Florida Senate - 2017 SB 1766
By Senator Lee
20-01083B-17 20171766__
1 A bill to be entitled
2 An act relating to motor vehicle insurance; repealing
3 ss. 627.730, 627.731, 627.7311, 627.732, 627.733,
4 627.734, 627.736, 627.737, 627.739, 627.7401,
5 627.7403, and 627.7405, F.S., which compose the
6 Florida Motor Vehicle No-Fault Law; repealing s.
7 627.7407, F.S., relating to application of the Florida
8 Motor Vehicle No-Fault Law; creating s. 627.7265,
9 F.S.; defining terms; requiring certain motor vehicle
10 liability insurance policies to include specified
11 medical payments coverage; prohibiting an insurer from
12 offering medical payments coverage with a deductible;
13 providing construction; authorizing an insurer to
14 exclude medical payment benefits under certain
15 circumstances; specifying requirements, limitations,
16 and exclusions for medical payments coverage benefits;
17 requiring rulemaking by the Financial Services
18 Commission; providing requirements, procedures,
19 conditions, exclusions, prohibited acts, and
20 construction relating to an insurer’s payment of
21 medical payments coverage benefits; specifying
22 requirements and procedures for, and conditions and
23 limitations on, the reimbursement of certain
24 providers’ charges for medical care under medical
25 payments coverage; providing that reimbursements may
26 be limited according to a specified schedule of
27 maximum charges; providing construction; providing
28 that insurers or insureds are not required to pay
29 certain claims or charges; requiring the Department of
30 Health to adopt certain rules; specifying procedures,
31 forms, and requirements for providers in furnishing
32 statements of charges and other statements and bills
33 to insurers; providing construction; specifying
34 disclosure and informed consent requirements for
35 certain entities providing medical services; requiring
36 the commission to adopt rules; requiring insurers to
37 investigate certain claims for improper billing and
38 providing procedures and requirements for such
39 investigations; prohibiting a certain act by an
40 insurer with the intent to deny reimbursement;
41 requiring certain entities to be licensed as clinics
42 to receive reimbursement under medical payments
43 coverage; providing exceptions; requiring insurers to
44 provide named insureds with a specified form notifying
45 the insureds of their right to receive medical
46 payments coverage; providing requirements for the
47 notice and for providing such notice; providing
48 requirements, procedures, and prohibited acts related
49 to discovery of facts about an insured person who
50 makes a medical payments coverage claim; requiring
51 such person to provide specified information to an
52 insurer upon request; providing procedures that apply
53 in the event of a dispute over discovery of facts;
54 providing requirements, prohibitions, and construction
55 relating to mental and physical examinations of
56 injured persons covered by medical payments coverage;
57 providing applicability of provisions relating to
58 attorney fees; requiring that a specified
59 prelitigation demand letter be provided to an insurer
60 before an action for benefits may be filed; providing
61 requirements for delivering a demand letter to the
62 insurer; requiring an insurer to file certain
63 information designating an authorized representative
64 with the Office of Insurance Regulation; prohibiting
65 an action against an insurer if the insurer, within a
66 specified time, pays specified amounts or provides a
67 written statement agreeing to pay specified amounts
68 for future treatment; requiring certain civil action
69 claims to be brought in a single action unless good
70 cause is shown; providing that insurers who
71 repeatedly, and as a general business practice, fail
72 to pay certain valid claims are subject to penalties
73 for unfair or deceptive trade practices; authorizing
74 the Department of Legal Affairs to investigate and
75 initiate actions for such violations; providing an
76 insurer with a civil cause of action against certain
77 persons convicted of or pleading guilty or nolo
78 contendere to certain violations; specifying
79 recoverable damages; requiring an insurer, when a
80 claim is filed, to provide a specified fraud advisory
81 notice to an insured or the person who is the subject
82 of the claim; providing construction relating to
83 certain nonreimbursable claims; authorizing electronic
84 transmittal of certain documents; authorizing an
85 insurer to include in its policies a specified right
86 of subrogation for medical payments benefits;
87 providing construction; amending s. 316.646, F.S.;
88 revising applicability of a requirement to have
89 immediate possession of proof of maintenance of
90 certain security; amending s. 320.02, F.S.; revising
91 the motor vehicle insurance coverages that an
92 applicant must show to register certain vehicles with
93 the Department of Highway Safety and Motor Vehicles;
94 deleting a requirement that specified information be
95 included on a certain insurance proof-of-purchase
96 card; revising construction; conforming a provision to
97 changes made by the act; amending s. 320.27, F.S.;
98 revising requirements for furnishing certain insurance
99 coverage information on an application for a motor
100 vehicle dealer; revising insurance coverage
101 requirements for certain motor vehicle dealers;
102 conforming a provision to changes made by the act;
103 amending s. 320.771, F.S.; revising garage liability
104 coverage requirements for a recreational vehicle
105 dealer license applicant; amending s. 324.011, F.S.;
106 revising legislative intent; amending s. 324.021,
107 F.S.; revising definitions of the terms “motor
108 vehicle” and “proof of financial responsibility”;
109 revising, at specified timeframes, minimum coverage
110 requirements for proof of financial responsibility;
111 defining the term “for-hire passenger transportation
112 vehicle”; conforming a cross-reference; amending s.
113 324.022, F.S.; revising, at specified timeframes,
114 minimum liability coverage requirements for motor
115 vehicle owners and operators; revising authorized
116 methods for meeting such requirements; revising the
117 vehicles that are excluded from the definition of the
118 term “motor vehicle” and providing security
119 requirements for certain excluded vehicles; deleting
120 the definition of the term “owner”; conforming
121 provisions to changes made by the act; conforming
122 cross-references; amending s. 324.031, F.S.; revising
123 applicability of a provision authorizing certain
124 methods of proving financial responsibility; revising,
125 at specified timeframes, the amount of a certificate
126 of deposit that is required for a specified method of
127 proof of financial responsibility; revising insurance
128 coverage requirements for a person electing to use
129 such method; amending s. 324.032, F.S.; revising
130 applicability of the minimum requirements of financial
131 responsibility for for-hire passenger transportation
132 vehicles; revising such requirements; revising a
133 requirement for a motor vehicle liability policy that
134 is obtained to comply with such requirements;
135 conforming a cross-reference; amending s. 324.071,
136 F.S.; revising the fee for reinstating an owner’s or
137 operator’s license or registration that has been
138 suspended for specified reasons; amending s. 324.151,
139 F.S.; revising requirements for a motor vehicle
140 liability policy that serves as proof of financial
141 responsibility for certain operators or owners;
142 authorizing an insurer to exclude liability coverage
143 in the policy under certain circumstances; defining
144 terms; amending s. 324.161, F.S.; revising
145 requirements for a certificate of deposit that is
146 required if a person elects a certain method of
147 providing financial responsibility; amending s.
148 324.171, F.S.; revising, at specified timeframes, the
149 minimum net worth requirements that qualify certain
150 persons as self-insurers; conforming provisions to
151 changes made by the act; amending s. 324.251, F.S.;
152 revising the short title and an effective date;
153 amending s. 400.9905, F.S.; revising the definition of
154 the term “clinic”; amending s. 409.901, F.S.; revising
155 the definition of the term “third-party benefit”;
156 amending s. 409.910, F.S.; revising the definition of
157 the term “medical coverage”; amending s. 456.072,
158 F.S.; revising applicability of certain grounds for
159 discipline, relating to medical payments coverage
160 claims rather than personal injury protection claims,
161 for certain health professions; amending s. 626.9541,
162 F.S.; revising the types of insurance coverage
163 applicable to certain prohibited acts; conforming a
164 cross-reference; amending s. 626.989, F.S.; revising
165 the definition of the term “fraudulent insurance act”;
166 amending s. 627.0652, F.S.; revising the coverages of
167 a motor vehicle insurance policy which must provide a
168 premium charge reduction under certain circumstances;
169 amending s. 627.0653, F.S.; revising the coverages of
170 a motor vehicle insurance policy which must or may
171 provide a premium discount under certain
172 circumstances; amending s. 627.4132, F.S.; revising
173 the coverages of a motor vehicle policy which must
174 provide a specified limitation; amending s. 627.727,
175 F.S.; revising the legal liability of an uninsured
176 motorist coverage insurer; conforming a provision to
177 changes made by the act; amending s. 627.7275, F.S.;
178 revising applicability and required coverages for a
179 motor vehicle insurance policy; conforming provisions
180 to changes made by the act; amending s. 627.7295,
181 F.S.; revising the definitions of the terms “policy”
182 and “binder”; revising the coverages of a motor
183 vehicle insurance policy for which a licensed general
184 lines agent may charge a specified fee; revising
185 applicability; conforming a cross-reference; amending
186 s. 627.7415, F.S.; revising, at specified intervals,
187 the minimum levels of certain liability insurance for
188 commercial motor vehicles; amending s. 627.8405, F.S.;
189 revising the coverages of a policy sold in conjunction
190 with an accidental death and dismemberment policy and
191 prohibiting a premium finance company from taking
192 certain acts relating to such policies; revising
193 coverages that are the subject of certain disclosure
194 rules by the commission; amending s. 817.234, F.S.;
195 revising the applicability of certain criminal acts of
196 insurance fraud, from personal injury protection
197 insurance to medical payments coverage; amending ss.
198 318.18, 320.0609, 322.251, 322.34, 324.0221, 400.991,
199 400.9935, 456.057, 627.06501, 627.7263, 627.728,
200 627.915, 628.909, 705.184, and 713.78, F.S.;
201 conforming provisions to changes made by the act;
202 amending ss. 324.051 and 324.091, F.S.; making
203 technical changes; amending s. 324.023, F.S.;
204 conforming cross-references; defining the term
205 “minimum security requirements”; providing
206 applicability and construction; providing requirements
207 and procedures relating to motor vehicle insurance
208 policies providing personal injury protection as of
209 the effective date of the act; requiring an insurer to
210 provide, by a specified date, a specified notice to
211 policyholders relating to requirements under the act;
212 providing for construction relating to suspensions for
213 failure to maintain required security in effect before
214 the effective date of the act; providing a directive
215 to the Division of Law Revision and Information;
216 providing effective dates.
217
218 Be It Enacted by the Legislature of the State of Florida:
219
220 Section 1. Sections 627.730, 627.731, 627.7311, 627.732,
221 627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,
222 and 627.7405, Florida Statutes, which compose the Florida Motor
223 Vehicle No-Fault Law, are repealed.
224 Section 2. Section 627.7407, Florida Statutes, is repealed.
225 Section 3. Section 627.7265, Florida Statutes, is created
226 to read:
227 627.7265 Motor vehicle insurance; medical payments
228 coverage.—
229 (1) DEFINITIONS.—As used in this section, the term:
230 (a) “Broker” means a person who does not possess a license
231 under chapter 395, chapter 400, chapter 429, chapter 458,
232 chapter 459, chapter 460, chapter 461, or chapter 641, who
233 charges or receives compensation for any use of medical
234 equipment and who is not the 100 percent owner or the 100
235 percent lessee of such equipment. For purposes of this section,
236 such owner or lessee may be an individual, a corporation, a
237 partnership, or any other entity and any of its 100-percent
238 owned affiliates and subsidiaries. As used in this subsection,
239 the term “lessee” means a long-term lessee under a capital or
240 operating lease, but does not include a part-time lessee. The
241 term “broker” does not include a hospital or physician
242 management company whose medical equipment is ancillary to the
243 practices managed; a debt collection agency; an entity that has
244 contracted with the insurer to obtain a discounted rate for such
245 services; a management company that has contracted to provide
246 general management services for a licensed physician or health
247 care facility and whose compensation is not materially affected
248 by the usage or frequency of usage of medical equipment; or an
249 entity that is 100-percent-owned by one or more hospitals or
250 physicians. The term “broker” does not include a person or
251 entity that certifies, upon request of an insurer, that:
252 1. It is a clinic licensed under ss. 400.990-400.995;
253 2. It is a 100-percent-owner of medical equipment; and
254 3. The owner’s only part-time lease of medical equipment
255 for medical payments coverage patients is on a temporary basis
256 not to exceed 30 days in a 12-month period, and such lease is
257 solely for the purposes of necessary repair or maintenance of
258 the 100-percent-owned medical equipment or pending the arrival
259 and installation of the newly purchased or a replacement for the
260 100-percent-owned medical equipment, or for patients for whom,
261 because of physical size or claustrophobia, it is determined by
262 the medical director or clinical director to be medically
263 necessary that the test be performed in medical equipment that
264 is open-style. The leased medical equipment cannot be used by
265 patients who are not patients of the registered clinic for
266 medical treatment services. Any person or entity making a false
267 certification under this subsection commits insurance fraud as
268 described in s. 817.234. However, the 30-day period provided in
269 this subparagraph may be extended for an additional 60 days as
270 applicable to magnetic resonance imaging equipment, if the owner
271 certifies that the extension otherwise complies with this
272 subparagraph.
273 (b) “Entity wholly owned” means a proprietorship, group
274 practice, partnership, or corporation that provides health care
275 services rendered by licensed health care practitioners and in
276 which licensed health care practitioners are the business owners
277 of all aspects of the business entity, including, but not
278 limited to, being reflected as the business owners on the title
279 or lease of the physical facility, filing taxes as the business
280 owners, being account holders on the entity’s bank account,
281 being listed as the principals on all incorporation documents
282 required by this state, and having ultimate authority over all
283 personnel and compensation decisions relating to the entity.
284 However, this term does not include an entity that is wholly
285 owned, directly or indirectly, by a hospital licensed under
286 chapter 395.
287 (c) “Hospital” means a facility that, at the time medical
288 care was rendered, was licensed under chapter 395.
289 (d) “Incident,” with respect to services considered as
290 incident to a physician’s professional service for a physician
291 licensed under chapter 458, chapter 459, chapter 460, or chapter
292 461, if not furnished in a hospital, means such services must be
293 an integral, even if incidental, part of a covered physician’s
294 service.
295 (e) “Knowingly” means that a person has actual knowledge of
296 information, acts in deliberate ignorance of the truth or
297 falsity of the information, or acts in reckless disregard of the
298 information. Proof of specific intent to defraud is not
299 required.
300 (f) “Lawful” or “lawfully” means in substantial compliance
301 with all relevant applicable criminal, civil, and administrative
302 requirements of state and federal law related to the provision
303 of medical care.
304 (g) “Medical care” means any medical service, medical
305 treatment, medical supply, medical transportation, prescription
306 drug, or emergency services and care as defined in s.
307 395.002(9).
308 (h) “Medically necessary” means medical care that a prudent
309 physician or other qualified health care professional would
310 provide for the purpose of preventing, diagnosing, or treating
311 an illness, injury, disease, or symptom in a manner that is:
312 1. In accordance with generally accepted standards of
313 medical practice;
314 2. Clinically appropriate in terms of type, frequency,
315 extent, site, and duration; and
316 3. Not primarily for the convenience of the patient,
317 physician, or other health care provider.
318 (i) “Motor vehicle” means a self-propelled vehicle with
319 four or more wheels which is designed and required to be
320 licensed for use on the highways of this state, and any trailer
321 or semitrailer designed for use with such vehicle. The term does
322 not include:
323 1. A mobile home; or
324 2. A motor vehicle that is used in mass transit, other than
325 public school transportation; that is designed to transport more
326 than five passengers exclusive of the operator of the motor
327 vehicle; and that is owned by a municipality, a transit
328 authority, or a political subdivision of the state.
329 (j) “Named insured” means a person identified in a policy
330 by name as an insured under the policy.
331 (k) “Newly acquired vehicle” means a motor vehicle owned by
332 a named insured or resident relative of the named insured which
333 was acquired 30 or less days before an accident.
334 (l) “Properly completed” means providing truthful,
335 substantially complete, and substantially accurate responses as
336 to all material elements to each applicable request for
337 information or for a statement, by a means that may lawfully be
338 provided and that complies with this section or as agreed by the
339 parties.
340 (m) “Resident relative” means a person related to a named
341 insured by any degree by blood, marriage, or adoption, including
342 a ward or foster child, who usually makes his or her home in the
343 same family unit as the named insured, regardless of whether the
344 resident relative temporarily lives elsewhere.
345 (n) “Temporary substitute vehicle” means a motor vehicle as
346 defined in s. 320.01(1) which is not owned by the named insured
347 and which is temporarily used with the permission of the owner
348 as a substitute for the owned motor vehicle designated on the
349 policy when the owned vehicle is withdrawn from normal use
350 because of breakdown, repair, servicing, loss, or destruction.
351 (o) “Unbundled” means an action that submits a billing code
352 that is properly billed under one billing code, but that has
353 been separated into two or more billing codes, which would
354 result in payment greater in amount than would be paid using one
355 billing code.
356 (p) “Upcoded” means an action that submits a billing code
357 that would result in payment greater in amount than would be
358 paid using a billing code that accurately describes the services
359 performed. The term does not include an otherwise lawful bill by
360 a magnetic resonance imaging facility, which globally combines
361 both technical and professional components, if the amount of the
362 global bill is not more than for the components if billed
363 separately; however, payment of such a bill constitutes payment
364 in full for all components of such service.
365 (2) REQUIRED SECURITY.—
366 (a) A motor vehicle liability insurance policy that is
367 furnished as proof of financial responsibility pursuant to s.
368 324.031 must include medical payments coverage as provided in
369 this section. The medical payments coverage must protect the
370 named insured, resident relatives, persons operating the insured
371 motor vehicle, passengers in the insured motor vehicle, and
372 other persons who are struck by the insured motor vehicle and
373 suffer bodily injury while not an occupant of a self-propelled
374 motor vehicle, to a limit of at least $5,000 per person for
375 medical expense incurred due to bodily injury, sickness, or
376 disease arising out of the ownership, maintenance, or use of a
377 motor vehicle.
378 (b) An insurer may not offer medical payments coverage with
379 a deductible to an applicant or policyholder.
380 (c) This section may not be construed to limit any other
381 coverage made available by an insurer.
382 (3) AUTHORIZED EXCLUSIONS.—Notwithstanding any other
383 requirement herein, an insurer may exclude medical payment
384 benefits:
385 (a) For injury sustained by the named insured or a resident
386 relative while occupying another motor vehicle owned by the
387 named insured and not insured under the policy, unless such
388 vehicle qualifies as a newly acquired vehicle or temporary
389 substitute vehicle.
390 (b) For injury sustained by any person operating the
391 insured motor vehicle without the express or implied consent of
392 the insured.
393 (c) For any person who intentionally causes injury to
394 himself or herself.
395 (d) For any person injured while committing a felony.
396 (4) REQUIRED BENEFITS.—
397 (a) Medical payments coverage must provide reimbursement of
398 medically necessary medical, surgical, X-ray, dental, and
399 rehabilitative services, including prosthetic devices and
400 ambulance, hospital, and nursing services, if the individual
401 receives initial services and care pursuant to subparagraph 1.
402 within 14 days after the motor vehicle accident. Medical
403 payments coverage provides reimbursement only for:
404 1. Initial services and care that are lawfully provided,
405 supervised, ordered, or prescribed by a physician licensed under
406 chapter 458 or chapter 459, a dentist licensed under chapter
407 466, or a chiropractic physician licensed under chapter 460; or
408 that are provided in a hospital or in a facility that owns, or
409 is wholly owned by, a hospital. Initial services and care may
410 also be provided by a person or entity licensed under part III
411 of chapter 401 which provides emergency transportation and
412 treatment.
413 2. Upon referral by a provider described in subparagraph
414 1., followup services and care consistent with the underlying
415 medical diagnosis rendered pursuant to subparagraph 1. which may
416 be provided, supervised, ordered, or prescribed only by a
417 physician licensed under chapter 458 or chapter 459; a
418 chiropractic physician licensed under chapter 460; a dentist
419 licensed under chapter 466; or, to the extent permitted by
420 applicable law and under the supervision of such physician,
421 osteopathic physician, chiropractic physician, or dentist, by a
422 physician assistant licensed under chapter 458 or chapter 459 or
423 an advanced registered nurse practitioner licensed under chapter
424 464. Followup services and care may also be provided by the
425 following persons or entities:
426 a. A hospital or ambulatory surgical center licensed under
427 chapter 395.
428 b. An entity wholly owned by one or more physicians
429 licensed under chapter 458 or chapter 459, chiropractic
430 physicians licensed under chapter 460, or dentists licensed
431 under chapter 466, or by such practitioners and the spouse,
432 parent, child, or sibling of such practitioners.
433 c. An entity that owns or is wholly owned, directly or
434 indirectly, by a hospital or hospitals.
435 d. A physical therapist licensed under chapter 486, based
436 upon a referral by a provider described in this subparagraph.
437 e. A health care clinic licensed under part X of chapter
438 400 which is accredited by an accrediting organization whose
439 standards incorporate comparable regulations required by this
440 state, or which:
441 (I) Has a medical director licensed under chapter 458,
442 chapter 459, or chapter 460;
443 (II) Has been continuously licensed for more than 3 years
444 or is a publicly traded corporation that issues securities
445 traded on an exchange registered with the United States
446 Securities and Exchange Commission as a national securities
447 exchange; and
448 (III) Provides at least four of the following medical
449 specialties:
450 (A) General medicine.
451 (B) Radiography.
452 (C) Orthopedic medicine.
453 (D) Physical medicine.
454 (E) Physical therapy.
455 (F) Physical rehabilitation.
456 (G) Prescribing or dispensing outpatient prescription
457 medication.
458 (H) Laboratory services.
459 (b) Medical benefits do not include massage as defined in
460 s. 480.033 or acupuncture as defined in s. 457.102, regardless
461 of the person, entity, or licensee providing massage or
462 acupuncture, and a licensed massage therapist or licensed
463 acupuncturist may not be reimbursed for medical benefits under
464 this section.
465 (c) The commission shall adopt by rule the form specified
466 in sub-subparagraph (a)2.b., sub-subparagraph (a)2.c., or sub
467 subparagraph (a)2.e. which must be used by an insurer and a
468 health care provider to document that the health care provider
469 meets the criteria of this paragraph. Such rule must include a
470 requirement for a sworn statement or affidavit.
471 (5) PAYMENT OF BENEFITS.—
472 (a) Benefits due from an insurer under medical payments
473 coverage are primary to any health insurance benefit of a person
474 injured in a motor vehicle accident and apply to any coinsurance
475 or deductible amount required by the injured person’s health
476 insurance policy, except that:
477 1. Benefits received under any workers’ compensation law
478 must be credited against medical payments coverage benefits and
479 must be due and payable as loss accrues.
480 2. When the Agency for Health Care Administration provides,
481 pays, or becomes liable for medical assistance under the
482 Medicaid program related to injury, sickness, disease, or death
483 arising out of the ownership, maintenance, or use of a motor
484 vehicle, medical payments benefits are subject to the provisions
485 of the Medicaid Program, and, within 30 days after receiving
486 notice that the Medicaid program paid such benefits, the insurer
487 must repay the full amount of the benefits to the Medicaid
488 program.
489 (b) Medical payments coverage benefits payable under this
490 section are overdue if they are not paid within 30 days after
491 the insurer is furnished with written notice of the fact and the
492 amount of a covered loss. However:
493 1. If written notice of the entire claim is not furnished
494 to the insurer, any partial amount supported by written notice
495 is overdue if it is not paid within 30 days after the notice is
496 furnished to the insurer. The remainder of the claim, or any
497 part thereof, which is subsequently supported by written notice
498 is overdue if not paid within 30 days after the notice is
499 furnished to the insurer.
500 2. If an insurer pays only a portion of a claim or rejects
501 a claim, the insurer must provide at the time of the partial
502 payment or rejection an itemized specification of each item that
503 the insurer had reduced, omitted, or declined to pay and any
504 information that the insurer desires the claimant to consider
505 related to the medical necessity of the denied treatment or any
506 information that explains the reasonableness of the reduced
507 charge if this does not limit the introduction of evidence at
508 trial. The insurer shall also include the name and address of
509 the person to whom the claimant should respond and a claim
510 number to be referenced in future correspondence.
