Florida Senate - 2008 (Reformatted) SB 616
By Senator Bennett
A bill to be entitled
An act relating to driver financial responsibility;
requiring certain motor vehicle owners or operators to
maintain, by insurance or other means, financial
responsibility for on-scene wrecker service charges
requested by law enforcement officers under certain
circumstances; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 324.022, Florida Statutes, is amended to
324.022 Financial responsibility for property damage.--
Every owner or operator of a motor vehicle, which motor vehicle
required to be registered in this state, shall, by one of the
methods established in s. 324.031 or by having a policy that
complies with s. 627.7275, establish and maintain the ability to
respond in damages for liability on account of accidents arising
out of the use of the motor vehicle in the amount of $10,000 and
for charges for on-scene wrecker services requested by a law
enforcement officer pursuant to s. 713.78, because of damage to,
or destruction of, property of others in any one crash. The
requirements of this section may also be met by having a policy
that which provides coverage in the amount of at least $30,000
for combined property damage liability and bodily injury
liability and coverage for charges for on-scene wrecker services
requested by a law enforcement officer pursuant to s. 713.78, for
any one crash arising out of the use of the motor vehicle. No
insurer shall have any duty to defend uncovered claims
irrespective of their joinder with covered claims.
Section 2. Subsection (1) of section 627.7275, Florida
Statutes, is amended to read:
627.7275 Motor vehicle liability.--
(1) A motor vehicle insurance policy providing personal
injury protection as set forth in s. 627.736 may not be delivered
or issued for delivery in this state with respect to any
specifically insured or identified motor vehicle registered or
principally garaged in this state unless the policy also provides
coverage for property damage liability in the amount of at least
$10,000 and coverage for charges for on-scene wrecker services
requested by a law enforcement officer pursuant to s. 713.78,
because of damage to, or destruction of, property of others in
any one accident arising out of the use of the motor vehicle or
unless the policy provides coverage in the amount of at least
$30,000 for combined property damage liability and bodily injury
liability in any one accident arising out of the use of the motor
vehicle. The policy, as to coverage of property damage liability,
must meet the applicable requirements of s. 324.151, subject to
the usual policy exclusions that have been approved in policy
forms by the office.
Section 3. Section 627.7415, Florida Statutes, is amended
627.7415 Commercial motor vehicles; additional liability
insurance coverage.--Commercial motor vehicles, as defined in s.
this state shall be insured with the following minimum levels of
combined bodily liability insurance and property damage liability
insurance and coverage for charges for on-scene wrecker services
requested by a law enforcement officer pursuant to s. 713.78, in
addition to any other insurance requirements:
(1) Fifty thousand dollars per occurrence for a commercial
motor vehicle with a gross vehicle weight of 26,000 pounds or
more, but less than 35,000 pounds.
(2) One hundred thousand dollars per occurrence for a
commercial motor vehicle with a gross vehicle weight of 35,000
pounds or more, but less than 44,000 pounds.
(3) Three hundred thousand dollars per occurrence for a
commercial motor vehicle with a gross vehicle weight of 44,000
pounds or more.
(4) All commercial motor vehicles subject to regulations of
the United States Department of Transportation, Title 49 C.F.R.
part 387, subpart A, and as may be hereinafter amended, shall be
insured in an amount equivalent to the minimum levels of
financial responsibility as set forth in such regulations.
A violation of this section is a noncriminal traffic infraction,
punishable as a nonmoving violation as provided in chapter 318.
Section 4. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.