability limits, regardless
1320	of whether the lessor is qualified as a self-insurer pursuant to
1321	s. 324.171. Unless an insured, or lessee having the privilege of
1322	rejecting uninsured motorist coverage, requests such coverage or
1323	requests higher uninsured motorist limits in writing, the
1324	coverage or such higher uninsured motorist limits need not be
1325	provided in or supplemental to any other policy which renews,
1326	extends, changes, supersedes, or replaces an existing policy
1327	with the same bodily injury liability limits when an insured or
1328	lessee had rejected the coverage. When an insured or lessee has
1329	initially selected limits of uninsured motorist coverage lower
1330	than her or his bodily injury liability limits, higher limits of
1331	uninsured motorist coverage need not be provided in or
1332	supplemental to any other policy which renews, extends, changes,
1333	supersedes, or replaces an existing policy with the same bodily
1334	injury liability limits unless an insured requests higher
1335	uninsured motorist coverage in writing. The rejection or
1336	selection of lower limits shall be made on a form approved by
1337	the office. The form shall fully advise the applicant of the
1338	nature of the coverage and shall state that the coverage is
1339	equal to bodily injury liability limits unless lower limits are
1340	requested or the coverage is rejected. The heading of the form
1341	shall be in 12-point bold type and shall state: "You are
1342	electing not to purchase certain valuable coverage which
1343	protects you and your family or you are purchasing uninsured
1344	motorist limits less than your bodily injury liability limits
1345	when you sign this form. Please read carefully." If this form is
1346	signed by a named insured, it will be conclusively presumed that
1347	there was an informed, knowing rejection of coverage or election
1348	of lower limits on behalf of all insureds. The insurer shall
1349	notify the named insured at least annually of her or his options
1350	as to the coverage required by this section. Such notice shall
1351	be part of, and attached to, the notice of premium, shall
1352	provide for a means to allow the insured to request such
1353	coverage, and shall be given in a manner approved by the office.
1354	Receipt of this notice does not constitute an affirmative waiver
1355	of the insured's right to uninsured motorist coverage where the
1356	insured has not signed a selection or rejection form. The
1357	coverage described under this section shall be over and above,
1358	but shall not duplicate, the benefits available to an insured
1359	under any workers' compensation law, emergency care personal
1360	injury protection benefits, disability benefits law, or similar
1361	law; under any automobile medical expense coverage; under any
1362	motor vehicle liability insurance coverage; or from the owner or
1363	operator of the uninsured motor vehicle or any other person or
1364	organization jointly or severally liable together with such
1365	owner or operator for the accident; and such coverage shall
1366	cover the difference, if any, between the sum of such benefits
1367	and the damages sustained, up to the maximum amount of such
1368	coverage provided under this section. The amount of coverage
1369	available under this section shall not be reduced by a setoff
1370	against any coverage, including liability insurance. Such
1371	coverage shall not inure directly or indirectly to the benefit
1372	of any workers' compensation or disability benefits carrier or
1373	any person or organization qualifying as a self-insurer under
1374	any workers' compensation or disability benefits law or similar
1375	law.
1376	(7)  The legal liability of an uninsured motorist coverage
1377	insurer does not include damages in tort for pain, suffering,
1378	mental anguish, and inconvenience unless the injury or disease
1379	is described in one or more of paragraphs (a)-(d) of s.
1380	627.737(2).
1381	(7)(8)  The provisions of s. 627.428 do not apply to any
1382	action brought pursuant to this section against the uninsured
1383	motorist insurer unless there is a dispute over whether the
1384	policy provides coverage for an uninsured motorist proven to be
1385	liable for the accident.
1386	(8)(9)  Insurers may offer policies of uninsured motorist
1387	coverage containing policy provisions, in language approved by
1388	the office, establishing that if the insured accepts this offer:
1389	(a)  The coverage provided as to two or more motor vehicles
1390	shall not be added together to determine the limit of insurance
1391	coverage available to an injured person for any one accident,
1392	except as provided in paragraph (c).
1393	(b)  If at the time of the accident the injured person is
1394	occupying a motor vehicle, the uninsured motorist coverage
1395	available to her or him is the coverage available as to that
1396	motor vehicle.
