Florida Senate - 2017                                    SB 1256
       
       
        
       By Senator Campbell
       
       
       
       
       
       38-01386-17                                           20171256__
    1                        A bill to be entitled                      
    2         An act relating to the motor vehicle insurance online
    3         verification system; creating s. 324.252, F.S.;
    4         requiring the Department of Highway Safety and Motor
    5         Vehicles to establish a system for the online
    6         verification of motor vehicle insurance; providing
    7         system requirements; requiring insurers to cooperate
    8         with the department in establishing and maintaining
    9         the system; requiring the department to adopt rules;
   10         amending s. 320.02, F.S.; providing requirements
   11         relating to the registration of motor vehicles to
   12         conform to changes made by the act; amending s.
   13         324.0221, F.S.; providing requirements relating to the
   14         reporting of insurance verification by insurers to
   15         conform to changes made by the act; providing an
   16         effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 324.252, Florida Statutes, is created to
   21  read:
   22         324.252Motor vehicle insurance online verification
   23  system.—
   24         (1)The department shall establish an online verification
   25  system for motor vehicle insurance, subject to the following:
   26         (a)The verification system shall be accessible through the
   27  Internet by authorized personnel of the department, the courts,
   28  law enforcement personnel, any other entities authorized by the
   29  department, and insurers authorized by the Office of Insurance
   30  Regulation to offer motor vehicle insurance.
   31         (b)The verification system shall provide for direct access
   32  to insurers’ records by personnel authorized by the department.
   33         (c)The department shall conduct a pilot program to test
   34  the system before statewide use. However, the verification
   35  system must be installed and operational by July 1, 2019.
   36         (d)The verification system shall be available 24 hours a
   37  day to verify the insurance status of any vehicle registered in
   38  this state through the vehicle’s identification number, policy
   39  number, registered owner’s name, or other identifying
   40  characteristic or marker as prescribed by the department.
   41         (e)The department may contract with a private vendor to
   42  assist in establishing and maintaining the verification system.
   43         (f)The verification system shall include appropriate
   44  provisions, consistent with industry standards, to secure its
   45  data against unauthorized access and to maintain a record of all
   46  information requests.
   47         (g)Information contained in the verification system that
   48  is otherwise exempt from public disclosure remains confidential
   49  or exempt from the provisions of s. 119.07(1) and remains exempt
   50  from public disclosure.
   51         (h)A law enforcement officer, during a traffic stop or
   52  accident investigation, may access information from the online
   53  verification system to establish compliance with this chapter
   54  and to verify the current validity of the policy described on
   55  any insurance identification card produced by the operator of a
   56  motor vehicle during the traffic stop or accident investigation.
   57         (2)Insurers must cooperate with the department in
   58  establishing and maintaining the insurance verification system
   59  and must provide access to motor vehicle insurance policy status
   60  information.
   61         (3)The department shall adopt rules to implement this
   62  section.
   63         Section 2. Paragraph (f) is added to subsection (5) of
   64  section 320.02, Florida Statutes, to read:
   65         320.02 Registration required; application for registration;
   66  forms.—
   67         (5)
   68         (f)Upon implementation of the online verification system
   69  in s. 324.252, the online verification shall replace the
   70  procedures in this subsection and every registering agency shall
   71  use the system unless the system is not online or the required
   72  information is not available. In such a case, the registering
   73  agency may accept verification as provided in this subsection to
   74  certify the existence of the required insurance before
   75  processing any application for motor vehicle registration.
   76         Section 3. Subsection (4) is added to section 324.0221,
   77  Florida Statutes, to read:
   78         324.0221 Reports by insurers to the department; suspension
   79  of driver license and vehicle registrations; reinstatement.—
   80         (4)The department shall implement a method of insurance
   81  verification, by rule, using the system in s. 324.252, which
   82  shall be a method of determining verification after the
   83  insurance verification provided at the time of registration of
   84  the vehicle, after reinstatement for a suspension for a
   85  violation of this chapter, or if the department believes an
   86  owner or operator of a motor vehicle is not in compliance with
   87  this chapter. The system shall provide procedures for direct
   88  inquiry and response between the department and insurers.
   89         Section 4. This act shall take effect July 1, 2017.