Florida Senate - 2013         (PROPOSED COMMITTEE BILL) SPB 7152
       
       
       
       FOR CONSIDERATION By the Committee on Banking and Insurance
       
       
       
       
       597-03046B-13                                         20137152__
    1  
    2                        A bill to be entitled                      
    3         An act relating to motor vehicle liability insurance;
    4         amending s. 316.646, F.S.; authorizing the use of an
    5         electronic device to provide proof of insurance;
    6         authorizing the Department of Highway Safety and Motor
    7         Vehicles to adopt rules; amending s. 324.011, F.S.;
    8         revising legislative intent with respect to financial
    9         responsibility for the damages caused by the operation
   10         of a motor vehicle; amending ss. 324.021 and 324.022,
   11         F.S.; increasing financial responsibility limits with
   12         respect to bodily injury or death; conforming
   13         provisions to changes made by the act; amending s.
   14         324.0221, F.S.; requiring insurers to submit
   15         information to the Department of Highway Safety and
   16         Motor Vehicles and to notify insureds about bodily
   17         injury insurance rather than personal injury
   18         protection coverage; amending s. 324.023, F.S.;
   19         conforming a cross-reference; amending s. 324.031,
   20         F.S.; deleting the requirement that the owner of a
   21         for-hire vehicle post a bond to prove financial
   22         responsibility; increasing the financial
   23         responsibility limits for motor vehicle liability;
   24         amending s. 324.071, F.S.; conforming provisions to
   25         changes made by the act; amending s. 324.161, F.S.;
   26         increasing the amount required for a surety bond or
   27         deposit; amending s. 324.171, F.S.; revising the
   28         required threshold limit for self-insurers; repealing
   29         s. 627.730, F.S., providing citation to the Florida
   30         Motor Vehicle No-Fault Law; repealing s. 627.731,
   31         F.S., relating to the purpose of the No-Fault Law;
   32         repealing s. 627.7311, F.S., relating to the effect of
   33         law on personal injury protection policies; amending
   34         s. 627.732, F.S.; deleting definitions relating to the
   35         no-fault law; amending s. 627.733, F.S.; deleting
   36         security requirements with respect to no-fault
   37         coverage to substitute security requirements under ch.
   38         324, F.S.; amending s. 627.734, F.S.; conforming
   39         cross-references; renumbering and amending s.
   40         627.7401, F.S.; applying notice requirements to bodily
   41         injury and property damage liability security instead
   42         of personal injury protection; creating s. 627.7355,
   43         F.S.; requiring all claims relating to personal injury
   44         to be brought in a single action; repealing s.
   45         627.736, F.S., relating to personal injury protection
   46         benefits; repealing s. 627.737, F.S., relating to
   47         exemption from tort liability for persons maintaining
   48         personal injury protection coverage; repealing s.
   49         627.739, F.S., relating to personal injury protection
   50         deductibles; repealing s. 627.7403, F.S., relating to
   51         the mandatory joinder of derivative claims; repealing
   52         s. 627.7405, F.S., relating to the insurers’ right of
   53         reimbursement; repealing s. 627.7407, F.S., relating
   54         to the application of the No-Fault Law; repealing ss.
   55         15 and 16 of chapter 2012-197, Laws of Florida,
   56         requiring the Office of Insurance Regulation to
   57         contract for a study and perform a data call relating
   58         to changes made to the No-Fault Law in 2012; amending
   59         ss. 318.18, 320.02, 320.0609, 320.27, 320.771,
   60         322.251, 400.9905, 400.991, 400.9935, 409.901,
   61         409.910, 456.057, 456.072, 626.9541, 626.989,
   62         626.9895, 627.06501, 627.0652, 627.0653, 627.4132,
   63         627.6482, 627.7263, 627.727, 627.7275, 627.728,
   64         627.7295, 627.8405, 627.915, 628.909, 705.184, 713.78,
   65         and 817.234 F.S.; conforming provisions to changes
   66         made by the act by removing references to personal
   67         injury protection and the Florida Motor Vehicle No
   68         Fault Law; making technical changes; conforming cross
   69         references; providing for the termination of personal
   70         injury protection policies and the requirement for
   71         maintaining minimum security requirements that allow a
   72         person to respond to property damage and bodily injury
   73         by a certain date; requiring the insurer to notify the
   74         insured about such changes by a certain date;
   75         providing for applicability of suspensions for failure
   76         to maintain security; providing effective dates.
   77  
   78  Be It Enacted by the Legislature of the State of Florida:
   79  
   80         Section 1. Subsection (1) of section 316.646, Florida
   81  Statutes, is amended, and subsection (5) is added to that
   82  section, to read:
   83         316.646 Security required; proof of security and display
   84  thereof; dismissal of cases.—
   85         (1) Any person required by s. 324.022 to maintain property
   86  damage liability security and, required by s. 324.023 to
   87  maintain liability security for bodily injury or death must, or
   88  required by s. 627.733 to maintain personal injury protection
   89  security on a motor vehicle shall have in his or her immediate
   90  possession at all times while operating a such motor vehicle
   91  proper proof of maintenance of the required security.
   92         (a) Such proof must shall be in a uniform paper or
   93  electronic format, as proof-of-insurance card in a form
   94  prescribed by the department, or a valid insurance policy, an
   95  insurance policy binder, a certificate of insurance, or such
   96  other proof as may be prescribed by the department.
   97         (b) The act of presenting to a law enforcement officer an
   98  electronic device that displays proof of insurance in an
   99  electronic format does not constitute consent for the officer to
  100  access any other information on the device. The person who
  101  presents the device to the officer assumes liability for any
  102  resulting damage to the device.
  103         (5) The department shall adopt rules to administer this
  104  section.
  105         Section 2. Section 324.011, Florida Statutes, is amended to
  106  read:
  107         324.011 Legislative intent and purpose of chapter.—It is
  108  the intent of this chapter that the privilege of owning and
  109  operating a motor vehicle be exercised to recognize the existing
  110  privilege to own or operate a motor vehicle on the public
  111  streets and highways of this state when such vehicles are used
  112  with due consideration for others and their property in order,
  113  and to promote safety and provide financial security
  114  requirements for such owners or operators whose responsibility
  115  it is to recompense others for injury to person or property
  116  caused by the operation of a motor vehicle. Therefore, this
  117  chapter requires it is required herein that the owner or
  118  operator of a motor vehicle establish and maintain the ability
  119  to involved in a crash or convicted of certain traffic offenses
  120  meeting the operative provisions of s. 324.051(2) shall respond
  121  in for such damages and show proof of financial ability to
  122  respond for damages arising out of the use of a motor vehicle in
  123  future accidents as a requisite to his or her future exercise of
  124  such privileges.
  125         Section 3. Subsections (1) and (7) of section 324.021,
  126  Florida Statutes, are amended to read:
  127         324.021 Definitions; minimum insurance required.—The
  128  following words and phrases when used in this chapter shall, for
  129  the purpose of this chapter, have the meanings respectively
  130  ascribed to them in this section, except in those instances
  131  where the context clearly indicates a different meaning:
  132         (1) MOTOR VEHICLE.—A Every self-propelled vehicle that
  133  which is designed and required to be licensed for use upon a
  134  highway, including trailers and semitrailers designed for use
  135  with such vehicles, except for traction engines, road rollers,
  136  farm tractors, power shovels, and well drillers, and a every
  137  vehicle that which is propelled by electric power obtained from
  138  overhead wires but not operated upon rails, but not including a
  139  any bicycle or moped. However, the term “motor vehicle” shall
  140  not include any motor vehicle as defined in s. 627.732(3) when
  141  the owner of such vehicle has complied with the requirements of
  142  ss. 627.730-627.7405, inclusive, unless the provisions of s.
  143  324.051 apply; and, in such case, the applicable proof of
  144  insurance provisions of s. 320.02 apply.
  145         (7) PROOF OF FINANCIAL RESPONSIBILITY.—That Proof of
  146  ability to respond in damages for liability on account of
  147  crashes arising out of the use of a motor vehicle:
  148         (a) In the amount of $25,000 for $10,000 because of bodily
  149  injury to, or the death of, one person in any one crash;
  150         (b) Subject to the such limits for one person under
  151  paragraph (a), in the amount of $50,000 for $20,000 because of
  152  bodily injury to, or the death of, two or more persons in any
  153  one crash;
  154         (c) In the amount of $10,000 for damage because of injury
  155  to, or destruction of, the property of others in any one crash;
  156  and
  157         (d) With respect to commercial motor vehicles and nonpublic
  158  sector buses, in the amounts specified in ss. 627.7415 and
  159  627.742, respectively.
  160         Section 4. Section 324.022, Florida Statutes, is amended to
  161  read:
  162         324.022 Financial responsibility requirements for property
  163  damage.—
  164         (1)(a)The Every owner or operator of a motor vehicle
  165  required to be registered in this state shall establish and
  166  maintain the ability to respond in damages for liability on
  167  account of accidents arising out of the use of the motor vehicle
  168  in the amount of:
  169         1.Ten thousand dollars for $10,000 because of damage to,
  170  or destruction of, property of others in any one crash.
  171         2. Twenty-five thousand dollar for bodily injury to, or the
  172  death of, one person in any one crash and, subject to such
  173  limits for one person, in the amount of $50,000 for bodily
  174  injury to, or the death of, two or more persons in any one
  175  crash.
  176         (b) The requirements of this section may be met by one of
  177  the methods established in s. 324.031; by self-insuring as
  178  authorized by s. 768.28(16); or by maintaining an insurance
  179  policy providing coverage in at least the amounts for bodily
  180  injury liability coverage and property damage coverage specified
  181  in paragraph (a) for property damage liability in the amount of
  182  at least $10,000 because of damage to, or destruction of,
  183  property of others in any one accident arising out of the use of
  184  the motor vehicle. The requirements of this section may also be
  185  met by having a policy that which provides coverage in the
  186  amount of at least $60,000 $30,000 for combined property damage
  187  liability and bodily injury liability for any one crash arising
  188  out of the use of the motor vehicle.
  189         (c) The policy, with respect to coverage for property
  190  damage liability and bodily injury liability, must meet the
  191  applicable requirements of s. 324.151, subject to the usual
  192  policy exclusions that have been approved in policy forms by the
  193  Office of Insurance Regulation.
  194         (d)An No insurer does not shall have a any duty to defend
  195  uncovered claims regardless irrespective of their joinder with
  196  covered claims.
  197         (2) As used in this section, the term:
  198         (a) “Motor vehicle” means a any self-propelled vehicle that
  199  has four or more wheels and that is of a type designed and
  200  required to be licensed for use on the highways of this state,
  201  and any trailer or semitrailer designed for use with such
  202  vehicle. The term does not include:
  203         1. A mobile home.
  204         2. A motor vehicle that is used in mass transit and
  205  designed to transport more than five passengers, exclusive of
  206  the operator of the motor vehicle, and that is owned by a
  207  municipality, transit authority, or political subdivision of the
  208  state.
  209         3. A school bus as defined in s. 1006.25.
  210         4. A vehicle providing for-hire transportation that is
  211  subject to the provisions of s. 324.031. The owner of a taxicab
  212  shall maintain security as required under s. 324.032(1).
  213         (b) “Owner” means the person who holds legal title to a
  214  motor vehicle or the debtor or lessee who has the right to
  215  possession of a motor vehicle that is the subject of a security
  216  agreement or lease with an option to purchase.
  217         (3) Each nonresident owner or registrant of a motor vehicle
  218  that, whether operated or not, has been physically present
  219  within this state for more than 90 days during the preceding 365
  220  days shall maintain security as required by subsection (1) which
  221  that is in effect continuously throughout the period the motor
  222  vehicle remains within this state.
  223         (4) An The owner or registrant of a motor vehicle who is
  224  exempt from the requirements of this section if she or he is a
  225  member of the United States Armed Forces and is called to or on
  226  active duty outside the United States in an emergency situation
  227  is exempt from this section. The exemption provided by this
  228  subsection applies only as long as the member of the armed
  229  forces is on such active duty outside the United States and
  230  applies only while the vehicle covered by the security is not
  231  operated by any person. Upon receipt of a written request by the
  232  insured to whom the exemption provided in this subsection
  233  applies, the insurer shall cancel the coverages and return any
  234  unearned premium or suspend the security required by this
  235  section. Notwithstanding s. 324.0221(2) 324.0221(3), the
  236  department may not suspend the registration or operator’s
  237  license of an any owner or registrant of a motor vehicle during
  238  the time she or he qualifies for the an exemption under this
  239  subsection. An Any owner or registrant of a motor vehicle who
  240  qualifies for the an exemption under this subsection shall
  241  immediately notify the department before prior to and at the end
  242  of the expiration of the exemption.
  243         Section 5. Subsections (1) and (2) of section 324.0221,
  244  Florida Statutes, are amended to read:
  245         324.0221 Reports by insurers to the department; suspension
  246  of driver’s license and vehicle registrations; reinstatement.—
  247         (1)(a) Each insurer that has issued a policy providing
  248  bodily injury liability personal injury protection coverage or
  249  property damage liability coverage shall report the renewal,
  250  cancellation, or nonrenewal thereof to the department within 45
  251  days after the effective date of each renewal, cancellation, or
  252  nonrenewal. Upon the issuance of a policy providing bodily
  253  injury liability personal injury protection coverage or property
  254  damage liability coverage to a named insured not previously
  255  insured by the insurer during that calendar year, the insurer
  256  shall report the issuance of the new policy to the department
  257  within 10 30 days. The report must shall be in the form and
  258  format and contain any information required by the department
  259  and must be provided in a format that is compatible with the
  260  data processing capabilities of the department. The department
  261  may adopt rules regarding the form and documentation required.
  262  Failure by an insurer to file proper reports with the department
  263  as required by this subsection or related rules adopted with
  264  respect to the requirements of this subsection constitutes a
  265  violation of the Florida Insurance Code. These records shall be
  266  used by the department only for enforcement and regulatory
  267  purposes, including the generation by the department of data
  268  regarding compliance by owners of motor vehicles with the
  269  requirements for financial responsibility coverage.
  270         (b) With respect to an insurance policy that provides
  271  providing bodily injury liability personal injury protection
  272  coverage or property damage liability coverage, each insurer
  273  shall notify the named insured, or the first-named insured in
  274  the case of a commercial fleet policy, in writing that any
  275  cancellation or nonrenewal of the policy will be reported by the
  276  insurer to the department. The notice must also inform the named
  277  insured that failure to maintain bodily injury liability
  278  personal injury protection coverage and property damage
  279  liability coverage on a motor vehicle when required by law may
  280  result in the loss of registration and driving privileges in
  281  this state and inform the named insured of the amount of the
  282  reinstatement fees required by this section. This notice is for
  283  informational purposes only, and an insurer is not civilly
  284  liable for failing to provide this notice.
