HB 413

1	A bill to be entitled
2	An act relating to driver financial responsibility;
3	amending ss. 320.02, 324.022, 627.7275, and 627.7415,
4	F.S.; requiring certain motor vehicle owners or operators
5	to maintain, by insurance or other means, financial
6	responsibility for on-scene wrecker service charges
7	requested by law enforcement officers under certain
8	circumstances; providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Paragraph (a) of subsection (5) of section
13	320.02, Florida Statutes, as amended by section 2 of chapter
14	2007-324, Laws of Florida, is amended to read:
15	320.02  Registration required; application for
16	registration; forms.--
17	(5)(a)  Proof that personal injury protection benefits have
18	been purchased when required under s. 627.733, that property
19	damage liability and on-scene wrecker services coverage has been
20	purchased as required under s. 324.022, that bodily injury or
21	death coverage has been purchased if required under s. 324.023,
22	and that combined bodily liability insurance and property damage
23	liability insurance have been purchased when required under s.
24	627.7415 shall be provided in the manner prescribed by law by
25	the applicant at the time of application for registration of any
26	motor vehicle that is subject to such requirements. The issuing
27	agent shall refuse to issue registration if such proof of
28	purchase is not provided. Insurers shall furnish uniform proof-
29	of-purchase cards in a form prescribed by the department and
30	shall include the name of the insured's insurance company, the
31	coverage identification number, and the make, year, and vehicle
32	identification number of the vehicle insured. The card shall
33	contain a statement notifying the applicant of the penalty
34	specified in s. 316.646(4). The card or insurance policy,
35	insurance policy binder, or certificate of insurance or a
36	photocopy of any of these; an affidavit containing the name of
37	the insured's insurance company, the insured's policy number,
38	and the make and year of the vehicle insured; or such other
39	proof as may be prescribed by the department shall constitute
40	sufficient proof of purchase. If an affidavit is provided as
41	proof, it shall be in substantially the following form:
42
43	Under penalty of perjury, I   (Name of insured)   do hereby
44	certify that I have   (Personal Injury Protection, Property
45	Damage Liability and Wrecker Services, and, when required,
46	Bodily Injury Liability)   Insurance currently in effect with
47	(Name of insurance company)   under   (policy number)   covering
48	(make, year, and vehicle identification number of vehicle)  .
49	(Signature of Insured)
50
51	Such affidavit shall include the following warning:
52
53	WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
54	REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
55	LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
56	SUBJECT TO PROSECUTION.
57
58	When an application is made through a licensed motor vehicle
59	dealer as required in s. 319.23, the original or a photostatic
60	copy of such card, insurance policy, insurance policy binder, or
61	certificate of insurance or the original affidavit from the
62	insured shall be forwarded by the dealer to the tax collector of
63	the county or the Department of Highway Safety and Motor
64	Vehicles for processing. By executing the aforesaid affidavit,
65	no licensed motor vehicle dealer will be liable in damages for
66	any inadequacy, insufficiency, or falsification of any statement
67	contained therein. A card shall also indicate the existence of
68	any bodily injury liability insurance voluntarily purchased.
69	Section 2.  Subsection (1) of section 324.022, Florida
70	Statutes, as amended by section 4 of chapter 2007-324, Laws of
71	Florida, is amended to read:
72	324.022  Financial responsibility for property damage.--
73	(1)  Every owner or operator of a motor vehicle required to
74	be registered in this state shall establish and maintain the
75	ability to respond in damages for liability on account of
76	accidents arising out of the use of the motor vehicle in the
77	amount of $10,000 because of damage to, or destruction of,
78	property of others in any one crash. The requirements of this
79	section may be met by one of the methods established in s.
80	324.031; by self-insuring as authorized by s. 768.28(16); or by
81	maintaining an insurance policy providing coverage for property
82	damage liability in the amount of at least $10,000 and for
83	charges for on-scene wrecker services requested by a law
84	enforcement officer pursuant to s. 713.78, because of damage to,
85	or destruction of, property of others in any one accident
86	arising out of the use of the motor vehicle. The requirements of
87	this section may also be met by having a policy which provides
88	coverage in the amount of at least $30,000 for combined property
89	damage liability and bodily injury liability and coverage for
90	charges for on-scene wrecker services requested by a law
91	enforcement officer pursuant to s. 713.78, for any one crash
92	arising out of the use of the motor vehicle. The policy, with
93	respect to coverage for property damage liability, must meet the
94	applicable requirements of s. 324.151, subject to the usual
95	policy exclusions that have been approved in policy forms by the
96	Office of Insurance Regulation. No insurer shall have any duty
97	to defend uncovered claims irrespective of their joinder with
98	covered claims.
99	Section 3.  Subsection (1) of section 627.7275, Florida
100	Statutes, as amended by section 6 of chapter 2007-324, Laws of
101	Florida, is amended to read:
102	627.7275  Motor vehicle liability.--
103	(1)  A motor vehicle insurance policy providing personal
104	injury protection as set forth in s. 627.736 may not be
105	delivered or issued for delivery in this state with respect to
106	any specifically insured or identified motor vehicle registered
107	or principally garaged in this state unless the policy also
108	provides coverage for property damage liability and on-scene
109	wrecker services as required by s. 324.022.
110	Section 4.  Section 627.7415, Florida Statutes, is amended
111	to read:
112	627.7415  Commercial motor vehicles; additional liability
113	insurance coverage.--Commercial motor vehicles, as defined in s.
114	207.002(2) or s. 320.01, operated upon the roads and highways of
115	this state shall be insured with the following minimum levels of
116	combined bodily liability insurance and property damage
117	liability insurance and coverage for charges for on-scene
118	wrecker services requested by a law enforcement officer pursuant
119	to s. 713.78, in addition to any other insurance requirements:
120	(1)  Fifty thousand dollars per occurrence for a commercial
121	motor vehicle with a gross vehicle weight of 26,000 pounds or
122	more, but less than 35,000 pounds.
123	(2)  One hundred thousand dollars per occurrence for a
124	commercial motor vehicle with a gross vehicle weight of 35,000
125	pounds or more, but less than 44,000 pounds.
126	(3)  Three hundred thousand dollars per occurrence for a
127	commercial motor vehicle with a gross vehicle weight of 44,000
128	pounds or more.
129	(4)  All commercial motor vehicles subject to regulations
130	of the United States Department of Transportation, Title 49
131	C.F.R. part 387, subpart A, and as may be hereinafter amended,
132	shall be insured in an amount equivalent to the minimum levels
133	of financial responsibility as set forth in such regulations.
134
135	A violation of this section is a noncriminal traffic infraction,
136	punishable as a nonmoving violation as provided in chapter 318.
137	Section 5.  This act shall take effect July 1, 2008.

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