HB 7215

1	A bill to be entitled
2	An act relating to insurance; creating s. 627.7361, F.S.;
3	providing emergency care coverage benefits security
4	requirements for certain motor vehicle owners or
5	registrants; providing an exemption for certain military
6	personnel under certain circumstances; requiring the
7	Department of Highway Safety and Motor Vehicles to suspend
8	the registration and driver license of certain persons
9	under certain circumstances; providing requirements and
10	procedures for reinstatement; creating s. 627.7362, F.S.;
11	providing requirements for proof of required security;
12	providing a criminal penalty; creating s. 627.7363, F.S.;
13	providing emergency care coverage requirements; specifying
14	required benefits; providing definitions; providing
15	limitations; providing requirements for payment of
16	benefits; providing requirements and procedures for
17	assignment of benefits; providing insurer data reporting
18	requirements; amending s. 627.901, F.S.; providing
19	criteria for installment payment service charges;
20	providing that certain policies in compliance with
21	specified security requirements in prior provisions shall
22	be deemed to comply with the security requirement
23	provisions created by this act until the policies expire
24	or are terminated; providing a sunset date; amending ss.
25	316.646, 318.18, 320.02, 320.0609, 320.27, 320.771,
26	322.251, 322.34, F.S. conforming provisions to changes
27	made by the act; amending s. 324.021, F.S., conforming
28	provisions to changes made by the act; providing a
29	definition of "commercial motor vehicle" to replace
30	language in a repealed statute; amending s. 324.022, F.S.,
31	conforming provisions to changes made by the act;
32	providing definitions; amending ss. 324.171, 400.9935,
33	409.901, 409.910, 456.057, 456.072, 626.9541, 627.06501,
34	627.0652, 627.0653, 627.4132, 627.6482, and 627.7263,
35	F.S., conforming provisions to changes made by the act;
36	amending s. 627.727, F.S., conforming provisions to
37	changes made by the act; deleting provisions relating to
38	legal liability of an uninsured motorist insurer with
39	respect to damages in tort for pain, suffering, mental
40	anguish, and convenience that reference repealed
41	provisions; amending ss. 627.7275, 627.728, 627.7295,
42	627.8405, 627.915, 628.909, 713.78, and 817.234, F.S.,
43	conforming provisions to changes made by the act;
44	providing an effective date.
45
46	Be It Enacted by the Legislature of the State of Florida:
47
48	Section 1.  Section 627.7361, Florida Statutes, is created
49	to read:
50	627.7361  Required security.--
51	(1)(a)  Every owner or registrant of a motor vehicle, other
52	than a motor vehicle used as a school bus as defined in s.
53	1006.25 or limousine, required to be registered and licensed in
54	this state shall maintain security as required by subsection (3)
55	in effect continuously throughout the registration or licensing
56	period.
57	(b)  Every owner or registrant of a motor vehicle used as a
58	taxicab shall not be governed by paragraph (a) but shall
59	maintain security as required under s. 324.032.
60	(2)  Every nonresident owner or registrant of a motor
61	vehicle that, whether operated or not, has been physically
62	present within this state for more than 90 days during the
63	preceding 365 days shall thereafter maintain security as
64	required by subsection (3) in effect continuously throughout the
65	period such motor vehicle remains within this state.
66	(3)  Such security shall be provided:
67	(a)  By an insurance policy delivered or issued for
68	delivery in this state by an authorized or eligible motor
69	vehicle liability insurer that provides the emergency care
70	coverage benefits and exemptions contained in s. 627.7363. Any
71	policy of insurance represented or sold by an authorized or
72	eligible motor vehicle liability insurer as providing the
73	security required by this paragraph shall be deemed to provide
74	insurance for the payment of the required benefits; or
75	(b)  By any other method authorized by s. 324.031(2), (3),
76	or (4) and approved by the Department of Highway Safety and
77	Motor Vehicles as affording security equivalent to that afforded
78	by a policy of insurance or by self-insuring as authorized by s.
79	768.28(16). The person filing such security shall have all of
80	the obligations and rights of an insurer under ss. 627.7361-
81	627.7363.
82	(4)  In addition to other persons who are not required to
83	provide required security as required under this section and s.
84	324.022, the owner, registrant, or operator of a motor vehicle
85	is exempt from providing such proof of financial responsibility
86	if he or she is a member of the United States Armed Forces and
87	is called to or on active duty outside this state or the United
88	States, or if the owner of the vehicle is the dependent spouse
89	of such active duty member and is also residing with the active
90	duty member at the place of posting of such member, and the
91	vehicle is primarily maintained at such place of posting. The
92	exemption provided by this subsection applies only as long as
93	the member of the armed forces is on such active duty outside
94	this state or the United States and the owner complies with the
95	security requirements of the state of posting or any possession
96	or territory of the United States. Upon receipt of a written
97	request by the insured to whom the exemption provided in this
98	subsection applies, the insurer shall cancel the coverages and
99	return any unearned premium or suspend the security required by
100	this section and s. 324.022. Notwithstanding subsection (5), the
101	Department of Highway Safety and Motor Vehicles may not suspend
102	the registration or operator's driver's license during the time
103	she or he qualified for an exemption under this subsection. Any
104	owner or registrant of a motor vehicle who qualifies for an
105	exemption under this subsection shall immediately notify the
106	department prior to and at the end of the expiration of the
107	exemption.
108	(5)  The Department of Highway Safety and Motor Vehicles
109	shall suspend, after due notice and an opportunity to be heard,
110	the registration and driver's license of any owner or registrant
111	of a motor vehicle with respect to which security is required
112	under this section and s. 324.022:
113	(a)  Upon records of the department showing that the owner
114	or registrant of such motor vehicle did not have in full force
115	and effect when required security complying with the terms of
116	this section; or
117	(b)  Upon notification by the insurer to the department, in
118	a form approved by the department, of cancellation or
119	termination of the required security.
120	(6)  Any operator or owner whose driver's license or
121	registration has been suspended pursuant to this section or s.
122	316.646 may effect reinstatement of the license or registration
123	upon compliance with the requirements of this section and upon
124	payment to the department of a nonrefundable reinstatement fee
125	of $150 for the first reinstatement. Such reinstatement fee
126	shall be $250 for the second reinstatement and $500 for each
127	subsequent reinstatement during the 3 years following the first
128	reinstatement. If the person does not have a second
129	reinstatement within 3 years after her or his initial
130	reinstatement, the reinstatement fee shall be $150 for the first
131	reinstatement after that 3-year period. If a person's license
132	and registration are suspended pursuant to this section or s.
133	316.646, only one reinstatement fee shall be paid to reinstate
134	the license and the registration. All fees shall be collected by
135	the department at the time of reinstatement. The department
136	shall issue proper receipts for such fees and shall promptly
137	deposit those fees into the Highway Safety Operating Trust Fund.
138	One-third of the fee collected under this subsection shall be
139	distributed from the Highway Safety Operating Trust Fund to the
140	local government entity or state agency that employed the law
141	enforcement officer who seized a license plate pursuant to s.
142	324.201. Such funds may be used by the local government entity
143	or state agency for any authorized purpose.
144	Section 2.  Section 627.7362, Florida Statutes, is created
145	to read:
146	627.7362  Proof of security; security requirements;
147	penalties.--
148	(1)  The provisions of chapter 324 that pertain to the
149	method of giving and maintaining proof of financial
150	responsibility and that govern and define a motor vehicle
151	liability policy shall apply to filing and maintaining proof of
152	security required by ss. 627.7361-627.7363.
153	(2)  Any person who:
154	(a)  Gives information required in a report or otherwise as
155	provided for in ss. 627.7361-627.7363, knowing or having reason
156	to believe that such information is false;
157	(b)  Forges or, without authority, signs any evidence of
158	proof of security; or
159	(c)  Files, or offers for filing, any such evidence of
160	proof, knowing or having reason to believe that such evidence of
161	proof of security is forged or signed without authority, commits
162	a misdemeanor of the first degree, punishable as provided in s.
163	775.082 or s. 775.083.
164	Section 3.  Section 627.7363, Florida Statutes, is created
165	to read:
166	627.7363  Required emergency care coverage.--
167	(1)  REQUIRED BENEFITS.--
168	(a)  Each insurance policy complying with the security
169	requirements of s. 627.7361 shall provide emergency care
170	coverage to the named insured, relatives residing in the same
171	household, persons operating the insured motor vehicle,
172	passengers in such motor vehicle, and other persons struck by
173	such motor vehicle and suffering bodily injury while not an
174	occupant of a self-propelled vehicle, subject to the terms and
175	limitations of this chapter and the insurance policy, to a limit
176	of $15,000 for loss sustained by any such person as a result of
177	bodily injury, sickness, disease, or death arising out of the
178	ownership, maintenance, or use of a motor vehicle for one
179	hundred percent of all allowable charges for medically necessary
180	emergency care consisting of but not limited to medical,
181	surgical, X-ray, dental, rehabilitative services, prosthetic
182	devices, ambulance, hospital, and nursing services for the
183	following services:
184	1.  Emergency transport and treatment rendered by an
185	ambulance provider licensed under part III of chapter 401 within
186	12 hours after the motor vehicle accident.
187	2.  Emergency services and care, as defined in s.
188	395.002(10), rendered within 72 hours after the motor vehicle
189	accident, by physicians, dentists, and hospitals in a hospital
190	emergency department, trauma center, or inpatient department
191	licensed pursuant to chapter 395.
192	3.  Subsequent medically necessary hospital, dental, and
193	physician inpatient care resulting from a motor vehicle
194	accident, provided the patient is admitted within 72 hours after
195	the motor vehicle accident.
196	4.  Subsequent medically necessary care and services
197	directly related to a medical diagnosis rendered within 72 hours
198	after the motor vehicle accident, subject to the following:
199	a.  The diagnosis shall be rendered in a hospital emergency
200	department, trauma center, or inpatient department licensed
201	under chapter 395 and rendered by a physician licensed under
202	chapter 458; an osteopathic physician licensed under chapter
203	459; or dentist licensed under chapter 466; and
204	b.  Medically necessary care and services shall be provided
205	at a facility owned by either the hospital, the dentist, or the
206	physician and rendered by a physician licensed under chapter
207	458, an osteopathic physician licensed under chapter 459, a
208	dentist licensed under chapter 466, a physician assistant
209	licensed under chapter 458 or 459, or a registered nurse who
210	meets the definition of s. 464.003(4).
211	(b)  All charges for emergency and subsequent medically
212	necessary care, treatment, and services are subject to the
213	provisions of section (5).
214	(2)  DEFINITIONS.--As used in ss. 627.7361-627.7363, the
215	term:
216	(a)  "Hospital" means a facility that was licensed under
217	chapter 395 at the time services or treatment were rendered.
218	(b)  "Inpatient care" means medically necessary services
219	provided for the medical care and treatment of an insured who is
220	admitted as an inpatient to a hospital as defined in s.