511 3. If an insurer pays only a portion of a claim or rejects
512 a claim due to an alleged error in the claim, the insurer, at
513 the time of the partial payment or rejection, must provide an
514 itemized specification or explanation of benefits due to the
515 specified error. Upon receiving the specification or
516 explanation, the person making the claim, at his or her option
517 and without waiving any other legal remedy for payment, has 15
518 days to submit a revised claim. The submission of a revised
519 claim is considered a timely submission of written notice of a
520 claim.
521 4. Notwithstanding the fact that written notice has been
522 furnished to the insurer, payment is not overdue if the insurer
523 has reasonable proof that the insurer is not responsible for the
524 payment.
525 5. For the purpose of calculating the extent to which
526 benefits are overdue, payment is treated as being made on the
527 date that a draft, or other valid instrument that is equivalent
528 to payment, was placed in the United States mail in a properly
529 addressed, postpaid envelope or, if not so posted, on the date
530 of delivery.
531 6. This paragraph does not preclude or limit the ability of
532 the insurer to assert that the claim was unrelated, was not
533 medically necessary, or was unreasonable or that the amount of
534 the charge was in excess of that permitted under, or is in
535 violation of, subsection (6). Such assertion may be made at any
536 time, including after payment of the claim or after the 30-day
537 period for payment specified in this paragraph.
538 (c) All overdue payments bear simple interest at the rate
539 established under s. 55.03 or the rate established in the
540 insurance contract, whichever is greater, for the quarter in
541 which the payment became overdue, calculated from the date the
542 insurer was furnished with written notice of the amount of
543 covered loss. Interest is due at the time payment of the overdue
544 claim is made.
545 (d) It is a violation of the Florida Insurance Code for an
546 insurer to fail to timely provide benefits as required by this
547 section with such frequency as to constitute a general business
548 practice.
549 (e) If two or more insurers are liable for paying medical
550 payments coverage benefits for the same injury to any one
551 person, the maximum payable benefits are as specified in
552 subsection (2), and the insurer paying the benefits is entitled
553 to recover from each of the other insurers an equitable pro rata
554 share of the benefits paid and expenses incurred in processing
555 the claim.
556 (f) Benefits are not due or payable to or on behalf of an
557 insured person if that person has committed, by a material act
558 or omission, insurance fraud relating to medical payments
559 coverage under his or her policy if the fraud is admitted to in
560 a sworn statement by the insured or established in a court of
561 competent jurisdiction. Any insurance fraud voids all coverage
562 arising from the claim related to such fraud under the medical
563 payments coverage of the insured person who committed the fraud,
564 regardless of whether a portion of the insured person’s claim
565 may be legitimate, and any benefits paid before the discovery of
566 the fraud is recoverable by the insurer in its entirety from the
567 person who committed insurance fraud. The prevailing party is
568 entitled to its costs and attorney fees in any action in which
569 it prevails in an insurer’s action to enforce its right of
570 recovery under this paragraph.
571 (g) If an insurer has a reasonable belief that a fraudulent
572 insurance act, for the purposes of s. 626.989 or s. 817.234, has
573 been committed, the insurer must notify the claimant in writing
574 and within 30 days after submission of the claim that the claim
575 is being investigated for suspected fraud. Beginning at the end
576 of the initial 30-day period, the insurer has an additional 60
577 days to conduct its fraud investigation. No later than 90 days
578 after the submission of the claim, the insurer shall deny the
579 claim or pay the claim with simple interest as provided in
580 paragraph (c). Interest is assessed from the day the claim is
581 submitted until the day the claim is paid. All claims denied for
582 suspected fraudulent insurance acts shall be reported to the
583 Division of Investigative and Forensic Services.
584 (h) An insurer shall create and maintain for each insured a
585 log of medical payments benefits paid by the insurer on behalf
586 of the insured. The insurer shall provide to the insured a copy
587 of the log within 30 days after receiving a request for the log
588 from the insured.
589 (6) CHARGES FOR CARE OF INJURED PERSONS.—
590 (a) A physician, hospital, clinic, or other person or
591 institution lawfully providing medical care to an injured person
592 for a bodily injury covered by medical payments coverage may
593 charge the insurer and injured party only a reasonable amount
594 pursuant to this section for the medical care provided, and the
595 insurer providing such coverage may pay such charges directly to
596 such person or institution lawfully providing such medical care
597 if the insured receiving such care, or his or her guardian, has
598 countersigned the properly completed invoice, bill, or claim
599 form approved by the office upon which such charges are to be
600 paid for as having actually been provided, to the best knowledge
601 of the insured or his or her guardian. However, such charges may
602 not exceed the amount the person or institution customarily
603 charges for like medical care. In determining whether a charge
604 for a particular service, treatment, supply, or prescription is
605 reasonable, consideration may be given to evidence of usual and
606 customary charges and payments accepted by the provider involved
607 in the dispute; reimbursement levels in the community and
608 various federal and state medical fee schedules applicable to
609 motor vehicle and other insurance coverages; and other
610 information relevant to the reasonableness of the reimbursement
611 for the service, treatment, supply, or prescription.
612 1. The insurer may limit reimbursement to the following
613 schedule of maximum charges:
614 a. For emergency transport and treatment by providers
615 licensed under chapter 401, 200 percent of Medicare.
616 b. For emergency services and care provided by a hospital
617 licensed under chapter 395, 75 percent of the hospital’s usual
618 and customary charges.
619 c. For emergency services and care, as defined in s.
620 395.002, provided in a facility licensed under chapter 395 and
621 rendered by a physician or dentist, and related hospital
622 inpatient services rendered by a physician or dentist, the usual
623 and customary charges in the community.
624 d. For hospital inpatient services other than emergency
625 services and care, 200 percent of the Medicare Part A
626 prospective payment applicable to the specific hospital
627 providing the inpatient services.
628 e. For hospital outpatient services other than emergency
629 services and care, 200 percent of the Medicare Part A Ambulatory
630 Payment Classification for the specific hospital providing the
631 outpatient services.
632 f. For all other medical services, supplies, and care, 200
633 percent of the allowable amount under:
634 (I) The participating physician’s fee schedule of Medicare
635 Part B, except as provided in sub-sub-subparagraphs (II) and
636 (III).
637 (II) Medicare Part B, in the case of services, supplies,
638 and care provided by ambulatory surgical centers and clinical
639 laboratories.
640 (III) The Durable Medical Equipment Prosthetics/Orthotics
641 and Supplies fee schedule of Medicare Part B, in the case of
642 durable medical equipment.
643
644 However, if such services, supplies, or care is not reimbursable
645 under Medicare Part B as provided in this sub-subparagraph, the
646 insurer may limit reimbursement to 80 percent of the maximum
647 reimbursable allowance under workers’ compensation. Services,
648 supplies, or care that is not reimbursable under Medicare or
649 workers’ compensation is not required to be reimbursed by the
650 insurer.
651 2. For purposes of subparagraph 1., the applicable fee
652 schedule or payment limitation under Medicare is the fee
653 schedule or payment limitation in effect on March 1 of the
654 service year in which the services, supplies, or care is
655 rendered and for the area in which such services, supplies, or
656 care is rendered. The applicable fee schedule or payment
657 limitation applies to services, supplies, or care rendered
658 during that service year notwithstanding any subsequent change
659 made to the fee schedule or payment limitation; however, it may
660 not be less than the allowable amount under the applicable
661 schedule of Medicare Part B for 2007 for medical services,
662 supplies, and care subject to Medicare Part B. For purposes of
663 this subparagraph, the term “service year” means the period from
664 March 1 through the end of February of the following year.
665 3. For purposes of subparagraph 1., the applicable fee
666 schedule or payment limitation under workers’ compensation is
667 determined under s. 440.13 and rules adopted thereunder which
668 are in effect at the time such services, supplies, or care is
669 provided.
670 4. Subparagraph 1. does not authorize the insurer to apply
671 any limitation on the number of treatments or other utilization
672 limits that apply under Medicare or workers’ compensation. An
673 insurer that applies the allowable payment limitations of
674 subparagraph 1. must reimburse a provider who lawfully provided
675 medical care under the scope of his or her license, regardless
676 of whether the provider is entitled to reimbursement under
677 Medicare or workers’ compensation due to restrictions or
678 limitations on the types or discipline of health care providers
679 who may be reimbursed for particular procedures or procedure
680 codes. However, subparagraph 1. does not prohibit an insurer
681 from using the Medicare coding policies and payment
682 methodologies of the federal Centers for Medicare and Medicaid
683 Services, including applicable modifiers, to determine the
684 appropriate amount of reimbursement for medical services,
685 supplies, or care, if the coding policy or payment methodology
686 does not constitute a utilization limit.
687 5. If an insurer limits payment as authorized by
688 subparagraph 1., the person providing such medical care may not
689 bill or attempt to collect from the insured any amount in excess
690 of such limits, except for amounts that are not covered by the
691 insured’s medical payments coverage due to the maximum policy
692 limits.
693 6. An insurer may limit payment as authorized by this
694 paragraph only if the insurance policy includes a notice at the
695 time of issuance or renewal that the insurer may limit payment
696 pursuant to the schedule of charges specified in this paragraph.
697 A policy form approved by the office satisfies this requirement.
698 If a provider submits a charge for an amount less than the
699 amount allowed under subparagraph 1., the insurer may pay the
700 amount of the charge submitted.
701 (b)1. An insurer or insured is not required to pay a claim
702 or charges:
703 a. Made by a broker or by a person making a claim on behalf
704 of a broker;
705 b. For any service or treatment that was not lawful at the
706 time rendered;
707 c. To any person who knowingly submits a false or
708 misleading statement relating to the claim or charges;
709 d. With respect to a bill or statement that does not
710 substantially meet the applicable requirements of paragraph (d);
711 e. For medical care billed by a physician and not provided
712 in a hospital unless such care is rendered by the physician or
713 is incident to his or her professional services and is included
714 on the physician’s bill, including documentation verifying that
715 the physician is responsible for the medical care that was
716 rendered and billed; or
717 f. For any treatment or service that is upcoded or that is
718 unbundled when such treatment or services should be bundled. To
719 facilitate prompt payment of lawful services, an insurer may
720 change codes that it determines have been improperly or
721 incorrectly upcoded or unbundled and may make payment based on
722 the changed codes, without affecting the right of the provider
723 to dispute the change by the insurer, if, before doing so, the
724 insurer contacts the health care provider and discusses the
725 reasons for the insurer’s change and the health care provider’s
726 reason for the coding, or makes a reasonable good faith effort
727 to do so, as documented in the insurer’s file.
728 2. The Department of Health, in consultation with the
729 appropriate professional licensing boards, shall adopt by rule a
730 list of diagnostic tests deemed not to be medically necessary
731 for use in the treatment of persons sustaining bodily injury
732 covered by medical payments benefits under this section. The
733 list must be revised from time to time as determined by the
734 Department of Health in consultation with the respective
735 professional licensing boards. Inclusion of a test on the list
736 must be based on a lack of demonstrated medical value and a
737 level of general acceptance by the relevant provider community
738 and may not be dependent on results entirely upon subjective
739 patient response. Notwithstanding its inclusion on a fee
740 schedule in this subsection, an insurer or insured is not
741 required to pay any charges or reimburse claims for an invalid
742 diagnostic test as determined by the Department of Health.
743 (c) With respect to any medical care other than medical
744 services billed by a hospital or other provider for emergency
745 services and care, as defined in s. 395.002, or inpatient
746 services rendered at a hospital-owned facility, the statement of
747 charges must be furnished to the insurer by the provider. The
748 statement may not include, and the insurer is not required to
749 pay, charges for treatment or services rendered more than 35
750 days before the postmark date or electronic transmission date of
751 the statement, except for past due amounts previously billed on
752 a timely basis under this paragraph and except that, if the
753 provider submits to the insurer a notice of initiation of
754 treatment within 21 days after its first examination or
755 treatment of the claimant, the statement may include charges for
756 treatment or services rendered up to, but not more than, 75 days
757 before the postmark date of the statement. The injured party is
758 not liable for, and the provider may not bill the injured party
759 for, charges that are unpaid because of the provider’s failure
760 to comply with this paragraph. Any agreement requiring the
761 injured person or insured to pay for such charges is
762 unenforceable.
763 1. If the insured fails to furnish the provider with the
764 correct name and address of the insured’s medical payments
765 coverage insurer, the provider has 35 days from the date the
766 provider obtains the correct information to furnish the insurer
767 with a statement of the charges. The insurer is not required to
768 pay for such charges unless the provider includes with the
769 statement documentary evidence that was provided by the insured
770 during the 35-day period demonstrating that the provider
771 reasonably relied on erroneous information from the insured, and
772 either:
773 a. A denial letter from the incorrect insurer; or
774 b. Proof of mailing, which may include an affidavit under
775 penalty of perjury, reflecting timely mailing to the incorrect
776 address or insurer.
777 2. For emergency services and care rendered in a hospital
778 emergency department or for transport and treatment rendered by
779 an ambulance provider licensed pursuant to part III of chapter
780 401, the provider is not required to furnish the statement of
781 charges within the time periods established by this paragraph,
782 and the insurer is not deemed to have been furnished with notice
783 of the amount of covered loss for purposes of paragraph (5)(b)
784 until it receives a statement, or a copy thereof, complying with
785 paragraph (d) which specifically identifies the place of service
786 to be a hospital emergency department or an ambulance in
787 accordance with billing standards recognized by the federal
788 Centers for Medicare and Medicaid Services.
789 (d) All statements and bills for medical services rendered
790 by a physician, hospital, clinic, or other person or institution
791 must be submitted to the insurer on a properly completed Centers
792 for Medicare and Medicaid Services Form CMS-1500, a UB-92 form,
793 or any other standard form approved by the office and adopted by
794 the commission for purposes of this paragraph. All billings for
795 such services rendered by providers must, to the extent
796 applicable, comply with the Form CMS-1500 instructions, the
797 codes established by the American Medical Association (AMA)
798 Current Procedural Terminology Editorial Panel, and the
799 Healthcare Common Procedure Coding System (HCPCS) and must
800 follow the Physicians’ Current Procedural Terminology (CPT), the
801 HCPCS in effect for the year in which services are rendered, and
802 the International Classification of Diseases (ICD) adopted by
803 the United States Department of Health and Human Services in
804 effect for the year in which services are rendered. All
805 providers, other than hospitals, must include on the applicable
806 claim form the professional license number of the provider in
807 the line or space provided for “Signature of Physician or
808 Supplier, Including Degrees or Credentials.” The guidance for
809 determining compliance with applicable CPT and HCPCS coding must
810 be provided by the CPT or the HCPCS in effect for the year in
811 which services were rendered, the Office of the Inspector
812 General, Physicians Compliance Guidelines, and other
813 authoritative treatises designated by rule by the Agency for
814 Health Care Administration. A statement of medical services may
815 not include charges for medical services of a person or entity
816 that performed such services without possessing the valid
817 licenses required to perform such services. For purposes of
818 paragraph (5)(b), an insurer is not considered to have been
819 furnished with notice of the amount of covered loss or medical
820 bills due unless the statements or bills comply with this
821 paragraph and are properly completed in their entirety as to all
822 material provisions, with all relevant information being
823 provided therein.
824 (e)1. At the initial treatment or service provided, each
825 physician, other licensed professional, clinic, or other medical
826 institution providing medical services upon which a claim for
827 medical payments coverage benefits is based shall require the
828 insured person or his or her guardian to execute a disclosure
829 and acknowledgment form that reflects at a minimum that:
830 a. The insured, or his or her guardian, must countersign
831 the form attesting to the fact that the services set forth
832 therein were actually rendered;
833 b. The insured, or his or her guardian, has both the right
834 and affirmative duty to confirm that the services were actually
835 rendered;
836 c. The insured, or his or her guardian, was not solicited
837 by any person to seek any services from the medical provider;
838 d. The physician, other licensed professional, clinic, or
839 other medical institution rendering services for which payment
840 is being claimed explained the services to the insured or his or
841 her guardian; and
842 e. If the insured notifies the insurer in writing of a
843 billing error, the insured may be entitled to a certain
844 percentage of a reduction in the amounts paid by the insured’s
845 motor vehicle insurer.
846 2. The physician, other licensed professional, clinic, or
847 other medical institution rendering services for which payment
848 is being claimed has the affirmative duty to explain to the
849 insured or to his or her guardian the services rendered, so that
850 the insured or his or her guardian countersigns the form with
851 informed consent.
852 3. A countersignature by the insured or his or her guardian
853 is not required for the reading of diagnostic tests or other
854 services that are of such a nature that they are not required to
855 be performed in the presence of the insured.
856 4. The licensed medical professional rendering treatment
857 for which payment is being claimed shall sign, by his or her own
858 hand, the form complying with this paragraph.
859 5. The original completed disclosure and acknowledgment
860 form must be furnished to the insurer pursuant to paragraph
861 (5)(b) and may not be electronically furnished.
862 6. The disclosure and acknowledgment form is not required
863 for emergency services and care as defined in s. 395.002 which
864 are billed by a provider and which are rendered in a hospital
865 emergency department, or for transport and treatment rendered by
866 an ambulance provider licensed pursuant to part III of chapter
867 401.
868 7. The commission shall adopt by rule a standard disclosure
869 and acknowledgment form to be used to fulfill the requirements
870 of this paragraph.
871 8. As used in this paragraph, the terms “countersign” and
872 “countersignature” mean a second or verifying signature, as on a
873 previously signed document. The statement “signature on file” or
874 any similar statement does not constitute a countersignature.
875 9. The requirements of this paragraph apply only with
876 respect to the initial treatment of or service rendered to the
877 insured by a provider. For subsequent treatments or service, the
878 provider must maintain a patient log signed by the patient, in
879 chronological order by date of service, which is consistent with
880 the services being rendered to the patient as claimed. The
881 requirement to maintain a patient log signed by the patient may
882 be met by a hospital that maintains medical records as required
883 by s. 395.3025 and applicable rules and that makes such records
884 available to the insurer upon request.
885 (f) Upon written notification by any person, an insurer
886 shall investigate any claim of improper billing by a physician
887 or other medical provider. The insurer shall determine if the
888 insured was properly billed for only the medical care that the
889 insured actually received. If the insurer determines that the
890 insured has been improperly billed, the insurer must notify the
891 insured, the person making the written notification, and the
892 provider of its findings and reduce the amount of payment to the
893 provider by the amount determined to be improperly billed. If a
894 reduction is made due to a written notification by any person,
895 the insurer must pay to the person 20 percent of the amount of
896 the reduction, up to $500. If the provider is arrested due to
897 the improper billing, the insurer must pay to the person 40
898 percent of the amount of the reduction, up to $500.
899 (g) An insurer may not systematically downcode with the
900 intent to deny reimbursement otherwise due. Such action
901 constitutes a material misrepresentation under s. 626.9541(1)(i)
902 2.
903 (h) An entity excluded from the definition of the term
904 “clinic” in s. 400.9905 must be deemed a clinic and must be
905 licensed under part X of chapter 400 in order to receive
906 reimbursement under medical payments coverage. However, this
907 licensing requirement does not apply to:
908 1. An entity wholly owned by a physician licensed under
909 chapter 458 or chapter 459, or by the physician and the spouse,
910 parent, child, or sibling of the physician;
911 2. An entity wholly owned by a dentist licensed under
912 chapter 466, or by the dentist and the spouse, parent, child, or
913 sibling of the dentist;
914 3. An entity wholly owned by a chiropractic physician
915 licensed under chapter 460, or by the chiropractic physician and
916 the spouse, parent, child, or sibling of the chiropractic
917 physician;
918 4. A hospital or ambulatory surgical center licensed under
919 chapter 395;
920 5. An entity that wholly owns or that is wholly owned,
921 directly or indirectly, by a hospital or hospitals licensed
922 under chapter 395;
923 6. An entity that is a clinical facility affiliated with an
924 accredited medical school at which training is provided for
925 medical students, residents, or fellows;
926 7. An entity that is certified under 42 C.F.R. part 485,
927 subpart H; or
928 8. An entity that is owned by a publicly traded
929 corporation, either directly or indirectly through its
930 subsidiaries, which has $250 million or more in total annual
931 sales of health care services provided by licensed health care
932 practitioners, if one or more of the persons responsible for the
933 operations of the entity are health care practitioners who are
934 licensed in this state and who are responsible for supervising
935 the business activities of the entity and the entity’s
936 compliance with state law for purposes of this section.
937 (7) NOTIFICATION TO INSUREDS OF RIGHTS.—
938 (a) The commission shall adopt by rule a form for
939 notification to an insured of his or her right to receive
940 medical payments coverage. Such notice must include:
941 1. A description of the benefits provided by medical
942 payments coverage, when payments are due, how benefits are
943 coordinated with other insurance benefits that the insured may
944 have, penalties and interest that may be imposed on insurers for
945 failure to make timely payments of benefits, and rights of
946 parties regarding disputes as to benefits.
947 2. The following statement in at least 12-point type:
948
949 BILLING REQUIREMENTS.—Florida law provides that with
950 respect to any treatment or services, other than
951 certain hospital and emergency services, the statement
952 of charges furnished to the insurer by the provider
953 may not include, and the insurer and the injured party
954 are not required to pay, charges for treatment or
955 services rendered more than 35 days before the
956 postmark date of the statement, except for past due
957 amounts previously billed on a timely basis and except
958 that, if the provider submits to the insurer a notice
959 of initiation of treatment within 21 days after its
960 first examination or treatment of the claimant, the
961 statement may include charges for treatment or
962 services rendered up to, but not more than, 75 days
963 before the postmark date of the statement.
964
965 3. An advisory informing the insured that, pursuant to s.
966 626.9892, the department may pay rewards of up to $25,000 to
967 persons providing information leading to the arrest and
968 conviction of persons committing crimes investigated by the
969 Division of Investigative and Forensic Services arising from
970 violations of s. 440.105, s. 624.15, s. 626.9541, s. 626.989, or
971 s. 817.234.
972 4. An advisory informing the insured that, pursuant to sub
973 subparagraph (6)(e)1.e., if the insured notifies the insurer of
974 a billing error, the insured may be entitled to a certain
975 percentage of a reduction in the amount paid by the insured’s
976 motor vehicle insurer.
977 5. A notice that solicitation of a person injured in a
978 motor vehicle crash for purposes of filing medical payments
979 coverage or tort claims could be a violation of s. 817.234, s.
980 817.505, or the rules regulating The Florida Bar and should be
981 immediately reported to the Division of Investigative and
982 Forensic Services if such conduct has taken place.
983 (b) An insurer issuing a policy in this state providing
984 medical payments coverage benefits must mail or deliver the
985 notice as specified in paragraph (a) to the named insured within
986 21 days after receiving from the insured notice of an automobile
987 accident or claim involving personal injury to an insured who is
988 covered under the policy. The office may allow an insurer
989 additional time to provide the notice specified in paragraph
990 (a), not to exceed 30 days, upon a showing by the insurer that
991 an emergency justifies an extension of time.
992 (c) The notice required by this subsection does not alter
993 or modify the terms of the insurance contract or other
994 requirements of this section.
