1

A bill to be entitled

2

An act relating to driver financial responsibility;

3

amending ss. 324.022, 627.7275, and 627.7415, F.S.;

4

requiring certain motor vehicle owners or operators to

5

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.  Section 324.022, Florida Statutes, is amended to

13

read:

14

     324.022  Financial responsibility for property damage.--

15

Every owner or operator of a motor vehicle, which motor vehicle

16

is subject to the requirements of ss. 627.730-627.7405 and

17

required to be registered in this state, shall, by one of the

18

methods established in s. 324.031 or by having a policy that

19

complies with s. 627.7275, establish and maintain the ability to

20

respond in damages for liability on account of accidents arising

21

out of the use of the motor vehicle in the amount of $10,000 and

22

for charges for on-scene wrecker services requested by a law

23

enforcement officer pursuant to s. 713.78, because of damage to,

24

or destruction of, property of others in any one crash.  The

25

requirements of this section may also be met by having a policy

26

that which provides coverage in the amount of at least $30,000

27

for combined property damage liability and bodily injury

28

liability and coverage for charges for on-scene wrecker services

29

requested by a law enforcement officer pursuant to s. 713.78, for

30

any one crash arising out of the use of the motor vehicle.  No

31

insurer shall have any duty to defend uncovered claims

32

irrespective of their joinder with covered claims.

33

     Section 2.  Subsection (1) of section 627.7275, Florida

34

Statutes, is amended to read:

35

     627.7275  Motor vehicle liability.--

36

     (1)  A motor vehicle insurance policy providing personal

37

injury protection as set forth in s. 627.736 may not be delivered

38

or issued for delivery in this state with respect to any

39

specifically insured or identified motor vehicle registered or

40

principally garaged in this state unless the policy also provides

41

coverage for property damage liability in the amount of at least

42

$10,000 and coverage for charges for on-scene wrecker services

43

requested by a law enforcement officer pursuant to s. 713.78,

44

because of damage to, or destruction of, property of others in

45

any one accident arising out of the use of the motor vehicle or

46

unless the policy provides coverage in the amount of at least

47

$30,000 for combined property damage liability and bodily injury

48

liability in any one accident arising out of the use of the motor

49

vehicle. The policy, as to coverage of property damage liability,

50

must meet the applicable requirements of s. 324.151, subject to

51

the usual policy exclusions that have been approved in policy

52

forms by the office.

53

     Section 3.  Section 627.7415, Florida Statutes, is amended

54

to read:

55

     627.7415  Commercial motor vehicles; additional liability

56

insurance coverage.--Commercial motor vehicles, as defined in s.

57

207.002(2) or s. 320.01, operated upon the roads and highways of

58

this state shall be insured with the following minimum levels of

59

combined bodily liability insurance and property damage liability

60

insurance and coverage for charges for on-scene wrecker services

61

requested by a law enforcement officer pursuant to s. 713.78, in

62

addition to any other insurance requirements:

63

     (1)  Fifty thousand dollars per occurrence for a commercial

64

motor vehicle with a gross vehicle weight of 26,000 pounds or

65

more, but less than 35,000 pounds.

66

     (2)  One hundred thousand dollars per occurrence for a

67

commercial motor vehicle with a gross vehicle weight of 35,000

68

pounds or more, but less than 44,000 pounds.

69

     (3)  Three hundred thousand dollars per occurrence for a

70

commercial motor vehicle with a gross vehicle weight of 44,000

71

pounds or more.

72

     (4)  All commercial motor vehicles subject to regulations of

73

the United States Department of Transportation, Title 49 C.F.R.

74

part 387, subpart A, and as may be hereinafter amended, shall be

75

insured in an amount equivalent to the minimum levels of

76

financial responsibility as set forth in such regulations.

77

78

A violation of this section is a noncriminal traffic infraction,

79

punishable as a nonmoving violation as provided in chapter 318.

80

     Section 4.  This act shall take effect July 1, 2008.