  285         (2) The department shall suspend, after due notice and an
  286  opportunity to be heard, the registration and driver driver’s
  287  license of any owner or registrant of a motor vehicle with
  288  respect to which security is required under ss. 324.022 and
  289  627.733 upon:
  290         (a) The department’s records showing that the owner or
  291  registrant of such motor vehicle did not have the in full force
  292  and effect when required security in full force and effect that
  293  complies with the requirements of ss. 324.022 and 627.733; or
  294         (b) Notification by the insurer to the department, in a
  295  form approved by the department, of cancellation or termination
  296  of the required security.
  297         Section 6. Section 324.023, Florida Statutes, is amended to
  298  read:
  299         324.023 Financial responsibility for bodily injury or
  300  death.—In addition to any other financial responsibility
  301  required by law, every owner or operator of a motor vehicle that
  302  is required to be registered in this state, or that is located
  303  within this state, and who, regardless of adjudication of guilt,
  304  has been found guilty of or entered a plea of guilty or nolo
  305  contendere to a charge of driving under the influence under s.
  306  316.193 after October 1, 2007, shall, by one of the methods
  307  established in s. 324.031(1) or, (2), or (3), establish and
  308  maintain the ability to respond in damages for liability on
  309  account of accidents arising out of the use of a motor vehicle
  310  in the amount of $100,000 because of bodily injury to, or death
  311  of, one person in any one crash and, subject to such limits for
  312  one person, in the amount of $300,000 because of bodily injury
  313  to, or death of, two or more persons in any one crash and in the
  314  amount of $50,000 because of property damage in any one crash.
  315  If the owner or operator chooses to establish and maintain such
  316  ability by posting a bond or furnishing a certificate of deposit
  317  pursuant to s. 324.031(2) or (3), such bond or certificate of
  318  deposit must be in an amount not less than $350,000. Such higher
  319  limits must be carried for a minimum period of 3 years. If the
  320  owner or operator has not been convicted of driving under the
  321  influence or a felony traffic offense for a period of 3 years
  322  from the date of reinstatement of driving privileges for a
  323  violation of s. 316.193, the owner or operator is shall be
  324  exempt from this section.
  325         Section 7. Section 324.031, Florida Statutes, is amended to
  326  read:
  327         324.031 Manner of proving financial responsibility.—The
  328  owner or operator of a taxicab, limousine, jitney, or any other
  329  for-hire passenger transportation vehicle may prove financial
  330  responsibility by providing satisfactory evidence of holding a
  331  motor vehicle liability policy as defined in s. 324.021(8) or s.
  332  324.151, which policy is issued by an insurance carrier that
  333  which is a member of the Florida Insurance Guaranty Association.
  334  The operator or owner of any other vehicle may prove his or her
  335  financial responsibility by:
  336         (1) Furnishing satisfactory evidence of holding such a
  337  motor vehicle liability policy as defined in ss. 324.021(8) and
  338  324.151;
  339         (2) Posting with the department a satisfactory bond of a
  340  surety company authorized to do business in this state,
  341  conditioned for payment of the amount specified in s.
  342  324.021(7);
  343         (2)(3) Furnishing a certificate of self insurance the
  344  department showing a deposit of cash or securities in accordance
  345  with s. 324.161; or
  346         (3)(4) Furnishing a certificate of self-insurance issued by
  347  the department in accordance with s. 324.171.
  348  
  349  Any person, including a any firm, partnership, association,
  350  corporation, or other person, other than a natural person,
  351  electing to use the method of proof specified in subsection (2)
  352  or subsection (3) shall post a bond or deposit equal to the
  353  number of vehicles owned times $60,000 $30,000, up to a maximum
  354  of $240,000. $120,000; In addition, any such person, other than
  355  a natural person, shall maintain insurance providing coverage in
  356  excess of limits of $25,000/50,000/10,000 $10,000/20,000/10,000
  357  or $60,000 $30,000 combined single limits, and such excess
  358  insurance must shall provide minimum limits of
  359  $125,000/250,000/50,000 or $300,000 combined single limits.
  360  These increased limits do shall not affect the requirements for
  361  proving financial responsibility under s. 324.032(1).
  362         Section 8. Section 324.071, Florida Statutes, is amended to
  363  read:
  364         324.071 Reinstatement; renewal of license; reinstatement
  365  fee.—An Any operator or owner whose license or registration has
  366  been suspended pursuant to s. 324.051(2), s. 324.072, s.
  367  324.081, or s. 324.121 may effect its reinstatement upon
  368  compliance with the provisions of s. 324.051(2)(a)3. or 4., or
  369  s. 324.081(2) and (3), as the case may be, and with one of the
  370  provisions of s. 324.031 and upon payment to the department of a
  371  nonrefundable reinstatement fee as specified in s. 324.0221 of
  372  $15. Only one such fee shall be paid by any one person
  373  regardless irrespective of the number of licenses and
  374  registrations to be then reinstated or issued to such person.
  375  All such fees shall be deposited to a department trust fund. If
  376  When the reinstatement of any license or registration is
  377  effected by compliance with s. 324.051(2)(a)3. or 4., the
  378  department may shall not renew the license or registration
  379  within a period of 3 years after from such reinstatement, nor
  380  may shall any other license or registration be issued in the
  381  name of such person, unless the operator continues is continuing
  382  to comply with one of the provisions of s. 324.031.
  383         Section 9. Section 324.161, Florida Statutes, is amended to
  384  read:
  385         324.161 Proof of financial responsibility; surety bond or
  386  deposit.—A The certificate of the department of a deposit issued
  387  by the department may be obtained by depositing $60,000 in with
  388  it $30,000 cash or in securities that such as may be legally
  389  purchased by savings banks or for trust funds which have, of a
  390  market value of $60,000 $30,000 and which deposit shall be held
  391  by the department to satisfy, in accordance with the provisions
  392  of this chapter, any execution on a judgment issued against such
  393  person making the deposit, for damages for because of bodily
  394  injury to or death of any person or for damages or because of
  395  injury to, or destruction of, property resulting from the use or
  396  operation of any motor vehicle occurring after such deposit was
  397  made. Money or securities so deposited are shall not be subject
  398  to attachment or execution unless such attachment or execution
  399  arises shall arise out of a suit for such damages as aforesaid.
  400         Section 10. Subsections (1) and (2) of section 324.171,
  401  Florida Statutes, are amended to read:
  402         324.171 Self-insurer.—
  403         (1) A Any person may qualify as a self-insurer by obtaining
  404  a certificate of self-insurance from the department. which may,
  405  in its discretion and Upon application of such a person, the
  406  department may issue a said certificate if the applicant of
  407  self-insurance when such person has satisfied the requirements
  408  of this section to qualify as a self-insurer under this section:
  409         (a) A private individual with private passenger vehicles
  410  must shall possess a net unencumbered worth of at least $60,000
  411  $40,000.
  412         (b) A person, including any firm, partnership, association,
  413  corporation, or other person, other than a natural person, must
  414  shall:
  415         1. Possess a net unencumbered worth of at least $60,000
  416  $40,000 for the first motor vehicle and $30,000 $20,000 for each
  417  additional motor vehicle; or
  418         2. Maintain sufficient net worth, as determined annually by
  419  the department, pursuant to rules adopted promulgated by the
  420  department, with the assistance of the Office of Insurance
  421  Regulation of the Financial Services Commission, to be
  422  financially responsible for potential losses. The rules must
  423  consider any shall take into consideration excess insurance
  424  carried by the applicant. The department’s determination shall
  425  be based upon reasonable actuarial principles considering the
  426  frequency, severity, and loss development of claims incurred by
  427  casualty insurers writing coverage on the type of motor vehicles
  428  for which a certificate of self-insurance is desired.
  429         (c) The owner of a commercial motor vehicle, as defined in
  430  s. 207.002(2) or s. 320.01, may qualify as a self-insurer
  431  subject to the standards provided for in subparagraph (b)2.
  432         (2) The self-insurance certificate must shall provide
  433  limits of liability insurance in the amounts specified under s.
  434  324.021(7) or s. 627.7415 and shall provide personal injury
  435  protection coverage under s. 627.733(3)(b).
  436         Section 11. Section 627.730, Florida Statutes, is repealed.
  437         Section 12. Section 627.731, Florida Statutes, is repealed.
  438         Section 13. Section 627.7311, Florida Statutes, is
  439  repealed.
  440         Section 14. Section 627.732, Florida Statutes, is reordered
  441  and amended to read:
  442         627.732 Definitions.—As used in ss. 627.733-627.7355
  443  627.730-627.7405, the term:
  444         (1) “Broker” means any person not possessing a license
  445  under chapter 395, chapter 400, chapter 429, chapter 458,
  446  chapter 459, chapter 460, chapter 461, or chapter 641 who
  447  charges or receives compensation for any use of medical
  448  equipment and is not the 100-percent owner or the 100-percent
  449  lessee of such equipment. For purposes of this section, such
  450  owner or lessee may be an individual, a corporation, a
  451  partnership, or any other entity and any of its 100-percent
  452  owned affiliates and subsidiaries. For purposes of this
  453  subsection, the term “lessee” means a long-term lessee under a
  454  capital or operating lease, but does not include a part-time
  455  lessee. The term “broker” does not include a hospital or
  456  physician management company whose medical equipment is
  457  ancillary to the practices managed, a debt collection agency, or
  458  an entity that has contracted with the insurer to obtain a
  459  discounted rate for such services; nor does the term include a
  460  management company that has contracted to provide general
  461  management services for a licensed physician or health care
  462  facility and whose compensation is not materially affected by
  463  the usage or frequency of usage of medical equipment or an
  464  entity that is 100-percent owned by one or more hospitals or
  465  physicians. The term “broker” does not include a person or
  466  entity that certifies, upon request of an insurer, that:
  467         (a) It is a clinic licensed under ss. 400.990-400.995;
  468         (b) It is a 100-percent owner of medical equipment; and
  469         (c) The owner’s only part-time lease of medical equipment
  470  for personal injury protection patients is on a temporary basis
  471  not to exceed 30 days in a 12-month period, and such lease is
  472  solely for the purposes of necessary repair or maintenance of
  473  the 100-percent-owned medical equipment or pending the arrival
  474  and installation of the newly purchased or a replacement for the
  475  100-percent-owned medical equipment, or for patients for whom,
  476  because of physical size or claustrophobia, it is determined by
  477  the medical director or clinical director to be medically
  478  necessary that the test be performed in medical equipment that
  479  is open-style. The leased medical equipment cannot be used by
  480  patients who are not patients of the registered clinic for
  481  medical treatment of services. Any person or entity making a
  482  false certification under this subsection commits insurance
  483  fraud as defined in s. 817.234. However, the 30-day period
  484  provided in this paragraph may be extended for an additional 60
  485  days as applicable to magnetic resonance imaging equipment if
  486  the owner certifies that the extension otherwise complies with
  487  this paragraph.
  488         (2) “Medically necessary” refers to a medical service or
  489  supply that a prudent physician would provide for the purpose of
  490  preventing, diagnosing, or treating an illness, injury, disease,
  491  or symptom in a manner that is:
  492         (a) In accordance with generally accepted standards of
  493  medical practice;
  494         (b) Clinically appropriate in terms of type, frequency,
  495  extent, site, and duration; and
  496         (c) Not primarily for the convenience of the patient,
  497  physician, or other health care provider.
  498         (2)(3) “Motor vehicle” means any self-propelled vehicle
  499  that with four or more wheels which is of a type both designed
  500  and required to be licensed for use on the highways of this
  501  state and any trailer or semitrailer designed for use with such
  502  vehicle and includes:
  503         (a) A “private passenger motor vehicle,” which is any motor
  504  vehicle which is a sedan, station wagon, or jeep-type vehicle
  505  and, if not used primarily for occupational, professional, or
  506  business purposes, a motor vehicle of the pickup, panel, van,
  507  camper, or motor home type.
  508         (b) A “commercial motor vehicle,” which is any motor
  509  vehicle which is not a private passenger motor vehicle.
  510  
  511  The term “motor vehicle” does not include a mobile home or any
  512  motor vehicle which is used in mass transit, other than public
  513  school transportation, and designed to transport more than five
  514  passengers exclusive of the operator of the motor vehicle and
  515  which is owned by a municipality, a transit authority, or a
  516  political subdivision of the state.
  517         (4) “Named insured” means a person, usually the owner of a
  518  vehicle, identified in a policy by name as the insured under the
  519  policy.
  520         (3)(5) “Owner” means a person who holds the legal title to
  521  a motor vehicle; or, in the event a motor vehicle is the subject
  522  of a security agreement or lease with an option to purchase with
  523  the debtor or lessee having the right to possession, then the
  524  debtor or lessee shall be deemed the owner for the purposes of
  525  ss. 627.730-627.7405.
  526         (6) “Relative residing in the same household” means a
  527  relative of any degree by blood or by marriage who usually makes
  528  her or his home in the same family unit, whether or not
  529  temporarily living elsewhere.
  530         (7) “Certify” means to swear or attest to being true or
  531  represented in writing.
  532         (8) “Immediate personal supervision,” as it relates to the
  533  performance of medical services by nonphysicians not in a
  534  hospital, means that an individual licensed to perform the
  535  medical service or provide the medical supplies must be present
  536  within the confines of the physical structure where the medical
  537  services are performed or where the medical supplies are
  538  provided such that the licensed individual can respond
  539  immediately to any emergencies if needed.
  540         (9) “Incident,” with respect to services considered as
  541  incident to a physician’s professional service, for a physician
  542  licensed under chapter 458, chapter 459, chapter 460, or chapter
  543  461, if not furnished in a hospital, means such services must be
  544  an integral, even if incidental, part of a covered physician’s
  545  service.
  546         (1)(10) “Knowingly” means that a person, with respect to
  547  information, has actual knowledge of the information; acts in
  548  deliberate ignorance of the truth or falsity of the information;
  549  or acts in reckless disregard of the information, and proof of
  550  specific intent to defraud is not required.
  551         (11) “Lawful” or “lawfully” means in substantial compliance
  552  with all relevant applicable criminal, civil, and administrative
  553  requirements of state and federal law related to the provision
  554  of medical services or treatment.
  555         (12) “Hospital” means a facility that, at the time services
  556  or treatment were rendered, was licensed under chapter 395.
  557         (13) “Properly completed” means providing truthful,
  558  substantially complete, and substantially accurate responses as
  559  to all material elements to each applicable request for
  560  information or statement by a means that may lawfully be
  561  provided and that complies with this section, or as agreed by
  562  the parties.
  563         (14) “Upcoding” means an action that submits a billing code
  564  that would result in payment greater in amount than would be
  565  paid using a billing code that accurately describes the services
  566  performed. The term does not include an otherwise lawful bill by
  567  a magnetic resonance imaging facility, which globally combines
  568  both technical and professional components, if the amount of the
  569  global bill is not more than the components if billed
  570  separately; however, payment of such a bill constitutes payment
  571  in full for all components of such service.