995 (8) DISCOVERY OF FACTS ABOUT AN INJURED PERSON; DISPUTES.—
996 (a) A person making a claim under medical payments coverage
997 must, if requested by the insurer against whom the claim has
998 been made, furnish a written report of the history, condition,
999 treatment, dates, and costs of such treatment of the injured
1000 person and why the items identified by the insurer were
1001 reasonable in amount and medically necessary, together with a
1002 sworn statement that the medical care rendered was reasonable
1003 and necessary with respect to the bodily injury sustained and
1004 identifying which portion of the expenses for such medical care
1005 was incurred as a result of such bodily injury. If requested by
1006 the insurer, the person making the claim under medical payments
1007 coverage must also produce, and allow the inspection and copying
1008 of, his, her, or its records regarding the history, condition,
1009 treatment, dates, and costs of such treatment of the injured
1010 person. Such sworn statement must read as follows: “Under
1011 penalty of perjury, I declare that I have read the foregoing,
1012 and the facts alleged are true, to the best of my knowledge and
1013 belief.” A cause of action for violation of the physician
1014 patient privilege or invasion of the right of privacy may not be
1015 brought against any physician, hospital, clinic, or other
1016 medical institution complying with this section. The person
1017 requesting such records and such sworn statement shall pay all
1018 reasonable costs connected therewith. If an insurer makes a
1019 written request for documentation or information under this
1020 paragraph within 30 days after having received notice of the
1021 amount of a covered loss under paragraph (5)(b), the amount or
1022 the partial amount that is the subject of the insurer’s inquiry
1023 is overdue if the insurer does not pay in accordance with
1024 paragraph (5)(b) or within 10 days after the insurer’s receipt
1025 of the requested documentation or information, whichever occurs
1026 later. As used in this paragraph, the term “receipt” includes,
1027 but is not limited to, inspection and copying pursuant to this
1028 paragraph. An insurer that requests documentation or information
1029 pertaining to reasonableness of charges or medical necessity
1030 under this paragraph without a reasonable basis for such
1031 requests as a general business practice is engaging in an unfair
1032 trade practice under the Florida Insurance Code.
1033 (b) In the event of a dispute regarding an insurer’s right
1034 to discovery of facts under this section, the insurer may
1035 petition a court of competent jurisdiction to enter an order
1036 permitting such discovery. The order may be made only on motion
1037 for good cause shown and upon notice to all persons having an
1038 interest and must specify the time, place, manner, conditions,
1039 and scope of the discovery. In order to protect against
1040 annoyance, embarrassment, or oppression, as justice requires,
1041 the court may enter an order refusing discovery or specifying
1042 conditions of discovery and may order payment of costs and
1043 expenses of the proceeding, including reasonable fees for the
1044 appearance of attorneys at the proceedings, as justice requires.
1045 (c) Upon request, the injured person must be furnished a
1046 copy of all information obtained by the insurer under this
1047 section, and pay a reasonable charge, if required by the
1048 insurer.
1049 (d) An insured may not unreasonably withhold notice to an
1050 insurer of the existence of a claim.
1051 (e) In a dispute between the insured and the insurer, or
1052 between an assignee of the insured’s rights and the insurer,
1053 upon request, the insurer must notify the insured or the
1054 assignee that the policy limits under this section have been
1055 reached within 15 days after the limits have been reached.
1056 (f) In any civil action to recover medical payments
1057 benefits brought against an insurer by a claimant pursuant to
1058 this section, all claims related to the same health care
1059 provider for the same injured person must be brought in one
1060 action, unless good cause is shown why such claims should be
1061 brought separately.
1062 (g) An insured seeking medical payments coverage benefits,
1063 including an omnibus insured, must comply with the terms of the
1064 policy, which include, but are not limited to, submitting to an
1065 examination under oath. The scope of questioning during the
1066 examination under oath is limited to relevant information or
1067 information that could reasonably be expected to lead to
1068 relevant information. Compliance with this paragraph is a
1069 condition precedent to receiving benefits. An insurer that, as a
1070 general business practice as determined by the office, requests
1071 an examination under oath of an insured or an omnibus insured
1072 without a reasonable basis is subject to s. 626.9541.
1073 (9) MENTAL AND PHYSICAL EXAMINATION OF INJURED PERSON;
1074 REPORTS.—
1075 (a) Whenever the mental or physical condition of an injured
1076 person covered by medical payments coverage is material to any
1077 claim that has been or may be made for past or future medical
1078 payments coverage benefits, such person must, upon the request
1079 of an insurer, submit to a mental or physical examination by a
1080 physician or physicians. The costs of any examination requested
1081 by an insurer must be borne entirely by the insurer. Such
1082 examination must be conducted within the municipality where the
1083 insured is receiving treatment; in a location reasonably
1084 accessible to the insured, which, for purposes of this
1085 paragraph, means any location within the municipality in which
1086 the insured resides; or any location within 10 miles by road of
1087 the insured’s residence, if such location is within the county
1088 in which the insured resides. If the examination is to be
1089 conducted in a location reasonably accessible to the insured and
1090 if there is no qualified physician to conduct the examination in
1091 a location reasonably accessible to the insured, such
1092 examination must be conducted in an area of the closest
1093 proximity to the insured’s residence. Insurers may include
1094 reasonable provisions in medical payments coverage insurance
1095 policies for mental and physical examination of those claiming
1096 medical payments coverage insurance benefits. An insurer may not
1097 withdraw payment of a treating physician without the consent of
1098 the injured person covered by medical payments coverage unless
1099 the insurer first obtains a valid report by a Florida physician
1100 licensed under the same chapter as the treating physician whose
1101 treatment authorization is sought to be withdrawn, stating that
1102 treatment was not reasonable, related, or necessary. For
1103 purposes of this paragraph, a valid report is one that is
1104 prepared and signed by the physician examining the injured
1105 person or reviewing the treatment records of the injured person;
1106 that is factually supported by the examination and treatment
1107 records, if reviewed; and that has not been modified by anyone
1108 other than the physician. The physician preparing the report
1109 must be in active practice unless the physician is physically
1110 disabled. As used in this paragraph, the term “active practice”
1111 means that during the 3 years immediately preceding the date of
1112 the physical examination or review of the treatment records, the
1113 physician must have devoted professional time to the active
1114 clinical practice of evaluation, diagnosis, or treatment of
1115 medical conditions, or to the instruction of students in an
1116 accredited health professional school or accredited residency
1117 program, or a clinical research program that is affiliated with
1118 an accredited health professional school, a teaching hospital,
1119 or an accredited residency program. The physician preparing a
1120 report at the request of an insurer and the physicians rendering
1121 expert opinions on behalf of persons claiming medical payments
1122 coverage benefits, or on behalf of an insured through an
1123 attorney or another entity, shall maintain, for at least 3
1124 years, copies of all examination reports as medical records and
1125 shall maintain, for at least 3 years, records of all payments
1126 for the examinations and reports. An insurer or any person
1127 acting at the direction of or on behalf of an insurer may not
1128 materially change an opinion in a report prepared under this
1129 paragraph or direct the physician preparing the report to change
1130 such opinion. The denial of a payment as the result of such a
1131 changed opinion constitutes a material misrepresentation under
1132 s. 626.9541(1)(i)2.; however, this provision does not preclude
1133 the insurer from calling to the attention of the physician
1134 errors of fact in the report based upon information in the claim
1135 file.
1136 (b) If requested by the person examined, a party causing an
1137 examination to be made shall deliver to him or her a copy of
1138 every written report concerning the examination rendered by an
1139 examining physician, at least one of which reports must set out
1140 the examining physician’s findings and conclusions in detail.
1141 After such request and delivery, the party causing the
1142 examination to be made is entitled, upon request, to receive
1143 from the person examined every written report available to him
1144 or her or his or her representative concerning any examination,
1145 previously or thereafter made, of the same mental or physical
1146 condition. By requesting and obtaining a report of the
1147 examination so ordered, or by taking the deposition of the
1148 examiner, the person examined waives any privilege he or she may
1149 have, in relation to the claim for benefits, regarding the
1150 testimony of every other person who has examined, or may
1151 thereafter examine, him or her in respect to the same mental or
1152 physical condition. If a person unreasonably refuses to submit
1153 to, or fails to appear at, an examination, the personal injury
1154 protection carrier is no longer liable for subsequent personal
1155 injury protection benefits. An insured’s refusal to submit to or
1156 failure to appear at two examinations raises a rebuttable
1157 presumption that the insured’s refusal or failure was
1158 unreasonable.
1159 (10) APPLICABILITY OF PROVISION REGULATING ATTORNEY FEES.
1160 With respect to any dispute under this section between the
1161 insured and the insurer or between an assignee of an insured’s
1162 rights and the insurer, ss. 627.428 and 768.79 apply except as
1163 provided in subsections (11) and (12) and except that any
1164 attorney fees recovered must:
1165 (a) Comply with prevailing professional standards;
1166 (b) Not overstate or inflate the number of hours reasonably
1167 necessary for a case of comparable skill or complexity; and
1168 (c) Represent legal services that are reasonable and
1169 necessary to achieve the result obtained.
1170
1171 Upon request by either party, a judge must make written
1172 findings, substantiated by evidence presented at trial or any
1173 hearings associated therewith, that any award of attorney fees
1174 complies with this subsection. Notwithstanding s. 627.428,
1175 attorney fees recovered under this section must be calculated
1176 without regard to a contingency risk multiplier.
1177 (11) DEMAND LETTER.—
1178 (a) As a condition precedent to filing any action for
1179 benefits under this section, written notice of an intent to
1180 initiate litigation must be provided to the insurer. Such notice
1181 may not be sent until the claim is overdue, including any
1182 additional time the insurer has to pay the claim pursuant to
1183 paragraph (5)(b).
1184 (b) The notice must state with specificity:
1185 1. “This is a demand letter under s. 627.7265, Florida
1186 Statutes.”
1187 2. The name of the insured for whom such benefits are being
1188 sought, including a copy of the assignment giving rights to the
1189 claimant if the claimant is not the insured.
1190 3. The claim number or policy number upon which the claim
1191 was originally submitted to the insurer.
1192 4. To the extent applicable, the name of any medical
1193 provider who rendered to an insured the treatment, services,
1194 accommodations, or supplies that form the basis of such claim;
1195 and an itemized statement specifying each exact amount, the date
1196 of treatment, service, or accommodation, and the type of benefit
1197 claimed to be due. To the extent that the demand involves an
1198 insurer’s withdrawal of payment for future treatment not yet
1199 rendered, the claimant shall attach a copy of the insurer’s
1200 notice withdrawing such payment and an itemized statement of the
1201 type, frequency, and duration of future treatment claimed to be
1202 reasonable and medically necessary.
1203 (c) Each notice required by this subsection must be
1204 delivered to the insurer by certified or registered mail, return
1205 receipt requested. Such postal costs must be reimbursed by the
1206 insurer, if requested by the claimant in the notice, when the
1207 insurer pays the claim. Such notice must be sent to the person
1208 and address specified by the insurer for the purposes of
1209 receiving notices under this subsection. Each licensed insurer,
1210 whether domestic, foreign, or alien, shall file with the office
1211 the name and address of the designated person to whom notices
1212 must be sent, which the office shall make available on its
1213 website. The person whose name and address is on file with the
1214 office pursuant to s. 624.422 is deemed the authorized
1215 representative to accept notice pursuant to this subsection if
1216 no other designation has been made.
1217 (d) If, within 30 days after receipt of notice by the
1218 insurer, the overdue claim specified in the notice is paid by
1219 the insurer together with applicable interest and a penalty of
1220 10 percent of the overdue amount paid by the insurer, subject to
1221 a maximum penalty of $250, an action may not be brought against
1222 the insurer. If the demand involves an insurer’s withdrawal of
1223 payment for future treatment not yet rendered, an action may not
1224 be brought against the insurer if, within 30 days after its
1225 receipt of the notice, the insurer mails to the person filing
1226 the notice a written statement of the insurer’s agreement to pay
1227 for such treatment in accordance with the notice and to pay a
1228 penalty of 10 percent, subject to a maximum penalty of $250,
1229 when it pays for such future treatment in accordance with the
1230 requirements of this section. To the extent the insurer
1231 determines not to pay any amount demanded, the penalty is not
1232 payable in any subsequent action. For purposes of this
1233 subsection, payment or the insurer’s agreement must be treated
1234 as being made on the date a draft or other valid instrument that
1235 is equivalent to payment, or the insurer’s written statement of
1236 agreement, is placed in the United States mail in a properly
1237 addressed, postpaid envelope or, if not so posted, on the date
1238 of delivery. The insurer is not obligated to pay any attorney
1239 fees if the insurer pays the claim or mails its agreement to pay
1240 for future treatment within the time prescribed by this
1241 subsection.
1242 (e) The applicable statute of limitation for an action
1243 under this section is tolled for 30 business days by the mailing
1244 of the notice required by this subsection.
1245 (12) ALL CLAIMS BROUGHT IN A SINGLE ACTION.—In any civil
1246 action to recover medical payments coverage benefits brought by
1247 a claimant pursuant to this section against an insurer, all
1248 claims related to the same health care provider for the same
1249 injured person must be brought in one action unless good cause
1250 is shown why such claims should be brought separately. If the
1251 court determines that a civil action is filed for a claim that
1252 should have been brought in a prior civil action, the court may
1253 not award attorney fees to the claimant.
1254 (13) FAILURE TO PAY VALID CLAIMS; UNFAIR OR DECEPTIVE
1255 PRACTICE.—
1256 (a) An insurer is engaging in a prohibited unfair or
1257 deceptive practice that is subject to the penalties provided in
1258 s. 626.9521, and the office has the powers and duties specified
1259 in ss. 626.9561-626.9601, if the insurer, with such frequency so
1260 as to indicate a general business practice, fails to pay valid
1261 claims for medical payments coverage or fails to pay valid
1262 claims until receipt of the notice required under subsection
1263 (11).
1264 (b) Notwithstanding s. 501.212, the Department of Legal
1265 Affairs may investigate and initiate actions for a violation of
1266 this subsection, including, but not limited to, the powers and
1267 duties specified in part II of chapter 501.
1268 (14) CIVIL ACTION FOR INSURANCE FRAUD.—An insurer has a
1269 cause of action against any person convicted of, or who,
1270 regardless of adjudication of guilt, pleads guilty or nolo
1271 contendere to, insurance fraud under s. 817.234, patient
1272 brokering under s. 817.505, or kickbacks under s. 456.054,
1273 associated with a claim for medical payments coverage benefits
1274 in accordance with this section. An insurer prevailing in an
1275 action brought under this subsection may recover compensatory,
1276 consequential, and punitive damages subject to the requirements
1277 and limitations of part II of chapter 768 and attorney fees and
1278 costs incurred in litigating a cause of action against any
1279 person convicted of, or who, regardless of adjudication of
1280 guilt, pleads guilty or nolo contendere to, insurance fraud
1281 under s. 817.234, patient brokering under s. 817.505, or
1282 kickbacks under s. 456.054, associated with a claim for medical
1283 payments coverage benefits in accordance with this section.
1284 (15) FRAUD ADVISORY NOTICE.—Upon receiving notice of a
1285 claim under this section, an insurer shall provide a notice to
1286 the insured or to a person for whom a claim for reimbursement
1287 for diagnosis or treatment of injuries has been filed, advising
1288 that:
1289 (a) Pursuant to s. 626.9892, the department may pay rewards
1290 of up to $25,000 to persons who provide information leading to
1291 the arrest and conviction of persons committing crimes
1292 investigated by the Division of Investigative and Forensic
1293 Services arising from violations of s. 440.105, s. 624.15, s.
1294 626.9541, s. 626.989, or s. 817.234.
1295 (b) Solicitation of a person injured in a motor vehicle
1296 crash for purposes of filing medical payments coverage or tort
1297 claims could be a violation of s. 817.234, s. 817.505, or the
1298 rules regulating The Florida Bar and should be immediately
1299 reported to the Division of Investigative and Forensic Services
1300 if such conduct has taken place.
1301 (16) NONREIMBURSABLE CLAIMS.—Claims generated as a result
1302 of activities that are unlawful pursuant to s. 817.505 are not
1303 reimbursable.
1304 (17) SECURE ELECTRONIC DATA TRANSFER.—Except as otherwise
1305 provided in subparagraph (6)(e)5., a notice, documentation,
1306 transmission, or communication of any kind required or
1307 authorized under this section may be transmitted electronically
1308 if it is transmitted by secure electronic data transfer that is
1309 consistent with state and federal privacy and security laws.
1310 (18) INSURER’S RIGHT OF SUBROGATION.—
1311 (a) A medical payments insurer may include a provision in
1312 its policy which permits subrogation for medical payments
1313 benefits it paid if the expenses giving rise to the payments
1314 were caused by the wrongful act or omission of another. However,
1315 this subrogation right is inferior to the rights of the injured
1316 insured, and is available only after all the insured’s damages
1317 have been recovered and the insured has been made whole. An
1318 insured who obtains a recovery from a third party of the full
1319 amount of the damages sustained and delivers a release or
1320 satisfaction that impairs a medical payments insurer’s
1321 subrogation right is liable to the insurer for repayment of
1322 medical payments benefits, less any expenses of acquiring the
1323 recovery, including a prorated share of attorney fees and costs,
1324 and shall hold that net recovery in trust to be delivered to the
1325 medical payments insurer.
1326 (b) The insurer does not have a right of subrogation for
1327 medical payments coverage benefits paid for the insured if the
1328 tortfeasor who caused the motor vehicle accident is also an
1329 insured under the policy that paid the medical payments
1330 benefits.
1331 Section 4. Subsection (1) of section 316.646, Florida
1332 Statutes, is amended to read:
1333 316.646 Security required; proof of security and display
1334 thereof.—
1335 (1) An owner of a motor vehicle required to be registered
1336 in this state and an operator of a motor vehicle licensed in
1337 this state Any person required by s. 324.022 to maintain
1338 property damage liability security, required by s. 324.023 to
1339 maintain liability security for bodily injury or death, or
1340 required by s. 627.733 to maintain personal injury protection
1341 security on a motor vehicle shall have in his or her immediate
1342 possession at all times while operating such motor vehicle
1343 proper proof of maintenance of the required security required
1344 under s. 324.021(7).
1345 (a) Such proof must shall be in a uniform paper or
1346 electronic format, as prescribed by the department, a valid
1347 insurance policy, an insurance policy binder, a certificate of
1348 insurance, or such other proof as may be prescribed by the
1349 department.
1350 (b)1. The act of presenting to a law enforcement officer an
1351 electronic device displaying proof of insurance in an electronic
1352 format does not constitute consent for the officer to access any
1353 information on the device other than the displayed proof of
1354 insurance.
1355 2. The person who presents the device to the officer
1356 assumes the liability for any resulting damage to the device.
1357 Section 5. Paragraphs (a) and (d) of subsection (5) of
1358 section 320.02, Florida Statutes, are amended to read:
1359 320.02 Registration required; application for registration;
1360 forms.—
1361 (5)(a) Proof that bodily injury liability coverage and
1362 property damage liability coverage personal injury protection
1363 benefits have been purchased if required under s. 324.022, s.
1364 324.032, or s. 627.742, that medical payments coverage has been
1365 purchased if required under s. 627.7265 s. 627.733, that
1366 property damage liability coverage has been purchased as
1367 required under s. 324.022, that bodily injury liability or death
1368 coverage has been purchased if required under s. 324.023, and
1369 that combined bodily liability insurance and property damage
1370 liability insurance have been purchased if required under s.
1371 627.7415 must shall be provided in the manner prescribed by law
1372 by the applicant at the time of application for registration of
1373 any motor vehicle that is subject to such requirements. The
1374 issuing agent may not shall refuse to issue registration if such
1375 proof of purchase is not provided. Insurers shall furnish
1376 uniform proof-of-purchase cards in a paper or electronic format
1377 in a form prescribed by the department and include the name of
1378 the insured’s insurance company, the coverage identification
1379 number, and the make, year, and vehicle identification number of
1380 the vehicle insured. The card must contain a statement notifying
1381 the applicant of the penalty specified under s. 316.646(4). The
1382 card or insurance policy, insurance policy binder, or
1383 certificate of insurance or a photocopy of any of these; an
1384 affidavit containing the name of the insured’s insurance
1385 company, the insured’s policy number, and the make and year of
1386 the vehicle insured; or such other proof as may be prescribed by
1387 the department constitutes shall constitute sufficient proof of
1388 purchase. If an affidavit is provided as proof, it must be in
1389 substantially the following form:
1390
1391 Under penalty of perjury, I ...(Name of insured)... do hereby
1392 certify that I have ...(bodily injury liability and Personal
1393 Injury Protection, property damage liability coverage, and
1394 medical payments coverage, and, if required, Bodily Injury
1395 Liability)... Insurance currently in effect with ...(Name of
1396 insurance company)... under ...(policy number)... covering
1397 ...(make, year, and vehicle identification number of
1398 vehicle).... ...(Signature of Insured)...
1399
1400 Such affidavit must include the following warning:
1401
1402 WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
1403 REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
1404 LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
1405 SUBJECT TO PROSECUTION.
1406
1407 If an application is made through a licensed motor vehicle
1408 dealer as required under s. 319.23, the original or a
1409 photostatic copy of such card, insurance policy, insurance
1410 policy binder, or certificate of insurance or the original
1411 affidavit from the insured must shall be forwarded by the dealer
1412 to the tax collector of the county or the Department of Highway
1413 Safety and Motor Vehicles for processing. By executing the
1414 aforesaid affidavit, a no licensed motor vehicle dealer is not
1415 will be liable in damages for any inadequacy, insufficiency, or
1416 falsification of any statement contained therein. A card must
1417 also indicate the existence of any bodily injury liability
1418 insurance voluntarily purchased.
1419 (d) The verifying of proof of personal injury protection
1420 insurance, proof of property damage liability insurance, proof
1421 of combined bodily liability insurance and property damage
1422 liability insurance, or proof of financial responsibility
1423 insurance and the issuance or failure to issue the motor vehicle
1424 registration under the provisions of this chapter may not be
1425 construed in any court as a warranty of the reliability or
1426 accuracy of the evidence of such proof, or that the provisions
1427 of any insurance policy furnished as proof of financial
1428 responsibility comply with state law. Neither The department or
1429 nor any tax collector is not liable in damages for any
1430 inadequacy, insufficiency, falsification, or unauthorized
1431 modification of any item of the proof of personal injury
1432 protection insurance, proof of property damage liability
1433 insurance, proof of combined bodily liability insurance and
1434 property damage liability insurance, or proof of financial
1435 responsibility before insurance prior to, during, or subsequent
1436 to the verification of the proof. The issuance of a motor
1437 vehicle registration does not constitute prima facie evidence or
1438 a presumption of insurance coverage.
1439 Section 6. Subsection (3) of section 320.27, Florida
1440 Statutes, is amended to read:
1441 320.27 Motor vehicle dealers.—
1442 (3) APPLICATION AND FEE.—The application for the license
1443 application must shall be in such form as may be prescribed by
1444 the department and is shall be subject to such rules with
1445 respect thereto as may be so prescribed by the department it.
