Amendment
Bill No. 7215

Amendment No. 254261

CHAMBER ACTION
Senate		House
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1	Representative(s) Bogdanoff offered the following:
2
3	Amendment to Amendment (170133) (with title amendment)
4	Remove line(s) 556-1816 and insert:
5	to May 31, 2008, complying with the security requirement of s.
6	627.733, Florida Statutes, shall be deemed to comply with the
7	security requirements of s. 627.7361, Florida Statutes, as
8	created by this act, until that policy expires or is terminated.
9	Section 9.  Effective October 1, 2012, ss. 627.7361,
10	627.7362, and 627.7363, Florida Statutes, as created by this
11	act, are repealed.
12	Section 10.  Subsections (1) and (3) of section 316.646,
13	Florida Statutes, are amended to read:
14	316.646  Security required; proof of security and display
15	thereof; dismissal of cases.--
16	(1)  Any person required by s. 627.7361 627.733 to maintain
17	personal injury protection security on a motor vehicle shall
18	have in his or her immediate possession at all times while
19	operating such motor vehicle proper proof of maintenance of the
20	security required by s. 627.7361 627.733 . Such proof shall be
21	either a uniform proof-of-insurance card in a form prescribed by
22	the department, a valid insurance policy, an insurance policy
23	binder, a certificate of insurance, or such other proof as may
24	be prescribed by the department.
25	(3)  Any person who violates this section is guilty of a
26	nonmoving traffic infraction subject to the penalty provided in
27	chapter 318 and shall be required to furnish proof of security
28	as provided in this section. If any person charged with a
29	violation of this section fails to furnish proof, at or before
30	the scheduled court appearance date, that security was in effect
31	at the time of the violation, the court may immediately suspend
32	the registration and driver's license of such person. Such
33	license and registration may only be reinstated as provided in
34	s. 627.7361 627.733.
35	Section 11.  Paragraph (b) of subsection (2) of section
36	318.18, Florida Statutes, is amended to read:
37	318.18  Amount of civil penalties.--The penalties required
38	for a noncriminal disposition pursuant to s. 318.14 are as
39	follows:
40	(2)  Thirty dollars for all nonmoving traffic violations
41	and:
42	(b)  For all violations of ss. 320.0605, 320.07(1),
43	322.065, and 322.15(1). Any person who is cited for a violation
44	of s. 320.07(1) shall be charged a delinquent fee pursuant to s.
45	320.07(4).
46	1.  If a person who is cited for a violation of s. 320.0605
47	or s. 320.07 can show proof of having a valid registration at
48	the time of arrest, the clerk of the court may dismiss the case
49	and may assess a dismissal fee of up to $7.50. A person who
50	finds it impossible or impractical to obtain a valid
51	registration certificate must submit an affidavit detailing the
52	reasons for the impossibility or impracticality. The reasons may
53	include, but are not limited to, the fact that the vehicle was
54	sold, stolen, or destroyed; that the state in which the vehicle
55	is registered does not issue a certificate of registration; or
56	that the vehicle is owned by another person.
57	2.  If a person who is cited for a violation of s. 322.03,
58	s. 322.065, or s. 322.15 can show a driver's license issued to
59	him or her and valid at the time of arrest, the clerk of the
60	court may dismiss the case and may assess a dismissal fee of up
61	to $7.50.
62	3.  If a person who is cited for a violation of s. 316.646
63	can show proof of security as required by s. 627.7361 627.733,
64	issued to the person and valid at the time of arrest, the clerk
65	of the court may dismiss the case and may assess a dismissal fee
66	of up to $7.50. A person who finds it impossible or impractical
67	to obtain proof of security must submit an affidavit detailing
68	the reasons for the impracticality. The reasons may include, but
69	are not limited to, the fact that the vehicle has since been
70	sold, stolen, or destroyed; that the owner or registrant of the
71	vehicle is not required by s. 627.7361 627.733 to maintain
72	security personal injury protection insurance; or that the
73	vehicle is owned by another person.
74	Section 12.  Paragraphs (a) and (d) of subsection (5) of
75	section 320.02, Florida Statutes, are amended to read:
76	320.02  Registration required; application for
77	registration; forms.--
78	(5)(a)  Proof that emergency care benefits personal injury
79	protection benefits have been purchased when required under s.
80	627.7361 627.733, that property damage liability coverage has
81	been purchased as required under s. 324.022, and that combined
82	bodily liability insurance and property damage liability
83	insurance have been purchased when required under s. 627.7415
84	shall be provided in the manner prescribed by law by the
85	applicant at the time of application for registration of any
86	motor vehicle owned as defined in s. 627.7363 627.732. The
87	issuing agent shall refuse to issue registration if such proof
88	of purchase is not provided. Insurers shall furnish uniform
89	proof-of-purchase cards in a form prescribed by the department
90	and shall include the name of the insured's insurance company,
91	the coverage identification number, the make, year, and vehicle
92	identification number of the vehicle insured. The card shall
93	contain a statement notifying the applicant of the penalty
94	specified in s. 316.646(4). The card or insurance policy,
95	insurance policy binder, or certificate of insurance or a
96	photocopy of any of these; an affidavit containing the name of
97	the insured's insurance company, the insured's policy number,
98	and the make and year of the vehicle insured; or such other
99	proof as may be prescribed by the department shall constitute
100	sufficient proof of purchase. If an affidavit is provided as
101	proof, it shall be in substantially the following form:
102
103	Under penalty of perjury, I   (Name of insured)   do hereby
104	certify that I have   (Emergency Care Coverage Personal Injury
105	Protection, Property Damage Liability, and, when required,
106	Bodily Injury Liability)   Insurance currently in effect with
107	(Name of insurance company)   under   (policy number)   covering
108	(make, year, and vehicle identification number of vehicle)  .
109	(Signature of Insured)
110
111	Such affidavit shall include the following warning:
112
113	WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
114	REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
115	LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
116	SUBJECT TO PROSECUTION.
117
118	When an application is made through a licensed motor vehicle
119	dealer as required in s. 319.23, the original or a photostatic
120	copy of such card, insurance policy, insurance policy binder, or
121	certificate of insurance or the original affidavit from the
122	insured shall be forwarded by the dealer to the tax collector of
123	the county or the Department of Highway Safety and Motor
124	Vehicles for processing. By executing the aforesaid affidavit,
125	no licensed motor vehicle dealer will be liable in damages for
126	any inadequacy, insufficiency, or falsification of any statement
127	contained therein. A card shall also indicate the existence of
128	any bodily injury liability insurance voluntarily purchased.
129	(d)  The verifying of proof of emergency care insurance
130	personal injury protection insurance, proof of combined bodily
131	liability insurance and property damage liability insurance, or
132	proof of financial responsibility insurance and the issuance or
133	failure to issue the motor vehicle registration under the
134	provisions of this chapter may not be construed in any court as
135	a warranty of the reliability or accuracy of the evidence of
136	such proof. Neither the department nor any tax collector is
137	liable in damages for any inadequacy, insufficiency,
138	falsification, or unauthorized modification of any item of the
139	proof of emergency care insurance personal injury protection
140	insurance, proof of combined bodily liability insurance and
141	property damage liability insurance, or proof of financial
142	responsibility insurance either prior to, during, or subsequent
143	to the verification of the proof. The issuance of a motor
144	vehicle registration does not constitute prima facie evidence or
145	a presumption of insurance coverage.
146	Section 13.  Paragraph (b) of subsection (1) of section
147	320.0609, Florida Statutes, is amended to read:
148	320.0609  Transfer and exchange of registration license
149	plates; transfer fee.--
150	(1)
151	(b)  The transfer of a license plate from a vehicle
152	disposed of to a newly acquired vehicle does not constitute a
153	new registration. The application for transfer shall be accepted
154	without requiring proof of emergency care personal injury
155	protection or liability insurance.
156	Section 14.  Subsection (3) of section 320.27, Florida
157	Statutes, is amended to read:
158	320.27  Motor vehicle dealers.--
159	(3)  APPLICATION AND FEE.--The application for the license
160	shall be in such form as may be prescribed by the department and
161	shall be subject to such rules with respect thereto as may be so
162	prescribed by it. Such application shall be verified by oath or
163	affirmation and shall contain a full statement of the name and
164	birth date of the person or persons applying therefor; the name
165	of the firm or copartnership, with the names and places of
166	residence of all members thereof, if such applicant is a firm or
167	copartnership; the names and places of residence of the
168	principal officers, if the applicant is a body corporate or
169	other artificial body; the name of the state under whose laws
170	the corporation is organized; the present and former place or
171	places of residence of the applicant; and prior business in
172	which the applicant has been engaged and the location thereof.