  572         (15) “Unbundling” means an action that submits a billing
  573  code that is properly billed under one billing code, but that
  574  has been separated into two or more billing codes, and would
  575  result in payment greater in amount than would be paid using one
  576  billing code.
  577         (16) “Emergency medical condition” means a medical
  578  condition manifesting itself by acute symptoms of sufficient
  579  severity, which may include severe pain, such that the absence
  580  of immediate medical attention could reasonably be expected to
  581  result in any of the following:
  582         (a) Serious jeopardy to patient health.
  583         (b) Serious impairment to bodily functions.
  584         (c) Serious dysfunction of any bodily organ or part.
  585         (17) “Entity wholly owned” means a proprietorship, group
  586  practice, partnership, or corporation that provides health care
  587  services rendered by licensed health care practitioners and in
  588  which licensed health care practitioners are the business owners
  589  of all aspects of the business entity, including, but not
  590  limited to, being reflected as the business owners on the title
  591  or lease of the physical facility, filing taxes as the business
  592  owners, being account holders on the entity’s bank account,
  593  being listed as the principals on all incorporation documents
  594  required by this state, and having ultimate authority over all
  595  personnel and compensation decisions relating to the entity.
  596  However, this definition does not apply to an entity that is
  597  wholly owned, directly or indirectly, by a hospital licensed
  598  under chapter 395.
  599         Section 15. Section 627.733, Florida Statutes, is amended
  600  to read:
  601         627.733 Required security.—
  602         (1)(a) The Every owner or registrant of a motor vehicle,
  603  other than a motor vehicle used as a school bus as defined in s.
  604  1006.25 or limousine, required to be registered and licensed in
  605  this state shall maintain security as required by this section
  606  subsection (3) in effect continuously throughout the
  607  registration or licensing period.
  608         (b) Notwithstanding paragraph (a), an Every owner or
  609  registrant of a motor vehicle used as a taxicab shall not be
  610  governed by paragraph (1)(a) but shall maintain security as
  611  required under s. 324.032(1), and s. 627.737 shall not apply to
  612  any motor vehicle used as a taxicab.
  613         (2) Every nonresident owner or registrant of a motor
  614  vehicle that which, whether operated or not, has been physically
  615  present within this state for more than 90 days during the
  616  preceding 365 days shall thereafter maintain security as
  617  required by this section defined by subsection (3) in effect
  618  continuously throughout the period the such motor vehicle
  619  remains within this state.
  620         (3) Such security must shall be provided:
  621         (a) By an insurance policy delivered or issued for delivery
  622  in this state by an authorized or eligible motor vehicle
  623  liability insurer which provides the security required under s.
  624  324.022 the benefits and exemptions contained in ss. 627.730
  625  627.7405. Any policy of insurance that provides, or is
  626  represented or sold as providing, the security required in this
  627  section is hereunder shall be deemed to provide insurance for
  628  the payment of the required benefits; or
  629         (b) By any other method authorized by s. 324.031(2) or,
  630  (3), or (4) and approved by the Department of Highway Safety and
  631  Motor Vehicles as providing affording security equivalent to
  632  that afforded by a policy of insurance or by self-insuring as
  633  authorized by s. 768.28(16). The person filing such security
  634  shall have all of the obligations and rights of an insurer under
  635  ss. 627.730-627.7405.
  636         (4) An owner of a motor vehicle with respect to which
  637  security is required by this section who fails to have such
  638  security in effect at the time of an accident shall have no
  639  immunity from tort liability, but shall be personally liable for
  640  the payment of benefits under s. 627.736. With respect to such
  641  benefits, such an owner shall have all of the rights and
  642  obligations of an insurer under ss. 627.730-627.7405.
  643         (4)(5)In addition to other persons who are not required to
  644  provide required security as required under this section and s.
  645  324.022, The owner or registrant of a motor vehicle who is
  646  exempt from such requirements if she or he is a member of the
  647  United States Armed Forces and is called to or on active duty
  648  outside the United States in an emergency situation is exempt
  649  from this section. The exemption provided by this subsection
  650  applies only as long as the member of the armed forces is on
  651  such active duty outside the United States and applies only
  652  while the vehicle covered by the security required by this
  653  section and s. 324.022 is not operated by any person. Upon
  654  receipt of a written request by the insured to whom the
  655  exemption provided in this subsection applies, the insurer shall
  656  cancel the coverages and return any unearned premium or suspend
  657  the security required by this section and s. 324.022.
  658  Notwithstanding s. 324.0221(2), the Department of Highway Safety
  659  and Motor Vehicles may not suspend the registration or
  660  operator’s license of an any owner or registrant of a motor
  661  vehicle during the time she or he qualifies for the an exemption
  662  under this subsection. An Any owner or registrant of a motor
  663  vehicle who qualifies for the an exemption under this subsection
  664  shall immediately notify the department before prior to and at
  665  the end of the expiration of the exemption.
  666         Section 16. Section 627.734, Florida Statutes, is amended
  667  to read:
  668         627.734 Proof of security; security requirements;
  669  penalties.—
  670         (1) The provisions of chapter 324 which pertain to the
  671  method of giving and maintaining proof of financial
  672  responsibility and which govern and define a motor vehicle
  673  liability policy shall apply to filing and maintaining proof of
  674  security required under s. 627.733 by ss. 627.730-627.7405.
  675         (2) Any person who:
  676         (a) Gives information required in a report or otherwise as
  677  provided for in ss. 627.730-627.7405, knowing or having reason
  678  to believe that such information is false;
  679         (b) Forges or, without authority, signs any evidence of
  680  proof of security; or
  681         (c) Files, or offers for filing, any such evidence of
  682  proof, knowing or having reason to believe that it is forged or
  683  signed without authority,
  684  
  685  commits is guilty of a misdemeanor of the first degree,
  686  punishable as provided in s. 775.082 or s. 775.083.
  687         Section 17. Section 627.7401, Florida Statutes, is
  688  renumbered as section 627.7341, Florida Statutes, and amended to
  689  read:
  690         627.7341 627.7401 Notification of security requirements
  691  insured’s rights.—
  692         (1) The commission, by rule, shall adopt a form for
  693  notifying the notification of insureds of the security required
  694  under s. 627.733 and the proof of security requirement under s.
  695  627.734 their right to receive personal injury protection
  696  benefits under the Florida Motor Vehicle No-Fault Law. Such
  697  notice must shall include:
  698         (a) A description of the benefits provided by bodily injury
  699  liability coverage and property damage liability coverage
  700  personal injury protection, including, but not limited to, the
  701  specific types of services for which medical benefits are paid,
  702  disability benefits, death benefits, significant exclusions from
  703  and limitations on personal injury protection benefits, when
  704  payments are due, how benefits are coordinated with other
  705  insurance benefits that the insured may have, penalties and
  706  interest that may be imposed on insurers for failure to make
  707  timely payments of benefits, and rights of parties regarding
  708  disputes as to benefits.
  709         (b) An advisory informing insureds that,:
  710         1. pursuant to s. 626.9892, the Department of Financial
  711  Services may pay rewards of up to $25,000 to persons providing
  712  information leading to the arrest and conviction of persons
  713  committing crimes investigated by the Division of Insurance
  714  Fraud arising from violations of s. 440.105, s. 624.15, s.
  715  626.9541, s. 626.989, or s. 817.234.
  716         2. Pursuant to s. 627.736(5)(e)1., if the insured notifies
  717  the insurer of a billing error, the insured may be entitled to a
  718  certain percentage of a reduction in the amount paid by the
  719  insured’s motor vehicle insurer.
  720         (c) A notice that solicitation of a person injured in a
  721  motor vehicle crash for purposes of filing personal injury
  722  protection or tort claims could be a violation of s. 817.234, s
  723  817.505, or the rules regulating The Florida Bar and should be
  724  immediately reported to the Division of Insurance Fraud if such
  725  conduct has taken place.
  726         (2) Each insurer issuing a policy in this state providing
  727  the security required under s. 627.733 shall personal injury
  728  protection benefits must mail or deliver the notice as specified
  729  in subsection (1) to an insured within 21 days after receiving
  730  notice from the insured notice of an automobile accident or
  731  claim involving personal injury to an insured who is covered
  732  under the policy. The office may allow an insurer up to 30 days
  733  of additional time to provide the notice specified in subsection
  734  (1) not to exceed 30 days, upon a showing by the insurer that an
  735  emergency justifies an extension of time.
  736         (3) The notice required by this section does not alter or
  737  modify the terms of the insurance contract or other security
  738  requirements of this part act.
  739         Section 18. Section 627.7355, Florida Statutes, is created
  740  to read:
  741         627.7355Motor vehicle insurance claims brought in a single
  742  action.—In any action in which the owner, registrant, operator,
  743  or occupant of a motor vehicle, to which security has been
  744  provided pursuant to s. 627.733, is claiming personal injury,
  745  all claims arising out of the plaintiff’s injuries, including
  746  all derivative claims, shall be brought together, unless good
  747  cause is shown why such claims should be brought separately.
  748         Section 19. Section 627.736, Florida Statutes, is repealed.
  749         Section 20. Section 627.737, Florida Statutes, is repealed.
  750         Section 21. Section 627.739, Florida Statutes, is repealed.
  751         Section 22. Section 627.7403, Florida Statutes, is
  752  repealed.
  753         Section 23. Section 627.7405, Florida Statutes, is
  754  repealed.
  755         Section 24. Section 627.7407, Florida Statutes, is
  756  repealed.
  757         Section 25. Sections 15 and 16 of chapter 2012-197, Laws of
  758  Florida, are repealed.
  759         Section 26. Paragraph (b) of subsection (2) of section
  760  318.18, Florida Statutes, is amended to read:
  761         318.18 Amount of penalties.—The penalties required for a
  762  noncriminal disposition pursuant to s. 318.14 or a criminal
  763  offense listed in s. 318.17 are as follows:
  764         (2) Thirty dollars for all nonmoving traffic violations
  765  and:
  766         (b) For all violations of ss. 320.0605, 320.07(1), 322.065,
  767  and 322.15(1). A Any person who is cited for a violation of s.
  768  320.07(1) shall be charged a delinquent fee pursuant to s.
  769  320.07(4).
  770         1. If a person who is cited for a violation of s. 320.0605
  771  or s. 320.07 can show proof of having a valid registration at
  772  the time of arrest, the clerk of the court may dismiss the case
  773  and may assess a dismissal fee of up to $10. A person who finds
  774  it impossible or impractical to obtain a valid registration
  775  certificate must submit an affidavit detailing the reasons for
  776  the impossibility or impracticality. The reasons may include,
  777  but are not limited to, the fact that the vehicle was sold,
  778  stolen, or destroyed; that the state in which the vehicle is
  779  registered does not issue a certificate of registration; or that
  780  the vehicle is owned by another person.
  781         2. If a person who is cited for a violation of s. 322.03,
  782  s. 322.065, or s. 322.15 can show a driver driver’s license
  783  issued to him or her and valid at the time of arrest, the clerk
  784  of the court may dismiss the case and may assess a dismissal fee
  785  of up to $10.
  786         3. If a person who is cited for a violation of s. 316.646
  787  can show proof of security as required by s. 627.733, issued to
  788  the person and valid at the time of arrest, the clerk of the
  789  court may dismiss the case and may assess a dismissal fee of up
  790  to $10. A person who finds it impossible or impractical to
  791  obtain proof of security must submit an affidavit detailing the
  792  reasons for the impracticality. The reasons may include, but are
  793  not limited to, the fact that the vehicle has since been sold,
  794  stolen, or destroyed,; that the owner or registrant of the
  795  vehicle is not required by s. 627.733 to maintain personal
  796  injury protection insurance; or that the vehicle is owned by
  797  another person.
  798         Section 27. Paragraphs (a) and (d) of subsection (5) of
  799  section 320.02, Florida Statutes, are amended to read:
  800         320.02 Registration required; application for registration;
  801  forms.—
  802         (5)(a) Proof that bodily injury liability and property
  803  damage liability coverage personal injury protection benefits
  804  have been purchased if when required under ss. 324.022 and s.
  805  627.733, that property damage liability coverage has been
  806  purchased as required under s. 324.022, that bodily injury or
  807  death coverage has been purchased if required under s. 324.023,
  808  and that combined bodily liability insurance and property damage
  809  liability insurance have been purchased if when required under
  810  s. 627.7415 shall be provided in the manner prescribed by law by
  811  the applicant at the time of application for registration of any
  812  motor vehicle that is subject to such requirements. The issuing
  813  agent may not shall refuse to issue registration if such proof
  814  of purchase is not provided. Insurers shall furnish uniform
  815  proof-of-purchase cards in a form prescribed by the department
  816  and shall include the name of the insured’s insurance company,
  817  the coverage identification number, and the make, year, and
  818  vehicle identification number of the vehicle insured. The card
  819  must shall contain a statement notifying the applicant of the
  820  penalty specified in s. 316.646(4). The card or insurance
  821  policy, insurance policy binder, or certificate of insurance or
  822  a photocopy of any of these; an affidavit containing the name of
  823  the insured’s insurance company, the insured’s policy number,
  824  and the make and year of the vehicle insured; or such other
  825  proof as may be prescribed by the department constitutes shall
  826  constitute sufficient proof of purchase. If an affidavit is
  827  provided as proof, it must shall be in substantially the
  828  following form:
  829  
  830  Under penalty of perjury, I ...(Name of insured)... do hereby
  831  certify that I have ...(Personal Injury Protection, Property
  832  Damage Liability, and, when required, Bodily Injury
  833  Liability)... Insurance currently in effect with ...(Name of
  834  insurance company)... under ...(policy number)... covering
  835  ...(make, year, and vehicle identification number of
  836  vehicle).... ...(Signature of Insured)...
  837  
  838  The Such affidavit must shall include the following warning:
  839  
  840  WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
  841  REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
  842  LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
  843  SUBJECT TO PROSECUTION.
  844  
  845  If When an application is made through a licensed motor vehicle
  846  dealer as required under in s. 319.23, the original or a
  847  photostatic copy of such card, insurance policy, insurance
  848  policy binder, or certificate of insurance or the original
  849  affidavit from the insured shall be forwarded by the dealer to
  850  the tax collector of the county or the Department of Highway
  851  Safety and Motor Vehicles for processing. By executing the
  852  aforesaid affidavit, the no licensed motor vehicle dealer will
  853  not be liable in damages for any inadequacy, insufficiency, or
  854  falsification of any statement contained therein. A card shall
  855  also indicate the existence of any bodily injury liability
  856  insurance voluntarily purchased.