221	395.002(13).
222	(c)  "Medically necessary" means a medical service,
223	diagnostic test, or supply that a prudent physician would
224	provide for the purpose of preventing, diagnosing, or treating
225	an illness, injury, disease, or symptom in a manner that is:
226	1.  In accordance with generally accepted standards of
227	medical practice.
228	2.  Clinically appropriate in terms of type, frequency,
229	extent, site, and duration.
230	3.  Not primarily for the convenience of the patient,
231	physician, or other health care provider.
232	(d)  "Motor vehicle" means any vehicle with four or more
233	wheels which is of a type both designed and required to be
234	licensed for use on the highways of this state and any trailer
235	or semitrailer designed for use with such vehicle.
236	(e)  "Named insured" means a person, usually the owner of a
237	vehicle, identified in a policy by name as the insured under the
238	policy.
239	(f)  "Owner" means a person who holds the legal title to a
240	motor vehicle or a debtor or lessee who has the right to
241	possession if a motor vehicle is the subject of a security
242	agreement or lease with an option to purchase.
243	(g)  "Relative residing in the same household" means a
244	relative of any degree by blood or by marriage who at the time
245	of injury makes his or her home in the same family unit, whether
246	or not temporarily living elsewhere.
247	(h)  "Rendered" means actual performance or a treatment or
248	a service incident to the provider's professional services.
249	(i)  "Self-propelled vehicle" means any vehicle which is
250	not propelled solely by human power. The term includes, but is
251	not limited to, motorcycles, ATVs, scooters, minibikes, golf
252	carts, and similar vehicles.
253	(j)  "Service" or "services" includes treatment,
254	procedures, supplies, and equipment.
255	(3)  LIMITATIONS.--Only insurers writing motor vehicle
256	liability insurance in this state may provide the required
257	benefits of this section, and such insurers may not require the
258	purchase of any other motor vehicle coverage other than the
259	purchase of property damage liability coverage as required by s.
260	627.7275 as a condition for providing such required benefits.
261	Insurers may not require that property damage liability
262	insurance in an amount greater than $10,000 be purchased in
263	conjunction with emergency care coverage. Such insurers shall
264	make benefits and required property damage liability insurance
265	coverage available through normal marketing channels. Any
266	insurer writing motor vehicle liability insurance in this state
267	that fails to comply with such availability requirement as a
268	general business practice violates part IX of chapter 626, and
269	such violation constitutes an unfair method of competition or an
270	unfair or deceptive act or practice involving the business of
271	insurance. Any such insurer committing such violation is subject
272	to the penalties imposed in such part, as well as applicable
273	penalties that may be imposed elsewhere in the insurance code.
274	(4)  BENEFITS.--Benefits due from an insurer under this
275	section shall be primary, except benefits received under any
276	workers' compensation law shall be credited against the benefits
277	provided by subsection (1), and shall be due and payable as loss
278	accrues, upon compliance with the terms and conditions of the
279	insurance policy and this section.
280	(5)  CHARGES FOR TREATMENT OF INJURED PERSONS.--Providers
281	lawfully rendering treatment to an injured person pursuant to
282	this section shall submit claims to insurers and insurers shall
283	receive, process, and, after October 1, 2008, pay claims
284	pursuant to the requirements of s. 627.6131. The insurer may
285	reimburse health care facilities and providers for their billed
286	charges or reimburse health care facilities and providers
287	according to the following schedule:
288	(a)  Emergency transport and treatment by providers
289	licensed pursuant to chapter 401 may be reimbursed at 150
290	percent of Medicare reimbursement;
291	(b)  Emergency services and care provided by hospitals
292	licensed pursuant to chapter 395 may be reimbursed at 75 percent
293	of billed charges;
294	(c)  Hospital inpatient services may be reimbursed at 150
295	percent of the Medicare Part A prospective payment applicable to
296	the specific hospital providing the services;
297	(d)  Other hospital outpatient services not associated with
298	emergency services and care may be reimbursed at 150 percent of
299	the Medicare Part A Ambulatory Payment Classification for the
300	specific hospital providing the services;
301	(e)  Physicians licensed pursuant to chapter 458, chapter
302	459, or chapter 466 rendering emergency services and care,
303	inpatient services and care, and subsequent medically necessary
304	services and care, may be reimbursed at 75 percent of their
305	usual and customary charges as billed; and
306	(f)  All other providers may be reimbursed at 150 percent
307	of the applicable Medicare Part B fee schedule.
308
309	However, if such treatment, care, procedure or service is not
310	reimbursable under either Medicare Part A or Medicare Part B the
311	insurer may apply a maximum limitation that is equal to the
312	maximum reimbursable allowance under workers' compensation, as
313	determined under s. 440.13 and rules adopted thereunder, which
314	are in effect at the time such treatment, care, procedure, or
315	service is performed. Treatments, care, procedures, or services
316	that are not reimbursable by Medicare or workers' compensation
317	are not reimbursable by the insurer.
318	(6)  REQUIRED PAYMENT OF BENEFITS.--The insurer of the
319	owner of a motor vehicle shall pay emergency care benefits for:
320	(a)  Accidental bodily injury sustained in this state by
321	the owner while occupying a motor vehicle, or while not an
322	occupant of a self-propelled vehicle if the injury is caused by
323	physical contact with a motor vehicle.
324	(b)  Accidental bodily injury sustained outside this state,
325	but within the United States or its territories or possessions
326	or Canada, by the owner while occupying the owner's motor
327	vehicle.
328	(c)  Accidental bodily injury sustained by a relative of
329	the owner residing in the same household, under the
330	circumstances described in paragraph (a) or paragraph (b),
331	provided the relative at the time of the accident is domiciled
332	in the owner's household and is not the owner of a motor vehicle
333	with respect to which security is required or has not waived
334	such coverage under this section.
335	(d)  Accidental bodily injury sustained in this state by
336	any other person while occupying the owner's motor vehicle or,
337	if the injured person is a resident of this state who is injured
338	while not an occupant of a self-propelled vehicle, if the injury
339	is caused by physical contact with such motor vehicle, provided
340	the injured person is not:
341	1.  The owner of a motor vehicle with respect to which
342	security is required or has not waived such coverage under this
343	section.
344	2.  Entitled to emergency care benefits from the insurer of
345	the owner or owners of such motor vehicle.
346	(e)  If two or more insurers are liable for emergency care
347	benefits for the same injury to any single person, the maximum
348	amount payable shall be as specified in subsection (1), and any
349	insurer paying the benefits shall be entitled to recover from
350	each of the other insurers an equitable pro rata share of the
351	benefits paid an expenses incurred in processing the claim.
352	(7)  AUTHORIZED EXCLUSIONS.--Any insurance company may
353	exclude emergency care benefits for any injury sustained by:
354	(a)  The named insured and the named insured's spouse,
355	parents by blood or marriage, and children natural or adopted
356	residing in the same household while occupying another motor
357	vehicle owned by the named insured and not insured under the
358	policy.
359	(b)  Any person operating the insured motor vehicle without
360	the express or implied consent of the insured.
361	(c)  Any injured person, if such person's conduct
362	contributed to her or his injury under any of the following
363	circumstances:
364	1.  Intentionally causing injury or a claim for injury to
365	herself or himself;
366	2.  Being injured while committing a felony; or
367	3.  Being injured while attempting to flee or elude arrest
368	or detention by a law enforcement officer.
369	(d)  Any person while operating a self-propelled vehicle.
370	(8)  ASSIGNMENT OF BENEFITS.--
371	(a)  Emergency care benefits are assigned to a health care
372	provider by the submission of a claim by a health care provider,
373	with the consent of the insured. The insured shall have no right
374	to receive any emergency care benefits directly or indirectly
375	from the insurer.
376	(b)  An insured may execute an assignment of benefits to
377	different health care providers or authorize various health care
378	providers to submit emergency care claims. The insurer is not
379	required to reserve emergency care benefits for any provider
380	during the investigation of the provider's bills and shall
381	timely pay all bills in the insurer's possession that are
382	properly payable. In the event of multiple competing assignments
383	of benefits in which any single claim will exhaust benefits, the
384	insurer may determine which bill to pay first.
385	(c)  An assignment of emergency care benefits to the
386	provider shall be authorized under this section. The insured is
387	released of all obligations for the medical bills once an
388	assignment of benefits is executed. While benefits remain under
389	the policy, any agreement requiring the injured person or
390	insured to pay for charges is unenforceable. Notwithstanding
391	such assignment of benefits, the insured shall be responsible
392	for the allowable amount of the provider's bills once benefits
393	have been exhausted.
394	(9)  INSURED'S RIGHTS TO RECOVERY OF SPECIAL DAMAGES IN
395	TORT CLAIMS.--An injured person who is entitled to bring suit
396	for special damages shall have no right to recover any damages
397	for which emergency care coverage benefits are paid. A plaintiff
398	may prove all of her or his special damages notwithstanding this
399	limitation, but if special damages are introduced into evidence,
400	the trier of fact, whether a judge or jury, may not award
401	damages for emergency care coverage benefits paid. In all cases
402	in which a jury is required to fix damages, the court shall
403	instruct the jury that the plaintiff shall not recover such
404	special damages for emergency care benefits paid.
405	(10)  DATA REPORTING.--
406	(a)  Each insurer that has issued a policy providing
407	emergency care coverage benefits shall report the renewal,
408	cancellation, or nonrenewal of such policy to the Department of
409	Highway Safety and Motor Vehicles within 45 days after the
410	effective date of the renewal, cancellation, or nonrenewal. Upon
411	the issuance of a policy providing emergency care coverage
412	benefits to a named insured not previously insured by the
413	insurer during that calendar year, the insurer shall report the
414	issuance of the new policy to the Department of Highway Safety
415	and Motor Vehicles within 30 days. The report must be in such
416	form and format and contain such information as is required by
417	the department and must include a format compatible with the
418	data processing capabilities of the department. Failure by an
419	insurer to file proper reports with the department constitutes a
420	violation of the Florida Insurance Code. Reports of
421	cancellations and policy renewals and reports of the issuance of
422	new policies received by the department may be used for
423	enforcement and regulatory purposes only, including the
424	generation by the department of data regarding compliance by
425	owners of motor vehicles with financial responsibility coverage
426	requirements. In addition, the department shall release, upon a
427	written request by a person involved in a motor vehicle
428	accident, the name of the person's attorney or of a
429	representative of the person's motor vehicle insurer, the name
430	of the insurance company, and the policy number for the policy
431	covering the vehicle named by the requesting party. The written
432	request must include a copy of the appropriate accident form as
433	provided in s. 316.065, s. 316.066, or s. 316.068.
