HB 413

1
A bill to be entitled
2An act relating to driver financial responsibility;
3amending ss. 320.02, 324.022, 627.7275, and 627.7415,
4F.S.; requiring certain motor vehicle owners or operators
5to maintain, by insurance or other means, financial
6responsibility for on-scene wrecker service charges
7requested by law enforcement officers under certain
8circumstances; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Paragraph (a) of subsection (5) of section
13320.02, Florida Statutes, as amended by section 2 of chapter
142007-324, Laws of Florida, is amended to read:
15     320.02  Registration required; application for
16registration; forms.--
17     (5)(a)  Proof that personal injury protection benefits have
18been purchased when required under s. 627.733, that property
19damage liability and on-scene wrecker services coverage has been
20purchased as required under s. 324.022, that bodily injury or
21death coverage has been purchased if required under s. 324.023,
22and that combined bodily liability insurance and property damage
23liability insurance have been purchased when required under s.
24627.7415 shall be provided in the manner prescribed by law by
25the applicant at the time of application for registration of any
26motor vehicle that is subject to such requirements. The issuing
27agent shall refuse to issue registration if such proof of
28purchase is not provided. Insurers shall furnish uniform proof-
29of-purchase cards in a form prescribed by the department and
30shall include the name of the insured's insurance company, the
31coverage identification number, and the make, year, and vehicle
32identification number of the vehicle insured. The card shall
33contain a statement notifying the applicant of the penalty
34specified in s. 316.646(4). The card or insurance policy,
35insurance policy binder, or certificate of insurance or a
36photocopy of any of these; an affidavit containing the name of
37the insured's insurance company, the insured's policy number,
38and the make and year of the vehicle insured; or such other
39proof as may be prescribed by the department shall constitute
40sufficient proof of purchase. If an affidavit is provided as
41proof, it shall be in substantially the following form:
42
43Under penalty of perjury, I   (Name of insured)   do hereby
44certify that I have   (Personal Injury Protection, Property
45Damage Liability and Wrecker Services, and, when required,
46Bodily 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
51Such affidavit shall include the following warning:
52
53WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
54REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
55LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
56SUBJECT TO PROSECUTION.
57
58When an application is made through a licensed motor vehicle
59dealer as required in s. 319.23, the original or a photostatic
60copy of such card, insurance policy, insurance policy binder, or
61certificate of insurance or the original affidavit from the
62insured shall be forwarded by the dealer to the tax collector of
63the county or the Department of Highway Safety and Motor
64Vehicles for processing. By executing the aforesaid affidavit,
65no licensed motor vehicle dealer will be liable in damages for
66any inadequacy, insufficiency, or falsification of any statement
67contained therein. A card shall also indicate the existence of
68any bodily injury liability insurance voluntarily purchased.
69     Section 2.  Subsection (1) of section 324.022, Florida
70Statutes, as amended by section 4 of chapter 2007-324, Laws of
71Florida, is amended to read:
72     324.022  Financial responsibility for property damage.--
73     (1)  Every owner or operator of a motor vehicle required to
74be registered in this state shall establish and maintain the
75ability to respond in damages for liability on account of
76accidents arising out of the use of the motor vehicle in the
77amount of $10,000 because of damage to, or destruction of,
78property of others in any one crash. The requirements of this
79section may be met by one of the methods established in s.
80324.031; by self-insuring as authorized by s. 768.28(16); or by
81maintaining an insurance policy providing coverage for property
82damage liability in the amount of at least $10,000 and for
83charges for on-scene wrecker services requested by a law
84enforcement officer pursuant to s. 713.78, because of damage to,
85or destruction of, property of others in any one accident
86arising out of the use of the motor vehicle. The requirements of
87this section may also be met by having a policy which provides
88coverage in the amount of at least $30,000 for combined property
89damage liability and bodily injury liability and coverage for
90charges for on-scene wrecker services requested by a law
91enforcement officer pursuant to s. 713.78, for any one crash
92arising out of the use of the motor vehicle. The policy, with
93respect to coverage for property damage liability, must meet the
94applicable requirements of s. 324.151, subject to the usual
95policy exclusions that have been approved in policy forms by the
96Office of Insurance Regulation. No insurer shall have any duty
97to defend uncovered claims irrespective of their joinder with
98covered claims.
99     Section 3.  Subsection (1) of section 627.7275, Florida
100Statutes, as amended by section 6 of chapter 2007-324, Laws of
101Florida, is amended to read:
102     627.7275  Motor vehicle liability.--
103     (1)  A motor vehicle insurance policy providing personal
104injury protection as set forth in s. 627.736 may not be
105delivered or issued for delivery in this state with respect to
106any specifically insured or identified motor vehicle registered
107or principally garaged in this state unless the policy also
108provides coverage for property damage liability and on-scene
109wrecker services as required by s. 324.022.
110     Section 4.  Section 627.7415, Florida Statutes, is amended
111to read:
112     627.7415  Commercial motor vehicles; additional liability
113insurance coverage.--Commercial motor vehicles, as defined in s.
114207.002(2) or s. 320.01, operated upon the roads and highways of
115this state shall be insured with the following minimum levels of
116combined bodily liability insurance and property damage
117liability insurance and coverage for charges for on-scene
118wrecker services requested by a law enforcement officer pursuant
119to s. 713.78, in addition to any other insurance requirements:
120     (1)  Fifty thousand dollars per occurrence for a commercial
121motor vehicle with a gross vehicle weight of 26,000 pounds or
122more, but less than 35,000 pounds.
123     (2)  One hundred thousand dollars per occurrence for a
124commercial motor vehicle with a gross vehicle weight of 35,000
125pounds or more, but less than 44,000 pounds.
126     (3)  Three hundred thousand dollars per occurrence for a
127commercial motor vehicle with a gross vehicle weight of 44,000
128pounds or more.
129     (4)  All commercial motor vehicles subject to regulations
130of the United States Department of Transportation, Title 49
131C.F.R. part 387, subpart A, and as may be hereinafter amended,
132shall be insured in an amount equivalent to the minimum levels
133of financial responsibility as set forth in such regulations.
134
135A violation of this section is a noncriminal traffic infraction,
136punishable 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.