  857         (d) The verifying of proof of personal injury protection
  858  insurance, proof of property damage liability insurance, proof
  859  of combined bodily liability insurance and property damage
  860  liability insurance, or proof of financial responsibility
  861  insurance and the issuance or failure to issue the motor vehicle
  862  registration under the provisions of this chapter is may not be
  863  construed in any court as a warranty of the reliability or
  864  accuracy of the evidence of such proof. Neither the department
  865  nor a any tax collector is liable in damages for any inadequacy,
  866  insufficiency, falsification, or unauthorized modification of
  867  any item of the proof of personal injury protection insurance,
  868  proof of property damage liability insurance, proof of combined
  869  bodily liability insurance and property damage liability
  870  insurance, or proof of financial responsibility insurance before
  871  prior to, during, or after subsequent to the verification of the
  872  proof. The issuance of a motor vehicle registration does not
  873  constitute prima facie evidence or a presumption of insurance
  874  coverage.
  875         Section 28. Paragraph (b) of subsection (1) of section
  876  320.0609, Florida Statutes, is amended to read:
  877         320.0609 Transfer and exchange of registration license
  878  plates; transfer fee.—
  879         (1)
  880         (b) The transfer of a license plate from a vehicle disposed
  881  of to a newly acquired vehicle does not constitute a new
  882  registration. The application for transfer shall be accepted
  883  without requiring proof of personal injury protection or
  884  liability insurance.
  885         Section 29. Subsection (3) of section 320.27, Florida
  886  Statutes, is amended to read:
  887         320.27 Motor vehicle dealers.—
  888         (3) APPLICATION AND FEE.—The application for the license
  889  application shall be in such form as may be prescribed by the
  890  department and is shall be subject to such rules with respect
  891  thereto as may be so prescribed by the department it. The Such
  892  application shall be verified by oath or affirmation and must
  893  shall contain a full statement of the name and birth date of the
  894  person or persons applying for the license therefor; the name of
  895  the firm or copartnership, with the names and places of
  896  residence of all members thereof, if such applicant is a firm or
  897  copartnership; the names and places of residence of the
  898  principal officers, if the applicant is a body corporate or
  899  other artificial body; the name of the state under whose laws
  900  the corporation is organized; the present and former place or
  901  places of residence of the applicant; and the prior business in
  902  which the applicant has been engaged and its the location
  903  thereof. The Such application must shall describe the exact
  904  location of the place of business and shall state whether the
  905  place of business is owned by the applicant and when acquired,
  906  or, if leased, a true copy of the lease shall be attached to the
  907  application. The applicant shall certify that the location
  908  provides an adequately equipped office and is not a residence;
  909  that the location affords sufficient unoccupied space upon and
  910  within which adequately to store all motor vehicles offered and
  911  displayed for sale; and that the location is a suitable place
  912  where the applicant can in good faith carry on such business and
  913  keep and maintain books, records, and files necessary to conduct
  914  such business, which shall be available at all reasonable hours
  915  to inspection by the department or any of its inspectors or
  916  other employees. The applicant shall certify that the business
  917  of a motor vehicle dealer is the principal business that will
  918  which shall be conducted at that location. The application must
  919  shall contain a statement that the applicant is either
  920  franchised by a manufacturer of motor vehicles, in which case
  921  the name of each motor vehicle that the applicant is franchised
  922  to sell must shall be included, or an independent
  923  (nonfranchised) motor vehicle dealer. The application must shall
  924  contain other relevant information as may be required by the
  925  department, including evidence that the applicant is insured
  926  under a garage liability insurance policy or a general liability
  927  insurance policy coupled with a business automobile policy,
  928  which includes shall include, at a minimum, $60,000 $25,000
  929  combined single-limit liability coverage including bodily injury
  930  and property damage protection and $10,000 personal injury
  931  protection. However, a salvage motor vehicle dealer as defined
  932  in subparagraph (1)(c)5. is exempt from the requirements for
  933  garage liability insurance and personal injury protection
  934  insurance on those vehicles that cannot be legally operated on
  935  roads, highways, or streets in this state. Franchise dealers
  936  must submit a garage liability insurance policy, and all other
  937  dealers must submit a garage liability insurance policy or a
  938  general liability insurance policy coupled with a business
  939  automobile policy. Such policy shall be for the license period,
  940  and evidence of a new or continued policy shall be delivered to
  941  the department at the beginning of each license period. Upon
  942  making initial application, the applicant shall pay to the
  943  department a fee of $300 in addition to any other fees now
  944  required by law. Upon making a subsequent renewal application,
  945  the applicant shall pay to the department a fee of $75 in
  946  addition to any other fees now required by law. Upon making an
  947  application for a change of location, the applicant person shall
  948  pay a fee of $50 in addition to any other fees now required by
  949  law. The department shall, in the case of every application for
  950  initial licensure, verify whether certain facts set forth in the
  951  application are true. Each applicant, general partner in the
  952  case of a partnership, or corporate officer and director in the
  953  case of a corporate applicant, must file a set of fingerprints
  954  with the department for the purpose of determining any prior
  955  criminal record or any outstanding warrants. The department
  956  shall submit the fingerprints to the Department of Law
  957  Enforcement for state processing and forwarding to the Federal
  958  Bureau of Investigation for federal processing. The actual cost
  959  of state and federal processing shall be borne by the applicant
  960  and is in addition to the fee for licensure. The department may
  961  issue a license to an applicant pending the results of the
  962  fingerprint investigation, which license is fully revocable if
  963  the department subsequently determines that any facts set forth
  964  in the application are not true or correctly represented.
  965         Section 30. Paragraph (j) of subsection (3) of section
  966  320.771, Florida Statutes, is amended to read:
  967         320.771 License required of recreational vehicle dealers.—
  968         (3) APPLICATION.—The application for such license shall be
  969  in the form prescribed by the department and subject to such
  970  rules as may be prescribed by it. The application shall be
  971  verified by oath or affirmation and shall contain:
  972         (j) A statement that the applicant is insured under a
  973  garage liability insurance policy, which includes shall include,
  974  at a minimum, $60,000 $25,000 combined single-limit liability
  975  coverage, including bodily injury and property damage
  976  protection, and $10,000 personal injury protection, if the
  977  applicant is to be licensed as a dealer in, or intends to sell,
  978  recreational vehicles.
  979  
  980  The department shall, if it deems necessary, cause an
  981  investigation to be made to ascertain if the facts set forth in
  982  the application are true and shall not issue a license to the
  983  applicant until it is satisfied that the facts set forth in the
  984  application are true.
  985         Section 31. Subsection (2) of section 322.251, Florida
  986  Statutes, is amended to read:
  987         322.251 Notice of cancellation, suspension, revocation, or
  988  disqualification of license.—
  989         (2) The giving of notice and an order of cancellation,
  990  suspension, revocation, or disqualification by mail is complete
  991  upon expiration of 20 days after deposit in the United States
  992  mail for all notices except those issued under chapter 324 or
  993  ss. 627.733-627.734 627.732627.734, which are complete 15 days
  994  after deposit in the United States mail. Proof of the giving of
  995  notice and an order of cancellation, suspension, revocation, or
  996  disqualification in either manner shall be made by entry in the
  997  records of the department that such notice was given. The entry
  998  is admissible in the courts of this state and constitutes
  999  sufficient proof that such notice was given.
 1000         Section 32. Subsection (4) of section 400.9905, Florida
 1001  Statutes, is amended, present subsection (7) of that section is
 1002  renumbered as subsection (8), and new subsection (7) is added to
 1003  that section, to read:
 1004         400.9905 Definitions.—
 1005         (4) “Clinic” means an entity where health care services are
 1006  provided to individuals and which tenders charges for
 1007  reimbursement for such services, including a mobile clinic and a
 1008  portable equipment provider. As used in this part, the term does
 1009  not include and the licensure requirements of this part do not
 1010  apply to:
 1011         (a) Entities licensed or registered by the state under
 1012  chapter 395; entities licensed or registered by the state and
 1013  providing only health care services within the scope of services
 1014  authorized under their respective licenses under ss. 383.30
 1015  383.335, chapter 390, chapter 394, chapter 397, this chapter
 1016  except part X, chapter 429, chapter 463, chapter 465, chapter
 1017  466, chapter 478, part I of chapter 483, chapter 484, or chapter
 1018  651; end-stage renal disease providers authorized under 42
 1019  C.F.R. part 405, subpart U; providers certified under 42 C.F.R.
 1020  part 485, subpart B or subpart H; or any entity that provides
 1021  neonatal or pediatric hospital-based health care services or
 1022  other health care services by licensed practitioners solely
 1023  within a hospital licensed under chapter 395.
 1024         (b) Entities that own, directly or indirectly, entities
 1025  licensed or registered by the state pursuant to chapter 395;
 1026  entities that own, directly or indirectly, entities licensed or
 1027  registered by the state and providing only health care services
 1028  within the scope of services authorized pursuant to their
 1029  respective licenses under ss. 383.30-383.335, chapter 390,
 1030  chapter 394, chapter 397, this chapter except part X, chapter
 1031  429, chapter 463, chapter 465, chapter 466, chapter 478, part I
 1032  of chapter 483, chapter 484, or chapter 651; end-stage renal
 1033  disease providers authorized under 42 C.F.R. part 405, subpart
 1034  U; providers certified under 42 C.F.R. part 485, subpart B or
 1035  subpart H; or any entity that provides neonatal or pediatric
 1036  hospital-based health care services by licensed practitioners
 1037  solely within a hospital licensed under chapter 395.
 1038         (c) Entities that are owned, directly or indirectly, by an
 1039  entity licensed or registered by the state pursuant to chapter
 1040  395; entities that are owned, directly or indirectly, by an
 1041  entity licensed or registered by the state and providing only
 1042  health care services within the scope of services authorized
 1043  pursuant to their respective licenses under ss. 383.30-383.335,
 1044  chapter 390, chapter 394, chapter 397, this chapter except part
 1045  X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
 1046  478, part I of chapter 483, chapter 484, or chapter 651; end
 1047  stage renal disease providers authorized under 42 C.F.R. part
 1048  405, subpart U; providers certified under 42 C.F.R. part 485,
 1049  subpart B or subpart H; or any entity that provides neonatal or
 1050  pediatric hospital-based health care services by licensed
 1051  practitioners solely within a hospital under chapter 395.
 1052         (d) Entities that are under common ownership, directly or
 1053  indirectly, with an entity licensed or registered by the state
 1054  pursuant to chapter 395; entities that are under common
 1055  ownership, directly or indirectly, with an entity licensed or
 1056  registered by the state and providing only health care services
 1057  within the scope of services authorized pursuant to their
 1058  respective licenses under ss. 383.30-383.335, chapter 390,
 1059  chapter 394, chapter 397, this chapter except part X, chapter
 1060  429, chapter 463, chapter 465, chapter 466, chapter 478, part I
 1061  of chapter 483, chapter 484, or chapter 651; end-stage renal
 1062  disease providers authorized under 42 C.F.R. part 405, subpart
 1063  U; providers certified under 42 C.F.R. part 485, subpart B or
 1064  subpart H; or any entity that provides neonatal or pediatric
 1065  hospital-based health care services by licensed practitioners
 1066  solely within a hospital licensed under chapter 395.
 1067         (e) An entity that is exempt from federal taxation under 26
 1068  U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
 1069  under 26 U.S.C. s. 409 that has a board of trustees at least
 1070  two-thirds of which are Florida-licensed health care
 1071  practitioners and provides only physical therapy services under
 1072  physician orders, any community college or university clinic,
 1073  and any entity owned or operated by the federal or state
 1074  government, including agencies, subdivisions, or municipalities
 1075  thereof.
 1076         (f) A sole proprietorship, group practice, partnership, or
 1077  corporation that provides health care services by physicians
 1078  covered by s. 627.419, that is directly supervised by one or
 1079  more of such physicians, and that is wholly owned by one or more
 1080  of those physicians or by a physician and the spouse, parent,
 1081  child, or sibling of that physician.
 1082         (g) A sole proprietorship, group practice, partnership, or
 1083  corporation that provides health care services by licensed
 1084  health care practitioners under chapter 457, chapter 458,
 1085  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
 1086  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
 1087  chapter 490, chapter 491, or part I, part III, part X, part
 1088  XIII, or part XIV of chapter 468, or s. 464.012, and that is
 1089  wholly owned by one or more licensed health care practitioners,
 1090  or the licensed health care practitioners set forth in this
 1091  paragraph and the spouse, parent, child, or sibling of a
 1092  licensed health care practitioner if one of the owners who is a
 1093  licensed health care practitioner is supervising the business
 1094  activities and is legally responsible for the entity’s
 1095  compliance with all federal and state laws. However, a health
 1096  care practitioner may not supervise services beyond the scope of
 1097  the practitioner’s license, except that, for the purposes of
 1098  this part, a clinic owned by a licensee in s. 456.053(3)(b)
 1099  which provides only services authorized pursuant to s.
 1100  456.053(3)(b) may be supervised by a licensee specified in s.
 1101  456.053(3)(b).
 1102         (h) Clinical facilities affiliated with an accredited
 1103  medical school at which training is provided for medical
 1104  students, residents, or fellows.
 1105         (i) Entities that provide only oncology or radiation
 1106  therapy services by physicians licensed under chapter 458 or
 1107  chapter 459 or entities that provide oncology or radiation
 1108  therapy services by physicians licensed under chapter 458 or
 1109  chapter 459 which are owned by a corporation whose shares are
 1110  publicly traded on a recognized stock exchange.
 1111         (j) Clinical facilities affiliated with a college of
 1112  chiropractic accredited by the Council on Chiropractic Education
 1113  at which training is provided for chiropractic students.
 1114         (k) Entities that provide licensed practitioners to staff
 1115  emergency departments or to deliver anesthesia services in
 1116  facilities licensed under chapter 395 and that derive at least
 1117  90 percent of their gross annual revenues from the provision of
 1118  such services. Entities claiming an exemption from licensure
 1119  under this paragraph must provide documentation demonstrating
 1120  compliance.
 1121         (l) Orthotic or prosthetic clinical facilities that are a
 1122  publicly traded corporation or that are wholly owned, directly
 1123  or indirectly, by a publicly traded corporation. As used in this
 1124  paragraph, a publicly traded corporation is a corporation that
 1125  issues securities traded on an exchange registered with the
 1126  United States Securities and Exchange Commission as a national
 1127  securities exchange.
 1128         (m) Entities that are owned by a corporation that has $250
 1129  million or more in total annual sales of health care services
 1130  provided by licensed health care practitioners where one or more
 1131  of the owners is a health care practitioner who is licensed in
 1132  this state and who is responsible for supervising the business
 1133  activities of the entity and is legally responsible for the
 1134  entity’s compliance with state law for purposes of this part.