1446 Such application must shall be verified by oath or affirmation
1447 and must shall contain a full statement of the name and birth
1448 date of the person or persons applying for the license therefor;
1449 the name of the firm or copartnership, with the names and places
1450 of residence of all members thereof, if such applicant is a firm
1451 or copartnership; the names and places of residence of the
1452 principal officers, if the applicant is a body corporate or
1453 other artificial body; the name of the state under whose laws
1454 the corporation is organized; the present and former place or
1455 places of residence of the applicant; and the prior business in
1456 which the applicant has been engaged and its the location
1457 thereof. The Such application must shall describe the exact
1458 location of the place of business and must shall state whether
1459 the place of business is owned by the applicant and when
1460 acquired, or, if leased, a true copy of the lease must shall be
1461 attached to the application. The applicant shall certify that
1462 the location provides an adequately equipped office and is not a
1463 residence; that the location affords sufficient unoccupied space
1464 upon and within which adequately to store all motor vehicles
1465 offered and displayed for sale; and that the location is a
1466 suitable place where the applicant can in good faith carry on
1467 such business and keep and maintain books, records, and files
1468 necessary to conduct such business, which must shall be
1469 available at all reasonable hours to inspection by the
1470 department or any of its inspectors or other employees. The
1471 applicant shall certify that the business of a motor vehicle
1472 dealer is the principal business that will which shall be
1473 conducted at that location. The application must shall contain a
1474 statement that the applicant is either franchised by a
1475 manufacturer of motor vehicles, in which case the name of each
1476 motor vehicle that the applicant is franchised to sell must
1477 shall be included, or an independent (nonfranchised) motor
1478 vehicle dealer. The application must shall contain other
1479 relevant information as may be required by the department. The
1480 applicant must furnish, including evidence, in a form approved
1481 by the department, that the applicant is insured under a garage
1482 liability insurance policy or a general liability insurance
1483 policy coupled with a business automobile policy with the
1484 liability coverage required by this subsection, which shall
1485 include, at a minimum, $25,000 combined single-limit liability
1486 coverage including bodily injury and property damage protection
1487 and $10,000 personal injury protection. However, a salvage motor
1488 vehicle dealer as defined in subparagraph (1)(c)5. is exempt
1489 from the requirements for garage liability insurance and medical
1490 payments coverage insurance and personal injury protection
1491 insurance on those vehicles that cannot be legally operated on
1492 roads, highways, or streets in this state. Franchise dealers
1493 must submit a garage liability insurance policy, and all other
1494 dealers must submit a garage liability insurance policy or a
1495 general liability insurance policy coupled with a business
1496 automobile policy. Such policy must shall be for the license
1497 period and must include, at a minimum, $70,000 combined single
1498 limit bodily injury and property damage liability coverage that
1499 conforms to the requirements of s. 324.151., and Evidence of a
1500 new or continued policy must shall be delivered to the
1501 department at the beginning of each license period. Upon making
1502 an initial application, the applicant shall pay to the
1503 department a fee of $300 in addition to any other fees required
1504 by law. Applicants may choose to extend the licensure period for
1505 1 additional year for a total of 2 years. An initial applicant
1506 shall pay to the department a fee of $300 for the first year and
1507 $75 for the second year, in addition to any other fees required
1508 by law. An applicant for renewal shall pay to the department $75
1509 for a 1-year renewal or $150 for a 2-year renewal, in addition
1510 to any other fees required by law. Upon making an application
1511 for a change of location, the applicant person shall pay a fee
1512 of $50 in addition to any other fees now required by law. The
1513 department shall, in the case of every application for initial
1514 licensure, verify whether certain facts set forth in the
1515 application are true. Each applicant, general partner in the
1516 case of a partnership, or corporate officer and director in the
1517 case of a corporate applicant, shall must file a set of
1518 fingerprints with the department for the purpose of determining
1519 any prior criminal record or any outstanding warrants. The
1520 department shall submit the fingerprints to the Department of
1521 Law Enforcement for state processing and forwarding to the
1522 Federal Bureau of Investigation for federal processing. The
1523 actual cost of state and federal processing must shall be borne
1524 by the applicant and is in addition to the fee for licensure.
1525 The department may issue a license to an applicant pending the
1526 results of the fingerprint investigation, which license is fully
1527 revocable if the department subsequently determines that any
1528 facts set forth in the application are not true or correctly
1529 represented.
1530 Section 7. Paragraph (j) of subsection (3) of section
1531 320.771, Florida Statutes, is amended to read:
1532 320.771 License required of recreational vehicle dealers.—
1533 (3) APPLICATION.—The application for such license shall be
1534 in the form prescribed by the department and subject to such
1535 rules as may be prescribed by it. The application shall be
1536 verified by oath or affirmation and shall contain:
1537 (j) A statement that the applicant is insured under a
1538 garage liability insurance policy, which must shall include, at
1539 a minimum, $70,000 $25,000 combined single-limit bodily injury
1540 and property liability coverage, including bodily injury and
1541 property damage protection, and $10,000 personal injury
1542 protection, if the applicant is to be licensed as a dealer in,
1543 or intends to sell, recreational vehicles.
1544
1545 The department shall, if it deems necessary, cause an
1546 investigation to be made to ascertain if the facts set forth in
1547 the application are true and shall not issue a license to the
1548 applicant until it is satisfied that the facts set forth in the
1549 application are true.
1550 Section 8. Section 324.011, Florida Statutes, is amended to
1551 read:
1552 324.011 Legislative intent and purpose of chapter.—It is
1553 the intent of this chapter to ensure that the privilege of
1554 owning or operating a motor vehicle in this state be exercised
1555 recognize the existing privilege to own or operate a motor
1556 vehicle on the public streets and highways of this state when
1557 such vehicles are used with due consideration for others’ safety
1558 others and their property, and to promote safety, and to provide
1559 financial security requirements for such owners and or operators
1560 whose responsibility it is to recompense others for injury to
1561 person or property caused by the operation of a motor vehicle.
1562 Therefore, this chapter requires that owners and operators of
1563 motor vehicles establish, maintain, and it is required herein
1564 that the operator of a motor vehicle involved in a crash or
1565 convicted of certain traffic offenses meeting the operative
1566 provisions of s. 324.051(2) shall respond for such damages and
1567 show proof of financial ability to respond for damages arising
1568 out of the ownership, maintenance, or use of a motor vehicle in
1569 future accidents as a requisite to owning or operating a motor
1570 vehicle in this state his or her future exercise of such
1571 privileges.
1572 Section 9. Subsections (1) and (7) and paragraph (c) of
1573 subsection (9) of section 324.021, Florida Statutes, are
1574 amended, and subsection (12) is added to that section, to read:
1575 324.021 Definitions; minimum insurance required.—The
1576 following words and phrases when used in this chapter shall, for
1577 the purpose of this chapter, have the meanings respectively
1578 ascribed to them in this section, except in those instances
1579 where the context clearly indicates a different meaning:
1580 (1) MOTOR VEHICLE.—Every self-propelled vehicle that which
1581 is designed and required to be licensed for use upon a highway,
1582 including trailers and semitrailers designed for use with such
1583 vehicles, except traction engines, road rollers, farm tractors,
1584 power shovels, and well drillers, and every vehicle that which
1585 is propelled by electric power obtained from overhead wires but
1586 not operated upon rails, but not including any bicycle or moped.
1587 However, the term “motor vehicle” shall not include any motor
1588 vehicle as defined in s. 627.732(3) when the owner of such
1589 vehicle has complied with the requirements of ss. 627.730
1590 627.7405, inclusive, unless the provisions of s. 324.051 apply;
1591 and, in such case, the applicable proof of insurance provisions
1592 of s. 320.02 apply.
1593 (7) PROOF OF FINANCIAL RESPONSIBILITY.—That Proof of
1594 ability to respond in damages for liability on account of
1595 crashes arising out of the ownership, maintenance, or use of a
1596 motor vehicle:
1597 (a) With respect to a motor vehicle that is not a
1598 commercial motor vehicle, nonpublic sector bus, or for-hire
1599 passenger transportation vehicle:
1600 1. Beginning on the effective date of this act, and
1601 continuing through December 31, 2019, in the amount of:
1602 a. Twenty thousand dollars for $10,000 because of bodily
1603 injury to, or the death of, one person in any one crash and,;
1604 (b) subject to such limits for one person, in the amount of
1605 $40,000 for $20,000 because of bodily injury to, or the death
1606 of, two or more persons in any one crash; and
1607 b. Ten thousand dollars for damage to, or destruction of,
1608 property of others in any one crash.
1609 2. Beginning January 1, 2020, and continuing through
1610 December 31, 2021, in the amount of:
1611 a. Twenty-five thousand dollars for bodily injury to, or
1612 the death of, one person in any one crash and, subject to such
1613 limits for one person, in the amount of $50,000 for bodily
1614 injury to, or the death of, two or more persons in any one
1615 crash; and
1616 b. Ten thousand dollars for damage to, or destruction of,
1617 property of others in any one crash.
1618 3. Beginning January 1, 2022, and continuing thereafter, in
1619 the amount of:
1620 a. Thirty thousand dollars for bodily injury to, or the
1621 death of, one person in any one crash and, subject to such
1622 limits for one person, in the amount of $60,000 for bodily
1623 injury to, or the death of, two or more persons in any one
1624 crash; and
1625 b.(c) Ten thousand dollars for damage In the amount of
1626 $10,000 because of injury to, or destruction of, property of
1627 others in any one crash.; and
1628 (b)(d) With respect to commercial motor vehicles and
1629 nonpublic sector buses, in the amounts specified in s. 627.7415
1630 ss. 627.7415 and 627.742, respectively.
1631 (c) With respect to nonpublic sector buses, in the amounts
1632 specified in s. 627.742.
1633 (d) With respect to for-hire passenger transportation
1634 vehicles, in the amounts specified in s. 324.032.
1635 (9) OWNER; OWNER/LESSOR.—
1636 (c) Application.—
1637 1. The limits on liability in subparagraphs (b)2. and 3. do
1638 not apply to an owner of motor vehicles that are used for
1639 commercial activity in the owner’s ordinary course of business,
1640 other than a rental company that rents or leases motor vehicles.
1641 For purposes of this paragraph, the term “rental company”
1642 includes only an entity that is engaged in the business of
1643 renting or leasing motor vehicles to the general public and that
1644 rents or leases a majority of its motor vehicles to persons with
1645 no direct or indirect affiliation with the rental company. The
1646 term also includes a motor vehicle dealer that provides
1647 temporary replacement vehicles to its customers for up to 10
1648 days. The term “rental company” also includes:
1649 a. A related rental or leasing company that is a subsidiary
1650 of the same parent company as that of the renting or leasing
1651 company that rented or leased the vehicle.
1652 b. The holder of a motor vehicle title or an equity
1653 interest in a motor vehicle title if the title or equity
1654 interest is held pursuant to or to facilitate an asset-backed
1655 securitization of a fleet of motor vehicles used solely in the
1656 business of renting or leasing motor vehicles to the general
1657 public and under the dominion and control of a rental company,
1658 as described in this subparagraph, in the operation of such
1659 rental company’s business.
1660 2. Furthermore, with respect to commercial motor vehicles
1661 as defined in s. 207.002 or s. 320.01 s. 627.732, the limits on
1662 liability in subparagraphs (b)2. and 3. do not apply if, at the
1663 time of the incident, the commercial motor vehicle is being used
1664 in the transportation of materials found to be hazardous for the
1665 purposes of the Hazardous Materials Transportation Authorization
1666 Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is
1667 required pursuant to such act to carry placards warning others
1668 of the hazardous cargo, unless at the time of lease or rental
1669 either:
1670 a. The lessee indicates in writing that the vehicle will
1671 not be used to transport materials found to be hazardous for the
1672 purposes of the Hazardous Materials Transportation Authorization
1673 Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
1674 b. The lessee or other operator of the commercial motor
1675 vehicle has in effect insurance with limits of at least
1676 $5,000,000 combined property damage and bodily injury liability.
1677 (12) FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.—Every “for
1678 hire vehicle” as defined in s. 320.01(15) which is offered or
1679 used to provide transportation for persons, including taxicabs,
1680 limousines, and jitneys.
1681 Section 10. Section 324.022, Florida Statutes, is amended
1682 to read:
1683 324.022 Financial responsibility requirements for property
1684 damage.—
1685 (1)(a) Every owner or operator of a motor vehicle required
1686 to be registered in this state and every operator of a motor
1687 vehicle who is licensed in this state shall establish and
1688 continuously maintain the ability to respond in damages for
1689 liability on account of accidents arising out of the ownership,
1690 maintenance, or use of the motor vehicle in the amount of:
1691 1. Beginning on the effective date of this act, and
1692 continuing through December 31, 2019:
1693 a. Twenty thousand dollars for bodily injury to, or the
1694 death of, one person in any one crash and, subject to such
1695 limits for one person, in the amount of $40,000 for bodily
1696 injury to, or the death of, two or more persons in any one
1697 crash; and
1698 b. Ten thousand dollars for damage to, or destruction of,
1699 property of others in any one crash.
1700 2. Beginning January 1, 2020, and continuing through
1701 December 31, 2021:
1702 a. Twenty-five thousand dollars for bodily injury to, or
1703 the death of, one person in any one crash and, subject to such
1704 limits for one person, in the amount of $50,000 for bodily
1705 injury to, or the death of, two or more persons in any one
1706 crash; and
1707 b. Ten thousand dollars for damage to, or destruction of,
1708 property of others in any one crash.
1709 3. Beginning January 1, 2022, and continuing thereafter:
1710 a. Thirty thousand dollars for bodily injury to, or the
1711 death of, one person in any one crash and, subject to such
1712 limits for one person, in the amount of $60,000 for bodily
1713 injury to, or the death of, two or more persons in any one
1714 crash; and
1715 b. Ten thousand dollars for $10,000 because of damage to,
1716 or destruction of, property of others in any one crash.
1717 (b) The requirements of paragraph (a) this section may be
1718 met by one of the methods established in s. 324.031; by self
1719 insuring as authorized by s. 768.28(16); or by maintaining
1720 medical payments coverage under s. 627.7265 and a motor vehicle
1721 liability insurance policy that an insurance policy providing
1722 coverage for property damage liability in the amount of at least
1723 $10,000 because of damage to, or destruction of, property of
1724 others in any one accident arising out of the use of the motor
1725 vehicle. The requirements of this section may also be met by
1726 having a policy which provides combined property damage
1727 liability and bodily injury liability coverage for any one crash
1728 arising out of the ownership, maintenance, or use of a motor
1729 vehicle which conforms to the requirements of s. 324.151 in the
1730 amount of:
1731 1. At least $50,000 for every owner and operator subject to
1732 the financial responsibility required in subparagraph (1)(a)1.
1733 2. At least $60,000 for every owner and operator subject to
1734 the financial responsibility required in subparagraph (1)(a)2.
1735 3. At least $70,000 for every owner and operator subject to
1736 the financial responsibility required in subparagraph (1)(a)3.
1737 $30,000 for combined property damage liability and bodily injury
1738 liability for any one crash arising out of the use of the motor
1739 vehicle. The policy, with respect to coverage for property
1740 damage liability, must meet the applicable requirements of s.
1741 324.151, subject to the usual policy exclusions that have been
1742 approved in policy forms by the Office of Insurance Regulation.
1743 No insurer shall have any duty to defend uncovered claims
1744 irrespective of their joinder with covered claims.
1745 (2) As used in this section, the term:
1746 (a) “motor vehicle” means any self-propelled vehicle that
1747 has four or more wheels and that is of a type designed and
1748 required to be licensed for use on the highways of this state,
1749 and any trailer or semitrailer designed for use with such
1750 vehicle. The term does not include the following:
1751 (a)1. A mobile home as defined in s. 320.01.
1752 (b)2. A motor vehicle that is used in mass transit and
1753 designed to transport more than five passengers, exclusive of
1754 the operator of the motor vehicle, and that is owned by a
1755 municipality, transit authority, or political subdivision of the
1756 state.
1757 (c)3. A school bus as defined in s. 1006.25, which shall
1758 maintain security as required under s. 316.615.
1759 (d) A commercial motor vehicle as defined in s. 207.002 or
1760 s. 320.01, which shall maintain security as required under ss.
1761 324.031 and 627.7415.
1762 (e) A nonpublic sector bus, which shall maintain security
1763 as required under ss. 324.031 and 627.742.
1764 (f)4. A vehicle providing for-hire passenger transportation
1765 vehicle, which that is subject to the provisions of s. 324.031.
1766 A taxicab shall maintain security as required under s. 324.032
1767 s. 324.032(1).
1768 (b) “Owner” means the person who holds legal title to a
1769 motor vehicle or the debtor or lessee who has the right to
1770 possession of a motor vehicle that is the subject of a security
1771 agreement or lease with an option to purchase.
1772 (3) Each nonresident owner or registrant of a motor vehicle
1773 that, whether operated or not, has been physically present
1774 within this state for more than 90 days during the preceding 365
1775 days shall maintain security as required by subsection (1),
1776 which must be that is in effect continuously throughout the
1777 period the motor vehicle remains within this state.
1778 (4) An The owner or registrant of a motor vehicle who is
1779 exempt from the requirements of this section if she or he is a
1780 member of the United States Armed Forces and is called to or on
1781 active duty outside the United States in an emergency situation
1782 is exempt from this section while he or she. The exemption
1783 provided by this subsection applies only as long as the member
1784 of the Armed Forces is on such active duty. This exemption
1785 outside the United States and applies only while the vehicle
1786 covered by the security is not operated by any person. Upon
1787 receipt of a written request by the insured to whom the
1788 exemption provided in this subsection applies, the insurer shall
1789 cancel the coverages and return any unearned premium or suspend
1790 the security required by this section. Notwithstanding s.
1791 324.0221(2) s. 324.0221(3), the department may not suspend the
1792 registration or operator’s license of an any owner or registrant
1793 of a motor vehicle during the time she or he qualifies for the
1794 an exemption under this subsection. An Any owner or registrant
1795 of a motor vehicle who qualifies for the an exemption under this
1796 subsection shall immediately notify the department before prior
1797 to and at the end of the expiration of the exemption.
1798 Section 11. Section 324.031, Florida Statutes, is amended
1799 to read:
1800 324.031 Manner of proving financial responsibility.—
1801 (1) The owner or operator of a taxicab, limousine, jitney,
1802 or any other for-hire passenger transportation vehicle may prove
1803 financial responsibility by providing satisfactory evidence of
1804 holding a motor vehicle liability policy as defined in s.
1805 324.021(8) or s. 324.151, which policy is issued by an insurance
1806 carrier which is a member of the Florida Insurance Guaranty
1807 Association. The operator or owner of a motor vehicle other than
1808 a for-hire passenger transportation vehicle any other vehicle
1809 may prove his or her financial responsibility by:
1810 (a)(1) Furnishing satisfactory evidence of holding a motor
1811 vehicle liability policy as defined in ss. 324.021(8) and
1812 324.151;
1813 (b)(2) Furnishing a certificate of self-insurance showing a
1814 deposit of cash in accordance with s. 324.161; or
1815 (c)(3) Furnishing a certificate of self-insurance issued by
1816 the department in accordance with s. 324.171.
1817 (2)(a) Any person, including any firm, partnership,
1818 association, corporation, or other person, other than a natural
1819 person, electing to use the method of proof specified in
1820 paragraph (1)(b) subsection (2) shall furnish a certificate of
1821 deposit equal to the number of vehicles owned times:
1822 1. Fifty thousand dollars, to a maximum of $200,000, from
1823 January 1, 2018, through December 31, 2019.
1824 2. Sixty thousand dollars, to a maximum of $240,000, from
1825 January 1, 2020, through December 31, 2021.
1826 3. Seventy thousand dollars, $30,000, to a maximum of
1827 $280,000, from January 1, 2022, and thereafter. $120,000;
1828 (b) In addition, any such person, other than a natural
1829 person, shall maintain insurance providing coverage conforming
1830 to the requirements of s. 324.151 in excess of the amount of the
1831 certificate of deposit, with limits of at least:
1832 1. One hundred twenty-five thousand dollars for bodily
1833 injury to, or the death of, one person in any one crash and,
1834 subject to such limits for one person, in the amount of $250,000
1835 for bodily injury to, or the death of, two or more persons in
1836 any one crash, and $50,000 for damage to, or destruction of,
1837 property of others in any one crash; or $10,000/20,000/10,000 or
1838 $30,000 combined single limits, and such excess insurance shall
1839 provide minimum limits of $125,000/250,000/50,000 or $300,000
1840 combined single limits. These increased limits shall not affect
1841 the requirements for proving financial responsibility under s.
1842 324.032(1).
1843 2. Three hundred thousand dollars for combined bodily
1844 injury liability and property damage liability for any one
1845 crash.
1846 Section 12. Section 324.032, Florida Statutes, is amended
1847 to read:
1848 324.032 Manner of proving Financial responsibility for;
1849 for-hire passenger transportation vehicles.—Notwithstanding the
1850 provisions of s. 324.031:
1851 (1) An owner, lessee, or operator of a for-hire passenger
1852 transportation vehicle that is required to be registered in this
1853 state shall establish and continuously maintain the ability to
1854 respond in damages for liability on account of accidents arising
1855 out of the ownership, maintenance, or use of the for-hire
1856 passenger transportation vehicle, in the amount of:
1857 (a) One hundred twenty-five thousand dollars for bodily
1858 injury to, or the death of, one person in any one crash and,
1859 subject to such limits for one person, in the amount of $250,000
1860 for bodily injury to, or the death of, two or more persons in
1861 any one crash; and A person who is either the owner or a lessee
1862 required to maintain insurance under s. 627.733(1)(b) and who
1863 operates one or more taxicabs, limousines, jitneys, or any other
1864 for-hire passenger transportation vehicles may prove financial
1865 responsibility by furnishing satisfactory evidence of holding a
1866 motor vehicle liability policy, but with minimum limits of
1867 $125,000/250,000/50,000.
1868 (b) Fifty thousand dollars for damage to, or destruction
1869 of, property of others in any one crash A person who is either
1870 the owner or a lessee required to maintain insurance under s.
1871 324.021(9)(b) and who operates limousines, jitneys, or any other
1872 for-hire passenger vehicles, other than taxicabs, may prove
1873 financial responsibility by furnishing satisfactory evidence of
1874 holding a motor vehicle liability policy as defined in s.
1875 324.031.
1876 (2) Except as provided in subsection (3), the requirements
1877 of this section must be met by providing satisfactory evidence
1878 of holding a motor vehicle liability policy conforming to the
1879 requirements of s. 324.151 which is issued by an insurance
1880 carrier that is a member of the Florida Insurance Guaranty
1881 Association.
1882 (3)(2) An owner or a lessee who is required to maintain
1883 insurance under s. 324.021(9)(b) and who operates at least 300
1884 taxicabs, limousines, jitneys, or any other for-hire passenger
1885 transportation vehicles may provide financial responsibility by
1886 complying with the provisions of s. 324.171, such compliance to
1887 be demonstrated by maintaining at its principal place of
1888 business an audited financial statement, prepared in accordance
1889 with generally accepted accounting principles, and providing to
1890 the department a certification issued by a certified public
1891 accountant that the applicant’s net worth is at least equal to
1892 the requirements of s. 324.171 as determined by the Office of
1893 Insurance Regulation of the Financial Services Commission,
1894 including claims liabilities in an amount certified as adequate
1895 by a Fellow of the Casualty Actuarial Society.
1896
1897 Upon request by the department, the applicant shall must provide
1898 the department at the applicant’s principal place of business in
1899 this state access to the applicant’s underlying financial
1900 information and financial statements that provide the basis of
1901 the certified public accountant’s certification. The applicant
1902 shall reimburse the requesting department for all reasonable
1903 costs incurred by it in reviewing the supporting information.
1904 The maximum amount of self-insurance permissible under this
1905 subsection is $300,000 and must be stated on a per-occurrence
1906 basis, and the applicant shall maintain adequate excess
1907 insurance issued by an authorized or eligible insurer licensed
1908 or approved by the Office of Insurance Regulation. All risks
1909 self-insured shall remain with the owner or lessee providing it,
1910 and the risks are not transferable to any other person, unless a
1911 policy complying with subsections (1) and (2) subsection (1) is
1912 obtained.
1913 Section 13. Section 324.071, Florida Statutes, is amended
1914 to read:
1915 324.071 Reinstatement; renewal of license; reinstatement
1916 fee.—An Any operator or owner whose license or registration has
1917 been suspended pursuant to s. 324.051(2), s. 324.072, s.
1918 324.081, or s. 324.121 may effect its reinstatement upon
1919 compliance with the provisions of s. 324.051(2)(a)3. or 4., or
1920 s. 324.081(2) and (3), as the case may be, and with one of the
1921 provisions of s. 324.031 and upon payment to the department of a
1922 nonrefundable reinstatement fee as specified in s. 324.0221 of
1923 $15. Only one such fee may shall be paid by any one person
1924 regardless irrespective of the number of licenses and
1925 registrations to be then reinstated or issued to such person.
1926 All Such fees must shall be deposited to a department trust
1927 fund. If When the reinstatement of any license or registration
1928 is effected by compliance with s. 324.051(2)(a)3. or 4., the
1929 department may shall not renew the license or registration
1930 within a period of 3 years after from such reinstatement, nor
1931 may shall any other license or registration be issued in the
1932 name of such person, unless the operator continues is continuing
1933 to comply with one of the provisions of s. 324.031.