1397	(c)  If the injured person is occupying a motor vehicle
1398	which is not owned by her or him or by a family member residing
1399	with her or him, the injured person is entitled to the highest
1400	limits of uninsured motorist coverage afforded for any one
1401	vehicle as to which she or he is a named insured or insured
1402	family member. Such coverage shall be excess over the coverage
1403	on the vehicle the injured person is occupying.
1404	(d)  The uninsured motorist coverage provided by the policy
1405	does not apply to the named insured or family members residing
1406	in her or his household who are injured while occupying any
1407	vehicle owned by such insureds for which uninsured motorist
1408	coverage was not purchased.
1409	(e)  If, at the time of the accident the injured person is
1410	not occupying a motor vehicle, she or he is entitled to select
1411	any one limit of uninsured motorist coverage for any one vehicle
1412	afforded by a policy under which she or he is insured as a named
1413	insured or as an insured resident of the named insured's
1414	household.
1415
1416	In connection with the offer authorized by this subsection,
1417	insurers shall inform the named insured, applicant, or lessee,
1418	on a form approved by the office, of the limitations imposed
1419	under this subsection and that such coverage is an alternative
1420	to coverage without such limitations. If this form is signed by
1421	a named insured, applicant, or lessee, it shall be conclusively
1422	presumed that there was an informed, knowing acceptance of such
1423	limitations. When the named insured, applicant, or lessee has
1424	initially accepted such limitations, such acceptance shall apply
1425	to any policy which renews, extends, changes, supersedes, or
1426	replaces an existing policy unless the named insured requests
1427	deletion of such limitations and pays the appropriate premium
1428	for such coverage. Any insurer who provides coverage which
1429	includes the limitations provided in this subsection shall file
1430	revised premium rates with the office for such uninsured
1431	motorist coverage to take effect prior to initially providing
1432	such coverage. The revised rates shall reflect the anticipated
1433	reduction in loss costs attributable to such limitations but
1434	shall in any event reflect a reduction in the uninsured motorist
1435	coverage premium of at least 20 percent for policies with such
1436	limitations. Such filing shall not increase the rates for
1437	coverage which does not contain the limitations authorized by
1438	this subsection, and such rates shall remain in effect until the
1439	insurer demonstrates the need for a change in uninsured motorist
1440	rates pursuant to s. 627.0651.
1441	(9)(10)  The damages recoverable from an uninsured motorist
1442	carrier in an action brought under s. 624.155 shall include the
1443	total amount of the claimant's damages, including the amount in
1444	excess of the policy limits, any interest on unpaid benefits,
1445	reasonable attorney's fees and costs, and any damages caused by
1446	a violation of a law of this state. The total amount of the
1447	claimant's damages is recoverable whether caused by an insurer
1448	or by a third-party tortfeasor.
1449	Section 34.  Subsection (1) and paragraphs (a) and (b) of
1450	subsection (2) of section 627.7275, Florida Statutes, are
1451	amended to read:
1452	627.7275  Motor vehicle liability.--
1453	(1)  A motor vehicle insurance policy providing emergency
1454	care coverage personal injury protection as set forth in s.
1455	627.7363 627.736 may not be delivered or issued for delivery in
1456	this state with respect to any specifically insured or
1457	identified motor vehicle registered or principally garaged in
1458	this state unless the policy also provides coverage for property
1459	damage liability in the amount of at least $10,000 because of
1460	damage to, or destruction of, property of others in any one
1461	accident arising out of the use of the motor vehicle or unless
1462	the policy provides coverage in the amount of at least $30,000
1463	for combined property damage liability and bodily injury
1464	liability in any one accident arising out of the use of the
1465	motor vehicle. The policy, as to coverage of property damage
1466	liability, must meet the applicable requirements of s. 324.151,
1467	subject to the usual policy exclusions that have been approved
1468	in policy forms by the office.
1469	(2)(a)  Insurers writing motor vehicle insurance in this
1470	state shall make available, subject to the insurers' usual
1471	underwriting restrictions:
1472	1.  Coverage under policies as described in subsection (1)
1473	to any applicant for private passenger motor vehicle insurance
1474	coverage who is seeking the coverage in order to reinstate the
1475	applicant's driving privileges in this state when the driving
1476	privileges were revoked or suspended pursuant to s. 316.646 or
1477	s. 627.7361 627.733 due to the failure of the applicant to
1478	maintain required security.