 1135         (n) Entities that employ 50 or more licensed health care
 1136  practitioners licensed under chapter 458 or chapter 459 where
 1137  the billing for medical services is under a single tax
 1138  identification number. The application for exemption under this
 1139  subsection must include shall contain information that includes:
 1140  the name, residence, and business address, and telephone phone
 1141  number of the entity that owns the practice; a complete list of
 1142  the names and contact information of all the officers and
 1143  directors of the corporation; the name, residence address,
 1144  business address, and medical license number of each licensed
 1145  Florida health care practitioner employed by the entity; the
 1146  corporate tax identification number of the entity seeking an
 1147  exemption; a list listing of health care services to be provided
 1148  by the entity at the health care clinics owned or operated by
 1149  the entity and a certified statement prepared by an independent
 1150  certified public accountant which states that the entity and the
 1151  health care clinics owned or operated by the entity have not
 1152  received payment for health care services related to a motor
 1153  vehicle accident injury under personal injury protection
 1154  insurance coverage for the preceding year. If the agency
 1155  determines that an entity that which is exempt under this
 1156  subsection has received payments for medical services related to
 1157  a motor vehicle accident injury under personal injury protection
 1158  insurance coverage, the agency may deny or revoke the exemption
 1159  from licensure under this subsection.
 1160  
 1161  Notwithstanding this subsection, an entity shall be deemed a
 1162  clinic and must be licensed under this part in order to receive
 1163  reimbursement under the Florida Motor Vehicle No-Fault Law, ss.
 1164  627.730-627.7405, unless exempted under s. 627.736(5)(h).
 1165         (7) “Motor vehicle accident injury” means accidental bodily
 1166  injury sustained while occupying a motor vehicle as defined in
 1167  s. 627.732 or, if the injured party is not an occupant of a
 1168  motor vehicle, an injury caused by physical contract with a
 1169  motor vehicle.
 1170         Section 33. Subsection (6) of section 400.991, Florida
 1171  Statutes, is amended to read:
 1172         400.991 License requirements; background screenings;
 1173  prohibitions.—
 1174         (6) All agency forms for licensure application or exemption
 1175  from licensure under this part must contain the following
 1176  statement:
 1177  
 1178         INSURANCE FRAUD NOTICE.—A person who knowingly submits
 1179         a false, misleading, or fraudulent application or
 1180         other document when applying for licensure as a health
 1181         care clinic, seeking an exemption from licensure as a
 1182         health care clinic, or demonstrating compliance with
 1183         part X of chapter 400, Florida Statutes, with the
 1184         intent to use the license, exemption from licensure,
 1185         or demonstration of compliance to provide services or
 1186         seek reimbursement related to a motor vehicle accident
 1187         injury under the Florida Motor Vehicle No-Fault Law,
 1188         commits a fraudulent insurance act, as defined in s.
 1189         626.989, Florida Statutes. A person who presents a
 1190         claim for personal injury protection benefits knowing
 1191         that the payee knowingly submitted such health care
 1192         clinic application or document, commits insurance
 1193         fraud, as defined in s. 817.234, Florida Statutes.
 1194  
 1195         Section 34. Paragraph (g) of subsection (1) of section
 1196  400.9935, Florida Statutes, is amended to read:
 1197         400.9935 Clinic responsibilities.—
 1198         (1) Each clinic shall appoint a medical director or clinic
 1199  director who shall agree in writing to accept legal
 1200  responsibility for the following activities on behalf of the
 1201  clinic. The medical director or the clinic director shall:
 1202         (g) Conduct systematic reviews of clinic billings to ensure
 1203  that the billings are not fraudulent or unlawful. Upon discovery
 1204  of an unlawful charge, the medical director or clinic director
 1205  shall take immediate corrective action. If the clinic performs
 1206  only the technical component of magnetic resonance imaging,
 1207  static radiographs, computed tomography, or positron emission
 1208  tomography, and provides the professional interpretation of such
 1209  services, in a fixed facility that is accredited by the Joint
 1210  Commission on Accreditation of Healthcare Organizations or the
 1211  Accreditation Association for Ambulatory Health Care, and the
 1212  American College of Radiology; and if, in the preceding quarter,
 1213  the percentage of scans performed by that clinic relating to a
 1214  motor vehicle accident injury which was billed to all personal
 1215  injury protection insurance carriers was less than 15 percent,
 1216  the chief financial officer of the clinic may, in a written
 1217  acknowledgment provided to the agency, assume the responsibility
 1218  for the conduct of the systematic reviews of clinic billings to
 1219  ensure that the billings are not fraudulent or unlawful.
 1220         Section 35. Subsection (28) of section 409.901, Florida
 1221  Statutes, is amended to read:
 1222         409.901 Definitions; ss. 409.901-409.920.—As used in ss.
 1223  409.901-409.920, except as otherwise specifically provided, the
 1224  term:
 1225         (28) “Third-party benefit” means any benefit that is or may
 1226  be available at any time through contract, court award,
 1227  judgment, settlement, agreement, or any arrangement between a
 1228  third party and any person or entity, including, without
 1229  limitation, a Medicaid recipient, a provider, another third
 1230  party, an insurer, or the agency, for any Medicaid-covered
 1231  injury, illness, goods, or services, including costs of medical
 1232  services related thereto, for bodily personal injury or for
 1233  death of the recipient, but specifically excluding policies of
 1234  life insurance policies on the recipient, unless available under
 1235  terms of the policy to pay medical expenses before prior to
 1236  death. The term includes, without limitation, collateral, as
 1237  defined in this section, health insurance, any benefit under a
 1238  health maintenance organization, a preferred provider
 1239  arrangement, a prepaid health clinic, liability insurance,
 1240  uninsured motorist insurance or personal injury protection
 1241  coverage, medical benefits under workers’ compensation, and any
 1242  obligation under law or equity to provide medical support.
 1243         Section 36. Paragraph (f) of subsection (11) of section
 1244  409.910, Florida Statutes, is amended to read:
 1245         409.910 Responsibility for payments on behalf of Medicaid
 1246  eligible persons when other parties are liable.—
 1247         (11) The agency may, as a matter of right, in order to
 1248  enforce its rights under this section, institute, intervene in,
 1249  or join any legal or administrative proceeding in its own name
 1250  in one or more of the following capacities: individually, as
 1251  subrogee of the recipient, as assignee of the recipient, or as
 1252  lienholder of the collateral.
 1253         (f) Notwithstanding any other provision in this section to
 1254  the contrary, if in the event of an action in tort against a
 1255  third party in which the recipient or his or her legal
 1256  representative is a party which results in a judgment, award, or
 1257  settlement from a third party, the amount recovered shall be
 1258  distributed as follows:
 1259         1. After attorney attorney’s fees and taxable costs as
 1260  defined by the Florida Rules of Civil Procedure, one-half of the
 1261  remaining recovery shall be paid to the agency up to the total
 1262  amount of medical assistance provided by Medicaid.
 1263         2. The remaining amount of the recovery shall be paid to
 1264  the recipient.
 1265         3. For purposes of calculating the agency’s recovery of
 1266  medical assistance benefits paid, the fee for services of an
 1267  attorney retained by the recipient or his or her legal
 1268  representative shall be calculated at 25 percent of the
 1269  judgment, award, or settlement.
 1270         4. Notwithstanding any other provision of this section to
 1271  the contrary, the agency is shall be entitled to all medical
 1272  coverage benefits up to the total amount of medical assistance
 1273  provided by Medicaid. For purposes of this paragraph, “medical
 1274  coverage” means any benefits under health insurance, a health
 1275  maintenance organization, a preferred provider arrangement, or a
 1276  prepaid health clinic, and the portion of benefits designated
 1277  for medical payments under coverage for workers’ compensation,
 1278  personal injury protection, and casualty.
 1279         Section 37. Paragraph (k) of subsection (2) of section
 1280  456.057, Florida Statutes, is amended to read:
 1281         456.057 Ownership and control of patient records; report or
 1282  copies of records to be furnished.—
 1283         (2) As used in this section, the terms “records owner,”
 1284  “health care practitioner,” and “health care practitioner’s
 1285  employer” do not include any of the following persons or
 1286  entities; furthermore, the following persons or entities are not
 1287  authorized to acquire or own medical records, but are authorized
 1288  under the confidentiality and disclosure requirements of this
 1289  section to maintain those documents required by the part or
 1290  chapter under which they are licensed or regulated:
 1291         (k) Persons or entities practicing under s. 627.736(7).
 1292         Section 38. Paragraphs (gg) through (nn) of subsection (1)
 1293  of section 456.072, Florida Statutes, are redesignated as
 1294  paragraphs (ee) through (ll), respectively, and paragraphs (ee)
 1295  and (ff) of that subsection are amended, to read:
 1296         456.072 Grounds for discipline; penalties; enforcement.—
 1297         (1) The following acts shall constitute grounds for which
 1298  the disciplinary actions specified in subsection (2) may be
 1299  taken:
 1300         (ee) With respect to making a personal injury protection
 1301  claim as required by s. 627.736, intentionally submitting a
 1302  claim, statement, or bill that has been “upcoded” as defined in
 1303  s. 627.732.
 1304         (ff)With respect to making a personal injury protection
 1305  claim as required by s. 627.736, intentionally submitting a
 1306  claim, statement, or bill for payment of services that were not
 1307  rendered.
 1308         Section 39. Paragraph (i) of subsection (1) of section
 1309  626.9541, Florida Statutes, is amended to read:
 1310         626.9541 Unfair methods of competition and unfair or
 1311  deceptive acts or practices defined.—
 1312         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
 1313  ACTS.—The following are defined as unfair methods of competition
 1314  and unfair or deceptive acts or practices:
 1315         (i) Unfair claim settlement practices.—
 1316         1. Attempting to settle claims on the basis of an
 1317  application, when serving as a binder or intended to become a
 1318  part of the policy, or any other material document that which
 1319  was altered without notice to, or knowledge or consent of, the
 1320  insured;
 1321         2. A material misrepresentation made to an insured or any
 1322  other person having an interest in the proceeds that are payable
 1323  under a such contract or policy, for the purpose and with the
 1324  intent of effecting settlement of such claims, loss, or damage
 1325  under such contract or policy on less favorable terms than those
 1326  provided in, and contemplated by, the such contract or policy;
 1327  or
 1328         3. Committing or performing with such frequency as to
 1329  indicate a general business practice any of the following:
 1330         a. Failing to adopt and implement standards for the proper
 1331  investigation of claims;
 1332         b. Misrepresenting pertinent facts or insurance policy
 1333  provisions relating to coverages at issue;
 1334         c. Failing to acknowledge and act promptly upon
 1335  communications with respect to claims;
 1336         d. Denying claims without conducting reasonable
 1337  investigations based upon available information;
 1338         e. Failing to affirm or deny full or partial coverage of
 1339  claims, and, as to partial coverage, the dollar amount or extent
 1340  of coverage, or failing to provide a written statement that the
 1341  claim is being investigated, upon the written request of the
 1342  insured, within 30 days after proof-of-loss statements have been
 1343  completed;
 1344         f. Failing to promptly provide a reasonable explanation in
 1345  writing to the insured of the basis in the insurance policy, in
 1346  relation to the facts or applicable law, for denial of a claim
 1347  or for the offer of a compromise settlement;
 1348         g. Failing to promptly notify the insured of any additional
 1349  information necessary for the processing of a claim; or
 1350         h. Failing to clearly explain the nature of the requested
 1351  information and the reasons why such information is necessary.
 1352         i. Failing to pay personal injury protection insurance
 1353  claims within the time periods required by s. 627.736(4)(b). The
 1354  office may order the insurer to pay restitution to a
 1355  policyholder, medical provider, or other claimant, including
 1356  interest at a rate consistent with the amount set forth in s.
 1357  55.03(1), for the time period within which an insurer fails to
 1358  pay claims as required by law. Restitution is in addition to any
 1359  other penalties allowed by law, including, but not limited to,
 1360  the suspension of the insurer’s certificate of authority.
 1361         4. Failing to pay undisputed amounts of partial or full
 1362  benefits owed under first-party property insurance policies
 1363  within 90 days after an insurer receives notice of a residential
 1364  property insurance claim, determines the amounts of partial or
 1365  full benefits, and agrees to coverage, unless payment of the
 1366  undisputed benefits is prevented by an act of God, prevented by
 1367  the impossibility of performance, or due to actions by the
 1368  insured or claimant which that constitute fraud, lack of
 1369  cooperation, or intentional misrepresentation regarding the
 1370  claim for which benefits are owed.
 1371         Section 40. Paragraph (a) of subsection (1) of section
 1372  626.989, Florida Statutes, is amended to read:
 1373         626.989 Investigation by department or Division of
 1374  Insurance Fraud; compliance; immunity; confidential information;
 1375  reports to division; division investigator’s power of arrest.—
 1376         (1) For the purposes of this section:
 1377         (a) A person commits a “fraudulent insurance act” if the
 1378  person:
 1379         1. Knowingly and with intent to defraud presents, causes to
 1380  be presented, or prepares with knowledge or belief that it will
 1381  be presented, to or by an insurer, self-insurer, self-insurance
 1382  fund, servicing corporation, purported insurer, broker, or any
 1383  agent thereof, any written statement as part of, or in support
 1384  of, an application for the issuance of, or the rating of, any
 1385  insurance policy, or a claim for payment or other benefit
 1386  pursuant to any insurance policy, which the person knows to
 1387  contain materially false information concerning any fact
 1388  material thereto or if the person conceals, for the purpose of
 1389  misleading another, information concerning any fact material
 1390  thereto.
 1391         2. Knowingly submits:
 1392         a. A false, misleading, or fraudulent application or other
 1393  document when applying for licensure as a health care clinic,
 1394  seeking an exemption from licensure as a health care clinic, or
 1395  demonstrating compliance with part X of chapter 400 with an
 1396  intent to use the license, exemption from licensure, or
 1397  demonstration of compliance to provide services or seek
 1398  reimbursement relating to a motor vehicle accident under the
 1399  Florida Motor Vehicle No-Fault Law.
 1400         b. A claim for payment or other benefit relating to a motor
 1401  vehicle accident pursuant to a personal injury protection
 1402  insurance policy under the Florida Motor Vehicle No-Fault Law if
 1403  the person knows that the payee knowingly submitted a false,
 1404  misleading, or fraudulent application or other document when
 1405  applying for licensure as a health care clinic, seeking an
 1406  exemption from licensure as a health care clinic, or
 1407  demonstrating compliance with part X of chapter 400.
 1408         Section 41. Paragraph (a) of subsection (4) of section
 1409  626.9895, Florida Statutes, is amended to read:
 1410         626.9895 Motor vehicle insurance fraud direct-support
 1411  organization.—
 1412         (4) BOARD OF DIRECTORS.—
 1413         (a) The board of directors of the organization consists
 1414  shall consist of the following 11 members:
 1415         1. The Chief Financial Officer, or designee, who serves
 1416  shall serve as chair.
 1417         2. Two state attorneys, one of whom shall be appointed by
 1418  the Chief Financial Officer and the other one of whom shall be
 1419  appointed by the Attorney General.
 1420         3. Two representatives of motor vehicle insurers appointed
 1421  by the Chief Financial Officer.
