Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 150
       
       
       
       
       
       
                                Ì177304ÈÎ177304                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/28/2018           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Appropriations Subcommittee on Health and Human Services
       (Rouson) recommended the following:
       
    1         Senate Substitute for Amendment (371248) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Sections 627.730, 627.731, 627.7311, 627.732,
    7  627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,
    8  and 627.7405, Florida Statutes, which comprise the Florida Motor
    9  Vehicle No-Fault Law, are repealed.
   10         Section 2. Section 627.7407, Florida Statutes, is repealed.
   11         Section 3. Subsection (1) of section 316.646, Florida
   12  Statutes, is amended to read:
   13         316.646 Security required; proof of security and display
   14  thereof.—
   15         (1) Any person required by s. 324.022 to maintain liability
   16  security for property damage, liability security, required by s.
   17  324.023 to maintain liability security for bodily injury, or
   18  death, or required by s. 627.733 to maintain personal injury
   19  protection security on a motor vehicle shall have in his or her
   20  immediate possession at all times while operating such motor
   21  vehicle proper proof of maintenance of the required security
   22  required under s. 324.021(7).
   23         (a) Such proof must shall be in a uniform paper or
   24  electronic format, as prescribed by the department, a valid
   25  insurance policy, an insurance policy binder, a certificate of
   26  insurance, or such other proof as may be prescribed by the
   27  department.
   28         (b)1. The act of presenting to a law enforcement officer an
   29  electronic device displaying proof of insurance in an electronic
   30  format does not constitute consent for the officer to access any
   31  information on the device other than the displayed proof of
   32  insurance.
   33         2. The person who presents the device to the officer
   34  assumes the liability for any resulting damage to the device.
   35         Section 4. Paragraph (b) of subsection (2) of section
   36  318.18, Florida Statutes, is amended to read:
   37         318.18 Amount of penalties.—The penalties required for a
   38  noncriminal disposition pursuant to s. 318.14 or a criminal
   39  offense listed in s. 318.17 are as follows:
   40         (2) Thirty dollars for all nonmoving traffic violations
   41  and:
   42         (b) For all violations of ss. 320.0605, 320.07(1), 322.065,
   43  and 322.15(1). A Any person who is cited for a violation of s.
   44  320.07(1) shall be charged a delinquent fee pursuant to s.
   45  320.07(4).
   46         1. If a person who is cited for a violation of s. 320.0605
   47  or s. 320.07 can show proof of having a valid registration at
   48  the time of arrest, the clerk of the court may dismiss the case
   49  and may assess a dismissal fee of up to $10. A person who finds
   50  it impossible or impractical to obtain a valid registration
   51  certificate must submit an affidavit detailing the reasons for
   52  the impossibility or impracticality. The reasons may include,
   53  but are not limited to, the fact that the vehicle was sold,
   54  stolen, or destroyed; that the state in which the vehicle is
   55  registered does not issue a certificate of registration; or that
   56  the vehicle is owned by another person.
   57         2. If a person who is cited for a violation of s. 322.03,
   58  s. 322.065, or s. 322.15 can show a driver license issued to him
   59  or her and valid at the time of arrest, the clerk of the court
   60  may dismiss the case and may assess a dismissal fee of up to
   61  $10.
   62         3. If a person who is cited for a violation of s. 316.646
   63  can show proof of security as required by s. 324.021(7) s.
   64  627.733, issued to the person and valid at the time of arrest,
   65  the clerk of the court may dismiss the case and may assess a
   66  dismissal fee of up to $10. A person who finds it impossible or
   67  impractical to obtain proof of security must submit an affidavit
   68  detailing the reasons for the impracticality. The reasons may
   69  include, but are not limited to, the fact that the vehicle has
   70  since been sold, stolen, or destroyed; that the owner or
   71  registrant of the vehicle is not required by s. 627.733 to
   72  maintain personal injury protection insurance; or that the
   73  vehicle is owned by another person.
   74         Section 5. Paragraphs (a) and (d) of subsection (5) of
   75  section 320.02, Florida Statutes, are amended to read:
   76         320.02 Registration required; application for registration;
   77  forms.—
   78         (5)(a) Proof that bodily injury liability coverage and
   79  property damage liability coverage personal injury protection
   80  benefits have been purchased if required under s. 324.022, s.
   81  324.032, or s. 627.742, that medical payments coverage has been
   82  purchased if required under s. 627.7265 s. 627.733, that
   83  property damage liability coverage has been purchased as
   84  required under s. 324.022, that bodily injury liability or death
   85  coverage has been purchased if required under s. 324.023, and
   86  that combined bodily liability insurance and property damage
   87  liability insurance have been purchased if required under s.
   88  627.7415 must shall be provided in the manner prescribed by law
   89  by the applicant at the time of application for registration of
   90  any motor vehicle that is subject to such requirements. The
   91  issuing agent may not shall refuse to issue registration if such
   92  proof of purchase is not provided. Insurers shall furnish
   93  uniform proof-of-purchase cards in a paper or electronic format
   94  in a form prescribed by the department and include the name of
   95  the insured’s insurance company, the coverage identification
   96  number, and the make, year, and vehicle identification number of
   97  the vehicle insured. The card must contain a statement notifying
   98  the applicant of the penalty specified under s. 316.646(4). The
   99  card or insurance policy, insurance policy binder, or
  100  certificate of insurance or a photocopy of any of these; an
  101  affidavit containing the name of the insured’s insurance
  102  company, the insured’s policy number, and the make and year of
  103  the vehicle insured; or such other proof as may be prescribed by
  104  the department constitutes shall constitute sufficient proof of
  105  purchase. If an affidavit is provided as proof, it must be in
  106  substantially the following form:
  107  
  108  Under penalty of perjury, I ...(Name of insured)... do hereby
  109  certify that I have ...(bodily injury liability and Personal
  110  Injury Protection, property damage liability coverage, and
  111  medical payments coverage, and, if required, Bodily Injury
  112  Liability)... Insurance currently in effect with ...(Name of
  113  insurance company)... under ...(policy number)... covering
  114  ...(make, year, and vehicle identification number of
  115  vehicle).... ...(Signature of Insured)...
  116  
  117  Such affidavit must include the following warning:
  118  
  119  WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
  120  REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
  121  LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
  122  SUBJECT TO PROSECUTION.
  123  
  124  If an application is made through a licensed motor vehicle
  125  dealer as required under s. 319.23, the original or a photocopy
  126  photostatic copy of such card, insurance policy, insurance
  127  policy binder, or certificate of insurance or the original
  128  affidavit from the insured must shall be forwarded by the dealer
  129  to the tax collector of the county or the Department of Highway
  130  Safety and Motor Vehicles for processing. By executing the
  131  aforesaid affidavit, a no licensed motor vehicle dealer is not
  132  will be liable in damages for any inadequacy, insufficiency, or
  133  falsification of any statement contained therein. A card must
  134  also indicate the existence of any bodily injury liability
  135  insurance voluntarily purchased.