173	Such application shall describe the exact location of the place
174	of business and shall state whether the place of business is
175	owned by the applicant and when acquired, or, if leased, a true
176	copy of the lease shall be attached to the application. The
177	applicant shall certify that the location provides an adequately
178	equipped office and is not a residence; that the location
179	affords sufficient unoccupied space upon and within which
180	adequately to store all motor vehicles offered and displayed for
181	sale; and that the location is a suitable place where the
182	applicant can in good faith carry on such business and keep and
183	maintain books, records, and files necessary to conduct such
184	business, which will be available at all reasonable hours to
185	inspection by the department or any of its inspectors or other
186	employees. The applicant shall certify that the business of a
187	motor vehicle dealer is the principal business which shall be
188	conducted at that location. Such application shall contain a
189	statement that the applicant is either franchised by a
190	manufacturer of motor vehicles, in which case the name of each
191	motor vehicle that the applicant is franchised to sell shall be
192	included, or an independent (nonfranchised) motor vehicle
193	dealer. Such application shall contain such other relevant
194	information as may be required by the department, including
195	evidence that the applicant is insured under a garage liability
196	insurance policy, which shall include, at a minimum, $25,000
197	combined single-limit liability coverage including bodily injury
198	and property damage protection and $10,000 emergency care
199	benefits $10,000 personal injury protection. Such policy shall
200	be for the license period, and evidence of a new or continued
201	policy shall be delivered to the department at the beginning of
202	each license period. Upon making such initial application, the
203	person applying therefor shall pay to the department a fee of
204	$300 in addition to any other fees now required by law; upon
205	making a subsequent renewal application, the person applying
206	therefor shall pay to the department a fee of $75 in addition to
207	any other fees now required by law. Upon making an application
208	for a change of location, the person shall pay a fee of $50 in
209	addition to any other fees now required by law. The department
210	shall, in the case of every application for initial licensure,
211	verify whether certain facts set forth in the application are
212	true. Each applicant, general partner in the case of a
213	partnership, or corporate officer and director in the case of a
214	corporate applicant, must file a set of fingerprints with the
215	department for the purpose of determining any prior criminal
216	record or any outstanding warrants. The department shall submit
217	the fingerprints to the Department of Law Enforcement for state
218	processing and forwarding to the Federal Bureau of Investigation
219	for federal processing. The actual cost of such state and
220	federal processing shall be borne by the applicant and is to be
221	in addition to the fee for licensure. The department may issue a
222	license to an applicant pending the results of the fingerprint
223	investigation, which license is fully revocable if the
224	department subsequently determines that any facts set forth in
225	the application are not true or correctly represented.
226	Section 15.  Paragraph (j) of subsection (3) of section
227	320.771, Florida Statutes, is amended to read:
228	320.771  License required of recreational vehicle
229	dealers.--
230	(3)  APPLICATION.--The application for such license shall
231	be in the form prescribed by the department and subject to such
232	rules as may be prescribed by it. The application shall be
233	verified by oath or affirmation and shall contain:
234	(j)  A statement that the applicant is insured under a
235	garage liability insurance policy, which shall include, at a
236	minimum, $25,000 combined single-limit liability coverage,
237	including bodily injury and property damage protection, and
238	$10,000 emergency care coverage $10,000 personal injury
239	protection, if the applicant is to be licensed as a dealer in,
240	or intends to sell, recreational vehicles.
241
242	The department shall, if it deems necessary, cause an
243	investigation to be made to ascertain if the facts set forth in
244	the application are true and shall not issue a license to the
245	applicant until it is satisfied that the facts set forth in the
246	application are true.
247	Section 16.  Subsection (1) of section 322.251, Florida
248	Statutes, is amended to read:
249	322.251  Notice of cancellation, suspension, revocation, or
250	disqualification of license.--
251	(1)  All orders of cancellation, suspension, revocation, or
252	disqualification issued under the provisions of this chapter,
253	chapter 318, chapter 324, or s. 627.7361 ss. 627.732-627.734
254	shall be given either by personal delivery thereof to the
255	licensee whose license is being canceled, suspended, revoked, or
256	disqualified or by deposit in the United States mail in an
257	envelope, first class, postage prepaid, addressed to the
258	licensee at his or her last known mailing address furnished to
259	the department. Such mailing by the department constitutes
260	notification, and any failure by the person to receive the
261	mailed order will not affect or stay the effective date or term
262	of the cancellation, suspension, revocation, or disqualification
263	of the licensee's driving privilege.
264	Section 17.  Paragraph (a) of subsection (8) of section
265	322.34, Florida Statutes, is amended to read:
266	322.34  Driving while license suspended, revoked, canceled,
267	or disqualified.--
268	(8)(a)  Upon the arrest of a person for the offense of
269	driving while the person's driver's license or driving privilege
270	is suspended or revoked, the arresting officer shall determine:
271	1.  Whether the person's driver's license is suspended or
272	revoked.
273	2.  Whether the person's driver's license has remained
274	suspended or revoked since a conviction for the offense of
275	driving with a suspended or revoked license.
276	3.  Whether the suspension or revocation was made under s.
277	627.7361 316.646 or s. 627.733, relating to failure to maintain
278	required security, or under s. 322.264, relating to habitual
279	traffic offenders.
280	4.  Whether the driver is the registered owner or coowner
281	of the vehicle.
282	Section 18.  Subsection (1) and paragraph (c) of subsection
283	(9) of section 324.021, Florida Statutes, are amended to read:
284	324.021  Definitions; minimum insurance required.--The
285	following words and phrases when used in this chapter shall, for
286	the purpose of this chapter, have the meanings respectively
287	ascribed to them in this section, except in those instances
288	where the context clearly indicates a different meaning:
289	(1)  MOTOR VEHICLE.--Every self-propelled vehicle which is
290	designed and required to be licensed for use upon a highway,
291	including trailers and semitrailers designed for use with such
292	vehicles, except traction engines, road rollers, farm tractors,
293	power shovels, and well drillers, and every vehicle which is
294	propelled by electric power obtained from overhead wires but not
295	operated upon rails, but not including any bicycle or moped.
296	However, the term "motor vehicle" shall not include any motor
297	vehicle as defined in s. 627.7362 627.732(3) when the owner of
298	such vehicle has complied with the requirements of s. 627.7361
299	ss. 627.730-627.7405, inclusive, unless the provisions of s.
300	324.051 apply; and, in such case, the applicable proof of
301	insurance provisions of s. 320.02 apply.
302	(9)  OWNER; OWNER/LESSOR.--
303	(c)  Application.--
304	1.  The limits on liability in subparagraphs (b)2. and 3.
305	do not apply to an owner of motor vehicles that are used for
306	commercial activity in the owner's ordinary course of business,
307	other than a rental company that rents or leases motor vehicles.
308	For purposes of this paragraph, the term "rental company"
309	includes only an entity that is engaged in the business of
310	renting or leasing motor vehicles to the general public and that
311	rents or leases a majority of its motor vehicles to persons with
312	no direct or indirect affiliation with the rental company. The
313	term also includes a motor vehicle dealer that provides
314	temporary replacement vehicles to its customers for up to 10
315	days. The term "rental company" also includes:
316	a.  A related rental or leasing company that is a
317	subsidiary of the same parent company as that of the renting or
318	leasing company that rented or leased the vehicle.
319	b.  The holder of a motor vehicle title or an equity
320	interest in a motor vehicle title if the title or equity
321	interest is held pursuant to or to facilitate an asset-backed
322	securitization of a fleet of motor vehicles used solely in the
323	business of renting or leasing motor vehicles to the general
324	public and under the dominion and control of a rental company,
325	as described in this subparagraph, in the operation of such
326	rental company's business.