1934 Section 14. Section 324.151, Florida Statutes, is amended
1935 to read:
1936 324.151 Motor vehicle liability policies; required
1937 provisions.—
1938 (1) A motor vehicle liability policy that serves as to be
1939 proof of financial responsibility under s. 324.031(1) must,
1940 shall be issued to owners and or operators of motor vehicles
1941 under the following provisions:
1942 (a) A motor vehicle An owner’s liability insurance policy
1943 issued to an owner of a motor vehicle registered in this state
1944 must shall designate by explicit description or by appropriate
1945 reference all motor vehicles with respect to which coverage is
1946 thereby granted. The policy must and shall insure the person or
1947 persons owner named therein and any resident relative of a named
1948 insured other person as operator using such motor vehicle or
1949 motor vehicles with the express or implied permission of such
1950 owner against loss from the liability imposed by law for damage
1951 arising out of the ownership, maintenance, or use of any such
1952 motor vehicle except as otherwise provided in this section. The
1953 policy must also insure any person operating an insured motor
1954 vehicle with the express or implied permission of a named
1955 insured against loss from the liability imposed by law for
1956 damage arising out of the use of such vehicle. However, the
1957 insurer may include provisions in its policy excluding liability
1958 coverage for a motor vehicle not designated as an insured
1959 vehicle on the policy, if such motor vehicle does not qualify as
1960 a newly acquired vehicle, does not qualify as a temporary
1961 substitute vehicle, and was owned by an insured or was furnished
1962 for an insured’s regular use for more than 30 consecutive days
1963 before the event giving rise to the claim or motor vehicles
1964 within the United States or the Dominion of Canada, subject to
1965 limits, exclusive of interest and costs with respect to each
1966 such motor vehicle as is provided for under s. 324.021(7).
1967 Insurers may make available, with respect to property damage
1968 liability coverage, a deductible amount not to exceed $500. In
1969 the event of a property damage loss covered by a policy
1970 containing a property damage deductible provision, the insurer
1971 shall pay to the third-party claimant the amount of any property
1972 damage liability settlement or judgment, subject to policy
1973 limits, as if no deductible existed.
1974 (b) A motor vehicle liability insurance policy issued to a
1975 person who does not own a motor vehicle registered in this state
1976 and who is not already insured under a policy described in
1977 paragraph (a) must An operator’s motor vehicle liability policy
1978 of insurance shall insure the person or persons named therein
1979 against loss from the liability imposed upon him or her by law
1980 for damages arising out of the use by the person of any motor
1981 vehicle not owned by him or her, unless the vehicle was
1982 furnished for the named insured’s regular use and was used by
1983 the named insured for more than 30 consecutive days before the
1984 event giving rise to the claim with the same territorial limits
1985 and subject to the same limits of liability as referred to above
1986 with respect to an owner’s policy of liability insurance.
1987 (c) All such motor vehicle liability policies must shall
1988 state the name and address of the named insured, the coverage
1989 afforded by the policy, the premium charged therefor, the policy
1990 period, the limits of liability, and must shall contain an
1991 agreement or be endorsed that insurance is provided in
1992 accordance with the coverage defined in this chapter as respects
1993 bodily injury and death or property damage or both and is
1994 subject to all provisions of this chapter. The policies must
1995 insure all persons covered under the liability coverage against
1996 loss from the liability imposed by law for any litigation costs
1997 or attorney fees in any civil action defended by the insurer
1998 which arises out of the ownership, maintenance, or use of a
1999 motor vehicle for which there is liability coverage under the
2000 policy. The Said policies must shall also contain a provision
2001 that the satisfaction by an insured of a judgment for such
2002 injury or damage may shall not be a condition precedent to the
2003 right or duty of the insurance carrier to make payment on
2004 account of such injury or damage, and must shall also contain a
2005 provision that bankruptcy or insolvency of the insured or of the
2006 insured’s estate may shall not relieve the insurance carrier of
2007 any of its obligations under the said policy. However, the
2008 policies may contain provisions excluding liability coverage for
2009 a vehicle being used outside of the United States or Canada at
2010 the time of the accident.
2011 (2) The provisions of This section is shall not be
2012 applicable to any automobile liability policy unless and until
2013 it is furnished as proof of financial responsibility for the
2014 future pursuant to s. 324.031, and then only from and after the
2015 date said policy is so furnished.
2016 (3) As used in this section, the term:
2017 (a) “Newly acquired vehicle” means a vehicle owned by a
2018 named insured or resident relative of the named insured which
2019 was acquired within 30 days before an accident.
2020 (b) “Resident relative” means a person related to a named
2021 insured by any degree by blood, marriage, or adoption, including
2022 a ward or foster child, who usually makes his or her home in the
2023 same family unit as the named insured, whether or not he or she
2024 temporarily lives elsewhere.
2025 (c) “Temporary substitute vehicle” means any motor vehicle
2026 as defined in s. 320.01(1) not owned by the named insured which
2027 is temporarily used with the permission of the owner as a
2028 substitute for the owned motor vehicle designated on the policy,
2029 when the owned vehicle is withdrawn from normal use because of
2030 breakdown, repair, servicing, loss, or destruction.
2031 Section 15. Section 324.161, Florida Statutes, is amended
2032 to read:
2033 324.161 Proof of financial responsibility; deposit.—If a
2034 person elects to prove his or her financial responsibility under
2035 the method of proof specified in s. 324.031(1)(b), such person
2036 must obtain proof of a certificate of deposit annually, in the
2037 amount required under s. 324.031(2), from a financial
2038 institution insured by the Federal Deposit Insurance Corporation
2039 or the National Credit Union Administration. Proof of such
2040 certificate of deposit Annually, before any certificate of
2041 insurance may be issued to a person, including any firm,
2042 partnership, association, corporation, or other person, other
2043 than a natural person, proof of a certificate of deposit of
2044 $30,000 issued and held by a financial institution must be
2045 submitted to the department annually. A power of attorney will
2046 be issued to and held by the department and may be executed upon
2047 a judgment issued against such person making the deposit, for
2048 damages for because of bodily injury to or death of any person
2049 or for damages for because of injury to or destruction of
2050 property resulting from the use or operation of any motor
2051 vehicle occurring after such deposit was made. Money so
2052 deposited is shall not be subject to attachment or execution
2053 unless such attachment or execution arises shall arise out of a
2054 lawsuit suit for such damages as aforesaid.
2055 Section 16. Subsections (1) and (2) of section 324.171,
2056 Florida Statutes, are amended to read:
2057 324.171 Self-insurer.—
2058 (1) A Any person may qualify as a self-insurer by obtaining
2059 a certificate of self-insurance from the department. which may,
2060 in its discretion and Upon application of such a person, the
2061 department may issue a said certificate of self-insurance if the
2062 applicant when such person has satisfied the requirements of
2063 this section to qualify as a self-insurer under this section:
2064 (a) A private individual with private passenger vehicles
2065 must shall possess a net unencumbered worth: of
2066 1. Beginning January 1, 2018, through December 31, 2019, of
2067 at least $80,000.
2068 2. Beginning January 1, 2020, through December 31, 2021, of
2069 at least $100,000.
2070 3. Beginning January 1, 2022, and thereafter, of at least
2071 $120,000 $40,000.
2072 (b) A person, including any firm, partnership, association,
2073 corporation, or other person, other than a natural person, must
2074 shall:
2075 1. Possess a net unencumbered worth: of
2076 a. Beginning January 1, 2018, through December 31, 2019, of
2077 at least $80,000 for the first motor vehicle and $40,000 for
2078 each additional motor vehicle.
2079 b. Beginning January 1, 2020, through December 31, 2021, of
2080 at least $100,000 for the first motor vehicle and $50,000 for
2081 each additional motor vehicle.
2082 c. Beginning January 1, 2022, and thereafter, of at least
2083 $120,000 $40,000 for the first motor vehicle and $60,000 $20,000
2084 for each additional motor vehicle; or
2085 2. Maintain sufficient net worth, in an amount determined
2086 by the department, to be financially responsible for potential
2087 losses. The department shall annually determine the minimum net
2088 worth sufficient to satisfy this subparagraph as determined
2089 annually by the department, pursuant to rules adopted
2090 promulgated by the department, with the assistance of the Office
2091 of Insurance Regulation of the Financial Services Commission, to
2092 be financially responsible for potential losses. The rules must
2093 consider any shall take into consideration excess insurance
2094 carried by the applicant. The department’s determination must
2095 shall be based upon reasonable actuarial principles considering
2096 the frequency, severity, and loss development of claims incurred
2097 by casualty insurers writing coverage on the type of motor
2098 vehicles for which a certificate of self-insurance is desired.
2099 (c) The owner of a commercial motor vehicle, as defined in
2100 s. 207.002 or s. 320.01, may qualify as a self-insurer subject
2101 to the standards provided for in subparagraph (b)2.
2102 (2) The self-insurance certificate must shall provide
2103 limits of liability insurance in the amounts specified under s.
2104 324.021(7) or s. 627.7415 and shall provide personal injury
2105 protection coverage under s. 627.733(3)(b).
2106 Section 17. Section 324.251, Florida Statutes, is amended
2107 to read:
2108 324.251 Short title.—This chapter may be cited as the
2109 “Financial Responsibility Law of 2017 1955” and is shall become
2110 effective at 12:01 a.m., January 1, 2018 October 1, 1955.
2111 Section 18. Subsection (4) of section 400.9905, Florida
2112 Statutes, is amended to read:
2113 400.9905 Definitions.—
2114 (4) “Clinic” means an entity where health care services are
2115 provided to individuals and which tenders charges for
2116 reimbursement for such services, including a mobile clinic and a
2117 portable equipment provider. As used in this part, the term does
2118 not include and the licensure requirements of this part do not
2119 apply to:
2120 (a) Entities licensed or registered by the state under
2121 chapter 395; entities licensed or registered by the state and
2122 providing only health care services within the scope of services
2123 authorized under their respective licenses under ss. 383.30
2124 383.335, chapter 390, chapter 394, chapter 397, this chapter
2125 except part X, chapter 429, chapter 463, chapter 465, chapter
2126 466, chapter 478, part I of chapter 483, chapter 484, or chapter
2127 651; end-stage renal disease providers authorized under 42
2128 C.F.R. part 405, subpart U; providers certified under 42 C.F.R.
2129 part 485, subpart B or subpart H; or any entity that provides
2130 neonatal or pediatric hospital-based health care services or
2131 other health care services by licensed practitioners solely
2132 within a hospital licensed under chapter 395.
2133 (b) Entities that own, directly or indirectly, entities
2134 licensed or registered by the state pursuant to chapter 395;
2135 entities that own, directly or indirectly, entities licensed or
2136 registered by the state and providing only health care services
2137 within the scope of services authorized pursuant to their
2138 respective licenses under ss. 383.30-383.335, chapter 390,
2139 chapter 394, chapter 397, this chapter except part X, chapter
2140 429, chapter 463, chapter 465, chapter 466, chapter 478, part I
2141 of chapter 483, chapter 484, or chapter 651; end-stage renal
2142 disease providers authorized under 42 C.F.R. part 405, subpart
2143 U; providers certified under 42 C.F.R. part 485, subpart B or
2144 subpart H; or any entity that provides neonatal or pediatric
2145 hospital-based health care services by licensed practitioners
2146 solely within a hospital licensed under chapter 395.
2147 (c) Entities that are owned, directly or indirectly, by an
2148 entity licensed or registered by the state pursuant to chapter
2149 395; entities that are owned, directly or indirectly, by an
2150 entity licensed or registered by the state and providing only
2151 health care services within the scope of services authorized
2152 pursuant to their respective licenses under ss. 383.30-383.335,
2153 chapter 390, chapter 394, chapter 397, this chapter except part
2154 X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
2155 478, part I of chapter 483, chapter 484, or chapter 651; end
2156 stage renal disease providers authorized under 42 C.F.R. part
2157 405, subpart U; providers certified under 42 C.F.R. part 485,
2158 subpart B or subpart H; or any entity that provides neonatal or
2159 pediatric hospital-based health care services by licensed
2160 practitioners solely within a hospital under chapter 395.
2161 (d) Entities that are under common ownership, directly or
2162 indirectly, with an entity licensed or registered by the state
2163 pursuant to chapter 395; entities that are under common
2164 ownership, directly or indirectly, with an entity licensed or
2165 registered by the state and providing only health care services
2166 within the scope of services authorized pursuant to their
2167 respective licenses under ss. 383.30-383.335, chapter 390,
2168 chapter 394, chapter 397, this chapter except part X, chapter
2169 429, chapter 463, chapter 465, chapter 466, chapter 478, part I
2170 of chapter 483, chapter 484, or chapter 651; end-stage renal
2171 disease providers authorized under 42 C.F.R. part 405, subpart
2172 U; providers certified under 42 C.F.R. part 485, subpart B or
2173 subpart H; or any entity that provides neonatal or pediatric
2174 hospital-based health care services by licensed practitioners
2175 solely within a hospital licensed under chapter 395.
2176 (e) An entity that is exempt from federal taxation under 26
2177 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
2178 under 26 U.S.C. s. 409 that has a board of trustees at least
2179 two-thirds of which are Florida-licensed health care
2180 practitioners and provides only physical therapy services under
2181 physician orders, any community college or university clinic,
2182 and any entity owned or operated by the federal or state
2183 government, including agencies, subdivisions, or municipalities
2184 thereof.
2185 (f) A sole proprietorship, group practice, partnership, or
2186 corporation that provides health care services by physicians
2187 covered by s. 627.419, that is directly supervised by one or
2188 more of such physicians, and that is wholly owned by one or more
2189 of those physicians or by a physician and the spouse, parent,
2190 child, or sibling of that physician.
2191 (g) A sole proprietorship, group practice, partnership, or
2192 corporation that provides health care services by licensed
2193 health care practitioners under chapter 457, chapter 458,
2194 chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
2195 chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
2196 chapter 490, chapter 491, or part I, part III, part X, part
2197 XIII, or part XIV of chapter 468, or s. 464.012, and that is
2198 wholly owned by one or more licensed health care practitioners,
2199 or the licensed health care practitioners set forth in this
2200 paragraph and the spouse, parent, child, or sibling of a
2201 licensed health care practitioner if one of the owners who is a
2202 licensed health care practitioner is supervising the business
2203 activities and is legally responsible for the entity’s
2204 compliance with all federal and state laws. However, a health
2205 care practitioner may not supervise services beyond the scope of
2206 the practitioner’s license, except that, for the purposes of
2207 this part, a clinic owned by a licensee in s. 456.053(3)(b)
2208 which provides only services authorized pursuant to s.
2209 456.053(3)(b) may be supervised by a licensee specified in s.
2210 456.053(3)(b).
2211 (h) Clinical facilities affiliated with an accredited
2212 medical school at which training is provided for medical
2213 students, residents, or fellows.
2214 (i) Entities that provide only oncology or radiation
2215 therapy services by physicians licensed under chapter 458 or
2216 chapter 459 or entities that provide oncology or radiation
2217 therapy services by physicians licensed under chapter 458 or
2218 chapter 459 which are owned by a corporation whose shares are
2219 publicly traded on a recognized stock exchange.
2220 (j) Clinical facilities affiliated with a college of
2221 chiropractic accredited by the Council on Chiropractic Education
2222 at which training is provided for chiropractic students.
2223 (k) Entities that provide licensed practitioners to staff
2224 emergency departments or to deliver anesthesia services in
2225 facilities licensed under chapter 395 and that derive at least
2226 90 percent of their gross annual revenues from the provision of
2227 such services. Entities claiming an exemption from licensure
2228 under this paragraph must provide documentation demonstrating
2229 compliance.
2230 (l) Orthotic, prosthetic, pediatric cardiology, or
2231 perinatology clinical facilities or anesthesia clinical
2232 facilities that are not otherwise exempt under paragraph (a) or
2233 paragraph (k) and that are a publicly traded corporation or are
2234 wholly owned, directly or indirectly, by a publicly traded
2235 corporation. As used in this paragraph, a publicly traded
2236 corporation is a corporation that issues securities traded on an
2237 exchange registered with the United States Securities and
2238 Exchange Commission as a national securities exchange.
2239 (m) Entities that are owned by a corporation that has $250
2240 million or more in total annual sales of health care services
2241 provided by licensed health care practitioners where one or more
2242 of the persons responsible for the operations of the entity is a
2243 health care practitioner who is licensed in this state and who
2244 is responsible for supervising the business activities of the
2245 entity and is responsible for the entity’s compliance with state
2246 law for purposes of this part.
2247 (n) Entities that employ 50 or more licensed health care
2248 practitioners licensed under chapter 458 or chapter 459 where
2249 the billing for medical services is under a single tax
2250 identification number. The application for exemption under this
2251 subsection must include shall contain information that includes:
2252 the name, residence, and business address and telephone phone
2253 number of the entity that owns the practice; a complete list of
2254 the names and contact information of all the officers and
2255 directors of the corporation; the name, residence address,
2256 business address, and medical license number of each licensed
2257 Florida health care practitioner employed by the entity; the
2258 corporate tax identification number of the entity seeking an
2259 exemption; a listing of health care services to be provided by
2260 the entity at the health care clinics owned or operated by the
2261 entity; and a certified statement prepared by an independent
2262 certified public accountant which states that the entity and the
2263 health care clinics owned or operated by the entity have not
2264 received payment for health care services under medical payments
2265 personal injury protection insurance coverage for the preceding
2266 year. If the agency determines that an entity that which is
2267 exempt under this subsection has received payments for medical
2268 services under medical payments personal injury protection
2269 insurance coverage, the agency may deny or revoke the exemption
2270 from licensure under this subsection.
2271
2272 Notwithstanding this subsection, an entity shall be deemed a
2273 clinic and must be licensed under this part in order to receive
2274 medical payments coverage reimbursement under s. 627.7265 the
2275 Florida Motor Vehicle No-Fault Law, ss. 627.730-627.7405, unless
2276 exempted under s. 627.7265(6)(h) s. 627.736(5)(h).
2277 Section 19. Subsection (28) of section 409.901, Florida
2278 Statutes, is amended to read:
2279 409.901 Definitions; ss. 409.901-409.920.—As used in ss.
2280 409.901-409.920, except as otherwise specifically provided, the
2281 term:
2282 (28) “Third-party benefit” means any benefit that is or may
2283 be available at any time through contract, court award,
2284 judgment, settlement, agreement, or any arrangement between a
2285 third party and any person or entity, including, without
2286 limitation, a Medicaid recipient, a provider, another third
2287 party, an insurer, or the agency, for any Medicaid-covered
2288 injury, illness, goods, or services, including costs of medical
2289 services related thereto, for bodily personal injury or for
2290 death of the recipient, but specifically excluding policies of
2291 life insurance policies on the recipient, unless available under
2292 terms of the policy to pay medical expenses before prior to
2293 death. The term includes, without limitation, collateral, as
2294 defined in this section, health insurance, any benefit under a
2295 health maintenance organization, a preferred provider
2296 arrangement, a prepaid health clinic, liability insurance,
2297 uninsured motorist insurance, medical payments coverage or
2298 personal injury protection coverage, medical benefits under
2299 workers’ compensation, and any obligation under law or equity to
2300 provide medical support.
2301 Section 20. Paragraph (f) of subsection (11) of section
2302 409.910, Florida Statutes, is amended to read:
2303 409.910 Responsibility for payments on behalf of Medicaid
2304 eligible persons when other parties are liable.—
2305 (11) The agency may, as a matter of right, in order to
2306 enforce its rights under this section, institute, intervene in,
2307 or join any legal or administrative proceeding in its own name
2308 in one or more of the following capacities: individually, as
2309 subrogee of the recipient, as assignee of the recipient, or as
2310 lienholder of the collateral.
2311 (f) Notwithstanding any provision in this section to the
2312 contrary, in the event of an action in tort against a third
2313 party in which the recipient or his or her legal representative
2314 is a party which results in a judgment, award, or settlement
2315 from a third party, the amount recovered shall be distributed as
2316 follows:
2317 1. After attorney’s fees and taxable costs as defined by
2318 the Florida Rules of Civil Procedure, one-half of the remaining
2319 recovery shall be paid to the agency up to the total amount of
2320 medical assistance provided by Medicaid.
2321 2. The remaining amount of the recovery shall be paid to
2322 the recipient.
2323 3. For purposes of calculating the agency’s recovery of
2324 medical assistance benefits paid, the fee for services of an
2325 attorney retained by the recipient or his or her legal
2326 representative shall be calculated at 25 percent of the
2327 judgment, award, or settlement.
2328 4. Notwithstanding any other provision of this section to
2329 the contrary, the agency shall be entitled to all medical
2330 coverage benefits up to the total amount of medical assistance
2331 provided by Medicaid. For purposes of this paragraph, the term
2332 “medical coverage” means any benefits under health insurance, a
2333 health maintenance organization, a preferred provider
2334 arrangement, or a prepaid health clinic, and the portion of
2335 benefits designated for medical payments under coverage for
2336 workers’ compensation coverage, motor vehicle insurance
2337 coverage, personal injury protection, and casualty coverage.
2338 Section 21. Paragraphs (ee) and (ff) of subsection (1) of
2339 section 456.072, Florida Statutes, are amended to read:
2340 456.072 Grounds for discipline; penalties; enforcement.—
2341 (1) The following acts shall constitute grounds for which
2342 the disciplinary actions specified in subsection (2) may be
2343 taken:
2344 (ee) With respect to making a medical payments coverage
2345 personal injury protection claim under s. 627.7265 as required
2346 by s. 627.736, intentionally submitting a claim, statement, or
2347 bill that has been “upcoded” as defined in that section s.
2348 627.732.
2349 (ff) With respect to making a medical payments coverage
2350 personal injury protection claim as required under s. 627.7265
2351 by s. 627.736, intentionally submitting a claim, statement, or
2352 bill for payment of services that were not rendered.
2353 Section 22. Paragraphs (i) and (o) of subsection (1) of
2354 section 626.9541, Florida Statutes, are amended to read:
2355 626.9541 Unfair methods of competition and unfair or
2356 deceptive acts or practices defined.—
2357 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
2358 ACTS.—The following are defined as unfair methods of competition
2359 and unfair or deceptive acts or practices:
2360 (i) Unfair claim settlement practices.—
2361 1. Attempting to settle claims on the basis of an
2362 application, when serving as a binder or intended to become a
2363 part of the policy, or any other material document which was
2364 altered without notice to, or knowledge or consent of, the
2365 insured;
2366 2. A material misrepresentation made to an insured or any
2367 other person having an interest in the proceeds payable under
2368 such contract or policy, for the purpose and with the intent of
2369 effecting settlement of such claims, loss, or damage under such
2370 contract or policy on less favorable terms than those provided
2371 in, and contemplated by, such contract or policy; or
2372 3. Committing or performing with such frequency as to
2373 indicate a general business practice any of the following:
2374 a. Failing to adopt and implement standards for the proper
2375 investigation of claims;
2376 b. Misrepresenting pertinent facts or insurance policy
2377 provisions relating to coverages at issue;
2378 c. Failing to acknowledge and act promptly upon
2379 communications with respect to claims;
2380 d. Denying claims without conducting reasonable
2381 investigations based upon available information;
2382 e. Failing to affirm or deny full or partial coverage of
2383 claims, and, as to partial coverage, the dollar amount or extent
2384 of coverage, or failing to provide a written statement that the
2385 claim is being investigated, upon the written request of the
2386 insured within 30 days after proof-of-loss statements have been
2387 completed;
2388 f. Failing to promptly provide a reasonable explanation in
2389 writing to the insured of the basis in the insurance policy, in
2390 relation to the facts or applicable law, for denial of a claim
2391 or for the offer of a compromise settlement;
2392 g. Failing to promptly notify the insured of any additional
2393 information necessary for the processing of a claim; or
2394 h. Failing to clearly explain the nature of the requested
2395 information and the reasons why such information is necessary;
2396 or.