434	(b)  For each insurance policy providing emergency care
435	coverage benefits, the insurer shall notify the named insured
436	or, in the case of a commercial fleet policy, the first named
437	insured in writing that any cancellation or nonrenewal of the
438	policy will be reported by the insurer to the department. The
439	notice must also inform the named insured that failure to
440	maintain emergency care coverage and property damage liability
441	insurance on a motor vehicle when required by law may result in
442	the loss of registration and driving privileges in this state,
443	and the notice must inform the named insured of the amount of
444	the reinstatement fees required by s. 627.7361(6). This notice
445	is for informational purposes only, and an insurer is not
446	civilly liable for failing to provide this notice.
447	Section 4.  Subsection (1) of section 627.901, Florida
448	Statutes, is amended to read:
449	627.901  Premium financing by an insurance agent or
450	agency.--
451	(1)  A general lines agent may make reasonable service
452	charges for financing insurance premiums on policies issued or
453	business produced by such an agent or agency, s. 626.9541
454	notwithstanding. The service charge shall not exceed $3 per
455	installment. The maximum service charge shall not exceed $36 per
456	year. The service charge would also be permissible from the
457	insured when the agent processes, as a convenience and
458	accommodation to the insured, an installment payment from the
459	insured to the insurance company or premium finance company when
460	such payments can be made directly to the insurance company or
461	premium finance company by the insured. In no case may an agent
462	collect more than one service charge on any one payment. In lieu
463	of such service charges, an insurance agent or agency, at the
464	sole discretion of such agent or agency, may charge a rate of
465	interest not to exceed 18 percent simple interest per year on:
466	(a)  The unpaid balance; or
467	(b)  The average unpaid balance as billed over the term of
468	the policy and subject to endorsement changes. The interest
469	authorized by this paragraph may be billed in equal
470	installments.
471	Section 5.  Any automobile insurance policy written prior
472	to September 30, 2007, complying with the security requirement
473	of s. 627.733, Florida Statutes, shall be deemed to comply with
474	the security requirements of s. 627.7361, Florida Statutes, as
475	created by this act, until that policy expires or is terminated.
476	Section 6.  Effective October 1, 2012, ss. 627.7361,
477	627.7362, and 627.7363, Florida Statutes, as created by this
478	act, are repealed.
479	Section 7.  Subsections (1) and (3) of section 316.646,
480	Florida Statutes, are amended to read:
481	316.646  Security required; proof of security and display
482	thereof; dismissal of cases.--
483	(1)  Any person required by s. 627.7361 627.733 to maintain
484	personal injury protection security on a motor vehicle shall
485	have in his or her immediate possession at all times while
486	operating such motor vehicle proper proof of maintenance of the
487	security required by s. 627.7361 627.733 . Such proof shall be
488	either a uniform proof-of-insurance card in a form prescribed by
489	the department, a valid insurance policy, an insurance policy
490	binder, a certificate of insurance, or such other proof as may
491	be prescribed by the department.
492	(3)  Any person who violates this section is guilty of a
493	nonmoving traffic infraction subject to the penalty provided in
494	chapter 318 and shall be required to furnish proof of security
495	as provided in this section. If any person charged with a
496	violation of this section fails to furnish proof, at or before
497	the scheduled court appearance date, that security was in effect
498	at the time of the violation, the court may immediately suspend
499	the registration and driver's license of such person. Such
500	license and registration may only be reinstated as provided in
501	s. 627.7361 627.733.
502	Section 8.  Paragraph (b) of subsection (2) of section
503	318.18, Florida Statutes, is amended to read:
504	318.18  Amount of civil penalties.--The penalties required
505	for a noncriminal disposition pursuant to s. 318.14 are as
506	follows:
507	(2)  Thirty dollars for all nonmoving traffic violations
508	and:
509	(b)  For all violations of ss. 320.0605, 320.07(1),
510	322.065, and 322.15(1). Any person who is cited for a violation
511	of s. 320.07(1) shall be charged a delinquent fee pursuant to s.
512	320.07(4).
513	1.  If a person who is cited for a violation of s. 320.0605
514	or s. 320.07 can show proof of having a valid registration at
515	the time of arrest, the clerk of the court may dismiss the case
516	and may assess a dismissal fee of up to $7.50. A person who
517	finds it impossible or impractical to obtain a valid
518	registration certificate must submit an affidavit detailing the
519	reasons for the impossibility or impracticality. The reasons may
520	include, but are not limited to, the fact that the vehicle was
521	sold, stolen, or destroyed; that the state in which the vehicle
522	is registered does not issue a certificate of registration; or
523	that the vehicle is owned by another person.
524	2.  If a person who is cited for a violation of s. 322.03,
525	s. 322.065, or s. 322.15 can show a driver's license issued to
526	him or her and valid at the time of arrest, the clerk of the
527	court may dismiss the case and may assess a dismissal fee of up
528	to $7.50.
529	3.  If a person who is cited for a violation of s. 316.646
530	can show proof of security as required by s. 627.7361 627.733,
531	issued to the person and valid at the time of arrest, the clerk
532	of the court may dismiss the case and may assess a dismissal fee
533	of up to $7.50. A person who finds it impossible or impractical
534	to obtain proof of security must submit an affidavit detailing
535	the reasons for the impracticality. The reasons may include, but
536	are not limited to, the fact that the vehicle has since been
537	sold, stolen, or destroyed; that the owner or registrant of the
538	vehicle is not required by s. 627.7361 627.733 to maintain
539	security personal injury protection insurance; or that the
540	vehicle is owned by another person.
541	Section 9.  Paragraphs (a) and (d) of subsection (5) of
542	section 320.02, Florida Statutes, are amended to read:
543	320.02  Registration required; application for
544	registration; forms.--
545	(5)(a)  Proof that emergency care benefits personal injury
546	protection benefits have been purchased when required under s.
547	627.7361 627.733, that property damage liability coverage has
548	been purchased as required under s. 324.022, and that combined
549	bodily liability insurance and property damage liability
550	insurance have been purchased when required under s. 627.7415
551	shall be provided in the manner prescribed by law by the
552	applicant at the time of application for registration of any
553	motor vehicle owned as defined in s. 627.7363 627.732. The
554	issuing agent shall refuse to issue registration if such proof
555	of purchase is not provided. Insurers shall furnish uniform
556	proof-of-purchase cards in a form prescribed by the department
557	and shall include the name of the insured's insurance company,
558	the coverage identification number, the make, year, and vehicle
559	identification number of the vehicle insured. The card shall
560	contain a statement notifying the applicant of the penalty
561	specified in s. 316.646(4). The card or insurance policy,
562	insurance policy binder, or certificate of insurance or a
563	photocopy of any of these; an affidavit containing the name of
564	the insured's insurance company, the insured's policy number,
565	and the make and year of the vehicle insured; or such other
566	proof as may be prescribed by the department shall constitute
567	sufficient proof of purchase. If an affidavit is provided as
568	proof, it shall be in substantially the following form:
569
570	Under penalty of perjury, I   (Name of insured)   do hereby
571	certify that I have   (Emergency Care Coverage Personal Injury
572	Protection, Property Damage Liability, and, when required,
573	Bodily Injury Liability)   Insurance currently in effect with
574	(Name of insurance company)   under   (policy number)   covering
575	(make, year, and vehicle identification number of vehicle)  .
576	(Signature of Insured)
577
578	Such affidavit shall include the following warning:
579
580	WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
581	REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
582	LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
583	SUBJECT TO PROSECUTION.
584
585	When an application is made through a licensed motor vehicle
586	dealer as required in s. 319.23, the original or a photostatic
587	copy of such card, insurance policy, insurance policy binder, or
588	certificate of insurance or the original affidavit from the
589	insured shall be forwarded by the dealer to the tax collector of
590	the county or the Department of Highway Safety and Motor
591	Vehicles for processing. By executing the aforesaid affidavit,
592	no licensed motor vehicle dealer will be liable in damages for
593	any inadequacy, insufficiency, or falsification of any statement
594	contained therein. A card shall also indicate the existence of
595	any bodily injury liability insurance voluntarily purchased.
596	(d)  The verifying of proof of emergency care insurance
597	personal injury protection insurance, proof of combined bodily
598	liability insurance and property damage liability insurance, or
599	proof of financial responsibility insurance and the issuance or
600	failure to issue the motor vehicle registration under the
601	provisions of this chapter may not be construed in any court as
602	a warranty of the reliability or accuracy of the evidence of
603	such proof. Neither the department nor any tax collector is
604	liable in damages for any inadequacy, insufficiency,
605	falsification, or unauthorized modification of any item of the
606	proof of emergency care insurance personal injury protection
607	insurance, proof of combined bodily liability insurance and
608	property damage liability insurance, or proof of financial
609	responsibility insurance either prior to, during, or subsequent
610	to the verification of the proof. The issuance of a motor
611	vehicle registration does not constitute prima facie evidence or
612	a presumption of insurance coverage.
613	Section 10.  Paragraph (b) of subsection (1) of section
614	320.0609, Florida Statutes, is amended to read:
615	320.0609  Transfer and exchange of registration license
616	plates; transfer fee.--
617	(1)
618	(b)  The transfer of a license plate from a vehicle
619	disposed of to a newly acquired vehicle does not constitute a
620	new registration. The application for transfer shall be accepted
621	without requiring proof of emergency care personal injury
622	protection or liability insurance.
623	Section 11.  Subsection (3) of section 320.27, Florida
624	Statutes, is amended to read:
625	320.27  Motor vehicle dealers.--
626	(3)  APPLICATION AND FEE.--The application for the license
627	shall be in such form as may be prescribed by the department and
628	shall be subject to such rules with respect thereto as may be so
629	prescribed by it. Such application shall be verified by oath or
630	affirmation and shall contain a full statement of the name and
631	birth date of the person or persons applying therefor; the name
632	of the firm or copartnership, with the names and places of
633	residence of all members thereof, if such applicant is a firm or
634	copartnership; the names and places of residence of the
635	principal officers, if the applicant is a body corporate or
636	other artificial body; the name of the state under whose laws
637	the corporation is organized; the present and former place or
638	places of residence of the applicant; and prior business in
639	which the applicant has been engaged and the location thereof.