327	2.  Furthermore, with respect to a commercial motor vehicle
328	vehicles as defined in s. 627.732, the limits on liability in
329	subparagraphs (b)2. and 3. do not apply if, at the time of the
330	incident, the commercial motor vehicle is being used in the
331	transportation of materials found to be hazardous for the
332	purposes of the Hazardous Materials Transportation Authorization
333	Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is
334	required pursuant to such act to carry placards warning others
335	of the hazardous cargo, unless at the time of lease or rental
336	either:
337	a.  The lessee indicates in writing that the vehicle will
338	not be used to transport materials found to be hazardous for the
339	purposes of the Hazardous Materials Transportation Authorization
340	Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
341	b.  The lessee or other operator of the commercial motor
342	vehicle has in effect insurance with limits of at least
343	$5,000,000 combined property damage and bodily injury liability.
344
345	For the purposes of this subparagraph, the term "commercial
346	motor vehicle" does not include a motor vehicle that is a sedan,
347	station wagon, or jeep-type vehicle and, if not used primarily
348	for occupational, professional, or business purposes, a motor
349	vehicle of the pickup, panel, van, camper, or motor home type.
350	Section 19.  Section 324.022, Florida Statutes, is amended
351	to read:
352	324.022  Financial responsibility for property damage.--
353	(1)  Every owner or operator of a motor vehicle, which
354	motor vehicle is subject to the requirements of s. 627.7361 ss.
355	627.730-627.7405 and required to be registered in this state,
356	shall, by one of the methods established in s. 324.031 or by
357	having a policy that complies with s. 627.7275, establish and
358	maintain the ability to respond in damages for liability on
359	account of accidents arising out of the use of the motor vehicle
360	in the amount of $10,000 because of damage to, or destruction
361	of, property of others in any one crash. The requirements of
362	this section may also be met by having a policy which provides
363	coverage in the amount of at least $30,000 for combined property
364	damage liability and bodily injury liability for any one crash
365	arising out of the use of the motor vehicle. No insurer shall
366	have any duty to defend uncovered claims irrespective of their
367	joinder with covered claims.
368	(2)  For the purposes of this section, the term:
369	(a)  "Motor vehicle" means any self-propelled vehicle with
370	four or more wheels which is of a type both designed and
371	required to be licensed for use on the highways of this state
372	and any trailer or semitrailer designed for use with such
373	vehicle and includes a private passenger motor vehicle and a
374	commercial motor vehicle. The term "motor vehicle" does not
375	include a mobile home or any motor vehicle which is used in mass
376	transit, other than public school transportation, and designed
377	to transport more than five passengers exclusive of the operator
378	of the motor vehicle and which is owned by a municipality, a
379	transit authority, or a political subdivision of the state.
380	(b)  "Private passenger motor vehicle" means any motor
381	vehicle which is a sedan, station wagon, or jeep-type vehicle
382	and, if not used primarily for occupational, professional, or
383	business purposes, a motor vehicle of the pickup, panel, van,
384	camper, or motor home type.
385	(c)  "Commercial motor vehicle" means any motor vehicle
386	which is not a private passenger motor vehicle.
387	Section 20.  Subsection (2) of section 324.171, Florida
388	Statutes, is amended to read:
389	324.171  Self-insurer.--
390	(2)  The self-insurance certificate shall provide limits of
391	liability insurance in the amounts specified under s. 324.021(7)
392	or s. 627.7415 and shall provide emergency care personal injury
393	protection coverage under s. 627.7361(3)(b) 627.733(3)(b).
394	Section 21.  Paragraph (g) of subsection (1) of section
395	400.9935, Florida Statutes, is amended to read:
396	400.9935  Clinic responsibilities.--
397	(1)  Each clinic shall appoint a medical director or clinic
398	director who shall agree in writing to accept legal
399	responsibility for the following activities on behalf of the
400	clinic. The medical director or the clinic director shall:
401	(g)  Conduct systematic reviews of clinic billings to
402	ensure that the billings are not fraudulent or unlawful. Upon
403	discovery of an unlawful charge, the medical director or clinic
404	director shall take immediate corrective action. If the clinic
405	performs only the technical component of magnetic resonance
406	imaging, static radiographs, computed tomography, or positron
407	emission tomography, and provides the professional
408	interpretation of such services, in a fixed facility that is
409	accredited by the Joint Commission on Accreditation of
410	Healthcare Organizations or the Accreditation Association for
411	Ambulatory Health Care, and the American College of Radiology;
412	and if, in the preceding quarter, the percentage of scans
413	performed by that clinic which was billed to all personal injury
414	protection insurance carriers was less than 15 percent, the
415	chief financial officer of the clinic may, in a written
416	acknowledgment provided to the agency, assume the responsibility
417	for the conduct of the systematic reviews of clinic billings to
418	ensure that the billings are not fraudulent or unlawful.
419	Section 22.  Subsection (27) of section 409.901, Florida
420	Statutes, is amended to read:
421	409.901  Definitions; ss. 409.901-409.920.--As used in ss.
422	409.901-409.920, except as otherwise specifically provided, the
423	term:
424	(27)  "Third-party benefit" means any benefit that is or
425	may be available at any time through contract, court award,
426	judgment, settlement, agreement, or any arrangement between a
427	third party and any person or entity, including, without
428	limitation, a Medicaid recipient, a provider, another third
429	party, an insurer, or the agency, for any Medicaid-covered
430	injury, illness, goods, or services, including costs of medical
431	services related thereto, for personal injury or for death of
432	the recipient, but specifically excluding policies of life
433	insurance on the recipient, unless available under terms of the
434	policy to pay medical expenses prior to death. The term
435	includes, without limitation, collateral, as defined in this
436	section, health insurance, any benefit under a health
437	maintenance organization, a preferred provider arrangement, a
438	prepaid health clinic, liability insurance, uninsured motorist
439	insurance or emergency care personal injury protection coverage,
440	medical benefits under workers' compensation, and any obligation
441	under law or equity to provide medical support.
442	Section 23.  Paragraph (f) of subsection (11) of section
443	409.910, Florida Statutes, is amended to read:
444	409.910  Responsibility for payments on behalf of Medicaid-
445	eligible persons when other parties are liable.--
446	(11)  The agency may, as a matter of right, in order to
447	enforce its rights under this section, institute, intervene in,
448	or join any legal or administrative proceeding in its own name
449	in one or more of the following capacities: individually, as
450	subrogee of the recipient, as assignee of the recipient, or as
451	lienholder of the collateral.
452	(f)  Notwithstanding any provision in this section to the
453	contrary, in the event of an action in tort against a third
454	party in which the recipient or his or her legal representative
455	is a party which results in a judgment, award, or settlement
456	from a third party, the amount recovered shall be distributed as
457	follows:
458	1.  After attorney's fees and taxable costs as defined by
459	the Florida Rules of Civil Procedure, one-half of the remaining
460	recovery shall be paid to the agency up to the total amount of
461	medical assistance provided by Medicaid.
462	2.  The remaining amount of the recovery shall be paid to
463	the recipient.
464	3.  For purposes of calculating the agency's recovery of
465	medical assistance benefits paid, the fee for services of an
466	attorney retained by the recipient or his or her legal
467	representative shall be calculated at 25 percent of the
468	judgment, award, or settlement.
469	4.  Notwithstanding any provision of this section to the
470	contrary, the agency shall be entitled to all medical coverage
471	benefits up to the total amount of medical assistance provided
472	by Medicaid. For purposes of this paragraph, "medical coverage"
473	means any benefits under health insurance, a health maintenance
474	organization, a preferred provider arrangement, or a prepaid
475	health clinic, and the portion of benefits designated for
476	medical payments under coverage for workers' compensation,
477	emergency care personal injury protection, and casualty.
478	Section 24.  Paragraph (k) of subsection (2) of section
479	456.057, Florida Statutes, is amended to read:
480	456.057  Ownership and control of patient records; report
481	or copies of records to be furnished.--
482	(2)  As used in this section, the terms "records owner,"
483	"health care practitioner," and "health care practitioner's
484	employer" do not include any of the following persons or
485	entities; furthermore, the following persons or entities are not
486	authorized to acquire or own medical records, but are authorized
487	under the confidentiality and disclosure requirements of this
488	section to maintain those documents required by the part or
489	chapter under which they are licensed or regulated:
490	(k)  Persons or entities practicing under s. 627.736(7).