  136         (d) The verifying of proof of personal injury protection
  137  insurance, proof of property damage liability insurance, proof
  138  of combined bodily liability insurance and property damage
  139  liability insurance, or proof of financial responsibility
  140  insurance and the issuance or failure to issue the motor vehicle
  141  registration under the provisions of this chapter may not be
  142  construed in any court as a warranty of the reliability or
  143  accuracy of the evidence of such proof, or that the provisions
  144  of any insurance policy furnished as proof of financial
  145  responsibility comply with state law. Neither The department or
  146  nor any tax collector is not liable in damages for any
  147  inadequacy, insufficiency, falsification, or unauthorized
  148  modification of any item of the proof of personal injury
  149  protection insurance, proof of property damage liability
  150  insurance, proof of combined bodily liability insurance and
  151  property damage liability insurance, or proof of financial
  152  responsibility before insurance prior to, during, or subsequent
  153  to the verification of the proof. The issuance of a motor
  154  vehicle registration does not constitute prima facie evidence or
  155  a presumption of insurance coverage.
  156         Section 6. Paragraph (b) of subsection (1) of section
  157  320.0609, Florida Statutes, is amended to read:
  158         320.0609 Transfer and exchange of registration license
  159  plates; transfer fee.—
  160         (1)
  161         (b) The transfer of a license plate from a vehicle disposed
  162  of to a newly acquired vehicle does not constitute a new
  163  registration. The application for transfer shall be accepted
  164  without requiring proof of personal injury protection or
  165  liability insurance.
  166         Section 7. Paragraph (g) is added to subsection (1) of
  167  section 320.27, Florida Statutes, and subsection (3) of that
  168  section is amended, to read:
  169         320.27 Motor vehicle dealers.—
  170         (1) DEFINITIONS.—The following words, terms, and phrases
  171  when used in this section have the meanings respectively
  172  ascribed to them in this subsection, except where the context
  173  clearly indicates a different meaning:
  174         (g)“Garage liability insurance” means combined single
  175  limit liability coverage, including property damage and bodily
  176  injury liability coverage, in the amount of:
  177         1. Beginning January 1, 2019, and continuing through
  178  December 31, 2020, at least $50,000.
  179         2. Beginning January 1, 2021, and continuing through
  180  December 31, 2022, at least $60,000.
  181         3. Beginning January 1, 2023 and thereafter, at least
  182  $70,000.
  183         (3) APPLICATION AND FEE.—The application for the license
  184  application must shall be in such form as may be prescribed by
  185  the department and is shall be subject to such rules with
  186  respect thereto as may be so prescribed by the department it.
  187  Such application must shall be verified by oath or affirmation
  188  and must shall contain a full statement of the name and birth
  189  date of the person or persons applying for the license therefor;
  190  the name of the firm or copartnership, with the names and places
  191  of residence of all members thereof, if such applicant is a firm
  192  or copartnership; the names and places of residence of the
  193  principal officers, if the applicant is a body corporate or
  194  other artificial body; the name of the state under whose laws
  195  the corporation is organized; the present and former place or
  196  places of residence of the applicant; and the prior business in
  197  which the applicant has been engaged and its the location
  198  thereof. The Such application must shall describe the exact
  199  location of the place of business and must shall state whether
  200  the place of business is owned by the applicant and when
  201  acquired, or, if leased, a true copy of the lease must shall be
  202  attached to the application. The applicant shall certify that
  203  the location provides an adequately equipped office and is not a
  204  residence; that the location affords sufficient unoccupied space
  205  upon and within which adequately to store all motor vehicles
  206  offered and displayed for sale; and that the location is a
  207  suitable place where the applicant can in good faith carry on
  208  such business and keep and maintain books, records, and files
  209  necessary to conduct such business, which must shall be
  210  available at all reasonable hours to inspection by the
  211  department or any of its inspectors or other employees. The
  212  applicant shall certify that the business of a motor vehicle
  213  dealer is the principal business that will which shall be
  214  conducted at that location. The application must shall contain a
  215  statement that the applicant is either franchised by a
  216  manufacturer of motor vehicles, in which case the name of each
  217  motor vehicle that the applicant is franchised to sell must
  218  shall be included, or an independent (nonfranchised) motor
  219  vehicle dealer. The application must shall contain other
  220  relevant information as may be required by the department. The
  221  applicant must furnish, including evidence, in a form approved
  222  by the department, that the applicant is insured under a garage
  223  liability insurance policy or a general liability insurance
  224  policy coupled with a business automobile policy having the
  225  garage liability insurance coverage required by this subsection,
  226  which shall include, at a minimum, $25,000 combined single-limit
  227  liability coverage including bodily injury and property damage
  228  protection and $10,000 personal injury protection. However, a
  229  salvage motor vehicle dealer as defined in subparagraph (1)(c)5.
  230  is exempt from the requirements for garage liability insurance
  231  and medical payments coverage insurance and personal injury
  232  protection insurance on those vehicles that cannot be legally
  233  operated on roads, highways, or streets in this state. Franchise
  234  dealers must submit a garage liability insurance policy, and all
  235  other dealers must submit a garage liability insurance policy or
  236  a general liability insurance policy coupled with a business
  237  automobile policy. Such policy must shall be for the license
  238  period, and evidence of a new or continued policy must shall be
  239  delivered to the department at the beginning of each license
  240  period. Upon making an initial application, the applicant shall
  241  pay to the department a fee of $300 in addition to any other
  242  fees required by law. Applicants may choose to extend the
  243  licensure period for 1 additional year for a total of 2 years.
  244  An initial applicant shall pay to the department a fee of $300
  245  for the first year and $75 for the second year, in addition to
  246  any other fees required by law. An applicant for renewal shall
  247  pay to the department $75 for a 1-year renewal or $150 for a 2
  248  year renewal, in addition to any other fees required by law.