 1422         4. Two representatives of local law enforcement agencies,
 1423  one of whom shall be appointed by the Chief Financial Officer
 1424  and the other one of whom shall be appointed by the Attorney
 1425  General.
 1426         5. Two representatives of the types of health care
 1427  providers who regularly make claims for benefits related to
 1428  motor vehicle accidents under ss. 627.730-627.7405, one of whom
 1429  shall be appointed by the President of the Senate and the other
 1430  one of whom shall be appointed by the Speaker of the House of
 1431  Representatives. The appointees may not represent the same type
 1432  of health care provider.
 1433         6. A private attorney who has experience in representing
 1434  claimants in motor vehicle tort claims, actions for benefits
 1435  under ss. 627.730-627.7405, who shall be appointed by the
 1436  President of the Senate.
 1437         7. A private attorney who has experience in representing
 1438  insurers in motor vehicle tort claims, actions for benefits
 1439  under ss. 627.730-627.7405, who shall be appointed by the
 1440  Speaker of the House of Representatives.
 1441         Section 42. Subsection (1) of section 627.06501, Florida
 1442  Statutes, is amended to read:
 1443         627.06501 Insurance discounts for certain persons
 1444  completing driver improvement course.—
 1445         (1) Any rate, rating schedule, or rating manual for the
 1446  liability, personal injury protection, and collision coverages
 1447  of a motor vehicle insurance policy filed with the office may
 1448  provide for an appropriate reduction in premium charges as to
 1449  such coverages if when the principal operator on the covered
 1450  vehicle has successfully completed a driver improvement course
 1451  approved and certified by the Department of Highway Safety and
 1452  Motor Vehicles which is effective in reducing crash or violation
 1453  rates, or both, as determined pursuant to s. 318.1451(5). Any
 1454  discount, not to exceed 10 percent, used by an insurer is
 1455  presumed to be appropriate unless credible data demonstrates
 1456  otherwise.
 1457         Section 43. Subsection (1) of section 627.0652, Florida
 1458  Statutes, is amended to read:
 1459         627.0652 Insurance discounts for certain persons completing
 1460  safety course.—
 1461         (1) Any rates, rating schedules, or rating manuals for the
 1462  liability, personal injury protection, and collision coverages
 1463  of a motor vehicle insurance policy filed with the office must
 1464  shall provide for an appropriate reduction in premium charges as
 1465  to such coverages if when the principal operator on the covered
 1466  vehicle is an insured 55 years of age or older who has
 1467  successfully completed a motor vehicle accident prevention
 1468  course approved by the Department of Highway Safety and Motor
 1469  Vehicles. Any discount used by an insurer is presumed to be
 1470  appropriate unless credible data demonstrates otherwise.
 1471         Section 44. Subsections (1) and (3) of section 627.0653,
 1472  Florida Statutes, are amended to read:
 1473         627.0653 Insurance discounts for specified motor vehicle
 1474  equipment.—
 1475         (1) Any rates, rating schedules, or rating manuals for the
 1476  liability, personal injury protection, and collision coverages
 1477  of a motor vehicle insurance policy filed with the office must
 1478  shall provide a premium discount if the insured vehicle is
 1479  equipped with factory-installed, four-wheel antilock brakes.
 1480         (3) Any rates, rating schedules, or rating manuals for
 1481  personal injury protection coverage and medical payments
 1482  coverage, if offered, of a motor vehicle insurance policy filed
 1483  with the office must shall provide a premium discount if the
 1484  insured vehicle is equipped with one or more air bags which are
 1485  factory installed.
 1486         Section 45. Section 627.4132, Florida Statutes, is amended
 1487  to read:
 1488         627.4132 Stacking of coverages prohibited.—If an insured or
 1489  named insured is protected by any type of motor vehicle
 1490  insurance policy for liability, personal injury protection, or
 1491  other coverage, the policy must shall provide that the insured
 1492  or named insured is protected only to the extent of the coverage
 1493  she or he has on the vehicle involved in the accident. However,
 1494  if none of the insured’s or named insured’s vehicles is involved
 1495  in the accident, coverage is available only to the extent of
 1496  coverage on any one of the vehicles with applicable coverage.
 1497  Coverage on any other vehicles may shall not be added to or
 1498  stacked onto upon that coverage. This section does not apply:
 1499         (1) To uninsured motorist coverage, which is separately
 1500  governed by s. 627.727.
 1501         (2) To reduce the coverage available by reason of insurance
 1502  policies insuring different named insureds.
 1503         Section 46. Subsection (6) of section 627.6482, Florida
 1504  Statutes, is amended to read:
 1505         627.6482 Definitions.—As used in ss. 627.648-627.6498, the
 1506  term:
 1507         (6) “Health insurance” means any hospital and medical
 1508  expense incurred policy, minimum premium plan, stop-loss
 1509  coverage, health maintenance organization contract, prepaid
 1510  health clinic contract, multiple-employer welfare arrangement
 1511  contract, or fraternal benefit society health benefits contract,
 1512  whether sold as an individual or group policy or contract. The
 1513  term does not include a any policy covering medical payment
 1514  coverage or bodily personal injury liability protection coverage
 1515  in a motor vehicle policy, coverage issued as a supplement to
 1516  liability insurance, or workers’ compensation.
 1517         Section 47. Section 627.7263, Florida Statutes, is amended
 1518  to read:
 1519         627.7263 Rental and leasing driver’s insurance to be
 1520  primary; exception.—
 1521         (1) The Valid and collectible liability insurance or
 1522  personal injury protection insurance providing coverage for the
 1523  lessor of a motor vehicle for rent or lease is primary unless
 1524  otherwise stated in at least 10-point type on the face of the
 1525  rental or lease agreement. Such insurance is primary for the
 1526  limits of liability required under s. 324.021(7) and personal
 1527  injury protection coverage as required by ss. 324.021(7) and
 1528  627.736.
 1529         (2) If the lessee’s coverage is to be primary, the rental
 1530  or lease agreement must contain the following language, in at
 1531  least 10-point type:
 1532  
 1533         “The valid and collectible liability insurance and
 1534         personal injury protection insurance of an any
 1535         authorized rental or leasing driver is primary for the
 1536         limits of liability and personal injury protection
 1537         coverage required under s. by ss. 324.021(7) and
 1538         627.736, Florida Statutes.”
 1539         Section 48. Subsections (8) through (10) of section
 1540  627.727, Florida Statutes, are renumbered as subsections (7)
 1541  through (9), respectively, and subsection (1) and present
 1542  subsection (7) of that section are amended, to read:
 1543         627.727 Motor vehicle insurance; uninsured and underinsured
 1544  vehicle coverage; insolvent insurer protection.—
 1545         (1) No motor vehicle liability insurance policy which
 1546  provides bodily injury liability coverage shall be delivered or
 1547  issued for delivery in this state with respect to any
 1548  specifically insured or identified motor vehicle registered or
 1549  principally garaged in this state unless uninsured motor vehicle
 1550  coverage is provided therein or supplemental thereto for the
 1551  protection of persons insured thereunder who are legally
 1552  entitled to recover damages from owners or operators of
 1553  uninsured motor vehicles because of bodily injury, sickness, or
 1554  disease, including death, resulting therefrom. However, the
 1555  coverage required under this section is not applicable if when,
 1556  or to the extent that, an insured named in the policy makes a
 1557  written rejection of the coverage on behalf of all insureds
 1558  under the policy. If When a motor vehicle is leased for a period
 1559  of 1 year or longer and the lessor of such vehicle, by the terms
 1560  of the lease contract, provides liability coverage on the leased
 1561  vehicle, the lessee of such vehicle shall have the sole
 1562  privilege to reject uninsured motorist coverage or to select
 1563  lower limits than the bodily injury liability limits, regardless
 1564  of whether the lessor is qualified as a self-insurer pursuant to
 1565  s. 324.171. Unless an insured, or lessee having the privilege of
 1566  rejecting uninsured motorist coverage, requests such coverage or
 1567  requests higher uninsured motorist limits in writing, the
 1568  coverage or such higher uninsured motorist limits need not be
 1569  provided in or supplemental to any other policy that which
 1570  renews, extends, changes, supersedes, or replaces an existing
 1571  policy with the same bodily injury liability limits if when an
 1572  insured or lessee had rejected the coverage. If When an insured
 1573  or lessee has initially selected limits of uninsured motorist
 1574  coverage lower than her or his bodily injury liability limits,
 1575  higher limits of uninsured motorist coverage need not be
 1576  provided in or supplemental to any other policy that which
 1577  renews, extends, changes, supersedes, or replaces an existing
 1578  policy with the same bodily injury liability limits unless an
 1579  insured requests higher uninsured motorist coverage in writing.
 1580  The rejection or selection of lower limits shall be made on a
 1581  form approved by the office. The form must shall fully advise
 1582  the applicant of the nature of the coverage and shall state that
 1583  the coverage is equal to bodily injury liability limits unless
 1584  lower limits are requested or the coverage is rejected. The
 1585  heading of the form shall be in 12-point bold type and shall
 1586  state: “You are electing not to purchase certain valuable
 1587  coverage that which protects you and your family or you are
 1588  purchasing uninsured motorist limits less than your bodily
 1589  injury liability limits when you sign this form. Please read
 1590  carefully.” If this form is signed by a named insured, it will
 1591  be conclusively presumed that there was an informed, knowing
 1592  rejection of coverage or election of lower limits on behalf of
 1593  all insureds. The insurer shall notify the named insured at
 1594  least annually of her or his options as to the coverage required
 1595  by this section. Such notice must shall be part of, and attached
 1596  to, the notice of premium, must shall provide for a means to
 1597  allow the insured to request such coverage, and must shall be
 1598  given in a manner approved by the office. Receipt of this notice
 1599  does not constitute an affirmative waiver of the insured’s right
 1600  to uninsured motorist coverage if where the insured has not
 1601  signed a selection or rejection form. The coverage described
 1602  under this section is shall be over and above, but may shall not
 1603  duplicate, the benefits available to an insured under any
 1604  workers’ compensation law, personal injury protection benefits,
 1605  disability benefits law, or similar law; under any automobile
 1606  medical expense coverage; under any motor vehicle liability
 1607  insurance coverage; or from the owner or operator of the
 1608  uninsured motor vehicle or any other person or organization
 1609  jointly or severally liable together with such owner or operator
 1610  for the accident; and such coverage must shall cover the
 1611  difference, if any, between the sum of such benefits and the
 1612  damages sustained, up to the maximum amount of such coverage
 1613  provided under this section. The amount of coverage available
 1614  under this section may shall not be reduced by a setoff against
 1615  any coverage, including liability insurance. Such coverage does
 1616  shall not inure, directly or indirectly, to the benefit of any
 1617  workers’ compensation or disability benefits carrier or any
 1618  person or organization qualifying as a self-insurer under any
 1619  workers’ compensation or disability benefits law or similar law.
 1620         (7) The legal liability of an uninsured motorist coverage
 1621  insurer does not include damages in tort for pain, suffering,
 1622  mental anguish, and inconvenience unless the injury or disease
 1623  is described in one or more of paragraphs (a)-(d) of s.
 1624  627.737(2).
 1625         Section 49. Subsection (1) and paragraph (a) of subsection
 1626  (2) of section 627.7275, Florida Statutes, are amended to read:
 1627         627.7275 Motor vehicle liability.—
 1628         (1) A motor vehicle insurance policy providing personal
 1629  injury protection as set forth in s. 627.736 may not be
 1630  delivered or issued for delivery in this state for a with
 1631  respect to any specifically insured or identified motor vehicle
 1632  registered or principally garaged in this state must provide
 1633  unless the policy also provides coverage for property damage
 1634  liability and bodily injury liability as required under by s.
 1635  324.022.
 1636         (2)(a) Insurers writing motor vehicle insurance in this
 1637  state shall make available, subject to the insurers’ usual
 1638  underwriting restrictions:
 1639         1. Coverage under policies as described in subsection (1)
 1640  to any applicant for private passenger motor vehicle insurance
 1641  coverage who is seeking the coverage in order to reinstate the
 1642  applicant’s driving privileges in this state if when the driving
 1643  privileges were revoked or suspended pursuant to s. 316.646 or
 1644  s. 324.0221 due to the failure of the applicant to maintain
 1645  required security.
 1646         2. Coverage under policies as described in subsection (1),
 1647  which also provides bodily injury liability coverage and
 1648  property damage liability coverage for bodily injury, death, and
 1649  property damage arising out of the ownership, maintenance, or
 1650  use of the motor vehicle in an amount not less than the limits
 1651  described in s. 324.021(7) and conforms to the requirements of
 1652  s. 324.151, to any applicant for private passenger motor vehicle
 1653  insurance coverage who is seeking the coverage in order to
 1654  reinstate the applicant’s driving privileges in this state after
 1655  such privileges were revoked or suspended under s. 316.193 or s.
 1656  322.26(2) for driving under the influence.
 1657         Section 50. Paragraph (a) of subsection (1) of section
 1658  627.728, Florida Statutes, is amended to read:
 1659         627.728 Cancellations; nonrenewals.—
 1660         (1) As used in this section, the term:
 1661         (a) “Policy” means the bodily injury and property damage
 1662  liability, personal injury protection, medical payments,
 1663  comprehensive, collision, and uninsured motorist coverage
 1664  portions of a policy of motor vehicle insurance delivered or
 1665  issued for delivery in this state:
 1666         1. Insuring a natural person as named insured or one or
 1667  more related individuals who are residents resident of the same
 1668  household; and
 1669         2. Insuring only a motor vehicle of the private passenger
 1670  type or station wagon type which is not used as a public or
 1671  livery conveyance for passengers or rented to others; or
 1672  insuring any other four-wheel motor vehicle having a load
 1673  capacity of 1,500 pounds or less which is not used in the
 1674  occupation, profession, or business of the insured other than
 1675  farming; other than any policy issued under an automobile
 1676  insurance assigned risk plan; insuring more than four
 1677  automobiles; or covering garage, automobile sales agency, repair
 1678  shop, service station, or public parking place operation
 1679  hazards.
 1680  
 1681  The term “policy” does not include a binder as defined in s.
 1682  627.420 unless the duration of the binder period exceeds 60
 1683  days.
 1684         Section 51. Paragraphs (a) and (b) of subsection (1),
 1685  paragraph (a) of subsection (5), and subsection (7) of section
 1686  627.7295, Florida Statutes, are amended to read:
 1687         627.7295 Motor vehicle insurance contracts.—
 1688         (1) As used in this section, the term:
 1689         (a) “Policy” means a motor vehicle insurance policy that
 1690  provides bodily injury liability personal injury protection
 1691  coverage, property damage liability coverage, or both.
 1692         (b) “Binder” means a binder that provides motor vehicle
 1693  bodily injury liability personal injury protection and property
 1694  damage liability coverage.