491	Section 25.  Paragraphs (ee) and (ff) of subsection (1) of
492	section 456.072, Florida Statutes, are amended to read:
493	456.072  Grounds for discipline; penalties; enforcement.--
494	(1)  The following acts shall constitute grounds for which
495	the disciplinary actions specified in subsection (2) may be
496	taken:
497	(ee)  With respect to making an emergency care a personal
498	injury protection claim as required by s. 627.736, intentionally
499	submitting a claim, statement, or bill that has been "upcoded,"
500	which means submitting a billing code that would result in
501	payment greater in amount that would be paid using the billing
502	code that actually describes the services performed as defined
503	in s. 627.732.
504	(ff)  With respect to making an emergency care a personal
505	injury protection claim as required by s. 627.736, intentionally
506	submitting a claim, statement, or bill for payment of services
507	that were not rendered.
508	Section 26.  Paragraph (o) of subsection (1) of section
509	626.9541, Florida Statutes, is amended to read:
510	626.9541  Unfair methods of competition and unfair or
511	deceptive acts or practices defined.--
512	(1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
513	ACTS.--The following are defined as unfair methods of
514	competition and unfair or deceptive acts or practices:
515	(o)  Illegal dealings in premiums; excess or reduced
516	charges for insurance.--
517	1.  Knowingly collecting any sum as a premium or charge for
518	insurance, which is not then provided, or is not in due course
519	to be provided, subject to acceptance of the risk by the
520	insurer, by an insurance policy issued by an insurer as
521	permitted by this code.
522	2.  Knowingly collecting as a premium or charge for
523	insurance any sum in excess of or less than the premium or
524	charge applicable to such insurance, in accordance with the
525	applicable classifications and rates as filed with and approved
526	by the office, and as specified in the policy; or, in cases when
527	classifications, premiums, or rates are not required by this
528	code to be so filed and approved, premiums and charges collected
529	from a Florida resident in excess of or less than those
530	specified in the policy and as fixed by the insurer. This
531	provision shall not be deemed to prohibit the charging and
532	collection, by surplus lines agents licensed under part VIII of
533	this chapter, of the amount of applicable state and federal
534	taxes, or fees as authorized by s. 626.916(4), in addition to
535	the premium required by the insurer or the charging and
536	collection, by licensed agents, of the exact amount of any
537	discount or other such fee charged by a credit card facility in
538	connection with the use of a credit card, as authorized by
539	subparagraph (q)3., in addition to the premium required by the
540	insurer. This subparagraph shall not be construed to prohibit
541	collection of a premium for a universal life or a variable or
542	indeterminate value insurance policy made in accordance with the
543	terms of the contract.
544	3.a.  Imposing or requesting an additional premium for a
545	policy of motor vehicle liability, emergency care coverage
546	personal injury protection, medical payment, or collision
547	insurance or any combination thereof or refusing to renew the
548	policy solely because the insured was involved in a motor
549	vehicle accident unless the insurer's file contains information
550	from which the insurer in good faith determines that the insured
551	was substantially at fault in the accident.
552	b.  An insurer which imposes and collects such a surcharge
553	or which refuses to renew such policy shall, in conjunction with
554	the notice of premium due or notice of nonrenewal, notify the
555	named insured that he or she is entitled to reimbursement of
556	such amount or renewal of the policy under the conditions listed
557	below and will subsequently reimburse him or her or renew the
558	policy, if the named insured demonstrates that the operator
559	involved in the accident was:
560	(I)  Lawfully parked;
561	(II)  Reimbursed by, or on behalf of, a person responsible
562	for the accident or has a judgment against such person;
563	(III)  Struck in the rear by another vehicle headed in the
564	same direction and was not convicted of a moving traffic
565	violation in connection with the accident;
566	(IV)  Hit by a "hit-and-run" driver, if the accident was
567	reported to the proper authorities within 24 hours after
568	discovering the accident;
569	(V)  Not convicted of a moving traffic violation in
570	connection with the accident, but the operator of the other
571	automobile involved in such accident was convicted of a moving
572	traffic violation;
573	(VI)  Finally adjudicated not to be liable by a court of
574	competent jurisdiction;
575	(VII)  In receipt of a traffic citation which was dismissed
576	or nolle prossed; or
577	(VIII)  Not at fault as evidenced by a written statement
578	from the insured establishing facts demonstrating lack of fault
579	which are not rebutted by information in the insurer's file from
580	which the insurer in good faith determines that the insured was
581	substantially at fault.
582	c.  In addition to the other provisions of this
583	subparagraph, an insurer may not fail to renew a policy if the
584	insured has had only one accident in which he or she was at
585	fault within the current 3-year period. However, an insurer may
586	nonrenew a policy for reasons other than accidents in accordance
587	with s. 627.728. This subparagraph does not prohibit nonrenewal
588	of a policy under which the insured has had three or more
589	accidents, regardless of fault, during the most recent 3-year
590	period.
591	4.  Imposing or requesting an additional premium for, or
592	refusing to renew, a policy for motor vehicle insurance solely
593	because the insured committed a noncriminal traffic infraction
594	as described in s. 318.14 unless the infraction is:
595	a.  A second infraction committed within an 18-month
596	period, or a third or subsequent infraction committed within a
597	36-month period.
598	b.  A violation of s. 316.183, when such violation is a
599	result of exceeding the lawful speed limit by more than 15 miles
600	per hour.
601	5.  Upon the request of the insured, the insurer and
602	licensed agent shall supply to the insured the complete proof of
603	fault or other criteria which justifies the additional charge or
604	cancellation.
605	6.  No insurer shall impose or request an additional
606	premium for motor vehicle insurance, cancel or refuse to issue a
607	policy, or refuse to renew a policy because the insured or the
608	applicant is a handicapped or physically disabled person, so
609	long as such handicap or physical disability does not
610	substantially impair such person's mechanically assisted driving
611	ability.
612	7.  No insurer may cancel or otherwise terminate any
613	insurance contract or coverage, or require execution of a
614	consent to rate endorsement, during the stated policy term for
615	the purpose of offering to issue, or issuing, a similar or
616	identical contract or coverage to the same insured with the same
617	exposure at a higher premium rate or continuing an existing
618	contract or coverage with the same exposure at an increased
619	premium.
620	8.  No insurer may issue a nonrenewal notice on any
621	insurance contract or coverage, or require execution of a
622	consent to rate endorsement, for the purpose of offering to
623	issue, or issuing, a similar or identical contract or coverage
624	to the same insured at a higher premium rate or continuing an
625	existing contract or coverage at an increased premium without
626	meeting any applicable notice requirements.
627	9.  No insurer shall, with respect to premiums charged for
628	motor vehicle insurance, unfairly discriminate solely on the
629	basis of age, sex, marital status, or scholastic achievement.
630	10.  Imposing or requesting an additional premium for motor
631	vehicle comprehensive or uninsured motorist coverage solely
632	because the insured was involved in a motor vehicle accident or
633	was convicted of a moving traffic violation.
634	11.  No insurer shall cancel or issue a nonrenewal notice
635	on any insurance policy or contract without complying with any
636	applicable cancellation or nonrenewal provision required under
637	the Florida Insurance Code.
638	12.  No insurer shall impose or request an additional
639	premium, cancel a policy, or issue a nonrenewal notice on any
640	insurance policy or contract because of any traffic infraction
641	when adjudication has been withheld and no points have been
642	assessed pursuant to s. 318.14(9) and (10). However, this
643	subparagraph does not apply to traffic infractions involving
644	accidents in which the insurer has incurred a loss due to the
645	fault of the insured.
646	Section 27.  Subsection (1) of section 627.06501, Florida
647	Statutes, is amended to read:
648	627.06501  Insurance discounts for certain persons
649	completing driver improvement course.--
650	(1)  Any rate, rating schedule, or rating manual for the
651	liability, emergency care personal injury protection, and
652	collision coverages of a motor vehicle insurance policy filed
653	with the office may provide for an appropriate reduction in
654	premium charges as to such coverages when the principal operator
655	on the covered vehicle has successfully completed a driver
656	improvement course approved and certified by the Department of
657	Highway Safety and Motor Vehicles which is effective in reducing
658	crash or violation rates, or both, as determined pursuant to s.
659	318.1451(5). Any discount, not to exceed 10 percent, used by an
660	insurer is presumed to be appropriate unless credible data
661	demonstrates otherwise.