640	Such application shall describe the exact location of the place
641	of business and shall state whether the place of business is
642	owned by the applicant and when acquired, or, if leased, a true
643	copy of the lease shall be attached to the application. The
644	applicant shall certify that the location provides an adequately
645	equipped office and is not a residence; that the location
646	affords sufficient unoccupied space upon and within which
647	adequately to store all motor vehicles offered and displayed for
648	sale; and that the location is a suitable place where the
649	applicant can in good faith carry on such business and keep and
650	maintain books, records, and files necessary to conduct such
651	business, which will be available at all reasonable hours to
652	inspection by the department or any of its inspectors or other
653	employees. The applicant shall certify that the business of a
654	motor vehicle dealer is the principal business which shall be
655	conducted at that location. Such application shall contain a
656	statement that the applicant is either franchised by a
657	manufacturer of motor vehicles, in which case the name of each
658	motor vehicle that the applicant is franchised to sell shall be
659	included, or an independent (nonfranchised) motor vehicle
660	dealer. Such application shall contain such other relevant
661	information as may be required by the department, including
662	evidence that the applicant is insured under a garage liability
663	insurance policy, which shall include, at a minimum, $25,000
664	combined single-limit liability coverage including bodily injury
665	and property damage protection and $15,000 emergency care
666	benefits $10,000 personal injury protection. Such policy shall
667	be for the license period, and evidence of a new or continued
668	policy shall be delivered to the department at the beginning of
669	each license period. Upon making such initial application, the
670	person applying therefor shall pay to the department a fee of
671	$300 in addition to any other fees now required by law; upon
672	making a subsequent renewal application, the person applying
673	therefor shall pay to the department a fee of $75 in addition to
674	any other fees now required by law. Upon making an application
675	for a change of location, the person shall pay a fee of $50 in
676	addition to any other fees now required by law. The department
677	shall, in the case of every application for initial licensure,
678	verify whether certain facts set forth in the application are
679	true. Each applicant, general partner in the case of a
680	partnership, or corporate officer and director in the case of a
681	corporate applicant, must file a set of fingerprints with the
682	department for the purpose of determining any prior criminal
683	record or any outstanding warrants. The department shall submit
684	the fingerprints to the Department of Law Enforcement for state
685	processing and forwarding to the Federal Bureau of Investigation
686	for federal processing. The actual cost of such state and
687	federal processing shall be borne by the applicant and is to be
688	in addition to the fee for licensure. The department may issue a
689	license to an applicant pending the results of the fingerprint
690	investigation, which license is fully revocable if the
691	department subsequently determines that any facts set forth in
692	the application are not true or correctly represented.
693	Section 12.  Paragraph (j) of subsection (3) of section
694	320.771, Florida Statutes, is amended to read:
695	320.771  License required of recreational vehicle
696	dealers.--
697	(3)  APPLICATION.--The application for such license shall
698	be in the form prescribed by the department and subject to such
699	rules as may be prescribed by it. The application shall be
700	verified by oath or affirmation and shall contain:
701	(j)  A statement that the applicant is insured under a
702	garage liability insurance policy, which shall include, at a
703	minimum, $25,000 combined single-limit liability coverage,
704	including bodily injury and property damage protection, and
705	$15,000 emergency care coverage $10,000 personal injury
706	protection, if the applicant is to be licensed as a dealer in,
707	or intends to sell, recreational vehicles.
708
709	The department shall, if it deems necessary, cause an
710	investigation to be made to ascertain if the facts set forth in
711	the application are true and shall not issue a license to the
712	applicant until it is satisfied that the facts set forth in the
713	application are true.
714	Section 13.  Subsection (1) of section 322.251, Florida
715	Statutes, is amended to read:
716	322.251  Notice of cancellation, suspension, revocation, or
717	disqualification of license.--
718	(1)  All orders of cancellation, suspension, revocation, or
719	disqualification issued under the provisions of this chapter,
720	chapter 318, chapter 324, or s. 627.7361 ss. 627.732-627.734
721	shall be given either by personal delivery thereof to the
722	licensee whose license is being canceled, suspended, revoked, or
723	disqualified or by deposit in the United States mail in an
724	envelope, first class, postage prepaid, addressed to the
725	licensee at his or her last known mailing address furnished to
726	the department. Such mailing by the department constitutes
727	notification, and any failure by the person to receive the
728	mailed order will not affect or stay the effective date or term
729	of the cancellation, suspension, revocation, or disqualification
730	of the licensee's driving privilege.
731	Section 14.  Paragraph (a) of subsection (8) of section
732	322.34, Florida Statutes, is amended to read:
733	322.34  Driving while license suspended, revoked, canceled,
734	or disqualified.--
735	(8)(a)  Upon the arrest of a person for the offense of
736	driving while the person's driver's license or driving privilege
737	is suspended or revoked, the arresting officer shall determine:
738	1.  Whether the person's driver's license is suspended or
739	revoked.
740	2.  Whether the person's driver's license has remained
741	suspended or revoked since a conviction for the offense of
742	driving with a suspended or revoked license.
743	3.  Whether the suspension or revocation was made under s.
744	627.7361 316.646 or s. 627.733, relating to failure to maintain
745	required security, or under s. 322.264, relating to habitual
746	traffic offenders.
747	4.  Whether the driver is the registered owner or coowner
748	of the vehicle.
749	Section 15.  Subsection (1) and paragraph (c) of subsection
750	(9) of section 324.021, Florida Statutes, are amended to read:
751	324.021  Definitions; minimum insurance required.--The
752	following words and phrases when used in this chapter shall, for
753	the purpose of this chapter, have the meanings respectively
754	ascribed to them in this section, except in those instances
755	where the context clearly indicates a different meaning:
756	(1)  MOTOR VEHICLE.--Every self-propelled vehicle which is
757	designed and required to be licensed for use upon a highway,
758	including trailers and semitrailers designed for use with such
759	vehicles, except traction engines, road rollers, farm tractors,
760	power shovels, and well drillers, and every vehicle which is
761	propelled by electric power obtained from overhead wires but not
762	operated upon rails, but not including any bicycle or moped.
763	However, the term "motor vehicle" shall not include any motor
764	vehicle as defined in s. 627.7362 627.732(3) when the owner of
765	such vehicle has complied with the requirements of s. 627.7361
766	ss. 627.730-627.7405, inclusive, unless the provisions of s.
767	324.051 apply; and, in such case, the applicable proof of
768	insurance provisions of s. 320.02 apply.
769	(9)  OWNER; OWNER/LESSOR.--
770	(c)  Application.--
771	1.  The limits on liability in subparagraphs (b)2. and 3.
772	do not apply to an owner of motor vehicles that are used for
773	commercial activity in the owner's ordinary course of business,
774	other than a rental company that rents or leases motor vehicles.
775	For purposes of this paragraph, the term "rental company"
776	includes only an entity that is engaged in the business of
777	renting or leasing motor vehicles to the general public and that
778	rents or leases a majority of its motor vehicles to persons with
779	no direct or indirect affiliation with the rental company. The
780	term also includes a motor vehicle dealer that provides
781	temporary replacement vehicles to its customers for up to 10
782	days. The term "rental company" also includes:
783	a.  A related rental or leasing company that is a
784	subsidiary of the same parent company as that of the renting or
785	leasing company that rented or leased the vehicle.
786	b.  The holder of a motor vehicle title or an equity
787	interest in a motor vehicle title if the title or equity
788	interest is held pursuant to or to facilitate an asset-backed
789	securitization of a fleet of motor vehicles used solely in the
790	business of renting or leasing motor vehicles to the general
791	public and under the dominion and control of a rental company,
792	as described in this subparagraph, in the operation of such
793	rental company's business.
794	2.  Furthermore, with respect to a commercial motor vehicle
795	vehicles as defined in s. 627.732, the limits on liability in
796	subparagraphs (b)2. and 3. do not apply if, at the time of the
797	incident, the commercial motor vehicle is being used in the
798	transportation of materials found to be hazardous for the
799	purposes of the Hazardous Materials Transportation Authorization
800	Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is
801	required pursuant to such act to carry placards warning others
802	of the hazardous cargo, unless at the time of lease or rental
803	either:
804	a.  The lessee indicates in writing that the vehicle will
805	not be used to transport materials found to be hazardous for the
806	purposes of the Hazardous Materials Transportation Authorization
807	Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
808	b.  The lessee or other operator of the commercial motor
809	vehicle has in effect insurance with limits of at least
810	$5,000,000 combined property damage and bodily injury liability.
811
812	For the purposes of this subparagraph, the term "commercial
813	motor vehicle" does not include a motor vehicle that is a sedan,
814	station wagon, or jeep-type vehicle and, if not used primarily
815	for occupational, professional, or business purposes, a motor
816	vehicle of the pickup, panel, van, camper, or motor home type.
817	Section 16.  Section 324.022, Florida Statutes, is amended
818	to read:
819	324.022  Financial responsibility for property damage.--
820	(1)  Every owner or operator of a motor vehicle, which
821	motor vehicle is subject to the requirements of s. 627.7361 ss.
822	627.730-627.7405 and required to be registered in this state,
823	shall, by one of the methods established in s. 324.031 or by
824	having a policy that complies with s. 627.7275, establish and
825	maintain the ability to respond in damages for liability on
826	account of accidents arising out of the use of the motor vehicle
827	in the amount of $10,000 because of damage to, or destruction
828	of, property of others in any one crash. The requirements of
829	this section may also be met by having a policy which provides
830	coverage in the amount of at least $30,000 for combined property
831	damage liability and bodily injury liability for any one crash
832	arising out of the use of the motor vehicle. No insurer shall
833	have any duty to defend uncovered claims irrespective of their
834	joinder with covered claims.
835	(2)  For the purposes of this section, the term:
836	(a)  "Motor vehicle" means any self-propelled vehicle with
837	four or more wheels which is of a type both designed and
838	required to be licensed for use on the highways of this state
839	and any trailer or semitrailer designed for use with such
840	vehicle and includes a private passenger motor vehicle and a
841	commercial motor vehicle. The term "motor vehicle" does not
842	include a mobile home or any motor vehicle which is used in mass
843	transit, other than public school transportation, and designed
844	to transport more than five passengers exclusive of the operator
845	of the motor vehicle and which is owned by a municipality, a
846	transit authority, or a political subdivision of the state.
847	(b)  "Private passenger motor vehicle" means any motor
848	vehicle which is a sedan, station wagon, or jeep-type vehicle
849	and, if not used primarily for occupational, professional, or
850	business purposes, a motor vehicle of the pickup, panel, van,
851	camper, or motor home type.
852	(c)  "Commercial motor vehicle" means any motor vehicle
853	which is not a private passenger motor vehicle.
854	Section 17.  Subsection (2) of section 324.171, Florida
855	Statutes, is amended to read:
856	324.171  Self-insurer.--
857	(2)  The self-insurance certificate shall provide limits of
858	liability insurance in the amounts specified under s. 324.021(7)
859	or s. 627.7415 and shall provide emergency care personal injury
860	protection coverage under s. 627.7361(3)(b) 627.733(3)(b).
861	Section 18.  Paragraph (g) of subsection (1) of section
862	400.9935, Florida Statutes, is amended to read:
863	400.9935  Clinic responsibilities.--
864	(1)  Each clinic shall appoint a medical director or clinic
865	director who shall agree in writing to accept legal
866	responsibility for the following activities on behalf of the
867	clinic. The medical director or the clinic director shall:
868	(g)  Conduct systematic reviews of clinic billings to
869	ensure that the billings are not fraudulent or unlawful. Upon
870	discovery of an unlawful charge, the medical director or clinic
871	director shall take immediate corrective action. If the clinic
872	performs only the technical component of magnetic resonance
873	imaging, static radiographs, computed tomography, or positron
874	emission tomography, and provides the professional
875	interpretation of such services, in a fixed facility that is
876	accredited by the Joint Commission on Accreditation of
877	Healthcare Organizations or the Accreditation Association for
878	Ambulatory Health Care, and the American College of Radiology;
879	and if, in the preceding quarter, the percentage of scans
880	performed by that clinic which was billed to all personal injury
881	protection insurance carriers was less than 15 percent, the
882	chief financial officer of the clinic may, in a written
883	acknowledgment provided to the agency, assume the responsibility
884	for the conduct of the systematic reviews of clinic billings to
885	ensure that the billings are not fraudulent or unlawful.