  249  Upon making an application for a change of location, the
  250  applicant person shall pay a fee of $50 in addition to any other
  251  fees now required by law. The department shall, in the case of
  252  every application for initial licensure, verify whether certain
  253  facts set forth in the application are true. Each applicant,
  254  general partner in the case of a partnership, or corporate
  255  officer and director in the case of a corporate applicant shall,
  256  must file a set of fingerprints with the department for the
  257  purpose of determining any prior criminal record or any
  258  outstanding warrants. The department shall submit the
  259  fingerprints to the Department of Law Enforcement for state
  260  processing and forwarding to the Federal Bureau of Investigation
  261  for federal processing. The actual cost of state and federal
  262  processing must shall be borne by the applicant and is in
  263  addition to the fee for licensure. The department may issue a
  264  license to an applicant pending the results of the fingerprint
  265  investigation, which license is fully revocable if the
  266  department subsequently determines that any facts set forth in
  267  the application are not true or correctly represented.
  268         Section 8. Paragraph (j) of subsection (3) of section
  269  320.771, Florida Statutes, is amended to read:
  270         320.771 License required of recreational vehicle dealers.—
  271         (3) APPLICATION.—The application for such license shall be
  272  in the form prescribed by the department and subject to such
  273  rules as may be prescribed by it. The application shall be
  274  verified by oath or affirmation and shall contain:
  275         (j) A statement that the applicant is insured under a
  276  garage liability insurance policy in accordance with s.
  277  320.27(1)(g), which shall include, at a minimum, $25,000
  278  combined single-limit liability coverage, including bodily
  279  injury and property damage protection, and $10,000 personal
  280  injury protection, if the applicant is to be licensed as a
  281  dealer in, or intends to sell, recreational vehicles.
  282  
  283  The department shall, if it deems necessary, cause an
  284  investigation to be made to ascertain if the facts set forth in
  285  the application are true and shall not issue a license to the
  286  applicant until it is satisfied that the facts set forth in the
  287  application are true.
  288         Section 9. Subsections (1) and (2) of section 322.251,
  289  Florida Statutes, are amended to read:
  290         322.251 Notice of cancellation, suspension, revocation, or
  291  disqualification of license.—
  292         (1) All orders of cancellation, suspension, revocation, or
  293  disqualification issued under the provisions of this chapter,
  294  chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall
  295  be given either by personal delivery thereof to the licensee
  296  whose license is being canceled, suspended, revoked, or
  297  disqualified or by deposit in the United States mail in an
  298  envelope, first class, postage prepaid, addressed to the
  299  licensee at his or her last known mailing address furnished to
  300  the department. Such mailing by the department constitutes
  301  notification, and any failure by the person to receive the
  302  mailed order will not affect or stay the effective date or term
  303  of the cancellation, suspension, revocation, or disqualification
  304  of the licensee’s driving privilege.
  305         (2) The giving of notice and an order of cancellation,
  306  suspension, revocation, or disqualification by mail is complete
  307  upon expiration of 20 days after deposit in the United States
  308  mail for all notices except those issued under chapter 324 or
  309  ss. 627.732–627.734, which are complete 15 days after deposit in
  310  the United States mail. Proof of the giving of notice and an
  311  order of cancellation, suspension, revocation, or
  312  disqualification in either manner must shall be made by entry in
  313  the records of the department that such notice was given. The
  314  entry is admissible in the courts of this state and constitutes
  315  sufficient proof that such notice was given.
  316         Section 10. Paragraph (a) of subsection (8) of section
  317  322.34, Florida Statutes, is amended to read:
  318         322.34 Driving while license suspended, revoked, canceled,
  319  or disqualified.—
  320         (8)(a) Upon the arrest of a person for the offense of
  321  driving while the person’s driver license or driving privilege
  322  is suspended or revoked, the arresting officer shall determine:
  323         1. Whether the person’s driver license is suspended or
  324  revoked.
  325         2. Whether the person’s driver license has remained
  326  suspended or revoked since a conviction for the offense of
  327  driving with a suspended or revoked license.
  328         3. Whether the suspension or revocation was made under s.
  329  316.646 or s. 627.733, relating to failure to maintain required
  330  security, or under s. 322.264, relating to habitual traffic
  331  offenders.
  332         4. Whether the driver is the registered owner or coowner of
  333  the vehicle.
  334         Section 11. Section 324.011, Florida Statutes, is amended
  335  to read:
  336         324.011 Legislative intent and purpose of chapter.—It is
  337  the Legislature’s intent of this chapter to ensure that the
  338  privilege of owning or operating a motor vehicle in this state
  339  be exercised recognize the existing privilege to own or operate
  340  a motor vehicle on the public streets and highways of this state
  341  when such vehicles are used with due consideration for others’
  342  safety others and their property, and to promote safety, and to
  343  provide financial security requirements for such owners and or
  344  operators whose responsibility it is to recompense others for
  345  injury to person or property caused by the operation of a motor
  346  vehicle. Therefore, this chapter requires that every owner or
  347  operator of a motor vehicle required to be registered in this
  348  state establish, maintain, and it is required herein that the
  349  operator of a motor vehicle involved in a crash or convicted of
  350  certain traffic offenses meeting the operative provisions of s.
  351  324.051(2) shall respond for such damages and show proof of
  352  financial ability to respond for damages arising out of the
  353  ownership, maintenance, or use of a motor vehicle in future
  354  accidents as a requisite to owning or operating a motor vehicle
  355  in this state his or her future exercise of such privileges.
  356         Section 12. Subsections (1) and (7) and paragraph (c) of
  357  subsection (9) of section 324.021, Florida Statutes, are
  358  amended, and subsection (12) is added to that section, to read:
  359         324.021 Definitions; minimum insurance required.—The
  360  following words and phrases when used in this chapter shall, for
  361  the purpose of this chapter, have the meanings respectively
  362  ascribed to them in this section, except in those instances
  363  where the context clearly indicates a different meaning:
  364         (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
  365  designed and required to be licensed for use upon a highway,
  366  including trailers and semitrailers designed for use with such
  367  vehicles, except traction engines, road rollers, farm tractors,
  368  power shovels, and well drillers, and every vehicle that is
  369  propelled by electric power obtained from overhead wires but not
  370  operated upon rails, but not including any personal delivery
  371  device as defined in s. 316.003, bicycle, or moped. However, the
  372  term “motor vehicle” does not include a motor vehicle as defined
  373  in s. 627.732(3) when the owner of such vehicle has complied
  374  with the requirements of ss. 627.730-627.7405, inclusive, unless
  375  the provisions of s. 324.051 apply; and, in such case, the
  376  applicable proof of insurance provisions of s. 320.02 apply.