662	Section 28.  Subsection (1) of section 627.0652, Florida
663	Statutes, is amended to read:
664	627.0652  Insurance discounts for certain persons
665	completing safety course.--
666	(1)  Any rates, rating schedules, or rating manuals for the
667	liability, emergency care personal injury protection, and
668	collision coverages of a motor vehicle insurance policy filed
669	with the office shall provide for an appropriate reduction in
670	premium charges as to such coverages when the principal operator
671	on the covered vehicle is an insured 55 years of age or older
672	who has successfully completed a motor vehicle accident
673	prevention course approved by the Department of Highway Safety
674	and Motor Vehicles. Any discount used by an insurer is presumed
675	to be appropriate unless credible data demonstrates otherwise.
676	Section 29.  Subsections (1) and (3) of section 627.0653,
677	Florida Statutes, are amended to read:
678	627.0653  Insurance discounts for specified motor vehicle
679	equipment.--
680	(1)  Any rates, rating schedules, or rating manuals for the
681	liability, emergency care personal injury protection, and
682	collision coverages of a motor vehicle insurance policy filed
683	with the office shall provide a premium discount if the insured
684	vehicle is equipped with factory-installed, four-wheel antilock
685	brakes.
686	(3)  Any rates, rating schedules, or rating manuals for
687	emergency care personal injury protection coverage and medical
688	payments coverage, if offered, of a motor vehicle insurance
689	policy filed with the office shall provide a premium discount if
690	the insured vehicle is equipped with one or more air bags which
691	are factory installed.
692	Section 30.  Section 627.4132, Florida Statutes, is amended
693	to read:
694	627.4132  Stacking of coverages prohibited.--If an insured
695	or named insured is protected by any type of motor vehicle
696	insurance policy for liability, emergency care personal injury
697	protection, or other coverage, the policy shall provide that the
698	insured or named insured is protected only to the extent of the
699	coverage she or he has on the vehicle involved in the accident.
700	However, if none of the insured's or named insured's vehicles is
701	involved in the accident, coverage is available only to the
702	extent of coverage on any one of the vehicles with applicable
703	coverage. Coverage on any other vehicles shall not be added to
704	or stacked upon that coverage. This section does not apply:
705	(1)  To uninsured motorist coverage which is separately
706	governed by s. 627.727.
707	(2)  To reduce the coverage available by reason of
708	insurance policies insuring different named insureds.
709	Section 31.  Subsection (6) of section 627.6482, Florida
710	Statutes, is amended to read:
711	627.6482  Definitions.--As used in ss. 627.648-627.6498,
712	the term:
713	(6)  "Health insurance" means any hospital and medical
714	expense incurred policy, minimum premium plan, stop-loss
715	coverage, health maintenance organization contract, prepaid
716	health clinic contract, multiple-employer welfare arrangement
717	contract, or fraternal benefit society health benefits contract,
718	whether sold as an individual or group policy or contract. The
719	term does not include any policy covering medical payment
720	coverage or emergency care personal injury protection coverage
721	in a motor vehicle policy, coverage issued as a supplement to
722	liability insurance, or workers' compensation.
723	Section 32.  Section 627.7263, Florida Statutes, is amended
724	to read:
725	627.7263  Rental and leasing driver's insurance to be
726	primary; exception.--
727	(1)  The valid and collectible liability insurance or
728	emergency care personal injury protection insurance providing
729	coverage for the lessor of a motor vehicle for rent or lease is
730	primary unless otherwise stated in at least 10-point type on the
731	face of the rental or lease agreement. Such insurance is primary
732	for the limits of liability and emergency care personal injury
733	protection coverage as required by ss. 324.021(7) and 627.7363
734	627.736.
735	(2)  If the lessee's coverage is to be primary, the rental
736	or lease agreement must contain the following language, in at
737	least 10-point type:
738
739	"The valid and collectible liability insurance and
740	emergency care personal injury protection insurance of any
741	authorized rental or leasing driver is primary for the
742	limits of liability and emergency care personal injury
743	protection coverage required by ss. 324.021(7) and 627.7363
744	627.736, Florida Statutes."
745
746	Section 33.  Subsections (1), (7), (8), (9), and (10) of
747	section 627.727, Florida Statutes, are amended to read:
748	627.727  Motor vehicle insurance; uninsured and
749	underinsured vehicle coverage; insolvent insurer protection.--
750	(1)  No motor vehicle liability insurance policy which
751	provides bodily injury liability coverage shall be delivered or
752	issued for delivery in this state with respect to any
753	specifically insured or identified motor vehicle registered or
754	principally garaged in this state unless uninsured motor vehicle
755	coverage is provided therein or supplemental thereto for the
756	protection of persons insured thereunder who are legally
757	entitled to recover damages from owners or operators of
758	uninsured motor vehicles because of bodily injury, sickness, or
759	disease, including death, resulting therefrom. However, the
760	coverage required under this section is not applicable when, or
761	to the extent that, an insured named in the policy makes a
762	written rejection of the coverage on behalf of all insureds
763	under the policy. When a motor vehicle is leased for a period of
764	1 year or longer and the lessor of such vehicle, by the terms of
765	the lease contract, provides liability coverage on the leased
766	vehicle, the lessee of such vehicle shall have the sole
767	privilege to reject uninsured motorist coverage or to select
768	lower limits than the bodily injury liability limits, regardless
769	of whether the lessor is qualified as a self-insurer pursuant to
770	s. 324.171. Unless an insured, or lessee having the privilege of
771	rejecting uninsured motorist coverage, requests such coverage or
772	requests higher uninsured motorist limits in writing, the
773	coverage or such higher uninsured motorist limits need not be
774	provided in or supplemental to any other policy which renews,
775	extends, changes, supersedes, or replaces an existing policy
776	with the same bodily injury liability limits when an insured or
777	lessee had rejected the coverage. When an insured or lessee has
778	initially selected limits of uninsured motorist coverage lower
779	than her or his bodily injury liability limits, higher limits of
780	uninsured motorist coverage need not be provided in or
781	supplemental to any other policy which renews, extends, changes,
782	supersedes, or replaces an existing policy with the same bodily
783	injury liability limits unless an insured requests higher
784	uninsured motorist coverage in writing. The rejection or
785	selection of lower limits shall be made on a form approved by
786	the office. The form shall fully advise the applicant of the
787	nature of the coverage and shall state that the coverage is
788	equal to bodily injury liability limits unless lower limits are
789	requested or the coverage is rejected. The heading of the form
790	shall be in 12-point bold type and shall state: "You are
791	electing not to purchase certain valuable coverage which
792	protects you and your family or you are purchasing uninsured
793	motorist limits less than your bodily injury liability limits
794	when you sign this form. Please read carefully." If this form is
795	signed by a named insured, it will be conclusively presumed that
796	there was an informed, knowing rejection of coverage or election
797	of lower limits on behalf of all insureds. The insurer shall
798	notify the named insured at least annually of her or his options
799	as to the coverage required by this section. Such notice shall
800	be part of, and attached to, the notice of premium, shall
801	provide for a means to allow the insured to request such
802	coverage, and shall be given in a manner approved by the office.
803	Receipt of this notice does not constitute an affirmative waiver
804	of the insured's right to uninsured motorist coverage where the
805	insured has not signed a selection or rejection form. The
806	coverage described under this section shall be over and above,
807	but shall not duplicate, the benefits available to an insured
808	under any workers' compensation law, emergency care personal
809	injury protection benefits, disability benefits law, or similar
810	law; under any automobile medical expense coverage; under any
811	motor vehicle liability insurance coverage; or from the owner or
812	operator of the uninsured motor vehicle or any other person or
813	organization jointly or severally liable together with such
814	owner or operator for the accident; and such coverage shall
815	cover the difference, if any, between the sum of such benefits
816	and the damages sustained, up to the maximum amount of such
817	coverage provided under this section. The amount of coverage
818	available under this section shall not be reduced by a setoff
819	against any coverage, including liability insurance. Such
820	coverage shall not inure directly or indirectly to the benefit
821	of any workers' compensation or disability benefits carrier or
822	any person or organization qualifying as a self-insurer under
823	any workers' compensation or disability benefits law or similar
824	law.
825	(7)  The legal liability of an uninsured motorist coverage
826	insurer does not include damages in tort for pain, suffering,
827	mental anguish, and inconvenience unless the injury or disease
828	is described in one or more of paragraphs (a)-(d) of s.