 1695         (5)(a) A licensed general lines agent may charge a per
 1696  policy fee of up to not to exceed $10 to cover the agent’s
 1697  administrative costs of the agent associated with selling the
 1698  motor vehicle insurance policy if the policy covers only bodily
 1699  injury liability personal injury protection coverage as provided
 1700  by s. 627.736 and property damage liability coverage as provided
 1701  by s. 627.7275 and if no other insurance is sold or issued in
 1702  conjunction with or collateral to the policy. The fee is not
 1703  considered part of the premium.
 1704         (7) A policy of private passenger motor vehicle insurance
 1705  or a binder for such a policy may be initially issued in this
 1706  state only if, before the effective date of such binder or
 1707  policy, the insurer or agent has collected from the insured an
 1708  amount equal to 2 months’ premium from the insured. An insurer,
 1709  agent, or premium finance company may not, directly or
 1710  indirectly, take any action that results resulting in the
 1711  insured paying having paid from the insured’s own funds an
 1712  amount less than the 2 months’ premium required by this
 1713  subsection. This subsection applies without regard to whether
 1714  the premium is financed by a premium finance company or is paid
 1715  pursuant to a periodic payment plan of an insurer or an
 1716  insurance agent.
 1717         (a) This subsection does not apply:
 1718         1. If an insured or member of the insured’s family is
 1719  renewing or replacing a policy or a binder for such policy
 1720  written by the same insurer or a member of the same insurer
 1721  group;. This subsection does not apply
 1722         2. To an insurer that issues private passenger motor
 1723  vehicle coverage primarily to active duty or former military
 1724  personnel or their dependents; or. This subsection does not
 1725  apply
 1726         3. If all policy payments are paid pursuant to a payroll
 1727  deduction plan or an automatic electronic funds transfer payment
 1728  plan from the policyholder.
 1729         (b) This subsection and subsection (4) do not apply if:
 1730         1. All policy payments to an insurer are paid pursuant to
 1731  an automatic electronic funds transfer payment plan from an
 1732  agent, a managing general agent, or a premium finance company
 1733  and if the policy includes, at a minimum, bodily injury
 1734  liability and personal injury protection pursuant to ss.
 1735  627.730-627.7405; motor vehicle property damage liability
 1736  pursuant to s. 627.7275; or and bodily injury liability in at
 1737  least the amount of $10,000 because of bodily injury to, or
 1738  death of, one person in any one accident and in the amount of
 1739  $20,000 because of bodily injury to, or death of, two or more
 1740  persons in any one accident. This subsection and subsection (4)
 1741  do not apply if
 1742         2. An insured has had a policy in effect for at least 6
 1743  months, the insured’s agent is terminated by the insurer that
 1744  issued the policy, and the insured obtains coverage on the
 1745  policy’s renewal date with a new company through the terminated
 1746  agent.
 1747         Section 52. Section 627.8405, Florida Statutes, is amended
 1748  to read:
 1749         627.8405 Prohibited acts; financing companies.—A No premium
 1750  finance company shall, in a premium finance agreement or other
 1751  agreement, may not finance the cost of or otherwise provide for
 1752  the collection or remittance of dues, assessments, fees, or
 1753  other periodic payments of money for the cost of:
 1754         (1) A membership in an automobile club. The term
 1755  “automobile club” means a legal entity that which, in
 1756  consideration of dues, assessments, or periodic payments of
 1757  money, promises its members or subscribers to assist them in
 1758  matters relating to the ownership, operation, use, or
 1759  maintenance of a motor vehicle; however, the term this
 1760  definition of “automobile club” does not include persons,
 1761  associations, or corporations that which are organized and
 1762  operated solely for the purpose of conducting, sponsoring, or
 1763  sanctioning motor vehicle races, exhibitions, or contests upon
 1764  racetracks, or upon racecourses established and marked as such
 1765  for the duration of such particular events. The term words
 1766  “motor vehicle” has used herein have the same meaning as
 1767  provided defined in chapter 320.
 1768         (2) An accidental death and dismemberment policy sold in
 1769  combination with a bodily injury liability personal injury
 1770  protection and property-damage-only property damage only policy.
 1771         (3) Any product not regulated under the provisions of this
 1772  insurance code.
 1773  
 1774  This section also applies to premium financing by any insurance
 1775  agent or insurance company under part XVI. The commission shall
 1776  adopt rules to assure disclosure, at the time of sale, of
 1777  coverages financed with bodily injury liability coverage
 1778  personal injury protection and shall prescribe the form of such
 1779  disclosure.
 1780         Section 53. Subsection (1) of section 627.915, Florida
 1781  Statutes, is amended to read:
 1782         627.915 Insurer experience reporting.—
 1783         (1) Each insurer transacting private passenger automobile
 1784  insurance in this state shall report certain information
 1785  annually to the office. The information is will be due on or
 1786  before July 1 of each year. The information shall be divided
 1787  into the following categories: bodily injury liability; property
 1788  damage liability; uninsured motorist; personal injury protection
 1789  benefits; medical payments; comprehensive and collision. The
 1790  information must given shall be on direct insurance writings in
 1791  the state alone and shall represent total limits data. The
 1792  information set forth in paragraphs (a)-(f) is applicable to
 1793  voluntary private passenger and Joint Underwriting Association
 1794  private passenger writings and shall be reported for each of the
 1795  latest 3 calendar-accident years, with an evaluation date of
 1796  March 31 of the current year. The information set forth in
 1797  paragraphs (g)-(j) is applicable to voluntary private passenger
 1798  writings and shall be reported on a calendar-accident year basis
 1799  ultimately seven times at seven different stages of development.
 1800         (a) Premiums earned for the latest 3 calendar-accident
 1801  years.
 1802         (b) Loss development factors and the historic development
 1803  of those factors.
 1804         (c) Policyholder dividends incurred.
 1805         (d) Expenses for other acquisition and general expense.
 1806         (e) Expenses for agents’ commissions and taxes, licenses,
 1807  and fees.
 1808         (f) Profit and contingency factors as utilized in the
 1809  insurer’s automobile rate filings for the applicable years.
 1810         (g) Losses paid.
 1811         (h) Losses unpaid.
 1812         (i) Loss adjustment expenses paid.
 1813         (j) Loss adjustment expenses unpaid.
 1814         Section 54. Present paragraph (e) of subsection (2) of
 1815  section 628.909, Florida Statutes, is redesignated as paragraph
 1816  (d), present paragraph (d) of that subsection is amended,
 1817  present paragraph (e) of subsection (3) of that section is
 1818  redesignated as paragraph (d), and present paragraph (d) of that
 1819  subsection is amended, to read:
 1820         628.909 Applicability of other laws.—
 1821         (2) The following provisions of the Florida Insurance Code
 1822  apply to captive insurers who are not industrial insured captive
 1823  insurers to the extent that such provisions are not inconsistent
 1824  with this part:
 1825         (d) Sections 627.730-627.7405, when no-fault coverage is
 1826  provided.
 1827         (3) The following provisions of the Florida Insurance Code
 1828  apply to industrial insured captive insurers to the extent that
 1829  such provisions are not inconsistent with this part:
 1830         (d) Sections 627.730-627.7405 when no-fault coverage is
 1831  provided.
 1832         Section 55. Subsections (2), (6), and (7) of section
 1833  705.184, Florida Statutes, are amended to read:
 1834         705.184 Derelict or abandoned motor vehicles on the
 1835  premises of public-use airports.—
 1836         (2) The airport director or the director’s designee shall
 1837  contact the Department of Highway Safety and Motor Vehicles to
 1838  notify that department that the airport has possession of the
 1839  abandoned or derelict motor vehicle and to determine the name
 1840  and address of the owner of the motor vehicle, the insurance
 1841  company insuring the motor vehicle, notwithstanding the
 1842  provisions of s. 627.736, and any person who has filed a lien on
 1843  the motor vehicle. Within 7 business days after receipt of the
 1844  information, the director or the director’s designee shall send
 1845  notice by certified mail, return receipt requested, to the owner
 1846  of the motor vehicle, the insurance company insuring the motor
 1847  vehicle, notwithstanding the provisions of s. 627.736, and all
 1848  persons of record claiming a lien against the motor vehicle. The
 1849  notice shall state the fact of possession of the motor vehicle,
 1850  that charges for reasonable towing, storage, and parking fees,
 1851  if any, have accrued and the amount thereof, that a lien as
 1852  provided in subsection (6) will be claimed, that the lien is
 1853  subject to enforcement pursuant to law, that the owner or
 1854  lienholder, if any, has the right to a hearing as set forth in
 1855  subsection (4), and that any motor vehicle which, at the end of
 1856  30 calendar days after receipt of the notice, has not been
 1857  removed from the airport upon payment in full of all accrued
 1858  charges for reasonable towing, storage, and parking fees, if
 1859  any, may be disposed of as provided in s. 705.182(2)(a), (b),
 1860  (d), or (e), including, but not limited to, the motor vehicle
 1861  being sold free of all prior liens after 35 calendar days after
 1862  the time the motor vehicle is stored if any prior liens on the
 1863  motor vehicle are more than 5 years of age or after 50 calendar
 1864  days after the time the motor vehicle is stored if any prior
 1865  liens on the motor vehicle are 5 years of age or less.
 1866         (6) The airport pursuant to this section or, if used, a
 1867  licensed independent wrecker company pursuant to s. 713.78 shall
 1868  have a lien on an abandoned or derelict motor vehicle for all
 1869  reasonable towing, storage, and accrued parking fees, if any,
 1870  except that no storage fee shall be charged if the motor vehicle
 1871  is stored less than 6 hours. As a prerequisite to perfecting a
 1872  lien under this section, the airport director or the director’s
 1873  designee must serve a notice in accordance with subsection (2)
 1874  on the owner of the motor vehicle, the insurance company
 1875  insuring the motor vehicle, notwithstanding the provisions of s.
 1876  627.736, and all persons of record claiming a lien against the
 1877  motor vehicle. If attempts to notify the owner, the insurance
 1878  company insuring the motor vehicle, notwithstanding the
 1879  provisions of s. 627.736, or lienholders are not successful, the
 1880  requirement of notice by mail shall be considered met. Serving
 1881  of the notice does not dispense with recording the claim of
 1882  lien.
 1883         (7)(a) For the purpose of perfecting its lien under this
 1884  section, the airport shall record a claim of lien which states
 1885  shall state:
 1886         1. The name and address of the airport.
 1887         2. The name of the owner of the motor vehicle, the
 1888  insurance company insuring the motor vehicle, notwithstanding
 1889  the provisions of s. 627.736, and all persons of record claiming
 1890  a lien against the motor vehicle.
 1891         3. The costs incurred from reasonable towing, storage, and
 1892  parking fees, if any.
 1893         4. A description of the motor vehicle sufficient for
 1894  identification.
 1895         (b) The claim of lien shall be signed and sworn to or
 1896  affirmed by the airport director or the director’s designee.
 1897         (c) The claim of lien is shall be sufficient if it is in
 1898  substantially the following form:
 1899  
 1900                            CLAIM OF LIEN                          
 1901  State of ........
 1902  County of ........
 1903  Before me, the undersigned notary public, personally appeared
 1904  ........, who was duly sworn and says that he/she is the
 1905  ........ of ............, whose address is........; and that the
 1906  following described motor vehicle:
 1907  ...(Description of motor vehicle)...
 1908  owned by ........, whose address is ........, has accrued
 1909  $........ in fees for a reasonable tow, for storage, and for
 1910  parking, if applicable; that the lienor served its notice to the
 1911  owner, the insurance company insuring the motor vehicle
 1912  notwithstanding the provisions of s. 627.736, Florida Statutes,
 1913  and all persons of record claiming a lien against the motor
 1914  vehicle on ...., ...(year)..., by.........
 1915  ...(Signature)...
 1916  Sworn to (or affirmed) and subscribed before me this .... day of
 1917  ...., ...(year)..., by ...(name of person making statement)....
 1918  ...(Signature of Notary Public)......(Print, Type, or Stamp
 1919  Commissioned name of Notary Public)...
 1920  Personally Known....OR Produced....as identification.
 1921  
 1922  However, the negligent inclusion or omission of any information
 1923  in this claim of lien which does not prejudice the owner does
 1924  not constitute a default that operates to defeat an otherwise
 1925  valid lien.
 1926         (d) The claim of lien shall be served on the owner of the
 1927  motor vehicle, the insurance company insuring the motor vehicle,
 1928  notwithstanding the provisions of s. 627.736, and all persons of
 1929  record claiming a lien against the motor vehicle. If attempts to
 1930  notify the owner, the insurance company insuring the motor
 1931  vehicle notwithstanding the provisions of s. 627.736, or
 1932  lienholders are not successful, the requirement of notice by
 1933  mail shall be considered met. The claim of lien shall be so
 1934  served before recordation.
 1935         (e) The claim of lien shall be recorded with the clerk of
 1936  court in the county where the airport is located. The recording
 1937  of the claim of lien shall be constructive notice to all persons
 1938  of the contents and effect of such claim. The lien shall attach
 1939  at the time of recordation and shall take priority as of that
 1940  time.
 1941         Section 56. Subsection (4) of section 713.78, Florida
 1942  Statutes, is amended to read:
 1943         713.78 Liens for recovering, towing, or storing vehicles
 1944  and vessels.—
 1945         (4)(a) Any person regularly engaged in the business of
 1946  recovering, towing, or storing vehicles or vessels who comes
 1947  into possession of a vehicle or vessel pursuant to subsection
 1948  (2), and who claims a lien for recovery, towing, or storage
 1949  services, shall give notice to the registered owner, the
 1950  insurance company insuring the vehicle notwithstanding the
 1951  provisions of s. 627.736, and to all persons claiming a lien
 1952  thereon, as disclosed by the records in the Department of
 1953  Highway Safety and Motor Vehicles or of a corresponding agency
 1954  in any other state.
 1955         (b) If a Whenever any law enforcement agency authorizes the
 1956  removal of a vehicle or vessel or if a whenever any towing
 1957  service, garage, repair shop, or automotive service, storage, or
 1958  parking place notifies the law enforcement agency of possession
 1959  of a vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
 1960  enforcement agency of the jurisdiction where the vehicle or
 1961  vessel is stored shall contact the Department of Highway Safety
 1962  and Motor Vehicles, or the appropriate agency of the state of
 1963  registration, if known, within 24 hours through the medium of
 1964  electronic communications, giving the full description of the
 1965  vehicle or vessel. Upon receipt of the full description of the
 1966  vehicle or vessel, the department shall search its files to
 1967  determine the owner’s name, the insurance company insuring the
 1968  vehicle or vessel, and whether any person has filed a lien upon
 1969  the vehicle or vessel as provided in s. 319.27(2) and (3) and
 1970  notify the applicable law enforcement agency within 72 hours.
 1971  The person in charge of the towing service, garage, repair shop,
 1972  or automotive service, storage, or parking place shall obtain
 1973  such information from the applicable law enforcement agency
 1974  within 5 days after the date of storage and shall give notice
 1975  pursuant to paragraph (a). The department may release the
 1976  insurance company information to the requestor notwithstanding
 1977  the provisions of s. 627.736.