1479	2.  Coverage under policies as described in subsection (1),
1480	which also provides liability coverage for bodily injury, death,
1481	and property damage arising out of the ownership, maintenance,
1482	or use of the motor vehicle in an amount not less than the
1483	limits described in s. 324.021(7) and conforms to the
1484	requirements of s. 324.151, to any applicant for private
1485	passenger motor vehicle insurance coverage who is seeking the
1486	coverage in order to reinstate the applicant's driving
1487	privileges in this state after such privileges were revoked or
1488	suspended under s. 316.193 or s. 322.26(2) for driving under the
1489	influence.
1490	(b)  The policies described in paragraph (a) shall be
1491	issued for a period of at least 6 months and as to the minimum
1492	coverages required under this section shall not be cancelable by
1493	the insured for any reason or by the insurer after a period not
1494	to exceed 30 days during which the insurer must complete
1495	underwriting of the policy. After the insurer has completed
1496	underwriting the policy within the 30-day period, the insurer
1497	shall notify the Department of Highway Safety and Motor Vehicles
1498	that the policy is in full force and effect and the policy shall
1499	not be cancelable for the remainder of the policy period. A
1500	premium shall be collected and coverage shall be in effect for
1501	the 30-day period during which the insurer is completing the
1502	underwriting of the policy whether or not the person's driver
1503	license, motor vehicle tag, and motor vehicle registration are
1504	in effect. Once the noncancelable provisions of the policy
1505	become effective, the coverage or risk shall not be changed
1506	during the policy period and the premium shall be nonrefundable.
1507	If, during the pendency of the 2-year proof of insurance period
1508	required under s. 627.733(7) or during the 3-year proof of
1509	financial responsibility required under s. 324.131, whichever is
1510	applicable, the insured obtains additional coverage or coverage
1511	for an additional risk or changes territories, the insured must
1512	obtain a new 6-month noncancelable policy in accordance with the
1513	provisions of this section. However, if the insured must obtain
1514	a new 6-month policy and obtains the policy from the same
1515	insurer, the policyholder shall receive credit on the new policy
1516	for any premium paid on the previously issued policy.
1517	Section 35.  Paragraph (a) of subsection (1) of section
1518	627.728, Florida Statutes, is amended to read:
1519	627.728  Cancellations; nonrenewals.--
1520	(1)  As used in this section, the term:
1521	(a)  "Policy" means the bodily injury and property damage
1522	liability, emergency care personal injury protection, medical
1523	payments, comprehensive, collision, and uninsured motorist
1524	coverage portions of a policy of motor vehicle insurance
1525	delivered or issued for delivery in this state:
1526	1.  Insuring a natural person as named insured or one or
1527	more related individuals resident of the same household; and
1528	2.  Insuring only a motor vehicle of the private passenger
1529	type or station wagon type which is not used as a public or
1530	livery conveyance for passengers or rented to others; or
1531	insuring any other four-wheel motor vehicle having a load
1532	capacity of 1,500 pounds or less which is not used in the
1533	occupation, profession, or business of the insured other than
1534	farming; other than any policy issued under an automobile
1535	insurance assigned risk plan; insuring more than four
1536	automobiles; or covering garage, automobile sales agency, repair
1537	shop, service station, or public parking place operation
1538	hazards.
1539
1540	The term "policy" does not include a binder as defined in s.
1541	627.420 unless the duration of the binder period exceeds 60
1542	days.
1543	Section 36.  Subsection (1), paragraph (a) of subsection
1544	(5), and subsections (6) and (7) of section 627.7295, Florida
1545	Statutes, are amended to read:
1546	627.7295  Motor vehicle insurance contracts.--
1547	(1)  As used in this section, the term:
1548	(a)  "Policy" means a motor vehicle insurance policy that
1549	provides emergency care personal injury protection and property
1550	damage liability coverage.
1551	(b)  "Binder" means a binder that provides motor vehicle
1552	emergency care personal injury protection and property damage
1553	liability coverage.
1554	(5)(a)  A licensed general lines agent may charge a per-
1555	policy fee not to exceed $10 to cover the administrative costs
1556	of the agent associated with selling the motor vehicle insurance
1557	policy if the policy covers only emergency care personal injury
1558	protection coverage as provided by s. 627.7363 627.736 and
1559	property damage liability coverage as provided by s. 627.7275
1560	and if no other insurance is sold or issued in conjunction with
1561	or collateral to the policy. The fee is not considered part of
1562	the premium.