829	627.737(2).
830	(7)(8)  The provisions of s. 627.428 do not apply to any
831	action brought pursuant to this section against the uninsured
832	motorist insurer unless there is a dispute over whether the
833	policy provides coverage for an uninsured motorist proven to be
834	liable for the accident.
835	(8)(9)  Insurers may offer policies of uninsured motorist
836	coverage containing policy provisions, in language approved by
837	the office, establishing that if the insured accepts this offer:
838	(a)  The coverage provided as to two or more motor vehicles
839	shall not be added together to determine the limit of insurance
840	coverage available to an injured person for any one accident,
841	except as provided in paragraph (c).
842	(b)  If at the time of the accident the injured person is
843	occupying a motor vehicle, the uninsured motorist coverage
844	available to her or him is the coverage available as to that
845	motor vehicle.
846	(c)  If the injured person is occupying a motor vehicle
847	which is not owned by her or him or by a family member residing
848	with her or him, the injured person is entitled to the highest
849	limits of uninsured motorist coverage afforded for any one
850	vehicle as to which she or he is a named insured or insured
851	family member. Such coverage shall be excess over the coverage
852	on the vehicle the injured person is occupying.
853	(d)  The uninsured motorist coverage provided by the policy
854	does not apply to the named insured or family members residing
855	in her or his household who are injured while occupying any
856	vehicle owned by such insureds for which uninsured motorist
857	coverage was not purchased.
858	(e)  If, at the time of the accident the injured person is
859	not occupying a motor vehicle, she or he is entitled to select
860	any one limit of uninsured motorist coverage for any one vehicle
861	afforded by a policy under which she or he is insured as a named
862	insured or as an insured resident of the named insured's
863	household.
864
865	In connection with the offer authorized by this subsection,
866	insurers shall inform the named insured, applicant, or lessee,
867	on a form approved by the office, of the limitations imposed
868	under this subsection and that such coverage is an alternative
869	to coverage without such limitations. If this form is signed by
870	a named insured, applicant, or lessee, it shall be conclusively
871	presumed that there was an informed, knowing acceptance of such
872	limitations. When the named insured, applicant, or lessee has
873	initially accepted such limitations, such acceptance shall apply
874	to any policy which renews, extends, changes, supersedes, or
875	replaces an existing policy unless the named insured requests
876	deletion of such limitations and pays the appropriate premium
877	for such coverage. Any insurer who provides coverage which
878	includes the limitations provided in this subsection shall file
879	revised premium rates with the office for such uninsured
880	motorist coverage to take effect prior to initially providing
881	such coverage. The revised rates shall reflect the anticipated
882	reduction in loss costs attributable to such limitations but
883	shall in any event reflect a reduction in the uninsured motorist
884	coverage premium of at least 20 percent for policies with such
885	limitations. Such filing shall not increase the rates for
886	coverage which does not contain the limitations authorized by
887	this subsection, and such rates shall remain in effect until the
888	insurer demonstrates the need for a change in uninsured motorist
889	rates pursuant to s. 627.0651.
890	(9)(10)  The damages recoverable from an uninsured motorist
891	carrier in an action brought under s. 624.155 shall include the
892	total amount of the claimant's damages, including the amount in
893	excess of the policy limits, any interest on unpaid benefits,
894	reasonable attorney's fees and costs, and any damages caused by
895	a violation of a law of this state. The total amount of the
896	claimant's damages is recoverable whether caused by an insurer
897	or by a third-party tortfeasor.
898	Section 34.  Subsection (1) and paragraphs (a) and (b) of
899	subsection (2) of section 627.7275, Florida Statutes, are
900	amended to read:
901	627.7275  Motor vehicle liability.--
902	(1)  A motor vehicle insurance policy providing emergency
903	care coverage personal injury protection as set forth in s.
904	627.7363 627.736 may not be delivered or issued for delivery in
905	this state with respect to any specifically insured or
906	identified motor vehicle registered or principally garaged in
907	this state unless the policy also provides coverage for property
908	damage liability in the amount of at least $10,000 because of
909	damage to, or destruction of, property of others in any one
910	accident arising out of the use of the motor vehicle or unless
911	the policy provides coverage in the amount of at least $30,000
912	for combined property damage liability and bodily injury
913	liability in any one accident arising out of the use of the
914	motor vehicle. The policy, as to coverage of property damage
915	liability, must meet the applicable requirements of s. 324.151,
916	subject to the usual policy exclusions that have been approved
917	in policy forms by the office.
918	(2)(a)  Insurers writing motor vehicle insurance in this
919	state shall make available, subject to the insurers' usual
920	underwriting restrictions:
921	1.  Coverage under policies as described in subsection (1)
922	to any applicant for private passenger motor vehicle insurance
923	coverage who is seeking the coverage in order to reinstate the
924	applicant's driving privileges in this state when the driving
925	privileges were revoked or suspended pursuant to s. 316.646 or
926	s. 627.7361 627.733 due to the failure of the applicant to
927	maintain required security.
928	2.  Coverage under policies as described in subsection (1),
929	which also provides liability coverage for bodily injury, death,
930	and property damage arising out of the ownership, maintenance,
931	or use of the motor vehicle in an amount not less than the
932	limits described in s. 324.021(7) and conforms to the
933	requirements of s. 324.151, to any applicant for private
934	passenger motor vehicle insurance coverage who is seeking the
935	coverage in order to reinstate the applicant's driving
936	privileges in this state after such privileges were revoked or
937	suspended under s. 316.193 or s. 322.26(2) for driving under the
938	influence.
939	(b)  The policies described in paragraph (a) shall be
940	issued for a period of at least 6 months and as to the minimum
941	coverages required under this section shall not be cancelable by
942	the insured for any reason or by the insurer after a period not
943	to exceed 30 days during which the insurer must complete
944	underwriting of the policy. After the insurer has completed
945	underwriting the policy within the 30-day period, the insurer
946	shall notify the Department of Highway Safety and Motor Vehicles
947	that the policy is in full force and effect and the policy shall
948	not be cancelable for the remainder of the policy period. A
949	premium shall be collected and coverage shall be in effect for
950	the 30-day period during which the insurer is completing the
951	underwriting of the policy whether or not the person's driver
952	license, motor vehicle tag, and motor vehicle registration are
953	in effect. Once the noncancelable provisions of the policy
954	become effective, the coverage or risk shall not be changed
955	during the policy period and the premium shall be nonrefundable.
956	If, during the pendency of the 2-year proof of insurance period
957	required under s. 627.733(7) or during the 3-year proof of
958	financial responsibility required under s. 324.131, whichever is
959	applicable, the insured obtains additional coverage or coverage
960	for an additional risk or changes territories, the insured must
961	obtain a new 6-month noncancelable policy in accordance with the
962	provisions of this section. However, if the insured must obtain
963	a new 6-month policy and obtains the policy from the same
964	insurer, the policyholder shall receive credit on the new policy
965	for any premium paid on the previously issued policy.
966	Section 35.  Paragraph (a) of subsection (1) of section
967	627.728, Florida Statutes, is amended to read:
968	627.728  Cancellations; nonrenewals.--
969	(1)  As used in this section, the term:
970	(a)  "Policy" means the bodily injury and property damage
971	liability, emergency care personal injury protection, medical
972	payments, comprehensive, collision, and uninsured motorist
973	coverage portions of a policy of motor vehicle insurance
974	delivered or issued for delivery in this state:
975	1.  Insuring a natural person as named insured or one or
976	more related individuals resident of the same household; and
977	2.  Insuring only a motor vehicle of the private passenger
978	type or station wagon type which is not used as a public or
979	livery conveyance for passengers or rented to others; or
980	insuring any other four-wheel motor vehicle having a load
981	capacity of 1,500 pounds or less which is not used in the
982	occupation, profession, or business of the insured other than
983	farming; other than any policy issued under an automobile
984	insurance assigned risk plan; insuring more than four
985	automobiles; or covering garage, automobile sales agency, repair
986	shop, service station, or public parking place operation
987	hazards.
988
989	The term "policy" does not include a binder as defined in s.
990	627.420 unless the duration of the binder period exceeds 60
991	days.