  377         (7) PROOF OF FINANCIAL RESPONSIBILITY.—That Proof of
  378  ability to respond in damages for liability on account of
  379  crashes arising out of the ownership, maintenance, or use of a
  380  motor vehicle:
  381         (a) With respect to a motor vehicle that is not a
  382  commercial motor vehicle, nonpublic sector bus, or for-hire
  383  passenger transportation vehicle:
  384         1.Beginning January 1, 2019, and continuing through
  385  December 31, 2020, in the amount of:
  386         a.Twenty thousand dollars for $10,000 because of bodily
  387  injury to, or the death of, one person in any one crash and,;
  388         (b) subject to such limits for one person, in the amount of
  389  $40,000 for $20,000 because of bodily injury to, or the death
  390  of, two or more persons in any one crash; and
  391         b.Ten thousand dollars for damage to, or destruction of,
  392  property of others in any one crash.
  393         2.Beginning January 1, 2021, and continuing through
  394  December 31, 2022, in the amount of:
  395         a. Twenty-five thousand dollars for bodily injury to, or
  396  the death of, one person in any one crash and, subject to such
  397  limits for one person, in the amount of $50,000 for bodily
  398  injury to, or the death of, two or more persons in any one
  399  crash; and
  400         b. Ten thousand dollars for damage to, or destruction of,
  401  property of others in any one crash.
  402         3. Beginning January 1, 2023, and continuing thereafter, in
  403  the amount of:
  404         a. Thirty thousand dollars for bodily injury to, or the
  405  death of, one person in any one crash and, subject to such
  406  limits for one person, in the amount of $60,000 for bodily
  407  injury to, or the death of, two or more persons in any one
  408  crash; and
  409         b.(c)Ten thousand dollars for damage In the amount of
  410  $10,000 because of injury to, or destruction of, property of
  411  others in any one crash.; and
  412         (b)(d) With respect to commercial motor vehicles and
  413  nonpublic sector buses, in the amounts specified in s. 627.7415
  414  ss. 627.7415 and 627.742, respectively.
  415         (c) With respect to nonpublic sector buses, in the amounts
  416  specified in s. 627.742.
  417         (d) With respect to for-hire passenger transportation
  418  vehicles, in the amounts specified in s. 324.032.
  419         (9) OWNER; OWNER/LESSOR.—
  420         (c) Application.—
  421         1. The limits on liability in subparagraphs (b)2. and 3. do
  422  not apply to an owner of motor vehicles that are used for
  423  commercial activity in the owner’s ordinary course of business,
  424  other than a rental company that rents or leases motor vehicles.
  425  For purposes of this paragraph, the term “rental company”
  426  includes only an entity that is engaged in the business of
  427  renting or leasing motor vehicles to the general public and that
  428  rents or leases a majority of its motor vehicles to persons with
  429  no direct or indirect affiliation with the rental company. The
  430  term also includes a motor vehicle dealer that provides
  431  temporary replacement vehicles to its customers for up to 10
  432  days. The term “rental company” also includes:
  433         a. A related rental or leasing company that is a subsidiary
  434  of the same parent company as that of the renting or leasing
  435  company that rented or leased the vehicle.
  436         b. The holder of a motor vehicle title or an equity
  437  interest in a motor vehicle title if the title or equity
  438  interest is held pursuant to or to facilitate an asset-backed
  439  securitization of a fleet of motor vehicles used solely in the
  440  business of renting or leasing motor vehicles to the general
  441  public and under the dominion and control of a rental company,
  442  as described in this subparagraph, in the operation of such
  443  rental company’s business.
  444         2. Furthermore, with respect to commercial motor vehicles
  445  as defined in s. 207.002 or s. 320.01 s. 627.732, the limits on
  446  liability in subparagraphs (b)2. and 3. do not apply if, at the
  447  time of the incident, the commercial motor vehicle is being used
  448  in the transportation of materials found to be hazardous for the
  449  purposes of the Hazardous Materials Transportation Authorization
  450  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is
  451  required pursuant to such act to carry placards warning others
  452  of the hazardous cargo, unless at the time of lease or rental
  453  either:
  454         a. The lessee indicates in writing that the vehicle will
  455  not be used to transport materials found to be hazardous for the
  456  purposes of the Hazardous Materials Transportation Authorization
  457  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
  458         b. The lessee or other operator of the commercial motor
  459  vehicle has in effect insurance with limits of at least $5
  460  million $5,000,000 combined property damage and bodily injury
  461  liability.
  462         (12) FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.Every “for
  463  hire vehicle” as defined in s. 320.01(15) which is offered or
  464  used to provide transportation for persons, including taxicabs,
  465  limousines, and jitneys.
  466         Section 13. Section 324.022, Florida Statutes, is amended
  467  to read:
  468         324.022 Financial responsibility requirements for property
  469  damage.—
  470         (1)(a) Every owner or operator of a motor vehicle required
  471  to be registered in this state shall establish and continuously
  472  maintain the ability to respond in damages for liability on
  473  account of accidents arising out of the use of the motor vehicle
  474  in the amount of:
  475         1. Beginning January 1, 2019, and continuing through
  476  December 31, 2020:
  477         a.Twenty thousand dollars for bodily injury to, or the
  478  death of, one person in any one crash and, subject to such
  479  limits for one person, in the amount of $40,000 for bodily
  480  injury to, or the death of, two or more persons in any one
  481  crash; and
  482         b. Ten thousand dollars for damage to, or destruction of,
  483  property of others in any one crash.
  484         2. Beginning January 1, 2021, and continuing through
  485  December 31, 2022:
  486         a.Twenty-five thousand dollars for bodily injury to, or
  487  the death of, one person in any one crash and, subject to such
  488  limits for one person, in the amount of $50,000 for bodily
  489  injury to, or the death of, two or more persons in any one
  490  crash; and
  491         b. Ten thousand dollars for damage to, or destruction of,
  492  property of others in any one crash.
  493         3. Beginning January 1, 2023, and continuing thereafter:
  494         a.Thirty thousand dollars for bodily injury to, or the
  495  death of, one person in any one crash and, subject to such
  496  limits for one person, in the amount of $60,000 for bodily
  497  injury to, or the death of, two or more persons in any one
  498  crash; and
  499         b. Ten thousand dollars for $10,000 because of damage to,
  500  or destruction of, property of others in any one crash.
  501         (b) The requirements of paragraph (a) this section may be
  502  met by one of the methods established in s. 324.031; by self
  503  insuring as authorized by s. 768.28(16); or by maintaining
  504  medical payments coverage under s. 627.7265 and a motor vehicle
  505  liability insurance policy that an insurance policy providing
  506  coverage for property damage liability in the amount of at least
  507  $10,000 because of damage to, or destruction of, property of
  508  others in any one accident arising out of the use of the motor
  509  vehicle. The requirements of this section may also be met by
  510  having a policy which provides combined property damage
  511  liability and bodily injury liability coverage for any one crash
  512  arising out of the ownership, maintenance, or use of a motor
  513  vehicle which conforms to the requirements of s. 324.151 in the
  514  amount of:
  515         1. At least $50,000 for every owner or operator subject to
  516  the financial responsibility required in subparagraph (1)(a)1.