1563	(6)  If a motor vehicle owner's driver license, license
1564	plate, and registration have previously been suspended pursuant
1565	to s. 316.646 or s. 627.7361 627.733, an insurer may cancel a
1566	new policy only as provided in s. 627.7275.
1567	(7)  A policy of private passenger motor vehicle insurance
1568	or a binder for such a policy may be initially issued in this
1569	state only if the insurer or agent has collected from the
1570	insured an amount equal to 2 months' premium. An insurer, agent,
1571	or premium finance company may not directly or indirectly take
1572	any action resulting in the insured having paid from the
1573	insured's own funds an amount less than the 2 months' premium
1574	required by this subsection. This subsection applies without
1575	regard to whether the premium is financed by a premium finance
1576	company or is paid pursuant to a periodic payment plan of an
1577	insurer or an insurance agent. This subsection does not apply if
1578	an insured or member of the insured's family is renewing or
1579	replacing a policy or a binder for such policy written by the
1580	same insurer or a member of the same insurer group. This
1581	subsection does not apply to an insurer that issues private
1582	passenger motor vehicle coverage primarily to active duty or
1583	former military personnel or their dependents. This subsection
1584	does not apply if all policy payments are paid pursuant to a
1585	payroll deduction plan or an automatic electronic funds transfer
1586	payment plan from the policyholder, provided that the first
1587	policy payment is made by cash, cashier's check, check, or a
1588	money order. This subsection and subsection (4) do not apply if
1589	all policy payments to an insurer are paid pursuant to an
1590	automatic electronic funds transfer payment plan from an agent
1591	or a managing general agent and if the policy includes, at a
1592	minimum, emergency care coverage personal injury protection
1593	pursuant to s. 627.7363 ss. 627.730-627.7405; motor vehicle
1594	property damage liability pursuant to s. 627.7275; and bodily
1595	injury liability in at least the amount of $10,000 because of
1596	bodily injury to, or death of, one person in any one accident
1597	and in the amount of $20,000 because of bodily injury to, or
1598	death of, two or more persons in any one accident. This
1599	subsection and subsection (4) do not apply if an insured has had
1600	a policy in effect for at least 6 months, the insured's agent is
1601	terminated by the insurer that issued the policy, and the
1602	insured obtains coverage on the policy's renewal date with a new
1603	company through the terminated agent.
1604	Section 37.  Section 627.8405, Florida Statutes, is amended
1605	to read:
1606	627.8405  Prohibited acts; financing companies.--No premium
1607	finance company shall, in a premium finance agreement or other
1608	agreement, finance the cost of or otherwise provide for the
1609	collection or remittance of dues, assessments, fees, or other
1610	periodic payments of money for the cost of:
1611	(1)  A membership in an automobile club. The term
1612	"automobile club" means a legal entity which, in consideration
1613	of dues, assessments, or periodic payments of money, promises
1614	its members or subscribers to assist them in matters relating to
1615	the ownership, operation, use, or maintenance of a motor
1616	vehicle; however, this definition of "automobile club" does not
1617	include persons, associations, or corporations which are
1618	organized and operated solely for the purpose of conducting,
1619	sponsoring, or sanctioning motor vehicle races, exhibitions, or
1620	contests upon racetracks, or upon racecourses established and
1621	marked as such for the duration of such particular events. The
1622	words "motor vehicle" used herein have the same meaning as
1623	defined in chapter 320.
1624	(2)  An accidental death and dismemberment policy sold in
1625	combination with an emergency care coverage a personal injury
1626	protection and property damage only policy.
1627	(3)  Any product not regulated under the provisions of this
1628	insurance code.
1629
1630	This section also applies to premium financing by any insurance
1631	agent or insurance company under part XVI. The commission shall
1632	adopt rules to assure disclosure, at the time of sale, of
1633	coverages financed with emergency care coverage personal injury
1634	protection and shall prescribe the form of such disclosure.