886	Section 19.  Subsection (27) of section 409.901, Florida
887	Statutes, is amended to read:
888	409.901  Definitions; ss. 409.901-409.920.--As used in ss.
889	409.901-409.920, except as otherwise specifically provided, the
890	term:
891	(27)  "Third-party benefit" means any benefit that is or
892	may be available at any time through contract, court award,
893	judgment, settlement, agreement, or any arrangement between a
894	third party and any person or entity, including, without
895	limitation, a Medicaid recipient, a provider, another third
896	party, an insurer, or the agency, for any Medicaid-covered
897	injury, illness, goods, or services, including costs of medical
898	services related thereto, for personal injury or for death of
899	the recipient, but specifically excluding policies of life
900	insurance on the recipient, unless available under terms of the
901	policy to pay medical expenses prior to death. The term
902	includes, without limitation, collateral, as defined in this
903	section, health insurance, any benefit under a health
904	maintenance organization, a preferred provider arrangement, a
905	prepaid health clinic, liability insurance, uninsured motorist
906	insurance or emergency care personal injury protection coverage,
907	medical benefits under workers' compensation, and any obligation
908	under law or equity to provide medical support.
909	Section 20.  Paragraph (f) of subsection (11) of section
910	409.910, Florida Statutes, is amended to read:
911	409.910  Responsibility for payments on behalf of Medicaid-
912	eligible persons when other parties are liable.--
913	(11)  The agency may, as a matter of right, in order to
914	enforce its rights under this section, institute, intervene in,
915	or join any legal or administrative proceeding in its own name
916	in one or more of the following capacities: individually, as
917	subrogee of the recipient, as assignee of the recipient, or as
918	lienholder of the collateral.
919	(f)  Notwithstanding any provision in this section to the
920	contrary, in the event of an action in tort against a third
921	party in which the recipient or his or her legal representative
922	is a party which results in a judgment, award, or settlement
923	from a third party, the amount recovered shall be distributed as
924	follows:
925	1.  After attorney's fees and taxable costs as defined by
926	the Florida Rules of Civil Procedure, one-half of the remaining
927	recovery shall be paid to the agency up to the total amount of
928	medical assistance provided by Medicaid.
929	2.  The remaining amount of the recovery shall be paid to
930	the recipient.
931	3.  For purposes of calculating the agency's recovery of
932	medical assistance benefits paid, the fee for services of an
933	attorney retained by the recipient or his or her legal
934	representative shall be calculated at 25 percent of the
935	judgment, award, or settlement.
936	4.  Notwithstanding any provision of this section to the
937	contrary, the agency shall be entitled to all medical coverage
938	benefits up to the total amount of medical assistance provided
939	by Medicaid. For purposes of this paragraph, "medical coverage"
940	means any benefits under health insurance, a health maintenance
941	organization, a preferred provider arrangement, or a prepaid
942	health clinic, and the portion of benefits designated for
943	medical payments under coverage for workers' compensation,
944	emergency care personal injury protection, and casualty.
945	Section 21.  Paragraph (k) of subsection (2) of section
946	456.057, Florida Statutes, is amended to read:
947	456.057  Ownership and control of patient records; report
948	or copies of records to be furnished.--
949	(2)  As used in this section, the terms "records owner,"
950	"health care practitioner," and "health care practitioner's
951	employer" do not include any of the following persons or
952	entities; furthermore, the following persons or entities are not
953	authorized to acquire or own medical records, but are authorized
954	under the confidentiality and disclosure requirements of this
955	section to maintain those documents required by the part or
956	chapter under which they are licensed or regulated:
957	(k)  Persons or entities practicing under s. 627.736(7).
958	Section 22.  Paragraphs (ee) and (ff) of subsection (1) of
959	section 456.072, Florida Statutes, are amended to read:
960	456.072  Grounds for discipline; penalties; enforcement.--
961	(1)  The following acts shall constitute grounds for which
962	the disciplinary actions specified in subsection (2) may be
963	taken:
964	(ee)  With respect to making an emergency care a personal
965	injury protection claim as required by s. 627.736, intentionally
966	submitting a claim, statement, or bill that has been "upcoded,"
967	which means submitting a billing code that would result in
968	payment greater in amount that would be paid using the billing
969	code that actually describes the services performed as defined
970	in s. 627.732.
971	(ff)  With respect to making an emergency care a personal
972	injury protection claim as required by s. 627.736, intentionally
973	submitting a claim, statement, or bill for payment of services
974	that were not rendered.
975	Section 23.  Paragraph (o) of subsection (1) of section
976	626.9541, Florida Statutes, is amended to read:
977	626.9541  Unfair methods of competition and unfair or
978	deceptive acts or practices defined.--
979	(1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
980	ACTS.--The following are defined as unfair methods of
981	competition and unfair or deceptive acts or practices:
982	(o)  Illegal dealings in premiums; excess or reduced
983	charges for insurance.--
984	1.  Knowingly collecting any sum as a premium or charge for
985	insurance, which is not then provided, or is not in due course
986	to be provided, subject to acceptance of the risk by the
987	insurer, by an insurance policy issued by an insurer as
988	permitted by this code.
989	2.  Knowingly collecting as a premium or charge for
990	insurance any sum in excess of or less than the premium or
991	charge applicable to such insurance, in accordance with the
992	applicable classifications and rates as filed with and approved
993	by the office, and as specified in the policy; or, in cases when
994	classifications, premiums, or rates are not required by this
995	code to be so filed and approved, premiums and charges collected
996	from a Florida resident in excess of or less than those
997	specified in the policy and as fixed by the insurer. This
998	provision shall not be deemed to prohibit the charging and
999	collection, by surplus lines agents licensed under part VIII of
1000	this chapter, of the amount of applicable state and federal
1001	taxes, or fees as authorized by s. 626.916(4), in addition to
1002	the premium required by the insurer or the charging and
1003	collection, by licensed agents, of the exact amount of any
1004	discount or other such fee charged by a credit card facility in
1005	connection with the use of a credit card, as authorized by
1006	subparagraph (q)3., in addition to the premium required by the
1007	insurer. This subparagraph shall not be construed to prohibit
1008	collection of a premium for a universal life or a variable or
1009	indeterminate value insurance policy made in accordance with the
1010	terms of the contract.
1011	3.a.  Imposing or requesting an additional premium for a
1012	policy of motor vehicle liability, emergency care coverage
1013	personal injury protection, medical payment, or collision
1014	insurance or any combination thereof or refusing to renew the
1015	policy solely because the insured was involved in a motor
1016	vehicle accident unless the insurer's file contains information
1017	from which the insurer in good faith determines that the insured
1018	was substantially at fault in the accident.
1019	b.  An insurer which imposes and collects such a surcharge
1020	or which refuses to renew such policy shall, in conjunction with
1021	the notice of premium due or notice of nonrenewal, notify the
1022	named insured that he or she is entitled to reimbursement of
1023	such amount or renewal of the policy under the conditions listed
1024	below and will subsequently reimburse him or her or renew the
1025	policy, if the named insured demonstrates that the operator
1026	involved in the accident was:
1027	(I)  Lawfully parked;
1028	(II)  Reimbursed by, or on behalf of, a person responsible
1029	for the accident or has a judgment against such person;
1030	(III)  Struck in the rear by another vehicle headed in the
1031	same direction and was not convicted of a moving traffic
1032	violation in connection with the accident;
1033	(IV)  Hit by a "hit-and-run" driver, if the accident was
1034	reported to the proper authorities within 24 hours after
1035	discovering the accident;
1036	(V)  Not convicted of a moving traffic violation in
1037	connection with the accident, but the operator of the other
1038	automobile involved in such accident was convicted of a moving
1039	traffic violation;
1040	(VI)  Finally adjudicated not to be liable by a court of
1041	competent jurisdiction;
1042	(VII)  In receipt of a traffic citation which was dismissed
1043	or nolle prossed; or
1044	(VIII)  Not at fault as evidenced by a written statement
1045	from the insured establishing facts demonstrating lack of fault
1046	which are not rebutted by information in the insurer's file from
1047	which the insurer in good faith determines that the insured was
1048	substantially at fault.
1049	c.  In addition to the other provisions of this
1050	subparagraph, an insurer may not fail to renew a policy if the
1051	insured has had only one accident in which he or she was at
1052	fault within the current 3-year period. However, an insurer may
1053	nonrenew a policy for reasons other than accidents in accordance
1054	with s. 627.728. This subparagraph does not prohibit nonrenewal
1055	of a policy under which the insured has had three or more
1056	accidents, regardless of fault, during the most recent 3-year
1057	period.
1058	4.  Imposing or requesting an additional premium for, or
1059	refusing to renew, a policy for motor vehicle insurance solely
1060	because the insured committed a noncriminal traffic infraction
1061	as described in s. 318.14 unless the infraction is:
1062	a.  A second infraction committed within an 18-month
1063	period, or a third or subsequent infraction committed within a
1064	36-month period.
1065	b.  A violation of s. 316.183, when such violation is a
1066	result of exceeding the lawful speed limit by more than 15 miles
1067	per hour.
1068	5.  Upon the request of the insured, the insurer and
1069	licensed agent shall supply to the insured the complete proof of
1070	fault or other criteria which justifies the additional charge or
1071	cancellation.
1072	6.  No insurer shall impose or request an additional
1073	premium for motor vehicle insurance, cancel or refuse to issue a
1074	policy, or refuse to renew a policy because the insured or the
1075	applicant is a handicapped or physically disabled person, so
1076	long as such handicap or physical disability does not
1077	substantially impair such person's mechanically assisted driving
1078	ability.
1079	7.  No insurer may cancel or otherwise terminate any
1080	insurance contract or coverage, or require execution of a
1081	consent to rate endorsement, during the stated policy term for
1082	the purpose of offering to issue, or issuing, a similar or
1083	identical contract or coverage to the same insured with the same
1084	exposure at a higher premium rate or continuing an existing
1085	contract or coverage with the same exposure at an increased
1086	premium.
1087	8.  No insurer may issue a nonrenewal notice on any
1088	insurance contract or coverage, or require execution of a
1089	consent to rate endorsement, for the purpose of offering to
1090	issue, or issuing, a similar or identical contract or coverage
1091	to the same insured at a higher premium rate or continuing an
1092	existing contract or coverage at an increased premium without
1093	meeting any applicable notice requirements.