  517         2. At least $60,000 for every owner or operator subject to
  518  the financial responsibility required in subparagraph (1)(a)2.
  519         3. At least $70,000 for every owner or operator subject to
  520  the financial responsibility required in subparagraph (1)(a)3.
  521  $30,000 for combined property damage liability and bodily injury
  522  liability for any one crash arising out of the use of the motor
  523  vehicle. The policy, with respect to coverage for property
  524  damage liability, must meet the applicable requirements of s.
  525  324.151, subject to the usual policy exclusions that have been
  526  approved in policy forms by the Office of Insurance Regulation.
  527  No insurer shall have any duty to defend uncovered claims
  528  irrespective of their joinder with covered claims.
  529         (2) As used in this section, the term:
  530         (a) “Motor vehicle” means any self-propelled vehicle that
  531  has four or more wheels and that is of a type designed and
  532  required to be licensed for use on the highways of this state,
  533  and any trailer or semitrailer designed for use with such
  534  vehicle. The term does not include the following:
  535         1. A mobile home as defined in s. 320.01.
  536         2. A motor vehicle that is used in mass transit and
  537  designed to transport more than five passengers, exclusive of
  538  the operator of the motor vehicle, and that is owned by a
  539  municipality, transit authority, or political subdivision of the
  540  state.
  541         3. A school bus as defined in s. 1006.25, which shall
  542  maintain security as required under s. 316.615.
  543         4. A commercial motor vehicle as defined in s. 207.002 or
  544  s. 320.01, which shall maintain security as required under ss.
  545  324.031 and 627.7415.
  546         5. A nonpublic sector bus, which shall maintain security as
  547  required under ss. 324.031 and 627.742.
  548         6.4. A vehicle providing for-hire passenger transportation
  549  vehicle, which that is subject to the provisions of s. 324.031.
  550  A taxicab shall maintain security as required under s. 324.032
  551  s. 324.032(1).
  552         7.5. A personal delivery device as defined in s. 316.003.
  553         (b) “Owner” means the person who holds legal title to a
  554  motor vehicle or the debtor or lessee who has the right to
  555  possession of a motor vehicle that is the subject of a security
  556  agreement or lease with an option to purchase.
  557         (3) Each nonresident owner or registrant of a motor vehicle
  558  that, whether operated or not, has been physically present
  559  within this state for more than 90 days during the preceding 365
  560  days shall maintain security as required by subsection (1). The
  561  security must be that is in effect continuously throughout the
  562  period the motor vehicle remains within this state.
  563         (4) An The owner or registrant of a motor vehicle who is
  564  exempt from the requirements of this section if she or he is a
  565  member of the United States Armed Forces and is called to or on
  566  active duty outside the United States in an emergency situation
  567  is exempt from this section while he or she. The exemption
  568  provided by this subsection applies only as long as the member
  569  of the Armed Forces is on such active duty. This exemption
  570  outside the United States and applies only while the vehicle
  571  covered by the security is not operated by any person. Upon
  572  receipt of a written request by the insured to whom the
  573  exemption provided in this subsection applies, the insurer shall
  574  cancel the coverages and return any unearned premium or suspend
  575  the security required by this section. Notwithstanding s.
  576  324.0221(2) s. 324.0221(3), the department may not suspend the
  577  registration or operator’s license of an any owner or registrant
  578  of a motor vehicle during the time she or he qualifies for the
  579  an exemption under this subsection. An Any owner or registrant
  580  of a motor vehicle who qualifies for the an exemption under this
  581  subsection shall immediately notify the department before prior
  582  to and at the end of the expiration of the exemption.
  583         Section 14. Subsections (1) and (2) of section 324.0221,
  584  Florida Statutes, are amended to read:
  585         324.0221 Reports by insurers to the department; suspension
  586  of driver license and vehicle registrations; reinstatement.—
  587         (1)(a) Each insurer that has issued a policy providing
  588  medical payments coverage or personal injury protection coverage
  589  or property damage liability coverage shall report the
  590  cancellation or nonrenewal thereof to the department within 10
  591  days after the processing date or effective date of each
  592  cancellation or nonrenewal. Upon the issuance of a policy
  593  providing medical payments coverage or personal injury
  594  protection coverage or property damage liability coverage to a
  595  named insured not previously insured by the insurer during that
  596  calendar year, the insurer shall report the issuance of the new
  597  policy to the department within 10 days. The report must shall
  598  be in the form and format and contain any information required
  599  by the department and must be provided in a format that is
  600  compatible with the data processing capabilities of the
  601  department. Failure by an insurer to file proper reports with
  602  the department as required by this subsection constitutes a
  603  violation of the Florida Insurance Code. These records may shall
  604  be used by the department only for enforcement and regulatory
  605  purposes, including the generation by the department of data
  606  regarding compliance by owners of motor vehicles with the
  607  requirements for financial responsibility coverage.
  608         (b) With respect to an insurance policy providing medical
  609  payments coverage or personal injury protection coverage or
  610  property damage liability coverage, each insurer shall notify
  611  the named insured, or the first-named insured in the case of a
  612  commercial fleet policy, in writing that any cancellation or
  613  nonrenewal of the policy will be reported by the insurer to the
  614  department. The notice must also inform the named insured that
  615  failure to maintain medical payments coverage, bodily injury
  616  liability personal injury protection coverage, and property
  617  damage liability coverage on a motor vehicle when required by
  618  law may result in the loss of registration and driving
  619  privileges in this state and inform the named insured of the
  620  amount of the reinstatement fees required by this section. This
  621  notice is for informational purposes only, and an insurer is not
  622  civilly liable for failing to provide this notice.
  623         (2) The department shall suspend, after due notice and an
  624  opportunity to be heard, the registration and driver license of
  625  any owner or registrant of a motor vehicle for with respect to
  626  which security is required under s. 324.022, s. 324.032, s.
  627  627.7415, or s. 627.742 ss. 324.022 and 627.733 upon:
  628         (a) The department’s records showing that the owner or
  629  registrant of such motor vehicle did not have the in full force
  630  and effect when required security in full force and effect that
  631  complies with the requirements of ss. 324.022 and 627.733; or
  632         (b) Notification by the insurer to the department, in a
  633  form approved by the department, of cancellation or termination
  634  of the required security.