2397 i. Failing to pay personal injury protection insurance
2398 claims for benefits under medical payments coverage within the
2399 time periods required by s. 627.7265(5)(b) s. 627.736(4)(b). The
2400 office may order the insurer to pay restitution to a
2401 policyholder, medical provider, or other claimant, including
2402 interest at a rate consistent with the amount set forth in s.
2403 55.03(1), for the time period within which an insurer fails to
2404 pay claims as required by law. Restitution is in addition to any
2405 other penalties allowed by law, including, but not limited to,
2406 the suspension of the insurer’s certificate of authority.
2407 4. Failing to pay undisputed amounts of partial or full
2408 benefits owed under first-party property insurance policies
2409 within 90 days after an insurer receives notice of a residential
2410 property insurance claim, determines the amounts of partial or
2411 full benefits, and agrees to coverage, unless payment of the
2412 undisputed benefits is prevented by an act of God, prevented by
2413 the impossibility of performance, or due to actions by the
2414 insured or claimant that constitute fraud, lack of cooperation,
2415 or intentional misrepresentation regarding the claim for which
2416 benefits are owed.
2417 (o) Illegal dealings in premiums; excess or reduced charges
2418 for insurance.—
2419 1. Knowingly collecting any sum as a premium or charge for
2420 insurance, which is not then provided, or is not in due course
2421 to be provided, subject to acceptance of the risk by the
2422 insurer, by an insurance policy issued by an insurer as
2423 permitted by this code.
2424 2. Knowingly collecting as a premium or charge for
2425 insurance any sum in excess of or less than the premium or
2426 charge applicable to such insurance, in accordance with the
2427 applicable classifications and rates as filed with and approved
2428 by the office, and as specified in the policy; or, in cases when
2429 classifications, premiums, or rates are not required by this
2430 code to be so filed and approved, premiums and charges collected
2431 from a Florida resident in excess of or less than those
2432 specified in the policy and as fixed by the insurer.
2433 Notwithstanding any other provision of law, this provision shall
2434 not be deemed to prohibit the charging and collection, by
2435 surplus lines agents licensed under part VIII of this chapter,
2436 of the amount of applicable state and federal taxes, or fees as
2437 authorized by s. 626.916(4), in addition to the premium required
2438 by the insurer or the charging and collection, by licensed
2439 agents, of the exact amount of any discount or other such fee
2440 charged by a credit card facility in connection with the use of
2441 a credit card, as authorized by subparagraph (q)3., in addition
2442 to the premium required by the insurer. This subparagraph shall
2443 not be construed to prohibit collection of a premium for a
2444 universal life or a variable or indeterminate value insurance
2445 policy made in accordance with the terms of the contract.
2446 3.a. Imposing or requesting an additional premium for
2447 bodily injury liability coverage, property damage liability
2448 coverage a policy of motor vehicle liability, personal injury
2449 protection, medical payment coverage, or collision coverage in a
2450 motor vehicle liability insurance policy, insurance or any
2451 combination thereof or refusing to renew the policy solely
2452 because the insured was involved in a motor vehicle accident
2453 unless the insurer’s file contains information from which the
2454 insurer in good faith determines that the insured was
2455 substantially at fault in the accident.
2456 b. An insurer which imposes and collects such a surcharge
2457 or which refuses to renew such policy shall, in conjunction with
2458 the notice of premium due or notice of nonrenewal, notify the
2459 named insured that he or she is entitled to reimbursement of
2460 such amount or renewal of the policy under the conditions listed
2461 below and will subsequently reimburse him or her or renew the
2462 policy, if the named insured demonstrates that the operator
2463 involved in the accident was:
2464 (I) Lawfully parked;
2465 (II) Reimbursed by, or on behalf of, a person responsible
2466 for the accident or has a judgment against such person;
2467 (III) Struck in the rear by another vehicle headed in the
2468 same direction and was not convicted of a moving traffic
2469 violation in connection with the accident;
2470 (IV) Hit by a “hit-and-run” driver, if the accident was
2471 reported to the proper authorities within 24 hours after
2472 discovering the accident;
2473 (V) Not convicted of a moving traffic violation in
2474 connection with the accident, but the operator of the other
2475 automobile involved in such accident was convicted of a moving
2476 traffic violation;
2477 (VI) Finally adjudicated not to be liable by a court of
2478 competent jurisdiction;
2479 (VII) In receipt of a traffic citation which was dismissed
2480 or nolle prossed; or
2481 (VIII) Not at fault as evidenced by a written statement
2482 from the insured establishing facts demonstrating lack of fault
2483 which are not rebutted by information in the insurer’s file from
2484 which the insurer in good faith determines that the insured was
2485 substantially at fault.
2486 c. In addition to the other provisions of this
2487 subparagraph, an insurer may not fail to renew a policy if the
2488 insured has had only one accident in which he or she was at
2489 fault within the current 3-year period. However, an insurer may
2490 nonrenew a policy for reasons other than accidents in accordance
2491 with s. 627.728. This subparagraph does not prohibit nonrenewal
2492 of a policy under which the insured has had three or more
2493 accidents, regardless of fault, during the most recent 3-year
2494 period.
2495 4. Imposing or requesting an additional premium for, or
2496 refusing to renew, a policy for motor vehicle insurance solely
2497 because the insured committed a noncriminal traffic infraction
2498 as described in s. 318.14 unless the infraction is:
2499 a. A second infraction committed within an 18-month period,
2500 or a third or subsequent infraction committed within a 36-month
2501 period.
2502 b. A violation of s. 316.183, when such violation is a
2503 result of exceeding the lawful speed limit by more than 15 miles
2504 per hour.
2505 5. Upon the request of the insured, the insurer and
2506 licensed agent shall supply to the insured the complete proof of
2507 fault or other criteria which justifies the additional charge or
2508 cancellation.
2509 6. No insurer shall impose or request an additional premium
2510 for motor vehicle insurance, cancel or refuse to issue a policy,
2511 or refuse to renew a policy because the insured or the applicant
2512 is a handicapped or physically disabled person, so long as such
2513 handicap or physical disability does not substantially impair
2514 such person’s mechanically assisted driving ability.
2515 7. No insurer may cancel or otherwise terminate any
2516 insurance contract or coverage, or require execution of a
2517 consent to rate endorsement, during the stated policy term for
2518 the purpose of offering to issue, or issuing, a similar or
2519 identical contract or coverage to the same insured with the same
2520 exposure at a higher premium rate or continuing an existing
2521 contract or coverage with the same exposure at an increased
2522 premium.
2523 8. No insurer may issue a nonrenewal notice on any
2524 insurance contract or coverage, or require execution of a
2525 consent to rate endorsement, for the purpose of offering to
2526 issue, or issuing, a similar or identical contract or coverage
2527 to the same insured at a higher premium rate or continuing an
2528 existing contract or coverage at an increased premium without
2529 meeting any applicable notice requirements.
2530 9. No insurer shall, with respect to premiums charged for
2531 motor vehicle insurance, unfairly discriminate solely on the
2532 basis of age, sex, marital status, or scholastic achievement.
2533 10. Imposing or requesting an additional premium for motor
2534 vehicle comprehensive or uninsured motorist coverage solely
2535 because the insured was involved in a motor vehicle accident or
2536 was convicted of a moving traffic violation.
2537 11. No insurer shall cancel or issue a nonrenewal notice on
2538 any insurance policy or contract without complying with any
2539 applicable cancellation or nonrenewal provision required under
2540 the Florida Insurance Code.
2541 12. No insurer shall impose or request an additional
2542 premium, cancel a policy, or issue a nonrenewal notice on any
2543 insurance policy or contract because of any traffic infraction
2544 when adjudication has been withheld and no points have been
2545 assessed pursuant to s. 318.14(9) and (10). However, this
2546 subparagraph does not apply to traffic infractions involving
2547 accidents in which the insurer has incurred a loss due to the
2548 fault of the insured.
2549 Section 23. Paragraph (a) of subsection (1) of section
2550 626.989, Florida Statutes, is amended to read:
2551 626.989 Investigation by department or Division of
2552 Investigative and Forensic Services; compliance; immunity;
2553 confidential information; reports to division; division
2554 investigator’s power of arrest.—
2555 (1) For the purposes of this section:
2556 (a) A person commits a “fraudulent insurance act” if the
2557 person:
2558 1. Knowingly and with intent to defraud presents, causes to
2559 be presented, or prepares with knowledge or belief that it will
2560 be presented, to or by an insurer, self-insurer, self-insurance
2561 fund, servicing corporation, purported insurer, broker, or any
2562 agent thereof, any written statement as part of, or in support
2563 of, an application for the issuance of, or the rating of, any
2564 insurance policy, or a claim for payment or other benefit
2565 pursuant to any insurance policy, which the person knows to
2566 contain materially false information concerning any fact
2567 material thereto or if the person conceals, for the purpose of
2568 misleading another, information concerning any fact material
2569 thereto.
2570 2. Knowingly submits:
2571 a. A false, misleading, or fraudulent application or other
2572 document when applying for licensure as a health care clinic,
2573 seeking an exemption from licensure as a health care clinic, or
2574 demonstrating compliance with part X of chapter 400 with an
2575 intent to use the license, exemption from licensure, or
2576 demonstration of compliance to provide services or seek
2577 reimbursement under a motor vehicle liability insurance policy’s
2578 medical payments coverage the Florida Motor Vehicle No-Fault
2579 Law.
2580 b. A claim for payment or other benefit under medical
2581 payments coverage pursuant to a personal injury protection
2582 insurance policy under the Florida Motor Vehicle No-Fault Law if
2583 the person knows that the payee knowingly submitted a false,
2584 misleading, or fraudulent application or other document when
2585 applying for licensure as a health care clinic, seeking an
2586 exemption from licensure as a health care clinic, or
2587 demonstrating compliance with part X of chapter 400.
2588 Section 24. Subsection (1) of section 627.0652, Florida
2589 Statutes, is amended to read:
2590 627.0652 Insurance discounts for certain persons completing
2591 safety course.—
2592 (1) Any rates, rating schedules, or rating manuals for the
2593 liability, medical payments personal injury protection, and
2594 collision coverages of a motor vehicle insurance policy filed
2595 with the office must shall provide for an appropriate reduction
2596 in premium charges as to such coverages if when the principal
2597 operator on the covered vehicle is an insured 55 years of age or
2598 older who has successfully completed a motor vehicle accident
2599 prevention course approved by the Department of Highway Safety
2600 and Motor Vehicles. Any discount used by an insurer is presumed
2601 to be appropriate unless credible data demonstrates otherwise.
2602 Section 25. Subsections (1), (3), and (6) of section
2603 627.0653, Florida Statutes, are amended to read:
2604 627.0653 Insurance discounts for specified motor vehicle
2605 equipment.—
2606 (1) Any rates, rating schedules, or rating manuals for the
2607 liability, medical payments personal injury protection, and
2608 collision coverages of a motor vehicle insurance policy filed
2609 with the office must shall provide a premium discount if the
2610 insured vehicle is equipped with factory-installed, four-wheel
2611 antilock brakes.
2612 (3) Any rates, rating schedules, or rating manuals for
2613 personal injury protection coverage and medical payments
2614 coverage, if offered, of a motor vehicle insurance policy filed
2615 with the office must shall provide a premium discount if the
2616 insured vehicle is equipped with one or more air bags which are
2617 factory installed.
2618 (6) The Office of Insurance Regulation may approve a
2619 premium discount to any rates, rating schedules, or rating
2620 manuals for the liability, medical payments personal injury
2621 protection, and collision coverages of a motor vehicle insurance
2622 policy filed with the office if the insured vehicle is equipped
2623 with autonomous driving technology or electronic vehicle
2624 collision avoidance technology that is factory installed or a
2625 retrofitted system and that complies with National Highway
2626 Traffic Safety Administration standards.
2627 Section 26. Section 627.4132, Florida Statutes, is amended
2628 to read:
2629 627.4132 Stacking of coverages prohibited.—If an insured or
2630 named insured is protected by any type of motor vehicle
2631 insurance policy for bodily injury and property damage
2632 liability, personal injury protection, or other coverage, the
2633 policy must shall provide that the insured or named insured is
2634 protected only to the extent of the coverage she or he has on
2635 the vehicle involved in the accident. However, if none of the
2636 insured’s or named insured’s vehicles are is involved in the
2637 accident, coverage is available only to the extent of coverage
2638 on any one of the vehicles with applicable coverage. Coverage on
2639 any other vehicles may shall not be added to or stacked upon
2640 that coverage. This section does not apply:
2641 (1) To uninsured motorist coverage that which is separately
2642 governed by s. 627.727.
2643 (2) To reduce the coverage available by reason of insurance
2644 policies insuring different named insureds.
2645 Section 27. Subsections (1) and (7) of section 627.727,
2646 Florida Statutes, are amended to read:
2647 627.727 Motor vehicle insurance; uninsured and underinsured
2648 vehicle coverage; insolvent insurer protection.—
2649 (1) A No motor vehicle liability insurance policy that
2650 which provides bodily injury liability coverage may not shall be
2651 delivered or issued for delivery in this state with respect to
2652 any specifically insured or identified motor vehicle registered
2653 or principally garaged in this state, unless uninsured motor
2654 vehicle coverage is provided therein or supplemental thereto for
2655 the protection of persons insured thereunder who are legally
2656 entitled to recover damages from owners or operators of
2657 uninsured motor vehicles because of bodily injury, sickness, or
2658 disease, including death, resulting therefrom. However, the
2659 coverage required under this section is not applicable if when,
2660 or to the extent that, an insured named in the policy makes a
2661 written rejection of the coverage on behalf of all insureds
2662 under the policy. If When a motor vehicle is leased for a period
2663 of 1 year or longer and the lessor of such vehicle, by the terms
2664 of the lease contract, provides liability coverage on the leased
2665 vehicle, the lessee of such vehicle has shall have the sole
2666 privilege to reject uninsured motorist coverage or to select
2667 lower limits than the bodily injury liability limits, regardless
2668 of whether the lessor is qualified as a self-insurer pursuant to
2669 s. 324.171. Unless an insured, or lessee having the privilege of
2670 rejecting uninsured motorist coverage, requests such coverage or
2671 requests higher uninsured motorist limits in writing, the
2672 coverage or such higher uninsured motorist limits need not be
2673 provided in or supplemental to any other policy which renews,
2674 extends, changes, supersedes, or replaces an existing policy
2675 with the same bodily injury liability limits when an insured or
2676 lessee had rejected the coverage. When an insured or lessee has
2677 initially selected limits of uninsured motorist coverage lower
2678 than her or his bodily injury liability limits, higher limits of
2679 uninsured motorist coverage need not be provided in or
2680 supplemental to any other policy that which renews, extends,
2681 changes, supersedes, or replaces an existing policy with the
2682 same bodily injury liability limits unless an insured requests
2683 higher uninsured motorist coverage in writing. The rejection or
2684 selection of lower limits must shall be made on a form approved
2685 by the office. The form must shall fully advise the applicant of
2686 the nature of the coverage and must shall state that the
2687 coverage is equal to bodily injury liability limits unless lower
2688 limits are requested or the coverage is rejected. The heading of
2689 the form must shall be in 12-point bold type and must shall
2690 state: “You are electing not to purchase certain valuable
2691 coverage that which protects you and your family or you are
2692 purchasing uninsured motorist limits less than your bodily
2693 injury liability limits when you sign this form. Please read
2694 carefully.” If this form is signed by a named insured, it will
2695 be conclusively presumed that there was an informed, knowing
2696 rejection of coverage or election of lower limits on behalf of
2697 all insureds. The insurer shall notify the named insured at
2698 least annually of her or his options as to the coverage required
2699 by this section. Such notice must shall be part of, and attached
2700 to, the notice of premium, must shall provide for a means to
2701 allow the insured to request such coverage, and must shall be
2702 given in a manner approved by the office. Receipt of this notice
2703 does not constitute an affirmative waiver of the insured’s right
2704 to uninsured motorist coverage if where the insured has not
2705 signed a selection or rejection form. The coverage described
2706 under this section must shall be over and above, but may shall
2707 not duplicate, the benefits available to an insured under any
2708 workers’ compensation law, personal injury protection benefits,
2709 disability benefits law, or similar law; under any automobile
2710 medical payments expense coverage; under any motor vehicle
2711 liability insurance coverage; or from the owner or operator of
2712 the uninsured motor vehicle or any other person or organization
2713 jointly or severally liable together with such owner or operator
2714 for the accident; and such coverage must shall cover the
2715 difference, if any, between the sum of such benefits and the
2716 damages sustained, up to the maximum amount of such coverage
2717 provided under this section. The amount of coverage available
2718 under this section may shall not be reduced by a setoff against
2719 any coverage, including liability insurance. Such coverage does
2720 shall not inure directly or indirectly to the benefit of any
2721 workers’ compensation or disability benefits carrier or any
2722 person or organization qualifying as a self-insurer under any
2723 workers’ compensation or disability benefits law or similar law.
2724 (7) The legal liability of an uninsured motorist coverage
2725 insurer includes does not include damages in tort for pain,
2726 suffering, disability or physical impairment, disfigurement,
2727 mental anguish, and inconvenience, and the loss of capacity for
2728 the enjoyment of life experienced in the past and to be
2729 experienced in the future unless the injury or disease is
2730 described in one or more of paragraphs (a)-(d) of s. 627.737(2).
2731 Section 28. Subsection (1) and paragraphs (a) and (b) of
2732 subsection (2) of section 627.7275, Florida Statutes, are
2733 amended to read:
2734 627.7275 Motor vehicle liability.—
2735 (1) A motor vehicle insurance policy providing personal
2736 injury protection as set forth in s. 627.736 may not be
2737 delivered or issued for delivery in this state for a with
2738 respect to any specifically insured or identified motor vehicle
2739 registered or principally garaged in this state must provide
2740 bodily injury liability coverage and unless the policy also
2741 provides coverage for property damage liability coverage as
2742 required under by s. 324.022, and medical payments coverage as
2743 required under s. 627.7265.
2744 (2)(a) Insurers writing motor vehicle insurance in this
2745 state shall make available, subject to the insurers’ usual
2746 underwriting restrictions:
2747 1. Coverage under policies as described in subsection (1)
2748 to an applicant for private passenger motor vehicle insurance
2749 coverage who is seeking the coverage in order to reinstate the
2750 applicant’s driving privileges in this state if the driving
2751 privileges were revoked or suspended pursuant to s. 316.646 or
2752 s. 324.0221 due to the failure of the applicant to maintain
2753 required security.
2754 2. Coverage under policies as described in subsection (1),
2755 which includes bodily injury also provides liability coverage
2756 and property damage liability coverage for bodily injury, death,
2757 and property damage arising out of the ownership, maintenance,
2758 or use of the motor vehicle in an amount not less than the
2759 minimum limits required under described in s. 324.021(7) or s.
2760 324.023 and which conforms to the requirements of s. 324.151, to
2761 an applicant for private passenger motor vehicle insurance
2762 coverage who is seeking the coverage in order to reinstate the
2763 applicant’s driving privileges in this state after such
2764 privileges were revoked or suspended under s. 316.193 or s.
2765 322.26(2) for driving under the influence.
2766 (b) The policies described in paragraph (a) must shall be
2767 issued for at least 6 months and, as to the minimum coverages
2768 required under this section, may not be canceled by the insured
2769 for any reason or by the insurer after 60 days, during which
2770 period the insurer is completing the underwriting of the policy.
2771 After the insurer has completed underwriting the policy, the
2772 insurer shall notify the Department of Highway Safety and Motor
2773 Vehicles that the policy is in full force and effect and is not
2774 cancelable for the remainder of the policy period. A premium
2775 must shall be collected and the coverage is in effect for the
2776 60-day period during which the insurer is completing the
2777 underwriting of the policy, whether or not the person’s driver
2778 license, motor vehicle tag, and motor vehicle registration are
2779 in effect. Once the noncancelable provisions of the policy
2780 become effective, the bodily injury liability and property
2781 damage liability coverages for bodily injury, property damage,
2782 and personal injury protection may not be reduced below the
2783 minimum limits required under s. 324.021 or s. 324.023 during
2784 the policy period, and the medical payments coverage may not be
2785 reduced below the minimum limit required under s. 627.7265.
2786 Section 29. Subsection (1), paragraph (a) of subsection
2787 (5), and subsections (6) and (7) of section 627.7295, Florida
2788 Statutes, are amended to read:
2789 627.7295 Motor vehicle insurance contracts.—
2790 (1) As used in this section, the term:
2791 (a) “Policy” means a motor vehicle insurance policy that
2792 provides bodily injury liability personal injury protection
2793 coverage, property damage liability coverage, and medical
2794 payments coverage or both.
2795 (b) “Binder” means a binder that provides motor vehicle
2796 bodily injury liability coverage, personal injury protection and
2797 property damage liability coverage, and medical payments
2798 coverage.
2799 (5)(a) A licensed general lines agent may charge a per
2800 policy fee up to not to exceed $10 to cover the administrative
2801 costs of the agent associated with selling the motor vehicle
2802 insurance policy if the policy covers only bodily injury
2803 liability coverage, personal injury protection coverage as
2804 provided by s. 627.736 and property damage liability coverage,
2805 and medical payments coverage as provided by s. 627.7275 and if
2806 no other insurance is sold or issued in conjunction with or
2807 collateral to the policy. The fee is not considered part of the
2808 premium.
2809 (6) If a motor vehicle owner’s driver license, license
2810 plate, and registration have previously been suspended pursuant
2811 to s. 316.646 or s. 627.733, an insurer may cancel a new policy
2812 only as provided in s. 627.7275.
2813 (7) A policy of private passenger motor vehicle insurance
2814 or a binder for such a policy may be initially issued in this
2815 state only if, before the effective date of such binder or
2816 policy, the insurer or agent has collected from the insured an
2817 amount equal to 2 months’ premium from the insured. An insurer,
2818 agent, or premium finance company may not, directly or
2819 indirectly, take any action that results resulting in the
2820 insured paying having paid from the insured’s own funds an
2821 amount less than the 2 months’ premium required by this
2822 subsection. This subsection applies without regard to whether
2823 the premium is financed by a premium finance company or is paid
2824 pursuant to a periodic payment plan of an insurer or an
2825 insurance agent.
2826 (a) This subsection does not apply:
2827 1. If an insured or member of the insured’s family is
2828 renewing or replacing a policy or a binder for such policy
2829 written by the same insurer or a member of the same insurer
2830 group. This subsection does not apply
2831 2. To an insurer that issues private passenger motor
2832 vehicle coverage primarily to active duty or former military
2833 personnel or their dependents. This subsection does not apply
2834 3. If all policy payments are paid pursuant to a payroll
2835 deduction plan, an automatic electronic funds transfer payment
2836 plan from the policyholder, or a recurring credit card or debit
2837 card agreement with the insurer.
2838 (b) This subsection and subsection (4) do not apply if:
2839 1. All policy payments to an insurer are paid pursuant to
2840 an automatic electronic funds transfer payment plan from an
2841 agent, a managing general agent, or a premium finance company
2842 and if the policy includes, at a minimum, bodily injury
2843 liability coverage, personal injury protection pursuant to ss.
2844 627.730-627.7405; motor vehicle property damage liability
2845 coverage, and medical payments coverage pursuant to s. 627.7275;
2846 or and bodily injury liability in at least the amount of $10,000
2847 because of bodily injury to, or death of, one person in any one
2848 accident and in the amount of $20,000 because of bodily injury
2849 to, or death of, two or more persons in any one accident. This
2850 subsection and subsection (4) do not apply if
2851 2. An insured has had a policy in effect for at least 6
2852 months, the insured’s agent is terminated by the insurer that
2853 issued the policy, and the insured obtains coverage on the
2854 policy’s renewal date with a new company through the terminated
2855 agent.
2856 Section 30. Subsections (1) and (2) of section 627.7415,
2857 Florida Statutes, are amended to read:
2858 627.7415 Commercial motor vehicles; additional liability
2859 insurance coverage.—Commercial motor vehicles, as defined in s.