1094	9.  No insurer shall, with respect to premiums charged for
1095	motor vehicle insurance, unfairly discriminate solely on the
1096	basis of age, sex, marital status, or scholastic achievement.
1097	10.  Imposing or requesting an additional premium for motor
1098	vehicle comprehensive or uninsured motorist coverage solely
1099	because the insured was involved in a motor vehicle accident or
1100	was convicted of a moving traffic violation.
1101	11.  No insurer shall cancel or issue a nonrenewal notice
1102	on any insurance policy or contract without complying with any
1103	applicable cancellation or nonrenewal provision required under
1104	the Florida Insurance Code.
1105	12.  No insurer shall impose or request an additional
1106	premium, cancel a policy, or issue a nonrenewal notice on any
1107	insurance policy or contract because of any traffic infraction
1108	when adjudication has been withheld and no points have been
1109	assessed pursuant to s. 318.14(9) and (10). However, this
1110	subparagraph does not apply to traffic infractions involving
1111	accidents in which the insurer has incurred a loss due to the
1112	fault of the insured.
1113	Section 24.  Subsection (1) of section 627.06501, Florida
1114	Statutes, is amended to read:
1115	627.06501  Insurance discounts for certain persons
1116	completing driver improvement course.--
1117	(1)  Any rate, rating schedule, or rating manual for the
1118	liability, emergency care personal injury protection, and
1119	collision coverages of a motor vehicle insurance policy filed
1120	with the office may provide for an appropriate reduction in
1121	premium charges as to such coverages when the principal operator
1122	on the covered vehicle has successfully completed a driver
1123	improvement course approved and certified by the Department of
1124	Highway Safety and Motor Vehicles which is effective in reducing
1125	crash or violation rates, or both, as determined pursuant to s.
1126	318.1451(5). Any discount, not to exceed 10 percent, used by an
1127	insurer is presumed to be appropriate unless credible data
1128	demonstrates otherwise.
1129	Section 25.  Subsection (1) of section 627.0652, Florida
1130	Statutes, is amended to read:
1131	627.0652  Insurance discounts for certain persons
1132	completing safety course.--
1133	(1)  Any rates, rating schedules, or rating manuals for the
1134	liability, emergency care personal injury protection, and
1135	collision coverages of a motor vehicle insurance policy filed
1136	with the office shall provide for an appropriate reduction in
1137	premium charges as to such coverages when the principal operator
1138	on the covered vehicle is an insured 55 years of age or older
1139	who has successfully completed a motor vehicle accident
1140	prevention course approved by the Department of Highway Safety
1141	and Motor Vehicles. Any discount used by an insurer is presumed
1142	to be appropriate unless credible data demonstrates otherwise.
1143	Section 26.  Subsections (1) and (3) of section 627.0653,
1144	Florida Statutes, are amended to read:
1145	627.0653  Insurance discounts for specified motor vehicle
1146	equipment.--
1147	(1)  Any rates, rating schedules, or rating manuals for the
1148	liability, emergency care personal injury protection, and
1149	collision coverages of a motor vehicle insurance policy filed
1150	with the office shall provide a premium discount if the insured
1151	vehicle is equipped with factory-installed, four-wheel antilock
1152	brakes.
1153	(3)  Any rates, rating schedules, or rating manuals for
1154	emergency care personal injury protection coverage and medical
1155	payments coverage, if offered, of a motor vehicle insurance
1156	policy filed with the office shall provide a premium discount if
1157	the insured vehicle is equipped with one or more air bags which
1158	are factory installed.
1159	Section 27.  Section 627.4132, Florida Statutes, is amended
1160	to read:
1161	627.4132  Stacking of coverages prohibited.--If an insured
1162	or named insured is protected by any type of motor vehicle
1163	insurance policy for liability, emergency care personal injury
1164	protection, or other coverage, the policy shall provide that the
1165	insured or named insured is protected only to the extent of the
1166	coverage she or he has on the vehicle involved in the accident.
1167	However, if none of the insured's or named insured's vehicles is
1168	involved in the accident, coverage is available only to the
1169	extent of coverage on any one of the vehicles with applicable
1170	coverage. Coverage on any other vehicles shall not be added to
1171	or stacked upon that coverage. This section does not apply:
1172	(1)  To uninsured motorist coverage which is separately
1173	governed by s. 627.727.
1174	(2)  To reduce the coverage available by reason of
1175	insurance policies insuring different named insureds.
1176	Section 28.  Subsection (6) of section 627.6482, Florida
1177	Statutes, is amended to read:
1178	627.6482  Definitions.--As used in ss. 627.648-627.6498,
1179	the term:
1180	(6)  "Health insurance" means any hospital and medical
1181	expense incurred policy, minimum premium plan, stop-loss
1182	coverage, health maintenance organization contract, prepaid
1183	health clinic contract, multiple-employer welfare arrangement
1184	contract, or fraternal benefit society health benefits contract,
1185	whether sold as an individual or group policy or contract. The
1186	term does not include any policy covering medical payment
1187	coverage or emergency care personal injury protection coverage
1188	in a motor vehicle policy, coverage issued as a supplement to
1189	liability insurance, or workers' compensation.
1190	Section 29.  Section 627.7263, Florida Statutes, is amended
1191	to read:
1192	627.7263  Rental and leasing driver's insurance to be
1193	primary; exception.--
1194	(1)  The valid and collectible liability insurance or
1195	emergency care personal injury protection insurance providing
1196	coverage for the lessor of a motor vehicle for rent or lease is
1197	primary unless otherwise stated in at least 10-point type on the
1198	face of the rental or lease agreement. Such insurance is primary
1199	for the limits of liability and emergency care personal injury
1200	protection coverage as required by ss. 324.021(7) and 627.7363
1201	627.736.
1202	(2)  If the lessee's coverage is to be primary, the rental
1203	or lease agreement must contain the following language, in at
1204	least 10-point type:
1205
1206	"The valid and collectible liability insurance and
1207	emergency care personal injury protection insurance of any
1208	authorized rental or leasing driver is primary for the
1209	limits of liability and emergency care personal injury
1210	protection coverage required by ss. 324.021(7) and 627.7363
1211	627.736, Florida Statutes."
1212
1213	Section 30.  Subsections (1), (7), (8), (9), and (10) of
1214	section 627.727, Florida Statutes, are amended to read:
1215	627.727  Motor vehicle insurance; uninsured and
1216	underinsured vehicle coverage; insolvent insurer protection.--
1217	(1)  No motor vehicle liability insurance policy which
1218	provides bodily injury liability coverage shall be delivered or
1219	issued for delivery in this state with respect to any
1220	specifically insured or identified motor vehicle registered or
1221	principally garaged in this state unless uninsured motor vehicle
1222	coverage is provided therein or supplemental thereto for the
1223	protection of persons insured thereunder who are legally
1224	entitled to recover damages from owners or operators of
1225	uninsured motor vehicles because of bodily injury, sickness, or
1226	disease, including death, resulting therefrom. However, the
1227	coverage required under this section is not applicable when, or
1228	to the extent that, an insured named in the policy makes a
1229	written rejection of the coverage on behalf of all insureds
1230	under the policy. When a motor vehicle is leased for a period of
1231	1 year or longer and the lessor of such vehicle, by the terms of
1232	the lease contract, provides liability coverage on the leased
1233	vehicle, the lessee of such vehicle shall have the sole
1234	privilege to reject uninsured motorist coverage or to select
1235	lower limits than the bodily injury liability limits, regardless
1236	of whether the lessor is qualified as a self-insurer pursuant to
1237	s. 324.171. Unless an insured, or lessee having the privilege of
1238	rejecting uninsured motorist coverage, requests such coverage or
1239	requests higher uninsured motorist limits in writing, the
1240	coverage or such higher uninsured motorist limits need not be
1241	provided in or supplemental to any other policy which renews,
1242	extends, changes, supersedes, or replaces an existing policy
1243	with the same bodily injury liability limits when an insured or
1244	lessee had rejected the coverage. When an insured or lessee has
1245	initially selected limits of uninsured motorist coverage lower
1246	than her or his bodily injury liability limits, higher limits of
1247	uninsured motorist coverage need not be provided in or
1248	supplemental to any other policy which renews, extends, changes,
1249	supersedes, or replaces an existing policy with the same bodily
1250	injury liability limits unless an insured requests higher
1251	uninsured motorist coverage in writing. The rejection or
1252	selection of lower limits shall be made on a form approved by
1253	the office. The form shall fully advise the applicant of the
1254	nature of the coverage and shall state that the coverage is
1255	equal to bodily injury liability limits unless lower limits are
1256	requested or the coverage is rejected. The heading of the form
1257	shall be in 12-point bold type and shall state: "You are
1258	electing not to purchase certain valuable coverage which
1259	protects you and your family or you are purchasing uninsured
1260	motorist limits less than your bodily injury liability limits
1261	when you sign this form. Please read carefully." If this form is
1262	signed by a named insured, it will be conclusively presumed that
1263	there was an informed, knowing rejection of coverage or election
1264	of lower limits on behalf of all insureds. The insurer shall
1265	notify the named insured at least annually of her or his options
1266	as to the coverage required by this section. Such notice shall
1267	be part of, and attached to, the notice of premium, shall
1268	provide for a means to allow the insured to request such
1269	coverage, and shall be given in a manner approved by the office.
1270	Receipt of this notice does not constitute an affirmative waiver
1271	of the insured's right to uninsured motorist coverage where the
1272	insured has not signed a selection or rejection form. The
1273	coverage described under this section shall be over and above,
1274	but shall not duplicate, the benefits available to an insured
1275	under any workers' compensation law, emergency care personal
1276	injury protection benefits, disability benefits law, or similar
1277	law; under any automobile medical expense coverage; under any
1278	motor vehicle liability insurance coverage; or from the owner or
1279	operator of the uninsured motor vehicle or any other person or
1280	organization jointly or severally liable together with such
1281	owner or operator for the accident; and such coverage shall
1282	cover the difference, if any, between the sum of such benefits
1283	and the damages sustained, up to the maximum amount of such
1284	coverage provided under this section. The amount of coverage
1285	available under this section shall not be reduced by a setoff
1286	against any coverage, including liability insurance. Such
1287	coverage shall not inure directly or indirectly to the benefit
1288	of any workers' compensation or disability benefits carrier or
1289	any person or organization qualifying as a self-insurer under
1290	any workers' compensation or disability benefits law or similar
1291	law.
1292	(7)  The legal liability of an uninsured motorist coverage
1293	insurer does not include damages in tort for pain, suffering,
1294	mental anguish, and inconvenience unless the injury or disease
1295	is described in one or more of paragraphs (a)-(d) of s.
1296	627.737(2).
1297	(7)(8)  The provisions of s. 627.428 do not apply to any
1298	action brought pursuant to this section against the uninsured
1299	motorist insurer unless there is a dispute over whether the
1300	policy provides coverage for an uninsured motorist proven to be
1301	liable for the accident.