 1978         (c) Notice by certified mail shall be sent within 7
 1979  business days after the date of storage of the vehicle or vessel
 1980  to the registered owner, the insurance company insuring the
 1981  vehicle notwithstanding the provisions of s. 627.736, and all
 1982  persons of record claiming a lien against the vehicle or vessel.
 1983  The notice must It shall state the fact of possession of the
 1984  vehicle or vessel, that a lien as provided in subsection (2) is
 1985  claimed, that charges have accrued and the amount thereof, that
 1986  the lien is subject to enforcement pursuant to law, and that the
 1987  owner or lienholder, if any, has the right to a hearing as set
 1988  forth in subsection (5), and that any vehicle or vessel which
 1989  remains unclaimed, or for which the charges for recovery,
 1990  towing, or storage services remain unpaid, may be sold free of
 1991  all prior liens after 35 days if the vehicle or vessel is more
 1992  than 3 years of age or after 50 days if the vehicle or vessel is
 1993  3 years of age or less.
 1994         (d) If attempts to locate the name and address of the owner
 1995  or lienholder prove unsuccessful, the towing-storage operator
 1996  shall, after 7 working days, excluding Saturday and Sunday, of
 1997  the initial tow or storage, notify the public agency of
 1998  jurisdiction where the vehicle or vessel is stored in writing by
 1999  certified mail or acknowledged hand delivery that the towing
 2000  storage company has been unable to locate the name and address
 2001  of the owner or lienholder and a physical search of the vehicle
 2002  or vessel has disclosed no ownership information and a good
 2003  faith effort has been made. As used in For purposes of this
 2004  paragraph and subsection (9), the term “good faith effort” means
 2005  that the following checks have been performed by the company to
 2006  establish prior state of registration and for title:
 2007         1. Check of vehicle or vessel for any type of tag, tag
 2008  record, temporary tag, or regular tag.
 2009         2. Check of law enforcement report for tag number or other
 2010  information identifying the vehicle or vessel, if the vehicle or
 2011  vessel was towed at the request of a law enforcement officer.
 2012         3. Check of trip sheet or tow ticket of tow truck operator
 2013  to see if a tag was on vehicle or vessel at beginning of tow, if
 2014  private tow.
 2015         4. If there is no address of the owner on the impound
 2016  report, check of law enforcement report to see if an out-of
 2017  state address is indicated from driver license information.
 2018         5. Check of vehicle or vessel for inspection sticker or
 2019  other stickers and decals that may indicate a state of possible
 2020  registration.
 2021         6. Check of the interior of the vehicle or vessel for any
 2022  papers that may be in the glove box, trunk, or other areas for a
 2023  state of registration.
 2024         7. Check of vehicle for vehicle identification number.
 2025         8. Check of vessel for vessel registration number.
 2026         9. Check of vessel hull for a hull identification number,
 2027  which should be carved, burned, stamped, embossed, or otherwise
 2028  permanently affixed to the outboard side of the transom or, if
 2029  there is no transom, to the outmost seaboard side at the end of
 2030  the hull that bears the rudder or other steering mechanism.
 2031         Section 57. Paragraph (a) of subsection (1), paragraph (c)
 2032  of subsection (7), paragraphs (a) through (c) of subsection (8),
 2033  and subsections (9) and (10) of section 817.234, Florida
 2034  Statutes, are amended to read:
 2035         817.234 False and fraudulent insurance claims.—
 2036         (1)(a) A person commits insurance fraud punishable as
 2037  provided in subsection (11) if that person, with the intent to
 2038  injure, defraud, or deceive any insurer:
 2039         1. Presents or causes to be presented any written or oral
 2040  statement as part of, or in support of, a claim for payment or
 2041  other benefit pursuant to an insurance policy or a health
 2042  maintenance organization subscriber or provider contract,
 2043  knowing that such statement contains any false, incomplete, or
 2044  misleading information concerning any fact or thing material to
 2045  such claim;
 2046         2. Prepares or makes any written or oral statement that is
 2047  intended to be presented to an any insurer in connection with,
 2048  or in support of, any claim for payment or other benefit
 2049  pursuant to an insurance policy or a health maintenance
 2050  organization subscriber or provider contract, knowing that such
 2051  statement contains any false, incomplete, or misleading
 2052  information concerning any fact or thing material to such claim;
 2053         3.a. Knowingly presents, causes to be presented, or
 2054  prepares or makes with knowledge or belief that it will be
 2055  presented to an any insurer, purported insurer, servicing
 2056  corporation, insurance broker, or insurance agent, or any
 2057  employee or agent thereof, any false, incomplete, or misleading
 2058  information or written or oral statement as part of, or in
 2059  support of, an application for the issuance of, or the rating
 2060  of, any insurance policy, or a health maintenance organization
 2061  subscriber or provider contract; or
 2062         b. Knowingly conceals information concerning any fact
 2063  material to such application; or
 2064         4. Knowingly presents, causes to be presented, or prepares
 2065  or makes with knowledge or belief that it will be presented to
 2066  any insurer a claim for payment or other benefit under a motor
 2067  vehicle personal injury protection insurance policy if the
 2068  person knows that the payee knowingly submitted a false,
 2069  misleading, or fraudulent application or other document when
 2070  applying for licensure as a health care clinic, seeking an
 2071  exemption from licensure as a health care clinic, or
 2072  demonstrating compliance with part X of chapter 400.
 2073         (7)
 2074         (c) An insurer, or any person acting at the direction of or
 2075  on behalf of an insurer, may not change an opinion in a mental
 2076  or physical report prepared under s. 627.736(8) or direct the
 2077  physician preparing the report to change such opinion; however,
 2078  this provision does not preclude the insurer from calling to the
 2079  attention of the physician errors of fact in the report based
 2080  upon information in the claim file. Any person who violates this
 2081  paragraph commits a felony of the third degree, punishable as
 2082  provided in s. 775.082, s. 775.083, or s. 775.084.
 2083         (8)(a) It is unlawful for any person intending to defraud
 2084  any other person to solicit or cause to be solicited any
 2085  business from a person involved in a motor vehicle accident for
 2086  the purpose of making, adjusting, or settling motor vehicle tort
 2087  claims or claims for personal injury protection benefits
 2088  required by s. 627.736. Any person who violates the provisions
 2089  of this paragraph commits a felony of the second degree,
 2090  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2091  A person who is convicted of a violation of this subsection
 2092  shall be sentenced to a minimum term of imprisonment of 2 years.
 2093         (b) A person may not solicit or cause to be solicited any
 2094  business from a person involved in a motor vehicle accident by
 2095  any means of communication other than advertising directed to
 2096  the public for the purpose of making motor vehicle tort claims
 2097  or claims for personal injury protection benefits required by s.
 2098  627.736, within 60 days after the occurrence of the motor
 2099  vehicle accident. Any person who violates this paragraph commits
 2100  a felony of the third degree, punishable as provided in s.
 2101  775.082, s. 775.083, or s. 775.084.
 2102         (c) A lawyer, health care practitioner as defined in s.
 2103  456.001, or owner or medical director of a clinic required to be
 2104  licensed pursuant to s. 400.9905 may not, at any time after 60
 2105  days have elapsed from the occurrence of a motor vehicle
 2106  accident, solicit or cause to be solicited any business from a
 2107  person involved in a motor vehicle accident by means of in
 2108  person or telephone contact at the person’s residence, for the
 2109  purpose of making motor vehicle tort claims or claims for
 2110  personal injury protection benefits required by s. 627.736. Any
 2111  person who violates this paragraph commits a felony of the third
 2112  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2113  775.084.
 2114         (9) A person may not organize, plan, or knowingly
 2115  participate in an intentional motor vehicle crash or a scheme to
 2116  create documentation of a motor vehicle crash that did not occur
 2117  for the purpose of making motor vehicle tort claims or claims
 2118  for personal injury protection benefits as required by s.
 2119  627.736. Any person who violates this subsection commits a
 2120  felony of the second degree, punishable as provided in s.
 2121  775.082, s. 775.083, or s. 775.084. A person who is convicted of
 2122  a violation of this subsection shall be sentenced to a minimum
 2123  term of imprisonment of 2 years.
 2124         (10) A licensed health care practitioner who is found
 2125  guilty of insurance fraud under this section for an act relating
 2126  to a motor vehicle personal injury protection insurance policy
 2127  loses his or her license to practice for 5 years and may not
 2128  receive reimbursement for bodily personal injury liability
 2129  protection benefits for 10 years.
 2130         Section 58. Applicability; notice to policyholders.—
 2131         (1) As used in this section, the term “minimum security
 2132  requirements” means security that enables a person to respond in
 2133  damages for liability on account of accidents arising out of the
 2134  use of a motor vehicle in the amount of $10,000 for damage to,
 2135  or destruction of, property of others in any one crash; in the
 2136  amount of $25,000 for bodily injury to, or the death of, one
 2137  person in any one crash; and, subject to such limits for one
 2138  person, in the amount of $50,000 for bodily injury to, or the
 2139  death of, two or more persons in any one crash.
 2140         (2) Effective January 1, 2014:
 2141         (a) Motor vehicle insurance policies issued or renewed on
 2142  or after that date may not include personal injury protection.
 2143         (b) Any person subject to ss. 324.022 and 627.733, Florida
 2144  Statutes, must maintain at least minimum security requirements.
 2145         (c) Any new or renewal motor vehicle insurance policy
 2146  delivered or issued for delivery in this state must provide
 2147  coverage that complies with minimum security requirements.
 2148         (d) An existing motor vehicle insurance policy issued
 2149  before that date which provides personal injury protection and
 2150  property damage liability coverage that meet the requirements of
 2151  ss. 324.022 and 627.733, Florida Statutes, on December 31, 2013,
 2152  but that do not meet minimum security requirements on or after
 2153  January 1, 2014, shall be deemed to meet the security
 2154  requirements of s. 324.022 and s. 627.733, Florida Statutes,
 2155  until such policy is renewed, nonrenewed, or canceled on or
 2156  after January 1, 2014.
 2157         (3) Each insurer shall allow each insured who has a new or
 2158  renewal policy providing personal injury protection which
 2159  becomes effective before January 1, 2014, and whose policy does
 2160  not meet minimum security requirements on or after January 1,
 2161  2014, to change coverages so as to eliminate personal injury
 2162  protection and obtain coverage providing minimum security
 2163  requirements, which shall be effective on or after January 1,
 2164  2014. The insurer is not required to provide coverage complying
 2165  with minimum security requirements in such policies if the
 2166  insured does not pay the required premium, if any, by January 1,
 2167  2014, or such later date as the insurer may allow. Any reduction
 2168  in the premium must be refunded by the insurer. The insurer may
 2169  not impose an additional fee or charge on the insured which
 2170  applies solely to a change in coverage; however, the insurer may
 2171  charge an additional required premium that is actuarially
 2172  indicated.
 2173         (4) By September 1, 2013, each motor vehicle insurer shall
 2174  provide notice of the provisions of this section to each motor
 2175  vehicle policyholder who is subject to this section. The notice
 2176  is subject to approval by the Office of Insurance Regulation and
 2177  must clearly inform the policyholder that:
 2178         (a) The Florida Motor Vehicle No-Fault Law is repealed,
 2179  effective January 1, 2014, and that on or after that date, the
 2180  insured is no longer required to maintain personal injury
 2181  protection insurance coverage, that personal injury protection
 2182  coverage is no longer available for purchase in this state, and
 2183  that all new or renewal policies issued on or after that date do
 2184  not contain such coverage.
 2185         (b) Effective January 1, 2014, any person subject to the
 2186  financial responsibility requirements of s. 324.022, Florida
 2187  Statutes, must maintain minimum security requirements that
 2188  enable such person to respond in damages for liability on
 2189  account of accidents arising out of the use of a motor vehicle
 2190  in the amount of $10,000 for damage to, or destruction of,
 2191  property of others in any one crash; in the amount of $25,000
 2192  for bodily injury to, or the death of, one person in any one
 2193  crash; and, subject to such limits for one person, in the amount
 2194  of $50,000 for bodily injury to, or the death of, two or more
 2195  persons in any one crash.
 2196         (c) Personal injury protection insurance pays covered
 2197  medical expenses for injuries sustained in the motor vehicle
 2198  crash by the policyholder, passengers, and relatives residing in
 2199  the policyholder’s household.
 2200         (d) Bodily injury liability coverage protects the insured,
 2201  up to the coverage limits, against loss if the insured is
 2202  legally responsible for the death of or bodily injury to others
 2203  in a motor vehicle accident.
 2204         (e) The policyholder may be able to obtain medical payments
 2205  coverage that pays covered medical expenses for injuries
 2206  sustained in a motor vehicle crash by the policyholder and
 2207  relatives residing in the policyholder’s household, but that
 2208  such coverage is not required under state law.
 2209         (f) Policyholders whose insurance policies do not contain
 2210  bodily injury liability coverage are without coverage that
 2211  protects against loss if the policyholder is legally responsible
 2212  for the death or bodily injury of others in a motor vehicle
 2213  accident.
 2214         (g) Underinsured motorist coverage provides benefits up to
 2215  the limits of such coverage to a policyholder or other insured
 2216  under the policy who is entitled to recover damages from owners
 2217  or operators of uninsured or underinsured motor vehicles because
 2218  of bodily injury, sickness, disease, or death in a motor vehicle
 2219  accident.
 2220         (h) If the policyholder’s new or renewal motor vehicle
 2221  insurance policy is effective before January 1, 2014, and
 2222  contains personal injury protection and property damage
 2223  liability coverage as required by state law before January 1,
 2224  2014, but does not meet minimum security requirements on or
 2225  after January 1, 2014, such policy shall be deemed to meet
 2226  minimum security requirements until it is renewed, nonrenewed,
 2227  or canceled on or after January 1, 2014.
 2228         (i) A policyholder whose new or renewal policy becomes
 2229  effective before January 1, 2014, but does not meet minimum
 2230  security requirements on or after January 1, 2014, may change
 2231  coverages under the policy so as to eliminate personal injury
 2232  protection and to obtain coverage providing minimum security
 2233  requirements, including bodily injury liability coverage, which
 2234  are effective on or after January 1, 2014.
 2235         (j) If the policyholder has any questions, he or she should
 2236  contact the name and phone number provided in the notice.
 2237         (5) This section shall take effect upon this act becoming a
 2238  law.
 2239         Section 59. Application of suspensions for failure to
 2240  maintain security; reinstatement.—All suspensions for failure to
 2241  maintain required security as required by law in effect before
 2242  January 1, 2014, remain in full force and effect after the
 2243  effective date of this act. A driver may reinstate a suspended
 2244  driver license or registration as provided under s. 324.0221.
 2245         Section 60. Except as otherwise expressly provided in this
 2246  act, and except for this section, which shall take effect upon
 2247  becoming law, this act shall take effect January 1, 2014.