  635         Section 15. Section 324.023, Florida Statutes, is amended
  636  to read:
  637         324.023 Financial responsibility for bodily injury or
  638  death.—In addition to any other financial responsibility
  639  required by law, every owner or operator of a motor vehicle that
  640  is required to be registered in this state, or that is located
  641  within this state, and who, regardless of adjudication of guilt,
  642  has been found guilty of or entered a plea of guilty or nolo
  643  contendere to a charge of driving under the influence under s.
  644  316.193 after October 1, 2007, shall, by one of the methods
  645  established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2),
  646  establish and maintain the ability to respond in damages for
  647  liability on account of accidents arising out of the use of a
  648  motor vehicle in the amount of $100,000 because of bodily injury
  649  to, or death of, one person in any one crash and, subject to
  650  such limits for one person, in the amount of $300,000 because of
  651  bodily injury to, or death of, two or more persons in any one
  652  crash and in the amount of $50,000 because of property damage in
  653  any one crash. If the owner or operator chooses to establish and
  654  maintain such ability by furnishing a certificate of deposit
  655  pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of
  656  deposit must be at least $350,000. Such higher limits must be
  657  carried for a minimum period of 3 years. If the owner or
  658  operator has not been convicted of driving under the influence
  659  or a felony traffic offense for a period of 3 years from the
  660  date of reinstatement of driving privileges for a violation of
  661  s. 316.193, the owner or operator shall be exempt from this
  662  section.
  663         Section 16. Section 324.031, Florida Statutes, is amended
  664  to read:
  665         324.031 Manner of proving financial responsibility.—
  666         (1)The owner or operator of a taxicab, limousine, jitney,
  667  or any other for-hire passenger transportation vehicle may prove
  668  financial responsibility by providing satisfactory evidence of
  669  holding a motor vehicle liability policy as defined in s.
  670  324.021(8) or s. 324.151, which policy is issued by an insurance
  671  carrier which is a member of the Florida Insurance Guaranty
  672  Association. The operator or owner of a motor vehicle other than
  673  a for-hire passenger transportation vehicle any other vehicle
  674  may prove his or her financial responsibility by:
  675         (a)(1) Furnishing satisfactory evidence of holding a motor
  676  vehicle liability policy as defined in ss. 324.021(8) and
  677  324.151;
  678         (b)(2) Furnishing a certificate of self-insurance showing a
  679  deposit of cash in accordance with s. 324.161; or
  680         (c)(3) Furnishing a certificate of self-insurance issued by
  681  the department in accordance with s. 324.171.
  682         (2)(a) Any person, including any firm, partnership,
  683  association, corporation, or other person, other than a natural
  684  person, electing to use the method of proof specified in
  685  paragraph (1)(b) subsection (2) shall furnish a certificate of
  686  deposit equal to the number of vehicles owned times:
  687         1. Fifty thousand dollars, to a maximum of $200,000, from
  688  January 1, 2019, through December 31, 2020.
  689         2. Sixty thousand dollars, to a maximum of $240,000, from
  690  January 1, 2021, through December 31, 2022.
  691         3.Seventy thousand dollars, $30,000, to a maximum of
  692  $280,000, from January 1, 2023, and thereafter. $120,000;
  693         (b) In addition, any such person, other than a natural
  694  person, shall maintain insurance providing coverage conforming
  695  to the requirements of s. 324.151 in excess of the amount of the
  696  certificate of deposit, with limits of at least:
  697         1. One hundred twenty-five thousand dollars for bodily
  698  injury to, or the death of, one person in any one crash and,
  699  subject to such limits for one person, in the amount of $250,000
  700  for bodily injury to, or the death of, two or more persons in
  701  any one crash, and $50,000 for damage to, or destruction of,
  702  property of others in any one crash; or $10,000/20,000/10,000 or
  703  $30,000 combined single limits, and such excess insurance shall
  704  provide minimum limits of $125,000/250,000/50,000 or $300,000
  705  combined single limits. These increased limits shall not affect
  706  the requirements for proving financial responsibility under s.
  707  324.032(1).
  708         2. Three hundred thousand dollars for combined bodily
  709  injury liability and property damage liability for any one
  710  crash.
  711         Section 17. Section 324.032, Florida Statutes, is amended
  712  to read:
  713         324.032 Manner of proving Financial responsibility for;
  714  for-hire passenger transportation vehicles.—Notwithstanding the
  715  provisions of s. 324.031:
  716         (1) An owner or lessee of a for-hire passenger
  717  transportation vehicle that is required to be registered in this
  718  state shall establish and continuously maintain the ability to
  719  respond in damages for liability on account of accidents arising
  720  out of the ownership, maintenance, or use of the for-hire
  721  passenger transportation vehicle, in the amount of:
  722         (a) One hundred twenty-five thousand dollars for bodily
  723  injury to, or the death of, one person in any one crash and,
  724  subject to such limits for one person, in the amount of $250,000
  725  for bodily injury to, or the death of, two or more persons in
  726  any one crash; and A person who is either the owner or a lessee
  727  required to maintain insurance under s. 627.733(1)(b) and who
  728  operates one or more taxicabs, limousines, jitneys, or any other
  729  for-hire passenger transportation vehicles may prove financial
  730  responsibility by furnishing satisfactory evidence of holding a
  731  motor vehicle liability policy, but with minimum limits of
  732  $125,000/250,000/50,000.
  733         (b) Fifty thousand dollars for damage to, or destruction
  734  of, property of others in any one crash A person who is either
  735  the owner or a lessee required to maintain insurance under s.
  736  324.021(9)(b) and who operates limousines, jitneys, or any other
  737  for-hire passenger vehicles, other than taxicabs, may prove
  738  financial responsibility by furnishing satisfactory evidence of
  739  holding a motor vehicle liability policy as defined in s.
  740  324.031.
  741         (2)Except as provided in subsection (3), the requirements
  742  of this section must be met by the owner or lessee providing
  743  satisfactory evidence of holding a motor vehicle liability
  744  policy conforming to the requirements of s. 324.151 which is
  745  issued by an insurance carrier that is a member of the Florida
  746  Insurance Guaranty Association.
  747         (3)(2) An owner or a lessee who is required to maintain
  748  insurance under s. 324.021(9)(b) and who operates at least 300
  749  taxicabs, limousines, jitneys, or any other for-hire passenger
  750  transportation vehicles may provide financial responsibility by
  751  complying with the provisions of s. 324.171, such compliance to
  752  be demonstrated by maintaining at its principal place of
  753  business an audited financial statement, prepared in accordance
  754  with generally accepted accounting principles, and providing to
  755  the department a certification issued by a certified public
  756  accountant that the applicant’s net worth is at least equal to
  757  the requirements of s. 324.171 as determined by the Office of
  758  Insurance Regulation of the Financial Services Commission,
  759  including claims liabilities in an amount certified as adequate
  760  by a Fellow of the Casualty Actuarial Society.