992	Section 36.  Subsection (1), paragraph (a) of subsection
993	(5), and subsections (6) and (7) of section 627.7295, Florida
994	Statutes, are amended to read:
995	627.7295  Motor vehicle insurance contracts.--
996	(1)  As used in this section, the term:
997	(a)  "Policy" means a motor vehicle insurance policy that
998	provides emergency care personal injury protection and property
999	damage liability coverage.
1000	(b)  "Binder" means a binder that provides motor vehicle
1001	emergency care personal injury protection and property damage
1002	liability coverage.
1003	(5)(a)  A licensed general lines agent may charge a per-
1004	policy fee not to exceed $10 to cover the administrative costs
1005	of the agent associated with selling the motor vehicle insurance
1006	policy if the policy covers only emergency care personal injury
1007	protection coverage as provided by s. 627.7363 627.736 and
1008	property damage liability coverage as provided by s. 627.7275
1009	and if no other insurance is sold or issued in conjunction with
1010	or collateral to the policy. The fee is not considered part of
1011	the premium.
1012	(6)  If a motor vehicle owner's driver license, license
1013	plate, and registration have previously been suspended pursuant
1014	to s. 316.646 or s. 627.7361 627.733, an insurer may cancel a
1015	new policy only as provided in s. 627.7275.
1016	(7)  A policy of private passenger motor vehicle insurance
1017	or a binder for such a policy may be initially issued in this
1018	state only if the insurer or agent has collected from the
1019	insured an amount equal to 2 months' premium. An insurer, agent,
1020	or premium finance company may not directly or indirectly take
1021	any action resulting in the insured having paid from the
1022	insured's own funds an amount less than the 2 months' premium
1023	required by this subsection. This subsection applies without
1024	regard to whether the premium is financed by a premium finance
1025	company or is paid pursuant to a periodic payment plan of an
1026	insurer or an insurance agent. This subsection does not apply if
1027	an insured or member of the insured's family is renewing or
1028	replacing a policy or a binder for such policy written by the
1029	same insurer or a member of the same insurer group. This
1030	subsection does not apply to an insurer that issues private
1031	passenger motor vehicle coverage primarily to active duty or
1032	former military personnel or their dependents. This subsection
1033	does not apply if all policy payments are paid pursuant to a
1034	payroll deduction plan or an automatic electronic funds transfer
1035	payment plan from the policyholder, provided that the first
1036	policy payment is made by cash, cashier's check, check, or a
1037	money order. This subsection and subsection (4) do not apply if
1038	all policy payments to an insurer are paid pursuant to an
1039	automatic electronic funds transfer payment plan from an agent
1040	or a managing general agent and if the policy includes, at a
1041	minimum, emergency care coverage personal injury protection
1042	pursuant to s. 627.7363 ss. 627.730-627.7405; motor vehicle
1043	property damage liability pursuant to s. 627.7275; and bodily
1044	injury liability in at least the amount of $10,000 because of
1045	bodily injury to, or death of, one person in any one accident
1046	and in the amount of $20,000 because of bodily injury to, or
1047	death of, two or more persons in any one accident. This
1048	subsection and subsection (4) do not apply if an insured has had
1049	a policy in effect for at least 6 months, the insured's agent is
1050	terminated by the insurer that issued the policy, and the
1051	insured obtains coverage on the policy's renewal date with a new
1052	company through the terminated agent.
1053	Section 37.  Section 627.8405, Florida Statutes, is amended
1054	to read:
1055	627.8405  Prohibited acts; financing companies.--No premium
1056	finance company shall, in a premium finance agreement or other
1057	agreement, finance the cost of or otherwise provide for the
1058	collection or remittance of dues, assessments, fees, or other
1059	periodic payments of money for the cost of:
1060	(1)  A membership in an automobile club. The term
1061	"automobile club" means a legal entity which, in consideration
1062	of dues, assessments, or periodic payments of money, promises
1063	its members or subscribers to assist them in matters relating to
1064	the ownership, operation, use, or maintenance of a motor
1065	vehicle; however, this definition of "automobile club" does not
1066	include persons, associations, or corporations which are
1067	organized and operated solely for the purpose of conducting,
1068	sponsoring, or sanctioning motor vehicle races, exhibitions, or
1069	contests upon racetracks, or upon racecourses established and
1070	marked as such for the duration of such particular events. The
1071	words "motor vehicle" used herein have the same meaning as
1072	defined in chapter 320.
1073	(2)  An accidental death and dismemberment policy sold in
1074	combination with an emergency care coverage a personal injury
1075	protection and property damage only policy.
1076	(3)  Any product not regulated under the provisions of this
1077	insurance code.
1078
1079	This section also applies to premium financing by any insurance
1080	agent or insurance company under part XVI. The commission shall
1081	adopt rules to assure disclosure, at the time of sale, of
1082	coverages financed with emergency care coverage personal injury
1083	protection and shall prescribe the form of such disclosure.
1084	Section 38.  Subsection (1) of section 627.915, Florida
1085	Statutes, is amended to read:
1086	627.915  Insurer experience reporting.--
1087	(1)  Each insurer transacting private passenger automobile
1088	insurance in this state shall report certain information
1089	annually to the office. The information will be due on or before
1090	July 1 of each year. The information shall be divided into the
1091	following categories: bodily injury liability; property damage
1092	liability; uninsured motorist; emergency care coverage personal
1093	injury protection benefits; medical payments; comprehensive and
1094	collision. The information given shall be on direct insurance
1095	writings in the state alone and shall represent total limits
1096	data. The information set forth in paragraphs (a)-(f) is
1097	applicable to voluntary private passenger and Joint Underwriting
1098	Association private passenger writings and shall be reported for
1099	each of the latest 3 calendar-accident years, with an evaluation
1100	date of March 31 of the current year. The information set forth
1101	in paragraphs (g)-(j) is applicable to voluntary private
1102	passenger writings and shall be reported on a calendar-accident
1103	year basis ultimately seven times at seven different stages of
1104	development.
1105	(a)  Premiums earned for the latest 3 calendar-accident
1106	years.
1107	(b)  Loss development factors and the historic development
1108	of those factors.
1109	(c)  Policyholder dividends incurred.
1110	(d)  Expenses for other acquisition and general expense.
1111	(e)  Expenses for agents' commissions and taxes, licenses,
1112	and fees.
1113	(f)  Profit and contingency factors as utilized in the
1114	insurer's automobile rate filings for the applicable years.
1115	(g)  Losses paid.
1116	(h)  Losses unpaid.
1117	(i)  Loss adjustment expenses paid.
1118	(j)  Loss adjustment expenses unpaid.
1119	Section 39.  Paragraph (d) of subsection (2) and paragraph
1120	(d) of subsection (3) of section 628.909, Florida Statutes, are
1121	amended to read:
1122	628.909  Applicability of other laws.--
1123	(2)  The following provisions of the Florida Insurance Code
1124	shall apply to captive insurers who are not industrial insured
1125	captive insurers to the extent that such provisions are not
1126	inconsistent with this part:
1127	(d)  Section 627.7363 Sections 627.730-627.7405, when no-
1128	fault coverage is provided.
1129	(3)  The following provisions of the Florida Insurance Code
1130	shall apply to industrial insured captive insurers to the extent
1131	that such provisions are not inconsistent with this part:
1132	(d)  Section 627.7363 Sections 627.730-627.7405 when no-
1133	fault coverage is provided.
1134	Section 40.  Paragraphs (a), (b), and (c) of subsection (4)
1135	of section 713.78, Florida Statutes, are amended to read:
1136	713.78  Liens for recovering, towing, or storing vehicles
1137	and vessels.--
1138	(4)(a)  Any person regularly engaged in the business of
1139	recovering, towing, or storing vehicles or vessels who comes
1140	into possession of a vehicle or vessel pursuant to subsection
1141	(2), and who claims a lien for recovery, towing, or storage
1142	services, shall give notice to the registered owner, the
1143	insurance company insuring the vehicle notwithstanding the
1144	provisions of s. 627.736, and to all persons claiming a lien
1145	thereon, as disclosed by the records in the Department of
1146	Highway Safety and Motor Vehicles or of a corresponding agency
1147	in any other state.