2860 207.002 or s. 320.01, operated upon the roads and highways of
2861 this state shall be insured with the following minimum levels of
2862 combined bodily liability insurance and property damage
2863 liability insurance under subsections (1) and (2) in addition to
2864 any other insurance requirements.:
2865 (1) Fifty thousand dollars per occurrence For a commercial
2866 motor vehicle with a gross vehicle weight of 26,000 pounds or
2867 more, but less than 35,000 pounds:
2868 (a) Beginning January 1, 2018, through December 31, 2019,
2869 no less than $50,000 per occurrence.
2870 (b) Beginning January 1, 2020, through December 31, 2021,
2871 no less than $60,000 per occurrence.
2872 (c) Beginning January 1, 2022, and thereafter, no less than
2873 $70,000 per occurrence.
2874 (2) One hundred thousand dollars per occurrence For a
2875 commercial motor vehicle with a gross vehicle weight of 35,000
2876 pounds or more, but less than 44,000 pounds:
2877 (a) Beginning January 1, 2018, through December 31, 2019,
2878 no less than $100,000 per occurrence.
2879 (b) Beginning January 1, 2020, through December 31, 2021,
2880 no less than $120,000 per occurrence.
2881 (c) Beginning January 1, 2022, and thereafter, no less than
2882 $140,000 per occurrence.
2883
2884 A violation of this section is a noncriminal traffic infraction,
2885 punishable as a nonmoving violation as provided in chapter 318.
2886 Section 31. Section 627.8405, Florida Statutes, is amended
2887 to read:
2888 627.8405 Prohibited acts; financing companies.—A No premium
2889 finance company shall, in a premium finance agreement or other
2890 agreement, may not finance the cost of or otherwise provide for
2891 the collection or remittance of dues, assessments, fees, or
2892 other periodic payments of money for the cost of:
2893 (1) A membership in an automobile club. The term
2894 “automobile club” means a legal entity that which, in
2895 consideration of dues, assessments, or periodic payments of
2896 money, promises its members or subscribers to assist them in
2897 matters relating to the ownership, operation, use, or
2898 maintenance of a motor vehicle; however, the term this
2899 definition of “automobile club” does not include persons,
2900 associations, or corporations which are organized and operated
2901 solely for the purpose of conducting, sponsoring, or sanctioning
2902 motor vehicle races, exhibitions, or contests upon racetracks,
2903 or upon racecourses established and marked as such for the
2904 duration of such particular events. The term words “motor
2905 vehicle” used herein has have the same meaning as defined in
2906 chapter 320.
2907 (2) An accidental death and dismemberment policy sold in
2908 combination with a policy providing only medical payments
2909 coverage, bodily injury liability coverage, personal injury
2910 protection and property damage liability coverage only policy.
2911 (3) Any product not regulated under the provisions of this
2912 insurance code.
2913
2914 This section also applies to premium financing by any insurance
2915 agent or insurance company under part XVI. The commission shall
2916 adopt rules to assure disclosure, at the time of sale, of
2917 coverages financed with personal injury protection and shall
2918 prescribe the form of such disclosure.
2919 Section 32. Paragraph (a) of subsection (1), paragraph (c)
2920 of subsection (7), paragraphs (a), (b), and (c) of subsection
2921 (8), and subsections (9) and (10) of section 817.234, Florida
2922 Statutes, are amended to read:
2923 817.234 False and fraudulent insurance claims.—
2924 (1)(a) A person commits insurance fraud punishable as
2925 provided in subsection (11) if that person, with the intent to
2926 injure, defraud, or deceive any insurer:
2927 1. Presents or causes to be presented any written or oral
2928 statement as part of, or in support of, a claim for payment or
2929 other benefit pursuant to an insurance policy or a health
2930 maintenance organization subscriber or provider contract,
2931 knowing that such statement contains any false, incomplete, or
2932 misleading information concerning any fact or thing material to
2933 such claim;
2934 2. Prepares or makes any written or oral statement that is
2935 intended to be presented to an any insurer in connection with,
2936 or in support of, any claim for payment or other benefit
2937 pursuant to an insurance policy or a health maintenance
2938 organization subscriber or provider contract, knowing that such
2939 statement contains any false, incomplete, or misleading
2940 information concerning any fact or thing material to such claim;
2941 3.a. Knowingly presents, causes to be presented, or
2942 prepares or makes with knowledge or belief that it will be
2943 presented to an any insurer, purported insurer, servicing
2944 corporation, insurance broker, or insurance agent, or any
2945 employee or agent thereof, any false, incomplete, or misleading
2946 information or a written or oral statement as part of, or in
2947 support of, an application for the issuance of, or the rating
2948 of, any insurance policy, or a health maintenance organization
2949 subscriber or provider contract; or
2950 b. Knowingly conceals information concerning any fact
2951 material to such application; or
2952 4. Knowingly presents, causes to be presented, or prepares
2953 or makes with knowledge or belief that it will be presented to
2954 any insurer a claim for payment or other benefit under medical
2955 payments coverage in a motor vehicle a personal injury
2956 protection insurance policy if the person knows that the payee
2957 knowingly submitted a false, misleading, or fraudulent
2958 application or other document when applying for licensure as a
2959 health care clinic, seeking an exemption from licensure as a
2960 health care clinic, or demonstrating compliance with part X of
2961 chapter 400.
2962 (7)
2963 (c) An insurer, or any person acting at the direction of or
2964 on behalf of an insurer, may not change an opinion in a mental
2965 or physical report prepared under s. 627.7265(9) s. 627.736(7)
2966 or direct the physician preparing the report to change such
2967 opinion; however, this provision does not preclude the insurer
2968 from calling to the attention of the physician errors of fact in
2969 the report based upon information in the claim file. Any person
2970 who violates this paragraph commits a felony of the third
2971 degree, punishable as provided in s. 775.082, s. 775.083, or s.
2972 775.084.
2973 (8)(a) It is unlawful for any person intending to defraud
2974 any other person to solicit or cause to be solicited any
2975 business from a person involved in a motor vehicle accident for
2976 the purpose of making, adjusting, or settling motor vehicle tort
2977 claims or claims for benefits under medical payments coverage in
2978 a motor vehicle insurance policy personal injury protection
2979 benefits required by s. 627.736. Any person who violates the
2980 provisions of this paragraph commits a felony of the second
2981 degree, punishable as provided in s. 775.082, s. 775.083, or s.
2982 775.084. A person who is convicted of a violation of this
2983 subsection shall be sentenced to a minimum term of imprisonment
2984 of 2 years.
2985 (b) A person may not solicit or cause to be solicited any
2986 business from a person involved in a motor vehicle accident by
2987 any means of communication other than advertising directed to
2988 the public for the purpose of making motor vehicle tort claims
2989 or claims for benefits under medical payments coverage in a
2990 motor vehicle insurance policy personal injury protection
2991 benefits required by s. 627.736, within 60 days after the
2992 occurrence of the motor vehicle accident. Any person who
2993 violates this paragraph commits a felony of the third degree,
2994 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2995 (c) A lawyer, health care practitioner as defined in s.
2996 456.001, or owner or medical director of a clinic required to be
2997 licensed pursuant to s. 400.9905 may not, at any time after 60
2998 days have elapsed from the occurrence of a motor vehicle
2999 accident, solicit or cause to be solicited any business from a
3000 person involved in a motor vehicle accident by means of in
3001 person or telephone contact at the person’s residence, for the
3002 purpose of making motor vehicle tort claims or claims for
3003 benefits under medical payments coverage in a motor vehicle
3004 insurance policy personal injury protection benefits required by
3005 s. 627.736. Any person who violates this paragraph commits a
3006 felony of the third degree, punishable as provided in s.
3007 775.082, s. 775.083, or s. 775.084.
3008 (9) A person may not organize, plan, or knowingly
3009 participate in an intentional motor vehicle crash or a scheme to
3010 create documentation of a motor vehicle crash that did not occur
3011 for the purpose of making motor vehicle tort claims or claims
3012 for benefits under medical payments coverage in a motor vehicle
3013 insurance policy personal injury protection benefits as required
3014 by s. 627.736. Any person who violates this subsection commits a
3015 felony of the second degree, punishable as provided in s.
3016 775.082, s. 775.083, or s. 775.084. A person who is convicted of
3017 a violation of this subsection shall be sentenced to a minimum
3018 term of imprisonment of 2 years.
3019 (10) A licensed health care practitioner who is found
3020 guilty of insurance fraud under this section for an act relating
3021 to a motor vehicle personal injury protection insurance policy
3022 loses his or her license to practice for 5 years and may not
3023 receive reimbursement under medical payments coverage in a motor
3024 vehicle insurance policy for personal injury protection benefits
3025 for 10 years.
3026 Section 33. Paragraph (b) of subsection (2) of section
3027 318.18, Florida Statutes, is amended to read:
3028 318.18 Amount of penalties.—The penalties required for a
3029 noncriminal disposition pursuant to s. 318.14 or a criminal
3030 offense listed in s. 318.17 are as follows:
3031 (2) Thirty dollars for all nonmoving traffic violations
3032 and:
3033 (b) For all violations of ss. 320.0605, 320.07(1), 322.065,
3034 and 322.15(1). A Any person who is cited for a violation of s.
3035 320.07(1) shall be charged a delinquent fee pursuant to s.
3036 320.07(4).
3037 1. If a person who is cited for a violation of s. 320.0605
3038 or s. 320.07 can show proof of having a valid registration at
3039 the time of arrest, the clerk of the court may dismiss the case
3040 and may assess a dismissal fee of up to $10. A person who finds
3041 it impossible or impractical to obtain a valid registration
3042 certificate must submit an affidavit detailing the reasons for
3043 the impossibility or impracticality. The reasons may include,
3044 but are not limited to, the fact that the vehicle was sold,
3045 stolen, or destroyed; that the state in which the vehicle is
3046 registered does not issue a certificate of registration; or that
3047 the vehicle is owned by another person.
3048 2. If a person who is cited for a violation of s. 322.03,
3049 s. 322.065, or s. 322.15 can show a driver license issued to him
3050 or her and valid at the time of arrest, the clerk of the court
3051 may dismiss the case and may assess a dismissal fee of up to
3052 $10.
3053 3. If a person who is cited for a violation of s. 316.646
3054 can show proof of security as required by s. 324.021(7) s.
3055 627.733, issued to the person and valid at the time of arrest,
3056 the clerk of the court may dismiss the case and may assess a
3057 dismissal fee of up to $10. A person who finds it impossible or
3058 impractical to obtain proof of security must submit an affidavit
3059 detailing the reasons for the impracticality. The reasons may
3060 include, but are not limited to, the fact that the vehicle has
3061 since been sold, stolen, or destroyed,; that the owner or
3062 registrant of the vehicle is not required by s. 627.733 to
3063 maintain personal injury protection insurance; or that the
3064 vehicle is owned by another person.
3065 Section 34. Paragraph (b) of subsection (1) of section
3066 320.0609, Florida Statutes, is amended to read:
3067 320.0609 Transfer and exchange of registration license
3068 plates; transfer fee.—
3069 (1)
3070 (b) The transfer of a license plate from a vehicle disposed
3071 of to a newly acquired vehicle does not constitute a new
3072 registration. The application for transfer shall be accepted
3073 without requiring proof of personal injury protection or
3074 liability insurance.
3075 Section 35. Subsections (1) and (2) of section 322.251,
3076 Florida Statutes, are amended to read:
3077 322.251 Notice of cancellation, suspension, revocation, or
3078 disqualification of license.—
3079 (1) All orders of cancellation, suspension, revocation, or
3080 disqualification issued under the provisions of this chapter,
3081 chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall
3082 be given either by personal delivery thereof to the licensee
3083 whose license is being canceled, suspended, revoked, or
3084 disqualified or by deposit in the United States mail in an
3085 envelope, first class, postage prepaid, addressed to the
3086 licensee at his or her last known mailing address furnished to
3087 the department. Such mailing by the department constitutes
3088 notification, and any failure by the person to receive the
3089 mailed order will not affect or stay the effective date or term
3090 of the cancellation, suspension, revocation, or disqualification
3091 of the licensee’s driving privilege.
3092 (2) The giving of notice and an order of cancellation,
3093 suspension, revocation, or disqualification by mail is complete
3094 upon expiration of 20 days after deposit in the United States
3095 mail for all notices except those issued under chapter 324 or
3096 ss. 627.732–627.734, which are complete 15 days after deposit in
3097 the United States mail. Proof of the giving of notice and an
3098 order of cancellation, suspension, revocation, or
3099 disqualification in either manner must shall be made by entry in
3100 the records of the department that such notice was given. The
3101 entry is admissible in the courts of this state and constitutes
3102 sufficient proof that such notice was given.
3103 Section 36. Paragraph (a) of subsection (8) of section
3104 322.34, Florida Statutes, is amended to read:
3105 322.34 Driving while license suspended, revoked, canceled,
3106 or disqualified.—
3107 (8)(a) Upon the arrest of a person for the offense of
3108 driving while the person’s driver license or driving privilege
3109 is suspended or revoked, the arresting officer shall determine:
3110 1. Whether the person’s driver license is suspended or
3111 revoked.
3112 2. Whether the person’s driver license has remained
3113 suspended or revoked since a conviction for the offense of
3114 driving with a suspended or revoked license.
3115 3. Whether the suspension or revocation was made under s.
3116 316.646 or s. 627.733, relating to failure to maintain required
3117 security, or under s. 322.264, relating to habitual traffic
3118 offenders.
3119 4. Whether the driver is the registered owner or coowner of
3120 the vehicle.
3121 Section 37. Subsections (1) and (2) of section 324.0221,
3122 Florida Statutes, are amended to read:
3123 324.0221 Reports by insurers to the department; suspension
3124 of driver license and vehicle registrations; reinstatement.—
3125 (1)(a) Each insurer that has issued a policy providing
3126 personal injury protection coverage or property damage liability
3127 coverage shall report the cancellation or nonrenewal thereof to
3128 the department within 10 days after the processing date or
3129 effective date of each cancellation or nonrenewal. Upon the
3130 issuance of a policy providing personal injury protection
3131 coverage or property damage liability coverage to a named
3132 insured not previously insured by the insurer during that
3133 calendar year, the insurer shall report the issuance of the new
3134 policy to the department within 10 days. The report must shall
3135 be in the form and format and contain any information required
3136 by the department and must be provided in a format that is
3137 compatible with the data processing capabilities of the
3138 department. Failure by an insurer to file proper reports with
3139 the department as required by this subsection constitutes a
3140 violation of the Florida Insurance Code. These records may shall
3141 be used by the department only for enforcement and regulatory
3142 purposes, including the generation by the department of data
3143 regarding compliance by owners of motor vehicles with the
3144 requirements for financial responsibility coverage.
3145 (b) With respect to an insurance policy providing medical
3146 payments coverage or personal injury protection coverage or
3147 property damage liability coverage, each insurer shall notify
3148 the named insured, or the first-named insured in the case of a
3149 commercial fleet policy, in writing that any cancellation or
3150 nonrenewal of the policy will be reported by the insurer to the
3151 department. The notice must also inform the named insured that
3152 failure to maintain medical payments coverage, bodily injury
3153 liability personal injury protection coverage, and property
3154 damage liability coverage on a motor vehicle when required by
3155 law may result in the loss of registration and driving
3156 privileges in this state and inform the named insured of the
3157 amount of the reinstatement fees required by this section. This
3158 notice is for informational purposes only, and an insurer is not
3159 civilly liable for failing to provide this notice.
3160 (2) The department shall suspend, after due notice and an
3161 opportunity to be heard, the registration and driver license of
3162 any owner or operator registrant of a motor vehicle with respect
3163 to which security is required under s. 324.022, s. 324.032, s.
3164 627.7415, or s. 627.742 ss. 324.022 and 627.733 upon:
3165 (a) The department’s records showing that the owner or
3166 operator registrant of such motor vehicle did not have the in
3167 full force and effect when required security in full force and
3168 effect that complies with the requirements of ss. 324.022 and
3169 627.733; or
3170 (b) Notification by the insurer to the department, in a
3171 form approved by the department, of cancellation or termination
3172 of the required security.
3173 Section 38. Subsection (6) of section 400.991, Florida
3174 Statutes, is amended to read:
3175 400.991 License requirements; background screenings;
3176 prohibitions.—
3177 (6) All agency forms for licensure application or exemption
3178 from licensure under this part must contain the following
3179 statement:
3180
3181 INSURANCE FRAUD NOTICE.—A person commits a fraudulent
3182 insurance act, as defined in s. 626.989, Florida
3183 Statutes, if such person who knowingly submits a
3184 false, misleading, or fraudulent application or other
3185 document when applying for licensure as a health care
3186 clinic, seeking an exemption from licensure as a
3187 health care clinic, or demonstrating compliance with
3188 part X of chapter 400, Florida Statutes, with the
3189 intent to use the license, exemption from licensure,
3190 or demonstration of compliance to provide services or
3191 seek reimbursement under a motor vehicle liability
3192 insurance policy’s medical payments coverage the
3193 Florida Motor Vehicle No-Fault Law, commits a
3194 fraudulent insurance act, as defined in s. 626.989,
3195 Florida Statutes. A person who presents a claim for
3196 benefits under medical payments coverage personal
3197 injury protection benefits knowing that the payee
3198 knowingly submitted such health care clinic
3199 application or document, commits insurance fraud, as
3200 defined in s. 817.234, Florida Statutes.
3201 Section 39. Paragraph (g) of subsection (1) of section
3202 400.9935, Florida Statutes, is amended to read:
3203 400.9935 Clinic responsibilities.—
3204 (1) Each clinic shall appoint a medical director or clinic
3205 director who shall agree in writing to accept legal
3206 responsibility for the following activities on behalf of the
3207 clinic. The medical director or the clinic director shall:
3208 (g) Conduct systematic reviews of clinic billings to ensure
3209 that the billings are not fraudulent or unlawful. Upon discovery
3210 of an unlawful charge, the medical director or clinic director
3211 shall take immediate corrective action. If the clinic performs
3212 only the technical component of magnetic resonance imaging,
3213 static radiographs, computed tomography, or positron emission
3214 tomography, and provides the professional interpretation of such
3215 services, in a fixed facility that is accredited by a national
3216 accrediting organization that is approved by the Centers for
3217 Medicare and Medicaid Services for magnetic resonance imaging
3218 and advanced diagnostic imaging services and if, in the
3219 preceding quarter, the percentage of scans performed by that
3220 clinic which was billed to automobile all personal injury
3221 protection insurance carriers under medical payments coverage
3222 was less than 15 percent, the chief financial officer of the
3223 clinic may, in a written acknowledgment provided to the agency,
3224 assume the responsibility for the conduct of the systematic
3225 reviews of clinic billings to ensure that the billings are not
3226 fraudulent or unlawful.
3227 Section 40. Paragraph (k) of subsection (2) of section
3228 456.057, Florida Statutes, is amended to read:
3229 456.057 Ownership and control of patient records; report or
3230 copies of records to be furnished; disclosure of information.—
3231 (2) As used in this section, the terms “records owner,”
3232 “health care practitioner,” and “health care practitioner’s
3233 employer” do not include any of the following persons or
3234 entities; furthermore, the following persons or entities are not
3235 authorized to acquire or own medical records, but are authorized
3236 under the confidentiality and disclosure requirements of this
3237 section to maintain those documents required by the part or
3238 chapter under which they are licensed or regulated:
3239 (k) Persons or entities practicing under s. 627.7265(9) s.
3240 627.736(7).
3241 Section 41. Subsection (1) of section 627.06501, Florida
3242 Statutes, is amended to read:
3243 627.06501 Insurance discounts for certain persons
3244 completing driver improvement course.—
3245 (1) Any rate, rating schedule, or rating manual for the
3246 liability, medical payments personal injury protection, and
3247 collision coverages of a motor vehicle insurance policy filed
3248 with the office may provide for an appropriate reduction in
3249 premium charges as to such coverages if when the principal
3250 operator on the covered vehicle has successfully completed a
3251 driver improvement course approved and certified by the
3252 Department of Highway Safety and Motor Vehicles which is
3253 effective in reducing crash or violation rates, or both, as
3254 determined pursuant to s. 318.1451(5). Any discount, not to
3255 exceed 10 percent, used by an insurer is presumed to be
3256 appropriate unless credible data demonstrates otherwise.
3257 Section 42. Section 627.7263, Florida Statutes, is amended
3258 to read:
3259 627.7263 Rental and leasing driver’s insurance to be
3260 primary; exception.—
3261 (1) The valid and collectible liability insurance and
3262 medical payments coverage or personal injury protection
3263 insurance providing coverage for the lessor of a motor vehicle
3264 for rent or lease is primary unless otherwise stated in at least
3265 10-point type on the face of the rental or lease agreement. Such
3266 insurance is primary for the limits of liability and personal
3267 injury protection coverage as required by s. 324.021(7) and
3268 medical payments coverage as required under s. 627.7265 ss.
3269 324.021(7) and 627.736.
3270 (2) If the lessee’s coverage is to be primary, the rental
3271 or lease agreement must contain the following language, in at
3272 least 10-point type:
3273
3274 “The valid and collectible liability insurance and
3275 medical payments coverage personal injury protection
3276 insurance of an any authorized rental or leasing
3277 driver is primary for the limits of liability and
3278 personal injury protection coverage and medical
3279 payments coverage required under ss. 324.021(7) and
3280 627.7265 by ss. 324.021(7) and 627.736, Florida
3281 Statutes.”
3282 Section 43. Paragraph (a) of subsection (1) of section
3283 627.728, Florida Statutes, is amended to read:
3284 627.728 Cancellations; nonrenewals.—
3285 (1) As used in this section, the term:
3286 (a) “Policy” means the bodily injury and property damage
3287 liability, personal injury protection, medical payments,
3288 comprehensive, collision, and uninsured motorist coverage
3289 portions of a policy of motor vehicle insurance delivered or
3290 issued for delivery in this state:
3291 1. Insuring a natural person as named insured or one or
3292 more related individuals who are residents resident of the same
3293 household; and
3294 2. Insuring only a motor vehicle of the private passenger
3295 type or station wagon type which is not used as a public or
3296 livery conveyance for passengers or rented to others; or
3297 insuring any other four-wheel motor vehicle having a load
3298 capacity of 1,500 pounds or less which is not used in the
3299 occupation, profession, or business of the insured other than
3300 farming; other than any policy issued under an automobile
3301 insurance assigned risk plan or covering garage, automobile
3302 sales agency, repair shop, service station, or public parking
3303 place operation hazards.
3304
3305 The term “policy” does not include a binder as defined in s.
3306 627.420 unless the duration of the binder period exceeds 60
3307 days.
3308 Section 44. Subsection (1) of section 627.915, Florida
3309 Statutes, is amended to read:
3310 627.915 Insurer experience reporting.—
3311 (1) Each insurer transacting private passenger automobile
3312 insurance in this state shall report certain information
3313 annually to the office. The information will be due on or before
3314 July 1 of each year. The information must shall be divided into
3315 the following categories: bodily injury liability; property
3316 damage liability; uninsured motorist; personal injury protection
3317 benefits; medical payments; and comprehensive and collision. The
3318 information given must shall be on direct insurance writings in
3319 the state alone and shall represent total limits data. The
3320 information set forth in paragraphs (a)-(f) is applicable to
3321 voluntary private passenger and Joint Underwriting Association
3322 private passenger writings and must shall be reported for each
3323 of the latest 3 calendar-accident years, with an evaluation date
3324 of March 31 of the current year. The information set forth in
3325 paragraphs (g)-(j) is applicable to voluntary private passenger
3326 writings and must shall be reported on a calendar-accident year
3327 basis ultimately seven times at seven different stages of
3328 development.
3329 (a) Premiums earned for the latest 3 calendar-accident
3330 years.
3331 (b) Loss development factors and the historic development
3332 of those factors.