  761  
  762  Upon request by the department, the applicant shall must provide
  763  the department at the applicant’s principal place of business in
  764  this state access to the applicant’s underlying financial
  765  information and financial statements that provide the basis of
  766  the certified public accountant’s certification. The applicant
  767  shall reimburse the requesting department for all reasonable
  768  costs incurred by it in reviewing the supporting information.
  769  The maximum amount of self-insurance permissible under this
  770  subsection is $300,000 and must be stated on a per-occurrence
  771  basis, and the applicant shall maintain adequate excess
  772  insurance issued by an authorized or eligible insurer licensed
  773  or approved by the Office of Insurance Regulation. All risks
  774  self-insured shall remain with the owner or lessee providing it,
  775  and the risks are not transferable to any other person, unless a
  776  policy complying with subsections (1) and (2) subsection (1) is
  777  obtained.
  778         Section 18. Paragraph (b) of subsection (2) of section
  779  324.051, Florida Statutes, is amended to read:
  780         324.051 Reports of crashes; suspensions of licenses and
  781  registrations.—
  782         (2)
  783         (b) This subsection does shall not apply:
  784         1. To such operator or owner if such operator or owner had
  785  in effect at the time of such crash or traffic conviction a
  786  motor vehicle an automobile liability policy with respect to all
  787  of the registered motor vehicles owned by such operator or
  788  owner.
  789         2. To such operator, if not the owner of such motor
  790  vehicle, if there was in effect at the time of such crash or
  791  traffic conviction a motor vehicle an automobile liability
  792  policy or bond with respect to his or her operation of motor
  793  vehicles not owned by him or her.
  794         3. To such operator or owner if the liability of such
  795  operator or owner for damages resulting from such crash is, in
  796  the judgment of the department, covered by any other form of
  797  liability insurance or bond.
  798         4. To any person who has obtained from the department a
  799  certificate of self-insurance, in accordance with s. 324.171, or
  800  to any person operating a motor vehicle for such self-insurer.
  801  
  802  No such policy or bond shall be effective under this subsection
  803  unless it contains limits of not less than those specified in s.
  804  324.021(7).
  805         Section 19. Section 324.071, Florida Statutes, is amended
  806  to read:
  807         324.071 Reinstatement; renewal of license; reinstatement
  808  fee.—An Any operator or owner whose license or registration has
  809  been suspended pursuant to s. 324.051(2), s. 324.072, s.
  810  324.081, or s. 324.121 may effect its reinstatement upon
  811  compliance with the provisions of s. 324.051(2)(a)3. or 4., or
  812  s. 324.081(2) and (3), as the case may be, and with one of the
  813  provisions of s. 324.031 and upon payment to the department of a
  814  nonrefundable reinstatement fee of $15. Only one such fee may
  815  shall be paid by any one person regardless irrespective of the
  816  number of licenses and registrations to be then reinstated or
  817  issued to such person. All Such fees must shall be deposited to
  818  a department trust fund. If When the reinstatement of any
  819  license or registration is effected by compliance with s.
  820  324.051(2)(a)3. or 4., the department may shall not renew the
  821  license or registration within a period of 3 years after from
  822  such reinstatement, nor may shall any other license or
  823  registration be issued in the name of such person, unless the
  824  operator continues is continuing to comply with one of the
  825  provisions of s. 324.031.
  826         Section 20. Subsection (1) of section 324.091, Florida
  827  Statutes, is amended to read:
  828         324.091 Notice to department; notice to insurer.—
  829         (1) Each owner and operator involved in a crash or
  830  conviction case within the purview of this chapter shall furnish
  831  evidence of automobile liability insurance or motor vehicle
  832  liability insurance within 14 days after the date of the mailing
  833  of notice of crash by the department in the form and manner as
  834  it may designate. Upon receipt of evidence that a an automobile
  835  liability policy or motor vehicle liability policy was in effect
  836  at the time of the crash or conviction case, the department
  837  shall forward to the insurer such information for verification
  838  in a method as determined by the department. The insurer shall
  839  respond to the department within 20 days after the notice as to
  840  whether or not such information is valid. If the department
  841  determines that a an automobile liability policy or motor
  842  vehicle liability policy was not in effect and did not provide
  843  coverage for both the owner and the operator, it must shall take
  844  action as it is authorized to do under this chapter.
  845         Section 21. Section 324.151, Florida Statutes, is amended
  846  to read:
  847         324.151 Motor vehicle liability policies; required
  848  provisions.—
  849         (1) A motor vehicle liability policy that serves as to be
  850  proof of financial responsibility under s. 324.031(1) must,
  851  shall be issued to owners or operators of motor vehicles under
  852  the following provisions:
  853         (a) A motor vehicle An owner’s liability insurance policy
  854  issued to an owner of a motor vehicle registered in this state
  855  must shall designate by explicit description or by appropriate
  856  reference all motor vehicles for with respect to which coverage
  857  is thereby granted. The policy must and shall insure the person
  858  or persons owner named therein and any other person as operator
  859  using such motor vehicle or motor vehicles with the express or
  860  implied permission of such owner against loss from the liability
  861  imposed by law for damage arising out of the ownership,
  862  maintenance, or use of any such motor vehicle or motor vehicles
  863  within the United States or the Dominion of Canada, subject to
  864  limits, exclusive of interest and costs with respect to each
  865  such motor vehicle as is provided for under s. 324.021(7).
  866  Insurers may make available, with respect to property damage
  867  liability coverage, a deductible amount not to exceed $500. In
  868  the event of a property damage loss covered by a policy
  869  containing a property damage deductible provision, the insurer
  870  shall pay to the third-party claimant the amount of any property
  871  damage liability settlement or judgment, subject to policy
  872  limits, as if no deductible existed.
  873         (b) An operator’s motor vehicle liability policy of
  874  insurance must shall insure the person or persons named therein
  875  against loss from the liability imposed upon him or her by law
  876  for damages arising out of the use by the person of any motor
  877  vehicle not owned by him or her, with the same territorial
  878  limits and subject to the same limits of liability as referred
  879  to above with respect to an owner’s policy of liability
  880  insurance.