1302	(8)(9)  Insurers may offer policies of uninsured motorist
1303	coverage containing policy provisions, in language approved by
1304	the office, establishing that if the insured accepts this offer:
1305	(a)  The coverage provided as to two or more motor vehicles
1306	shall not be added together to determine the limit of insurance
1307	coverage available to an injured person for any one accident,
1308	except as provided in paragraph (c).
1309	(b)  If at the time of the accident the injured person is
1310	occupying a motor vehicle, the uninsured motorist coverage
1311	available to her or him is the coverage available as to that
1312	motor vehicle.
1313	(c)  If the injured person is occupying a motor vehicle
1314	which is not owned by her or him or by a family member residing
1315	with her or him, the injured person is entitled to the highest
1316	limits of uninsured motorist coverage afforded for any one
1317	vehicle as to which she or he is a named insured or insured
1318	family member. Such coverage shall be excess over the coverage
1319	on the vehicle the injured person is occupying.
1320	(d)  The uninsured motorist coverage provided by the policy
1321	does not apply to the named insured or family members residing
1322	in her or his household who are injured while occupying any
1323	vehicle owned by such insureds for which uninsured motorist
1324	coverage was not purchased.
1325	(e)  If, at the time of the accident the injured person is
1326	not occupying a motor vehicle, she or he is entitled to select
1327	any one limit of uninsured motorist coverage for any one vehicle
1328	afforded by a policy under which she or he is insured as a named
1329	insured or as an insured resident of the named insured's
1330	household.
1331
1332	In connection with the offer authorized by this subsection,
1333	insurers shall inform the named insured, applicant, or lessee,
1334	on a form approved by the office, of the limitations imposed
1335	under this subsection and that such coverage is an alternative
1336	to coverage without such limitations. If this form is signed by
1337	a named insured, applicant, or lessee, it shall be conclusively
1338	presumed that there was an informed, knowing acceptance of such
1339	limitations. When the named insured, applicant, or lessee has
1340	initially accepted such limitations, such acceptance shall apply
1341	to any policy which renews, extends, changes, supersedes, or
1342	replaces an existing policy unless the named insured requests
1343	deletion of such limitations and pays the appropriate premium
1344	for such coverage. Any insurer who provides coverage which
1345	includes the limitations provided in this subsection shall file
1346	revised premium rates with the office for such uninsured
1347	motorist coverage to take effect prior to initially providing
1348	such coverage. The revised rates shall reflect the anticipated
1349	reduction in loss costs attributable to such limitations but
1350	shall in any event reflect a reduction in the uninsured motorist
1351	coverage premium of at least 20 percent for policies with such
1352	limitations. Such filing shall not increase the rates for
1353	coverage which does not contain the limitations authorized by
1354	this subsection, and such rates shall remain in effect until the
1355	insurer demonstrates the need for a change in uninsured motorist
1356	rates pursuant to s. 627.0651.
1357	(9)(10)  The damages recoverable from an uninsured motorist
1358	carrier in an action brought under s. 624.155 shall include the
1359	total amount of the claimant's damages, including the amount in
1360	excess of the policy limits, any interest on unpaid benefits,
1361	reasonable attorney's fees and costs, and any damages caused by
1362	a violation of a law of this state. The total amount of the
1363	claimant's damages is recoverable whether caused by an insurer
1364	or by a third-party tortfeasor.
1365	Section 31.  Subsection (1) and paragraphs (a) and (b) of
1366	subsection (2) of section 627.7275, Florida Statutes, are
1367	amended to read:
1368	627.7275  Motor vehicle liability.--
1369	(1)  A motor vehicle insurance policy providing emergency
1370	care coverage personal injury protection as set forth in s.
1371	627.7363 627.736 may not be delivered or issued for delivery in
1372	this state with respect to any specifically insured or
1373	identified motor vehicle registered or principally garaged in
1374	this state unless the policy also provides coverage for property
1375	damage liability in the amount of at least $10,000 because of
1376	damage to, or destruction of, property of others in any one
1377	accident arising out of the use of the motor vehicle or unless
1378	the policy provides coverage in the amount of at least $30,000
1379	for combined property damage liability and bodily injury
1380	liability in any one accident arising out of the use of the
1381	motor vehicle. The policy, as to coverage of property damage
1382	liability, must meet the applicable requirements of s. 324.151,
1383	subject to the usual policy exclusions that have been approved
1384	in policy forms by the office.
1385	(2)(a)  Insurers writing motor vehicle insurance in this
1386	state shall make available, subject to the insurers' usual
1387	underwriting restrictions:
1388	1.  Coverage under policies as described in subsection (1)
1389	to any applicant for private passenger motor vehicle insurance
1390	coverage who is seeking the coverage in order to reinstate the
1391	applicant's driving privileges in this state when the driving
1392	privileges were revoked or suspended pursuant to s. 316.646 or
1393	s. 627.7361 627.733 due to the failure of the applicant to
1394	maintain required security.
1395	2.  Coverage under policies as described in subsection (1),
1396	which also provides liability coverage for bodily injury, death,
1397	and property damage arising out of the ownership, maintenance,
1398	or use of the motor vehicle in an amount not less than the
1399	limits described in s. 324.021(7) and conforms to the
1400	requirements of s. 324.151, to any applicant for private
1401	passenger motor vehicle insurance coverage who is seeking the
1402	coverage in order to reinstate the applicant's driving
1403	privileges in this state after such privileges were revoked or
1404	suspended under s. 316.193 or s. 322.26(2) for driving under the
1405	influence.
1406	(b)  The policies described in paragraph (a) shall be
1407	issued for a period of at least 6 months and as to the minimum
1408	coverages required under this section shall not be cancelable by
1409	the insured for any reason or by the insurer after a period not
1410	to exceed 30 days during which the insurer must complete
1411	underwriting of the policy. After the insurer has completed
1412	underwriting the policy within the 30-day period, the insurer
1413	shall notify the Department of Highway Safety and Motor Vehicles
1414	that the policy is in full force and effect and the policy shall
1415	not be cancelable for the remainder of the policy period. A
1416	premium shall be collected and coverage shall be in effect for
1417	the 30-day period during which the insurer is completing the
1418	underwriting of the policy whether or not the person's driver
1419	license, motor vehicle tag, and motor vehicle registration are
1420	in effect. Once the noncancelable provisions of the policy
1421	become effective, the coverage or risk shall not be changed
1422	during the policy period and the premium shall be nonrefundable.
1423	If, during the pendency of the 2-year proof of insurance period
1424	required under s. 627.733(7) or during the 3-year proof of
1425	financial responsibility required under s. 324.131, whichever is
1426	applicable, the insured obtains additional coverage or coverage
1427	for an additional risk or changes territories, the insured must
1428	obtain a new 6-month noncancelable policy in accordance with the
1429	provisions of this section. However, if the insured must obtain
1430	a new 6-month policy and obtains the policy from the same
1431	insurer, the policyholder shall receive credit on the new policy
1432	for any premium paid on the previously issued policy.
1433	Section 32.  Paragraph (a) of subsection (1) of section
1434	627.728, Florida Statutes, is amended to read:
1435	627.728  Cancellations; nonrenewals.--
1436	(1)  As used in this section, the term:
1437	(a)  "Policy" means the bodily injury and property damage
1438	liability, emergency care personal injury protection, medical
1439	payments, comprehensive, collision, and uninsured motorist
1440	coverage portions of a policy of motor vehicle insurance
1441	delivered or issued for delivery in this state:
1442	1.  Insuring a natural person as named insured or one or
1443	more related individuals resident of the same household; and
1444	2.  Insuring only a motor vehicle of the private passenger
1445	type or station wagon type which is not used as a public or
1446	livery conveyance for passengers or rented to others; or
1447	insuring any other four-wheel motor vehicle having a load
1448	capacity of 1,500 pounds or less which is not used in the
1449	occupation, profession, or business of the insured other than
1450	farming; other than any policy issued under an automobile
1451	insurance assigned risk plan; insuring more than four
1452	automobiles; or covering garage, automobile sales agency, repair
1453	shop, service station, or public parking place operation
1454	hazards.
1455
1456	The term "policy" does not include a binder as defined in s.
1457	627.420 unless the duration of the binder period exceeds 60
1458	days.
1459	Section 33.  Subsection (1), paragraph (a) of subsection
1460	(5), and subsections (6) and (7) of section 627.7295, Florida
1461	Statutes, are amended to read:
1462	627.7295  Motor vehicle insurance contracts.--
1463	(1)  As used in this section, the term:
1464	(a)  "Policy" means a motor vehicle insurance policy that
1465	provides emergency care personal injury protection and property
1466	damage liability coverage.
1467	(b)  "Binder" means a binder that provides motor vehicle
1468	emergency care personal injury protection and property damage
1469	liability coverage.
1470	(5)(a)  A licensed general lines agent may charge a per-
1471	policy fee not to exceed $10 to cover the administrative costs
1472	of the agent associated with selling the motor vehicle insurance
1473	policy if the policy covers only emergency care personal injury
1474	protection coverage as provided by s. 627.7363 627.736 and
1475	property damage liability coverage as provided by s. 627.7275
1476	and if no other insurance is sold or issued in conjunction with
1477	or collateral to the policy. The fee is not considered part of
1478	the premium.
1479	(6)  If a motor vehicle owner's driver license, license
1480	plate, and registration have previously been suspended pursuant
1481	to s. 316.646 or s. 627.7361 627.733, an insurer may cancel a
1482	new policy only as provided in s. 627.7275.
1483	(7)  A policy of private passenger motor vehicle insurance
1484	or a binder for such a policy may be initially issued in this
1485	state only if the insurer or agent has collected from the
1486	insured an amount equal to 2 months' premium. An insurer, agent,
1487	or premium finance company may not directly or indirectly take
1488	any action resulting in the insured having paid from the
1489	insured's own funds an amount less than the 2 months' premium
1490	required by this subsection. This subsection applies without
1491	regard to whether the premium is financed by a premium finance
1492	company or is paid pursuant to a periodic payment plan of an
1493	insurer or an insurance agent. This subsection does not apply if
1494	an insured or member of the insured's family is renewing or
1495	replacing a policy or a binder for such policy written by the
1496	same insurer or a member of the same insurer group. This
1497	subsection does not apply to an insurer that issues private
1498	passenger motor vehicle coverage primarily to active duty or
1499	former military personnel or their dependents. This subsection
1500	does not apply if all policy payments are paid pursuant to a
1501	payroll deduction plan or an automatic electronic funds transfer
1502	payment plan from the policyholder, provided that the first
1503	policy payment is made by cash, cashier's check, check, or a
1504	money order. This subsection and subsection (4) do not apply if
1505	all policy payments to an insurer are paid pursuant to an
1506	automatic electronic funds transfer payment plan from an agent
1507	or a managing general agent and if the policy includes, at a
1508	minimum, emergency care coverage personal injury protection
1509	pursuant to s. 627.7363 ss. 627.730-627.7405; motor vehicle
1510	property damage liability pursuant to s. 627.7275; and bodily
1511	injury liability in at least the amount of $10,000 because of
1512	bodily injury to, or death of, one person in any one accident
1513	and in the amount of $20,000 because of bodily injury to, or
1514	death of, two or more persons in any one accident. This
1515	subsection and subsection (4) do not apply if an insured has had
1516	a policy in effect for at least 6 months, the insured's agent is
1517	terminated by the insurer that issued the policy, and the
1518	insured obtains coverage on the policy's renewal date with a new
1519	company through the terminated agent.