3333 (c) Policyholder dividends incurred.
3334 (d) Expenses for other acquisition and general expense.
3335 (e) Expenses for agents’ commissions and taxes, licenses,
3336 and fees.
3337 (f) Profit and contingency factors as utilized in the
3338 insurer’s automobile rate filings for the applicable years.
3339 (g) Losses paid.
3340 (h) Losses unpaid.
3341 (i) Loss adjustment expenses paid.
3342 (j) Loss adjustment expenses unpaid.
3343 Section 45. Subsections (2) and (3) of section 628.909,
3344 Florida Statutes, are amended to read:
3345 628.909 Applicability of other laws.—
3346 (2) The following provisions of the Florida Insurance Code
3347 apply to captive insurance companies who are not industrial
3348 insured captive insurance companies to the extent that such
3349 provisions are not inconsistent with this part:
3350 (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
3351 624.40851, 624.4095, 624.411, 624.425, and 624.426.
3352 (b) Chapter 625, part II.
3353 (c) Chapter 626, part IX.
3354 (d) Sections 627.730-627.7405, when no-fault coverage is
3355 provided.
3356 (e) Chapter 628.
3357 (3) The following provisions of the Florida Insurance Code
3358 shall apply to industrial insured captive insurance companies to
3359 the extent that such provisions are not inconsistent with this
3360 part:
3361 (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
3362 624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1).
3363 (b) Chapter 625, part II, if the industrial insured captive
3364 insurance company is incorporated in this state.
3365 (c) Chapter 626, part IX.
3366 (d) Sections 627.730-627.7405 when no-fault coverage is
3367 provided.
3368 (e) Chapter 628, except for ss. 628.341, 628.351, and
3369 628.6018.
3370 Section 46. Subsections (2), (6), and (7) of section
3371 705.184, Florida Statutes, are amended to read:
3372 705.184 Derelict or abandoned motor vehicles on the
3373 premises of public-use airports.—
3374 (2) The airport director or the director’s designee shall
3375 contact the Department of Highway Safety and Motor Vehicles to
3376 notify that department that the airport has possession of the
3377 abandoned or derelict motor vehicle and to determine the name
3378 and address of the owner of the motor vehicle, the insurance
3379 company insuring the motor vehicle, notwithstanding the
3380 provisions of s. 627.736, and any person who has filed a lien on
3381 the motor vehicle. Within 7 business days after receipt of the
3382 information, the director or the director’s designee shall send
3383 notice by certified mail, return receipt requested, to the owner
3384 of the motor vehicle, the insurance company insuring the motor
3385 vehicle, notwithstanding the provisions of s. 627.736, and all
3386 persons of record claiming a lien against the motor vehicle. The
3387 notice must shall state the fact of possession of the motor
3388 vehicle, that charges for reasonable towing, storage, and
3389 parking fees, if any, have accrued and the amount thereof, that
3390 a lien as provided in subsection (6) will be claimed, that the
3391 lien is subject to enforcement pursuant to law, that the owner
3392 or lienholder, if any, has the right to a hearing as set forth
3393 in subsection (4), and that any motor vehicle which, at the end
3394 of 30 calendar days after receipt of the notice, has not been
3395 removed from the airport upon payment in full of all accrued
3396 charges for reasonable towing, storage, and parking fees, if
3397 any, may be disposed of as provided in s. 705.182(2)(a), (b),
3398 (d), or (e), including, but not limited to, the motor vehicle
3399 being sold free of all prior liens after 35 calendar days after
3400 the time the motor vehicle is stored if any prior liens on the
3401 motor vehicle are more than 5 years of age or after 50 calendar
3402 days after the time the motor vehicle is stored if any prior
3403 liens on the motor vehicle are 5 years of age or less.
3404 (6) The airport pursuant to this section or, if used, a
3405 licensed independent wrecker company pursuant to s. 713.78 shall
3406 have a lien on an abandoned or derelict motor vehicle for all
3407 reasonable towing, storage, and accrued parking fees, if any,
3408 except that no storage fee may shall be charged if the motor
3409 vehicle is stored less than 6 hours. As a prerequisite to
3410 perfecting a lien under this section, the airport director or
3411 the director’s designee must serve a notice in accordance with
3412 subsection (2) on the owner of the motor vehicle, the insurance
3413 company insuring the motor vehicle, notwithstanding the
3414 provisions of s. 627.736, and all persons of record claiming a
3415 lien against the motor vehicle. If attempts to notify the owner,
3416 the insurance company insuring the motor vehicle,
3417 notwithstanding the provisions of s. 627.736, or lienholders are
3418 not successful, the requirement of notice by mail shall be
3419 considered met. Serving of the notice does not dispense with
3420 recording the claim of lien.
3421 (7)(a) For the purpose of perfecting its lien under this
3422 section, the airport shall record a claim of lien which states
3423 shall state:
3424 1. The name and address of the airport.
3425 2. The name of the owner of the motor vehicle, the
3426 insurance company insuring the motor vehicle, notwithstanding
3427 the provisions of s. 627.736, and all persons of record claiming
3428 a lien against the motor vehicle.
3429 3. The costs incurred from reasonable towing, storage, and
3430 parking fees, if any.
3431 4. A description of the motor vehicle sufficient for
3432 identification.
3433 (b) The claim of lien must shall be signed and sworn to or
3434 affirmed by the airport director or the director’s designee.
3435 (c) The claim of lien is shall be sufficient if it is in
3436 substantially the following form:
3437
3438 CLAIM OF LIEN
3439 State of ........
3440 County of ........
3441 Before me, the undersigned notary public, personally appeared
3442 ........, who was duly sworn and says that he/she is the
3443 ........ of ............, whose address is........; and that the
3444 following described motor vehicle:
3445 ...(Description of motor vehicle)...
3446 owned by ........, whose address is ........, has accrued
3447 $........ in fees for a reasonable tow, for storage, and for
3448 parking, if applicable; that the lienor served its notice to the
3449 owner, the insurance company insuring the motor vehicle
3450 notwithstanding the provisions of s. 627.736, Florida Statutes,
3451 and all persons of record claiming a lien against the motor
3452 vehicle on ...., ...(year)..., by.........
3453 ...(Signature)...
3454 Sworn to (or affirmed) and subscribed before me this .... day of
3455 ...., ...(year)..., by ...(name of person making statement)....
3456 ...(Signature of Notary Public)... ...(Print, Type, or Stamp
3457 Commissioned name of Notary Public)...
3458 Personally Known....OR Produced....as identification.
3459
3460 However, the negligent inclusion or omission of any information
3461 in this claim of lien which does not prejudice the owner does
3462 not constitute a default that operates to defeat an otherwise
3463 valid lien.
3464 (d) The claim of lien must shall be served on the owner of
3465 the motor vehicle, the insurance company insuring the motor
3466 vehicle, notwithstanding the provisions of s. 627.736, and all
3467 persons of record claiming a lien against the motor vehicle. If
3468 attempts to notify the owner, the insurance company insuring the
3469 motor vehicle notwithstanding the provisions of s. 627.736, or
3470 lienholders are not successful, the requirement of notice by
3471 mail shall be considered met. The claim of lien must shall be so
3472 served before recordation.
3473 (e) The claim of lien must shall be recorded with the clerk
3474 of court in the county where the airport is located. The
3475 recording of the claim of lien shall be constructive notice to
3476 all persons of the contents and effect of such claim. The lien
3477 attaches shall attach at the time of recordation and takes shall
3478 take priority as of that time.
3479 Section 47. Subsection (4) of section 713.78, Florida
3480 Statutes, is amended to read:
3481 713.78 Liens for recovering, towing, or storing vehicles
3482 and vessels.—
3483 (4)(a) Any person regularly engaged in the business of
3484 recovering, towing, or storing vehicles or vessels who comes
3485 into possession of a vehicle or vessel pursuant to subsection
3486 (2), and who claims a lien for recovery, towing, or storage
3487 services, shall give notice to the registered owner, the
3488 insurance company insuring the vehicle notwithstanding the
3489 provisions of s. 627.736, and to all persons claiming a lien
3490 thereon, as disclosed by the records in the Department of
3491 Highway Safety and Motor Vehicles or as disclosed by the records
3492 of any corresponding agency in any other state in which the
3493 vehicle is identified through a records check of the National
3494 Motor Vehicle Title Information System or an equivalent
3495 commercially available system as being titled or registered.
3496 (b) If a Whenever any law enforcement agency authorizes the
3497 removal of a vehicle or vessel or if a whenever any towing
3498 service, garage, repair shop, or automotive service, storage, or
3499 parking place notifies the law enforcement agency of possession
3500 of a vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
3501 enforcement agency of the jurisdiction where the vehicle or
3502 vessel is stored shall contact the Department of Highway Safety
3503 and Motor Vehicles, or the appropriate agency of the state of
3504 registration, if known, within 24 hours through the medium of
3505 electronic communications, giving the full description of the
3506 vehicle or vessel. Upon receipt of the full description of the
3507 vehicle or vessel, the department shall search its files to
3508 determine the owner’s name, the insurance company insuring the
3509 vehicle or vessel, and whether any person has filed a lien upon
3510 the vehicle or vessel as provided in s. 319.27(2) and (3) and
3511 notify the applicable law enforcement agency within 72 hours.
3512 The person in charge of the towing service, garage, repair shop,
3513 or automotive service, storage, or parking place shall obtain
3514 such information from the applicable law enforcement agency
3515 within 5 days after the date of storage and shall give notice
3516 pursuant to paragraph (a). The department may release the
3517 insurance company information to the requestor notwithstanding
3518 the provisions of s. 627.736.
3519 (c) Notice by certified mail must shall be sent within 7
3520 business days after the date of storage of the vehicle or vessel
3521 to the registered owner, the insurance company insuring the
3522 vehicle notwithstanding the provisions of s. 627.736, and all
3523 persons of record claiming a lien against the vehicle or vessel.
3524 The notice must It shall state the fact of possession of the
3525 vehicle or vessel, that a lien as provided in subsection (2) is
3526 claimed, that charges have accrued and the amount thereof, that
3527 the lien is subject to enforcement pursuant to law, and that the
3528 owner or lienholder, if any, has the right to a hearing as set
3529 forth in subsection (5), and that any vehicle or vessel which
3530 remains unclaimed, or for which the charges for recovery,
3531 towing, or storage services remain unpaid, may be sold free of
3532 all prior liens after 35 days if the vehicle or vessel is more
3533 than 3 years of age or after 50 days if the vehicle or vessel is
3534 3 years of age or less.
3535 (d) If attempts to locate the name and address of the owner
3536 or lienholder prove unsuccessful, the towing-storage operator
3537 must shall, after 7 working days, excluding Saturday and Sunday,
3538 of the initial tow or storage, notify the public agency of
3539 jurisdiction where the vehicle or vessel is stored in writing by
3540 certified mail or acknowledged hand delivery that the towing
3541 storage company has been unable to locate the name and address
3542 of the owner or lienholder and a physical search of the vehicle
3543 or vessel has disclosed no ownership information and a good
3544 faith effort has been made, including records checks of the
3545 Department of Highway Safety and Motor Vehicles database and the
3546 National Motor Vehicle Title Information System or an equivalent
3547 commercially available system. As used in For purposes of this
3548 paragraph and subsection (9), the term “good faith effort” means
3549 that the following checks have been performed by the company to
3550 establish prior state of registration and for title:
3551 1. Check of the Department of Highway Safety and Motor
3552 Vehicles database for the owner and any lienholder.
3553 2. Check of the electronic National Motor Vehicle Title
3554 Information System or an equivalent commercially available
3555 system to determine the state of registration when there is not
3556 a current registration record for the vehicle on file with the
3557 Department of Highway Safety and Motor Vehicles.
3558 3. Check of vehicle or vessel for any type of tag, tag
3559 record, temporary tag, or regular tag.
3560 4. Check of law enforcement report for tag number or other
3561 information identifying the vehicle or vessel, if the vehicle or
3562 vessel was towed at the request of a law enforcement officer.
3563 5. Check of trip sheet or tow ticket of tow truck operator
3564 to see if a tag was on vehicle or vessel at beginning of tow, if
3565 private tow.
3566 6. If there is no address of the owner on the impound
3567 report, check of law enforcement report to see if an out-of
3568 state address is indicated from driver license information.
3569 7. Check of vehicle or vessel for inspection sticker or
3570 other stickers and decals that may indicate a state of possible
3571 registration.
3572 8. Check of the interior of the vehicle or vessel for any
3573 papers that may be in the glove box, trunk, or other areas for a
3574 state of registration.
3575 9. Check of vehicle for vehicle identification number.
3576 10. Check of vessel for vessel registration number.
3577 11. Check of vessel hull for a hull identification number
3578 which should be carved, burned, stamped, embossed, or otherwise
3579 permanently affixed to the outboard side of the transom or, if
3580 there is no transom, to the outmost seaboard side at the end of
3581 the hull that bears the rudder or other steering mechanism.
3582 Section 48. Paragraph (b) of subsection (2) of section
3583 324.051, Florida Statutes, is amended to read:
3584 324.051 Reports of crashes; suspensions of licenses and
3585 registrations.—
3586 (2)
3587 (b) This subsection does shall not apply:
3588 1. To such operator or owner if such operator or owner had
3589 in effect at the time of such crash or traffic conviction a
3590 motor vehicle an automobile liability policy with respect to all
3591 of the registered motor vehicles owned by such operator or
3592 owner.
3593 2. To such operator, if not the owner of such motor
3594 vehicle, if there was in effect at the time of such crash or
3595 traffic conviction a motor vehicle an automobile liability
3596 policy or bond with respect to his or her operation of motor
3597 vehicles not owned by him or her.
3598 3. To such operator or owner if the liability of such
3599 operator or owner for damages resulting from such crash is, in
3600 the judgment of the department, covered by any other form of
3601 liability insurance or bond.
3602 4. To any person who has obtained from the department a
3603 certificate of self-insurance, in accordance with s. 324.171, or
3604 to any person operating a motor vehicle for such self-insurer.
3605
3606 No such policy or bond shall be effective under this subsection
3607 unless it contains limits of not less than those specified in s.
3608 324.021(7).
3609 Section 49. Subsection (1) of section 324.091, Florida
3610 Statutes, is amended to read:
3611 324.091 Notice to department; notice to insurer.—
3612 (1) Each owner and operator involved in a crash or
3613 conviction case within the purview of this chapter shall furnish
3614 evidence of automobile liability insurance or motor vehicle
3615 liability insurance within 14 days after the date of the mailing
3616 of notice of crash by the department in the form and manner as
3617 it may designate. Upon receipt of evidence that a an automobile
3618 liability policy or motor vehicle liability policy was in effect
3619 at the time of the crash or conviction case, the department
3620 shall forward to the insurer such information for verification
3621 in a method as determined by the department. The insurer shall
3622 respond to the department within 20 days after the notice
3623 whether or not such information is valid. If the department
3624 determines that a an automobile liability policy or motor
3625 vehicle liability policy was not in effect and did not provide
3626 coverage for both the owner and the operator, it must shall take
3627 action as it is authorized to do under this chapter.
3628 Section 50. Section 324.023, Florida Statutes, is amended
3629 to read:
3630 324.023 Financial responsibility for bodily injury or
3631 death.—In addition to any other financial responsibility
3632 required by law, every owner or operator of a motor vehicle that
3633 is required to be registered in this state, or that is located
3634 within this state, and who, regardless of adjudication of guilt,
3635 has been found guilty of or entered a plea of guilty or nolo
3636 contendere to a charge of driving under the influence under s.
3637 316.193 after October 1, 2007, shall, by one of the methods
3638 established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2),
3639 establish and maintain the ability to respond in damages for
3640 liability on account of accidents arising out of the use of a
3641 motor vehicle in the amount of $100,000 because of bodily injury
3642 to, or death of, one person in any one crash and, subject to
3643 such limits for one person, in the amount of $300,000 because of
3644 bodily injury to, or death of, two or more persons in any one
3645 crash and in the amount of $50,000 because of property damage in
3646 any one crash. If the owner or operator chooses to establish and
3647 maintain such ability by furnishing a certificate of deposit
3648 pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of
3649 deposit must be at least $350,000. Such higher limits must be
3650 carried for a minimum period of 3 years. If the owner or
3651 operator has not been convicted of driving under the influence
3652 or a felony traffic offense for a period of 3 years from the
3653 date of reinstatement of driving privileges for a violation of
3654 s. 316.193, the owner or operator shall be exempt from this
3655 section.
3656 Section 51. Applicability and construction; notice to
3657 policyholders.—
3658 (1) As used in this section, the term “minimum security
3659 requirements” means security that enables a person to respond in
3660 damages for liability on account of crashes arising out of the
3661 ownership, maintenance, or use of a motor vehicle in the amounts
3662 required by s. 324.021(7), Florida Statutes.
3663 (2) Effective January 1, 2018:
3664 (a) Motor vehicle insurance policies issued or renewed on
3665 or after that date may not include personal injury protection.
3666 (b) All persons subject to s. 324.022, s. 324.032, s.
3667 627.7415, or s. 627.742, Florida Statutes, must maintain at
3668 least minimum security requirements.
3669 (c) Any new or renewal motor vehicle insurance policy
3670 delivered or issued for delivery in this state must provide
3671 coverage that complies with minimum security requirements.
3672 (d) Any new or renewal motor vehicle insurance policy
3673 furnished to an owner or operator of a motor vehicle as proof of
3674 financial responsibility pursuant to s. 324.022 or s. 324.031,
3675 Florida Statutes, must provide medical payments coverage that
3676 complies with s. 627.7265, Florida Statutes.
3677 (e) An existing motor vehicle insurance policy issued
3678 before that date which provides personal injury protection and
3679 property damage liability coverage that meets the requirements
3680 of s. 324.022, Florida Statutes, on December 31, 2017, but which
3681 does not meet minimum security requirements on or after January
3682 1, 2018, is deemed to meet the security requirements of s.
3683 324.022, Florida Statutes, and the medical payments coverage
3684 requirements of s. 627.7265, Florida Statutes, until such policy
3685 is renewed, nonrenewed, or canceled on or after January 1, 2018.
3686 (3) Each insurer shall allow each insured who has a new or
3687 renewal policy providing personal injury protection, which
3688 becomes effective before January 1, 2018, and whose policy does
3689 not meet minimum security requirements on or after January 1,
3690 2018, to change coverages so as to eliminate personal injury
3691 protection and obtain coverage providing minimum security
3692 requirements, which shall be effective on or after January 1,
3693 2018. The insurer is not required to provide coverage complying
3694 with minimum security requirements in such policies if the
3695 insured does not pay the required premium, if any, by January 1,
3696 2018, or such later date as the insurer may allow. Any reduction
3697 in the premium must be refunded by the insurer. The insurer may
3698 not impose on the insured an additional fee or charge that
3699 applies solely to a change in coverage; however, the insurer may
3700 charge an additional required premium that is actuarially
3701 indicated.
3702 (4) By September 1, 2017, each motor vehicle insurer shall
3703 provide notice of this section to each motor vehicle
3704 policyholder who is subject to this section. The notice is
3705 subject to approval by the Office of Insurance Regulation and
3706 must clearly inform the policyholder that:
3707 (a) The Florida Motor Vehicle No-Fault Law is repealed,
3708 effective January 1, 2018, and that on or after that date, the
3709 insured is no longer required to maintain personal injury
3710 protection insurance coverage, that personal injury protection
3711 coverage is no longer available for purchase in this state, and
3712 that all new or renewal policies issued on or after that date do
3713 not contain such coverage.
3714 (b) Effective January 1, 2018, a person subject to the
3715 financial responsibility requirements of s. 324.022, Florida
3716 Statutes, must maintain minimum security requirements that
3717 enable the person to respond in damages for liability on account
3718 of accidents arising out of the ownership, maintenance, or use
3719 of a motor vehicle in the following amounts:
3720 1. Beginning on the effective date of this act, and
3721 continuing through December 31, 2019:
3722 a. Twenty thousand dollars for bodily injury to, or the
3723 death of, one person in any one crash and, subject to such
3724 limits for one person, in the amount of $40,000 for bodily
3725 injury to, or the death of, two or more persons in any one
3726 crash; and
3727 b. Ten thousand dollars for damage to, or destruction of,
3728 property of others in any one crash.
3729 2. Beginning January 1, 2020, and continuing through
3730 December 31, 2021:
3731 a. Twenty-five thousand dollars for bodily injury to, or
3732 the death of, one person in any one crash and, subject to such
3733 limits for one person, in the amount of $50,000 for bodily
3734 injury to, or the death of, two or more persons in any one
3735 crash; and
3736 b. Ten thousand dollars for damage to, or destruction of,
3737 property of others in any one crash.
3738 3. Beginning January 1, 2022, and continuing thereafter:
3739 a. Thirty thousand dollars for bodily injury to, or the
3740 death of, one person in any one crash and, subject to such
3741 limits for one person, in the amount of $60,000 for bodily
3742 injury to, or the death of, two or more persons in any one
3743 crash; and
3744 b. Ten thousand dollars for damage to, or destruction of,
3745 property of others in any one crash.
3746 (c) Personal injury protection insurance paid covered
3747 medical expenses for injuries sustained in a motor vehicle crash
3748 by the policyholder, passengers, and relatives residing in the
3749 policyholder’s household.
3750 (d) Bodily injury liability coverage protects the insured,
3751 up to the coverage limits, against loss if the insured is
3752 legally responsible for the death of or bodily injury to others
3753 in a motor vehicle accident.
3754 (e) Effective January 1, 2018, a person who purchases a
3755 motor vehicle liability insurance policy as proof of financial
3756 responsibility must maintain medical payments coverage that
3757 complies with s. 627.7265, Florida Statutes. Medical payments
3758 coverage pays covered medical expenses, up to the limits of such
3759 coverage, for injuries sustained in a motor vehicle crash by the
3760 policyholder, passengers, and relatives residing in the
3761 policyholder’s household, as provided in s. 627.7265, Florida
3762 Statutes.
3763 (f) The policyholder may obtain underinsured motorist
3764 coverage, which provides benefits, up to the limits of such
3765 coverage, to a policyholder or other insured entitled to recover
3766 damages for bodily injury, sickness, disease, or death resulting
3767 from a motor vehicle accident with an uninsured or underinsured
3768 owner or operator of a motor vehicle.
3769 (g) If the policyholder’s new or renewal motor vehicle
3770 insurance policy is effective before January 1, 2018, and
3771 contains personal injury protection and property damage
3772 liability coverage as required by state law before January 1,
3773 2018, but does not meet minimum security requirements on or
3774 after January 1, 2018, the policy is deemed to meet minimum
3775 security requirements until it is renewed, nonrenewed, or
3776 canceled on or after January 1, 2018.
3777 (h) A policyholder whose new or renewal policy becomes
3778 effective before January 1, 2018, but does not meet minimum
3779 security requirements on or after January 1, 2018, may change
3780 coverages under the policy so as to eliminate personal injury
3781 protection and to obtain coverage providing minimum security
3782 requirements, including bodily injury liability coverage, which
3783 are effective on or after January 1, 2018.
3784 (i) If the policyholder has any questions, he or she should
3785 contact the person named at the telephone number provided in the
3786 notice.
3787 (5) This section takes effect on the effective date of this
3788 act.
3789 Section 52. Application of suspensions for failure to
3790 maintain security; reinstatement.—All suspensions for failure to
3791 maintain required security as required by law in effect before
3792 January 1, 2018, remain in full force and effect after the
3793 effective date of this act. A driver may reinstate a suspended
3794 driver license or registration as provided under s. 324.0221,
3795 Florida Statutes.
3796 Section 53. The Division of Law Revision and Information is
3797 directed to replace the phrase “the effective date of this act”
3798 wherever it occurs in this act with the date this act becomes a
3799 law.
3800 Section 54. Except as otherwise expressly provided in this
3801 act and except for this section, which shall take effect upon
3802 this act becoming a law, this act shall take effect January 1,
3803 2018.