1635	Section 38.  Subsection (1) of section 627.915, Florida
1636	Statutes, is amended to read:
1637	627.915  Insurer experience reporting.--
1638	(1)  Each insurer transacting private passenger automobile
1639	insurance in this state shall report certain information
1640	annually to the office. The information will be due on or before
1641	July 1 of each year. The information shall be divided into the
1642	following categories: bodily injury liability; property damage
1643	liability; uninsured motorist; emergency care coverage personal
1644	injury protection benefits; medical payments; comprehensive and
1645	collision. The information given shall be on direct insurance
1646	writings in the state alone and shall represent total limits
1647	data. The information set forth in paragraphs (a)-(f) is
1648	applicable to voluntary private passenger and Joint Underwriting
1649	Association private passenger writings and shall be reported for
1650	each of the latest 3 calendar-accident years, with an evaluation
1651	date of March 31 of the current year. The information set forth
1652	in paragraphs (g)-(j) is applicable to voluntary private
1653	passenger writings and shall be reported on a calendar-accident
1654	year basis ultimately seven times at seven different stages of
1655	development.
1656	(a)  Premiums earned for the latest 3 calendar-accident
1657	years.
1658	(b)  Loss development factors and the historic development
1659	of those factors.
1660	(c)  Policyholder dividends incurred.
1661	(d)  Expenses for other acquisition and general expense.
1662	(e)  Expenses for agents' commissions and taxes, licenses,
1663	and fees.
1664	(f)  Profit and contingency factors as utilized in the
1665	insurer's automobile rate filings for the applicable years.
1666	(g)  Losses paid.
1667	(h)  Losses unpaid.
1668	(i)  Loss adjustment expenses paid.
1669	(j)  Loss adjustment expenses unpaid.
1670	Section 39.  Paragraph (d) of subsection (2) and paragraph
1671	(d) of subsection (3) of section 628.909, Florida Statutes, are
1672	amended to read:
1673	628.909  Applicability of other laws.--
1674	(2)  The following provisions of the Florida Insurance Code
1675	shall apply to captive insurers who are not industrial insured
1676	captive insurers to the extent that such provisions are not
1677	inconsistent with this part:
1678	(d)  Section 627.7363 Sections 627.730-627.7405, when no-
1679	fault coverage is provided.
1680	(3)  The following provisions of the Florida Insurance Code
1681	shall apply to industrial insured captive insurers to the extent
1682	that such provisions are not inconsistent with this part:
1683	(d)  Section 627.7363 Sections 627.730-627.7405 when no-
1684	fault coverage is provided.
1685	Section 40.  Paragraphs (a), (b), and (c) of subsection (4)
1686	of section 713.78, Florida Statutes, are amended to read:
1687	713.78  Liens for recovering, towing, or storing vehicles
1688	and vessels.--
1689	(4)(a)  Any person regularly engaged in the business of
1690	recovering, towing, or storing vehicles or vessels who comes
1691	into possession of a vehicle or vessel pursuant to subsection
1692	(2), and who claims a lien for recovery, towing, or storage
1693	services, shall give notice to the registered owner, the
1694	insurance company insuring the vehicle notwithstanding the
1695	provisions of s. 627.736, and to all persons claiming a lien
1696	thereon, as disclosed by the records in the Department of
1697	Highway Safety and Motor Vehicles or of a corresponding agency
1698	in any other state.
1699	(b)  Whenever any law enforcement agency authorizes the
1700	removal of a vehicle or vessel or whenever any towing service,
1701	garage, repair shop, or automotive service, storage, or parking
1702	place notifies the law enforcement agency of possession of a
1703	vehicle or vessel pursuant to s. 715.07(2)(a)2., the applicable
1704	law enforcement agency shall contact the Department of Highway
1705	Safety and Motor Vehicles, or the appropriate agency of the
1706	state of registration, if known, within 24 hours through the
1707	medium of electronic communications, giving the full description
1708	of the vehicle or vessel. Upon receipt of the full description
1709	of the vehicle or vessel, the department shall search its files
1710	to determine the owner's name, the insurance company insuring
1711	the vehicle or vessel, and whether any person has filed a lien
1712	upon the vehicle or vessel as provided in s. 319.27(2) and (3)
1713	and notify the applicable law enforcement agency within 72
1714	hours. The person in charge of the towing service, garage,
1715	repair shop, or automotive service, storage, or parking place
1716	shall obtain such information from the applicable law
1717	enforcement agency within 5 days after the date of storage and
1718	shall give notice pursuant to paragraph (a). The department may
1719	release the insurance company information to the requestor
1720	notwithstanding the provisions of s. 627.736.