1520	Section 34.  Section 627.8405, Florida Statutes, is amended
1521	to read:
1522	627.8405  Prohibited acts; financing companies.--No premium
1523	finance company shall, in a premium finance agreement or other
1524	agreement, finance the cost of or otherwise provide for the
1525	collection or remittance of dues, assessments, fees, or other
1526	periodic payments of money for the cost of:
1527	(1)  A membership in an automobile club. The term
1528	"automobile club" means a legal entity which, in consideration
1529	of dues, assessments, or periodic payments of money, promises
1530	its members or subscribers to assist them in matters relating to
1531	the ownership, operation, use, or maintenance of a motor
1532	vehicle; however, this definition of "automobile club" does not
1533	include persons, associations, or corporations which are
1534	organized and operated solely for the purpose of conducting,
1535	sponsoring, or sanctioning motor vehicle races, exhibitions, or
1536	contests upon racetracks, or upon racecourses established and
1537	marked as such for the duration of such particular events. The
1538	words "motor vehicle" used herein have the same meaning as
1539	defined in chapter 320.
1540	(2)  An accidental death and dismemberment policy sold in
1541	combination with a emergency care coverage personal injury
1542	protection and property damage only policy.
1543	(3)  Any product not regulated under the provisions of this
1544	insurance code.
1545
1546	This section also applies to premium financing by any insurance
1547	agent or insurance company under part XVI. The commission shall
1548	adopt rules to assure disclosure, at the time of sale, of
1549	coverages financed with emergency care coverage personal injury
1550	protection and shall prescribe the form of such disclosure.
1551	Section 35.  Subsection (1) of section 627.915, Florida
1552	Statutes, is amended to read:
1553	627.915  Insurer experience reporting.--
1554	(1)  Each insurer transacting private passenger automobile
1555	insurance in this state shall report certain information
1556	annually to the office. The information will be due on or before
1557	July 1 of each year. The information shall be divided into the
1558	following categories: bodily injury liability; property damage
1559	liability; uninsured motorist; emergency care coverage personal
1560	injury protection benefits; medical payments; comprehensive and
1561	collision. The information given shall be on direct insurance
1562	writings in the state alone and shall represent total limits
1563	data. The information set forth in paragraphs (a)-(f) is
1564	applicable to voluntary private passenger and Joint Underwriting
1565	Association private passenger writings and shall be reported for
1566	each of the latest 3 calendar-accident years, with an evaluation
1567	date of March 31 of the current year. The information set forth
1568	in paragraphs (g)-(j) is applicable to voluntary private
1569	passenger writings and shall be reported on a calendar-accident
1570	year basis ultimately seven times at seven different stages of
1571	development.
1572	(a)  Premiums earned for the latest 3 calendar-accident
1573	years.
1574	(b)  Loss development factors and the historic development
1575	of those factors.
1576	(c)  Policyholder dividends incurred.
1577	(d)  Expenses for other acquisition and general expense.
1578	(e)  Expenses for agents' commissions and taxes, licenses,
1579	and fees.
1580	(f)  Profit and contingency factors as utilized in the
1581	insurer's automobile rate filings for the applicable years.
1582	(g)  Losses paid.
1583	(h)  Losses unpaid.
1584	(i)  Loss adjustment expenses paid.
1585	(j)  Loss adjustment expenses unpaid.
1586	Section 36.  Paragraph (d) of subsection (2) and paragraph
1587	(d) of subsection (3) of section 628.909, Florida Statutes, are
1588	amended to read:
1589	628.909  Applicability of other laws.--
1590	(2)  The following provisions of the Florida Insurance Code
1591	shall apply to captive insurers who are not industrial insured
1592	captive insurers to the extent that such provisions are not
1593	inconsistent with this part:
1594	(d)  Section 627.7363 Sections 627.730-627.7405, when no-
1595	fault coverage is provided.
1596	(3)  The following provisions of the Florida Insurance Code
1597	shall apply to industrial insured captive insurers to the extent
1598	that such provisions are not inconsistent with this part:
1599	(d)  Section 627.7363 Sections 627.730-627.7405 when no-
1600	fault coverage is provided.
1601	Section 37.  Paragraphs (a), (b), and (c) of subsection (4)
1602	of section 713.78, Florida Statutes, are amended to read:
1603	713.78  Liens for recovering, towing, or storing vehicles
1604	and vessels.--
1605	(4)(a)  Any person regularly engaged in the business of
1606	recovering, towing, or storing vehicles or vessels who comes
1607	into possession of a vehicle or vessel pursuant to subsection
1608	(2), and who claims a lien for recovery, towing, or storage
1609	services, shall give notice to the registered owner, the
1610	insurance company insuring the vehicle notwithstanding the
1611	provisions of s. 627.736, and to all persons claiming a lien
1612	thereon, as disclosed by the records in the Department of
1613	Highway Safety and Motor Vehicles or of a corresponding agency
1614	in any other state.
1615	(b)  Whenever any law enforcement agency authorizes the
1616	removal of a vehicle or vessel or whenever any towing service,
1617	garage, repair shop, or automotive service, storage, or parking
1618	place notifies the law enforcement agency of possession of a
1619	vehicle or vessel pursuant to s. 715.07(2)(a)2., the applicable
1620	law enforcement agency shall contact the Department of Highway
1621	Safety and Motor Vehicles, or the appropriate agency of the
1622	state of registration, if known, within 24 hours through the
1623	medium of electronic communications, giving the full description
1624	of the vehicle or vessel. Upon receipt of the full description
1625	of the vehicle or vessel, the department shall search its files
1626	to determine the owner's name, the insurance company insuring
1627	the vehicle or vessel, and whether any person has filed a lien
1628	upon the vehicle or vessel as provided in s. 319.27(2) and (3)
1629	and notify the applicable law enforcement agency within 72
1630	hours. The person in charge of the towing service, garage,
1631	repair shop, or automotive service, storage, or parking place
1632	shall obtain such information from the applicable law
1633	enforcement agency within 5 days after the date of storage and
1634	shall give notice pursuant to paragraph (a). The department may
1635	release the insurance company information to the requestor
1636	notwithstanding the provisions of s. 627.736.
1637	(c)  Notice by certified mail, return receipt requested,
1638	shall be sent within 7 business days after the date of storage
1639	of the vehicle or vessel to the registered owner, the insurance
1640	company insuring the vehicle notwithstanding the provisions of
1641	s. 627.736, and all persons of record claiming a lien against
1642	the vehicle or vessel. It shall state the fact of possession of
1643	the vehicle or vessel, that a lien as provided in subsection (2)
1644	is claimed, that charges have accrued and the amount thereof,
1645	that the lien is subject to enforcement pursuant to law, and
1646	that the owner or lienholder, if any, has the right to a hearing
1647	as set forth in subsection (5), and that any vehicle or vessel
1648	which remains unclaimed, or for which the charges for recovery,
1649	towing, or storage services remain unpaid, may be sold free of
1650	all prior liens after 35 days if the vehicle or vessel is more
1651	than 3 years of age or after 50 days if the vehicle or vessel is
1652	3 years of age or less.
1653	Section 38.  Paragraph (c) of subsection (7), paragraphs
1654	(a), (b), and (c) of subsection (8), and subsection (9) of
1655	section 817.234, Florida Statutes, are amended to read:
1656	817.234  False and fraudulent insurance claims.--
1657	(7)
1658	(c)  An insurer, or any person acting at the direction of
1659	or on behalf of an insurer, may not change an opinion in a
1660	mental or physical report prepared under s. 627.736(7) or direct
1661	the physician preparing the report to change such opinion;
1662	however, this provision does not preclude the insurer from
1663	calling to the attention of the physician errors of fact in the
1664	report based upon information in the claim file. Any person who
1665	violates this paragraph commits a felony of the third degree,
1666	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1667	(8)(a)  It is unlawful for any person intending to defraud
1668	any other person to solicit or cause to be solicited any
1669	business from a person involved in a motor vehicle accident for
1670	the purpose of making, adjusting, or settling motor vehicle tort
1671	claims or claims for emergency care coverage personal injury
1672	protection benefits required by s. 627.7363 627.736. Any person
1673	who violates the provisions of this paragraph commits a felony
1674	of the second degree, punishable as provided in s. 775.082, s.
1675	775.083, or s. 775.084. A person who is convicted of a violation
1676	of this subsection shall be sentenced to a minimum term of
1677	imprisonment of 2 years.
1678	(b)  A person may not solicit or cause to be solicited any
1679	business from a person involved in a motor vehicle accident by
1680	any means of communication other than advertising directed to
1681	the public for the purpose of making motor vehicle tort claims
1682	or claims for emergency care coverage personal injury protection
1683	benefits required by s. 627.7363 627.736, within 60 days after
1684	the occurrence of the motor vehicle accident. Any person who
1685	violates this paragraph commits a felony of the third degree,
1686	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1687	(c)  A lawyer, health care practitioner as defined in s.
1688	456.001, or owner or medical director of a clinic required to be
1689	licensed pursuant to s. 400.9905 may not, at any time after 60
1690	days have elapsed from the occurrence of a motor vehicle
1691	accident, solicit or cause to be solicited any business from a
1692	person involved in a motor vehicle accident by means of in
1693	person or telephone contact at the person's residence, for the
1694	purpose of making motor vehicle tort claims or claims for
1695	emergency care coverage personal injury protection benefits
1696	required by s. 627.7363 627.736. Any person who violates this
1697	paragraph commits a felony of the third degree, punishable as
1698	provided in s. 775.082, s. 775.083, or s. 775.084.
1699	(9)  A person may not organize, plan, or knowingly
1700	participate in an intentional motor vehicle crash or a scheme to
1701	create documentation of a motor vehicle crash that did not occur
1702	for the purpose of making motor vehicle tort claims or claims
1703	for emergency care coverage personal injury protection benefits
1704	as required by s. 627.7363 627.736. Any person who violates this
1705	subsection commits a felony of the second degree, punishable as
1706	provided in s. 775.082, s. 775.083, or s. 775.084. A person who
1707	is convicted of a violation of this subsection shall be
1708	sentenced to a minimum term of imprisonment of 2 years.
1709	Section 39.  This act shall take effect October 1, 2007.

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