1148	(b)  Whenever any law enforcement agency authorizes the
1149	removal of a vehicle or vessel or whenever any towing service,
1150	garage, repair shop, or automotive service, storage, or parking
1151	place notifies the law enforcement agency of possession of a
1152	vehicle or vessel pursuant to s. 715.07(2)(a)2., the applicable
1153	law enforcement agency shall contact the Department of Highway
1154	Safety and Motor Vehicles, or the appropriate agency of the
1155	state of registration, if known, within 24 hours through the
1156	medium of electronic communications, giving the full description
1157	of the vehicle or vessel. Upon receipt of the full description
1158	of the vehicle or vessel, the department shall search its files
1159	to determine the owner's name, the insurance company insuring
1160	the vehicle or vessel, and whether any person has filed a lien
1161	upon the vehicle or vessel as provided in s. 319.27(2) and (3)
1162	and notify the applicable law enforcement agency within 72
1163	hours. The person in charge of the towing service, garage,
1164	repair shop, or automotive service, storage, or parking place
1165	shall obtain such information from the applicable law
1166	enforcement agency within 5 days after the date of storage and
1167	shall give notice pursuant to paragraph (a). The department may
1168	release the insurance company information to the requestor
1169	notwithstanding the provisions of s. 627.736.
1170	(c)  Notice by certified mail, return receipt requested,
1171	shall be sent within 7 business days after the date of storage
1172	of the vehicle or vessel to the registered owner, the insurance
1173	company insuring the vehicle notwithstanding the provisions of
1174	s. 627.736, and all persons of record claiming a lien against
1175	the vehicle or vessel. It shall state the fact of possession of
1176	the vehicle or vessel, that a lien as provided in subsection (2)
1177	is claimed, that charges have accrued and the amount thereof,
1178	that the lien is subject to enforcement pursuant to law, and
1179	that the owner or lienholder, if any, has the right to a hearing
1180	as set forth in subsection (5), and that any vehicle or vessel
1181	which remains unclaimed, or for which the charges for recovery,
1182	towing, or storage services remain unpaid, may be sold free of
1183	all prior liens after 35 days if the vehicle or vessel is more
1184	than 3 years of age or after 50 days if the vehicle or vessel is
1185	3 years of age or less.
1186	Section 41.  Paragraph (c) of subsection (7), paragraphs
1187	(a), (b), and (c) of subsection (8), and subsection (9) of
1188	section 817.234, Florida Statutes, are amended to read:
1189	817.234  False and fraudulent insurance claims.--
1190	(7)
1191	(c)  An insurer, or any person acting at the direction of
1192	or on behalf of an insurer, may not change an opinion in a
1193	mental or physical report prepared under s. 627.736(7) or direct
1194	the physician preparing the report to change such opinion;
1195	however, this provision does not preclude the insurer from
1196	calling to the attention of the physician errors of fact in the
1197	report based upon information in the claim file. Any person who
1198	violates this paragraph commits a felony of the third degree,
1199	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1200	(8)(a)  It is unlawful for any person intending to defraud
1201	any other person to solicit or cause to be solicited any
1202	business from a person involved in a motor vehicle accident for
1203	the purpose of making, adjusting, or settling motor vehicle tort
1204	claims or claims for emergency care coverage personal injury
1205	protection benefits required by s. 627.7363 627.736. Any person
1206	who violates the provisions of this paragraph commits a felony
1207	of the second degree, punishable as provided in s. 775.082, s.
1208	775.083, or s. 775.084. A person who is convicted of a violation
1209	of this subsection shall be sentenced to a minimum term of
1210	imprisonment of 2 years.
1211	(b)  A person may not solicit or cause to be solicited any
1212	business from a person involved in a motor vehicle accident by
1213	any means of communication other than advertising directed to
1214	the public for the purpose of making motor vehicle tort claims
1215	or claims for emergency care coverage personal injury protection
1216	benefits required by s. 627.7363 627.736, within 60 days after
1217	the occurrence of the motor vehicle accident. Any person who
1218	violates this paragraph commits a felony of the third degree,
1219	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1220	(c)  A lawyer, health care practitioner as defined in s.
1221	456.001, or owner or medical director of a clinic required to be
1222	licensed pursuant to s. 400.9905 may not, at any time after 60
1223	days have elapsed from the occurrence of a motor vehicle
1224	accident, solicit or cause to be solicited any business from a
1225	person involved in a motor vehicle accident by means of in
1226	person or telephone contact at the person's residence, for the
1227	purpose of making motor vehicle tort claims or claims for
1228	emergency care coverage personal injury protection benefits
1229	required by s. 627.7363 627.736. Any person who violates this
1230	paragraph commits a felony of the third degree, punishable as
1231	provided in s. 775.082, s. 775.083, or s. 775.084.
1232	(9)  A person may not organize, plan, or knowingly
1233	participate in an intentional motor vehicle crash or a scheme to
1234	create documentation of a motor vehicle crash that did not occur
1235	for the purpose of making motor vehicle tort claims or claims
1236	for emergency care coverage personal injury protection benefits
1237	as required by s. 627.7363 627.736. Any person who violates this
1238	subsection commits a felony of the second degree, punishable as
1239	provided in s. 775.082, s. 775.083, or s. 775.084. A person who
1240	is convicted of a violation of this subsection shall be
1241	sentenced to a minimum term of imprisonment of 2 years.
1242	Section 42.  Effective June 1, 2008, sections 627.730,
1243	627.731, 627.732, 627.733, 627.734, 627.736, 627.737, 627.739,
1244	627.7401, 627.7403, and 627.7405, Florida Statutes, constituting
1245	the Florida Motor Vehicle No-Fault Law, are repealed unless
1246	reviewed and reenacted by the Legislature before that date. This
1247	section shall take effect upon this act becoming a law.
1248	Section 43.  Section 19 of chapter 2003-411, Laws of
1249	Florida, is repealed, and sections 627.730, 627.731, 627.732,
1250	627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,
1251	and 627.7405, Florida Statutes, are reenacted and shall not
1252	stand repealed on October 1, 2007, as provided for in that
1253	section. This section shall take effect upon this act becoming a
1254	law.
1255	Section 44.  Effective upon this act becoming a law, for
1256	the 2007-2008 fiscal year, the sum of $2,398,278 is appropriated
1257	from the Insurance Regulatory Trust Fund to the Department of
1258	Financial Services and 30 full-time equivalent positions with
1259	1,387,860 in associated salary rate are authorized as senior
1260	insurance fraud investigators in the Division of Insurance Fraud
1261	of the Department of Financial Services. Personnel appointed to
1262	these positions must be certified law enforcement officers.
1263	These positions shall be included within the certified law
1264	enforcement collective bargaining unit and shall have a minimum
1265	annual salary of $46,262.
1266	Section 45.  Effective upon this act becoming a law, for
1267	the 2007-2008 fiscal year, the sum of $408,000 is appropriated
1268	from the Insurance Regulatory Trust Fund to the Department of
1269	Financial Services for purposes of enforcing the Florida Motor
1270	Vehicle No-Fault Law in Miami, Orlando, and Tampa. These funds
1271	shall be transferred to the Justice Administrative Commission.
1272	Section 46.  Effective upon this act becoming a law, for
1273	the 2007-2008 fiscal year, the sum of $408,000 is appropriated
1274	from the Grants and Donations Trust Fund to the Justice
1275	Administrative Commission and six full-time equivalent positions
1276	with 270,000 in associated salary rate are authorized for
1277	purposes of enforcing the Florida Motor Vehicle No-Fault Law in
1278	Miami, Orlando, and Tampa.
1279	Section 47.  Except as otherwise expressly provided in this
1280	act, this act shall take effect October 1, 2007.
1281
1282	======== T I T L E  A M E N D M E N T ========
1283	Remove lines 1873-1876 and insert:
1284	repealing s. 19 of chapter 2003-411, Laws of Florida;
1285	abrogating the repeal of the Florida Motor Vehicle No-
1286	Fault Law as provided for in that section; reenacting ss.
1287	627.730, 627.731, 627.732, 627.733, 627.734, 627.736,
1288	627.737, 627.739, 627.7401, 627.7403, and 627.7405, F.S.,
1289	the Florida Motor Vehicle No-Fault Law, and providing for
1290	future review and repeal; providing an appropriation;
1291	authorizing specified positions and providing
1292	appropriations for enforcing the Florida Motor Vehicle No-
1293	Fault Law in specified areas; providing effective dates.

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