1721	(c)  Notice by certified mail, return receipt requested,
1722	shall be sent within 7 business days after the date of storage
1723	of the vehicle or vessel to the registered owner, the insurance
1724	company insuring the vehicle notwithstanding the provisions of
1725	s. 627.736, and all persons of record claiming a lien against
1726	the vehicle or vessel. It shall state the fact of possession of
1727	the vehicle or vessel, that a lien as provided in subsection (2)
1728	is claimed, that charges have accrued and the amount thereof,
1729	that the lien is subject to enforcement pursuant to law, and
1730	that the owner or lienholder, if any, has the right to a hearing
1731	as set forth in subsection (5), and that any vehicle or vessel
1732	which remains unclaimed, or for which the charges for recovery,
1733	towing, or storage services remain unpaid, may be sold free of
1734	all prior liens after 35 days if the vehicle or vessel is more
1735	than 3 years of age or after 50 days if the vehicle or vessel is
1736	3 years of age or less.
1737	Section 41.  Paragraph (c) of subsection (7), paragraphs
1738	(a), (b), and (c) of subsection (8), and subsection (9) of
1739	section 817.234, Florida Statutes, are amended to read:
1740	817.234  False and fraudulent insurance claims.--
1741	(7)
1742	(c)  An insurer, or any person acting at the direction of
1743	or on behalf of an insurer, may not change an opinion in a
1744	mental or physical report prepared under s. 627.736(7) or direct
1745	the physician preparing the report to change such opinion;
1746	however, this provision does not preclude the insurer from
1747	calling to the attention of the physician errors of fact in the
1748	report based upon information in the claim file. Any person who
1749	violates this paragraph commits a felony of the third degree,
1750	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1751	(8)(a)  It is unlawful for any person intending to defraud
1752	any other person to solicit or cause to be solicited any
1753	business from a person involved in a motor vehicle accident for
1754	the purpose of making, adjusting, or settling motor vehicle tort
1755	claims or claims for emergency care coverage personal injury
1756	protection benefits required by s. 627.7363 627.736. Any person
1757	who violates the provisions of this paragraph commits a felony
1758	of the second degree, punishable as provided in s. 775.082, s.
1759	775.083, or s. 775.084. A person who is convicted of a violation
1760	of this subsection shall be sentenced to a minimum term of
1761	imprisonment of 2 years.
1762	(b)  A person may not solicit or cause to be solicited any
1763	business from a person involved in a motor vehicle accident by
1764	any means of communication other than advertising directed to
1765	the public for the purpose of making motor vehicle tort claims
1766	or claims for emergency care coverage personal injury protection
1767	benefits required by s. 627.7363 627.736, within 60 days after
1768	the occurrence of the motor vehicle accident. Any person who
1769	violates this paragraph commits a felony of the third degree,
1770	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1771	(c)  A lawyer, health care practitioner as defined in s.
1772	456.001, or owner or medical director of a clinic required to be
1773	licensed pursuant to s. 400.9905 may not, at any time after 60
1774	days have elapsed from the occurrence of a motor vehicle
1775	accident, solicit or cause to be solicited any business from a
1776	person involved in a motor vehicle accident by means of in
1777	person or telephone contact at the person's residence, for the
1778	purpose of making motor vehicle tort claims or claims for
1779	emergency care coverage personal injury protection benefits
1780	required by s. 627.7363 627.736. Any person who violates this
1781	paragraph commits a felony of the third degree, punishable as
1782	provided in s. 775.082, s. 775.083, or s. 775.084.
1783	(9)  A person may not organize, plan, or knowingly
1784	participate in an intentional motor vehicle crash or a scheme to
1785	create documentation of a motor vehicle crash that did not occur
1786	for the purpose of making motor vehicle tort claims or claims
1787	for emergency care coverage personal injury protection benefits
1788	as required by s. 627.7363 627.736. Any person who violates this
1789	subsection commits a felony of the second degree, punishable as
1790	provided in s. 775.082, s. 775.083, or s. 775.084. A person who
1791	is convicted of a violation of this subsection shall be
1792	sentenced to a minimum term of imprisonment of 2 years.
1793	Section 42.  For the 2007-2008 fiscal year, the sum of
1794	$2,398,278 is appropriated from the Insurance Regulatory Trust
1795	Fund to the Department of Financial Services and 30 full-time
1796	equivalent positions with 1,387,860 in associated salary rate
1797	are authorized as senior insurance fraud investigators in the
1798	Division of Insurance Fraud of the Department of Financial
1799	Services. Personnel appointed to these positions must be
1800	certified law enforcement officers. These positions shall be
1801	included within the certified law enforcement collective
1802	bargaining unit and shall have a minimum annual salary of
1803	$46,262.
1804	Section 43.  For the 2007-2008 fiscal year, the sum of
1805	$408,000 is appropriated from the Insurance Regulatory Trust
1806	Fund to the Department of Financial Services for purposes of
1807	enforcing the Florida Motor Vehicle No-Fault Law in Miami,
1808	Orlando, and Tampa. These funds shall be transferred to the
1809	Justice Administrative Commission.
1810	Section 44.  For the 2007-2008 fiscal year, the sum of
1811	$408,000 is appropriated from the Grants and Donations Trust
1812	Fund to the Justice Administrative Commission and six full-time
1813	equivalent positions with 270,000 in associated salary rate are
1814	authorized for purposes of enforcing the Florida Motor Vehicle
1815	No-Fault Law in Miami, Orlando, and Tampa.
1816	Section 45.  This act shall take effect October 1, 2007.
1817
1818	======= T I T L E  A M E N D M E N T ==========
1819	Remove the entire title and insert:
1820	A bill to be entitled
1821	An act relating to insurance; creating s. 627.7361, F.S.;
1822	providing emergency care coverage benefits security
1823	requirements for certain motor vehicle owners or
1824	registrants; providing an exemption for certain military
1825	personnel under certain circumstances; requiring the
1826	Department of Highway Safety and Motor Vehicles to suspend
1827	the registration and driver license of certain persons
1828	under certain circumstances; providing requirements and
1829	procedures for reinstatement; creating s. 627.7362, F.S.;
1830	providing requirements for proof of required security;
1831	providing a criminal penalty; creating s. 627.7363, F.S.;
1832	providing emergency care coverage requirements; specifying
1833	required benefits; providing definitions; providing
1834	limitations; providing requirements for payment of
1835	benefits; providing requirements and procedures for
1836	assignment of benefits; providing for recovery of certain
1837	damages in tort claims; providing for a presuit demand
1838	letter; providing insurer data reporting requirements;
1839	providing for secure electronic transfer of data; amending
1840	s. 627.7261, F.S.; providing a definition; prohibiting the
1841	denial of an automobile policy; prohibiting surcharges or
1842	rate increases on specified grounds; amending s. 626.2815,
1843	F.S.; revising final examination requirements for certain
1844	continuing education courses; amending s. 627.728, F.S.;
1845	revising the definition of the term "nonpayment of
1846	premium" for certain purposes; amending s. 627.901, F.S.;
1847	providing criteria for installment payment service
1848	charges; providing that certain policies in compliance
1849	with specified security requirements in prior provisions
1850	shall be deemed to comply with the security requirement
1851	provisions created by this act until the policies expire
1852	or are terminated; providing a sunset date; amending ss.
1853	316.646, 318.18, 320.02, 320.0609, 320.27, 320.771,
1854	322.251, and 322.34, F.S.; conforming provisions to
1855	changes made by the act; amending s. 324.021, F.S.;
1856	conforming provisions to changes made by the act;
1857	providing a definition of "commercial motor vehicle" to
1858	replace language in a repealed statute; amending s.
1859	324.022, F.S.; conforming provisions to changes made by
1860	the act; providing definitions; amending ss. 324.171,
1861	400.9935, 409.901, 409.910, 456.057, 456.072, 626.9541,
1862	627.06501, 627.0652, 627.0653, 627.4132, 627.6482, and
1863	627.7263, F.S.; conforming provisions to changes made by
1864	the act; amending s. 627.727, F.S.; conforming provisions
1865	to changes made by the act; deleting provisions relating
1866	to legal liability of an uninsured motorist insurer with
1867	respect to damages in tort for pain, suffering, mental
1868	anguish, and convenience that reference repealed
1869	provisions; amending ss. 627.7275, 627.728, 627.7295,
1870	627.8405, 627.915, 628.909, 713.78, and 817.234, F.S.;
1871	conforming provisions to changes made by the act;
1872	authorizing insurance fraud investigator positions;
1873	providing an appropriation; authorizing specified
1874	positions and providing appropriations for enforcing the
1875	Florida Motor Vehicle No-Fault Law in specified areas;
1876	providing an effective date.

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