  881         (c) All such motor vehicle liability policies must shall
  882  state the name and address of the named insured, the coverage
  883  afforded by the policy, the premium charged therefor, the policy
  884  period, the limits of liability, and must shall contain an
  885  agreement or be endorsed that insurance is provided in
  886  accordance with the coverage defined in this chapter as respects
  887  bodily injury and death or property damage or both and is
  888  subject to all provisions of this chapter. The Said policies
  889  must shall also contain a provision that the satisfaction by an
  890  insured of a judgment for such injury or damage may shall not be
  891  a condition precedent to the right or duty of the insurance
  892  carrier to make payment on account of such injury or damage, and
  893  must shall also contain a provision that bankruptcy or
  894  insolvency of the insured or of the insured’s estate may shall
  895  not relieve the insurance carrier of any of its obligations
  896  under the said policy.
  897         (2) The provisions of This section is shall not be
  898  applicable to any automobile liability policy unless and until
  899  it is furnished as proof of financial responsibility for the
  900  future pursuant to s. 324.031, and then only from and after the
  901  date the said policy is so furnished.
  902         Section 22. Section 324.161, Florida Statutes, is amended
  903  to read:
  904         324.161 Proof of financial responsibility; deposit.—If a
  905  person elects to prove his or her financial responsibility under
  906  the method of proof specified in s. 324.031(1)(b), he or she
  907  must obtain proof of a certificate of deposit annually, in the
  908  amount required under s. 324.031(2), from a financial
  909  institution insured by the Federal Deposit Insurance Corporation
  910  or the National Credit Union Administration. Proof of such
  911  certificate of deposit Annually, before any certificate of
  912  insurance may be issued to a person, including any firm,
  913  partnership, association, corporation, or other person, other
  914  than a natural person, proof of a certificate of deposit of
  915  $30,000 issued and held by a financial institution must be
  916  submitted to the department annually. A power of attorney will
  917  be issued to and held by the department and may be executed upon
  918  a judgment issued against such person making the deposit, for
  919  damages for because of bodily injury to or death of any person
  920  or for damages for because of injury to or destruction of
  921  property resulting from the use or operation of any motor
  922  vehicle occurring after such deposit was made. Money so
  923  deposited is shall not be subject to attachment or execution
  924  unless such attachment or execution arises shall arise out of a
  925  lawsuit suit for such damages as aforesaid.
  926         Section 23. Subsections (1) and (2) of section 324.171,
  927  Florida Statutes, are amended to read:
  928         324.171 Self-insurer.—
  929         (1) A Any person may qualify as a self-insurer by obtaining
  930  a certificate of self-insurance from the department. which may,
  931  in its discretion and Upon application of such a person, the
  932  department may issue a said certificate of self-insurance if the
  933  applicant when such person has satisfied the requirements of
  934  this section to qualify as a self-insurer under this section:
  935         (a) A private individual with private passenger vehicles
  936  must shall possess a net unencumbered worth: of
  937         1.Beginning January 1, 2019, through December 31, 2020, of
  938  at least $80,000.
  939         2. Beginning January 1, 2021, through December 31, 2022, of
  940  at least $100,000.
  941         3. Beginning January 1, 2023, and thereafter, of at least
  942  $120,000 $40,000.
  943         (b) A person, including any firm, partnership, association,
  944  corporation, or other person, other than a natural person, must
  945  shall:
  946         1. Possess a net unencumbered worth: of
  947         a. Beginning January 1, 2019, through December 31, 2020, of
  948  at least $80,000 for the first motor vehicle and $40,000 for
  949  each additional motor vehicle.
  950         b. Beginning January 1, 2021, through December 31, 2022, of
  951  at least $100,000 for the first motor vehicle and $50,000 for
  952  each additional motor vehicle.
  953         c. Beginning January 1, 2023, and thereafter, of at least
  954  $120,000 $40,000 for the first motor vehicle and $60,000 $20,000
  955  for each additional motor vehicle; or
  956         2. Maintain sufficient net worth, in an amount determined
  957  by the department, to be financially responsible for potential
  958  losses. The department shall annually determine the minimum net
  959  worth sufficient to satisfy this subparagraph as determined
  960  annually by the department, pursuant to rules adopted
  961  promulgated by the department, with the assistance of the Office
  962  of Insurance Regulation of the Financial Services Commission, to
  963  be financially responsible for potential losses. The rules must
  964  consider any shall take into consideration excess insurance
  965  carried by the applicant. The department’s determination must
  966  shall be based upon reasonable actuarial principles considering
  967  the frequency, severity, and loss development of claims incurred
  968  by casualty insurers writing coverage on the type of motor
  969  vehicles for which a certificate of self-insurance is desired.
  970         (c) The owner of a commercial motor vehicle, as defined in
  971  s. 207.002 or s. 320.01, may qualify as a self-insurer subject
  972  to the standards provided for in subparagraph (b)2.
  973         (2) The self-insurance certificate must shall provide
  974  limits of liability insurance in the amounts specified under s.
  975  324.021(7) or s. 627.7415 and shall provide personal injury
  976  protection coverage under s. 627.733(3)(b).
  977         Section 24. Section 324.251, Florida Statutes, is amended
  978  to read:
  979         324.251 Short title.—This chapter may be cited as the
  980  “Financial Responsibility Law of 2018 1955” and is shall become
  981  effective at 12:01 a.m., January 1, 2019 October 1, 1955.
  982         Section 25. Subsection (4) of section 400.9905, Florida
  983  Statutes, is amended to read:
  984         400.9905 Definitions.—
  985         (4) “Clinic” means an entity where health care services are
  986  provided to individuals and which tenders charges for
  987  reimbursement for such services, including a mobile clinic and a
  988  portable equipment provider. As used in this part, the term does
  989  not include and the licensure requirements of this part do not
  990  apply to:
  991         (a) Entities licensed or registered by the state under
  992  chapter 395; entities licensed or registered by the state and
  993  providing only health care services within the scope of services
  994  authorized under their respective licenses under ss. 383.30
  995  383.335, chapter 390, chapter 394, chapter 397, this chapter
  996  except part X, chapter 429, chapter 463, chapter 465, chapter
  997  466, chapter 478, part I of chapter 483, chapter 484, or chapter
  998  651; end-stage renal disease providers authorized under 42
  999  C.F.R. part 405, subpart U; providers certified under 42 C.F.R.
 1000  part 485, subpart B or subpart H; or any entity that provides
 1001  neonatal or pediatric hospital-based health care services or
 1002  other health care services by licensed practitioners solely
 1003  within a hospital licensed under chapter 395.
 1004         (b) Entities that own, directly or indirectly, entities
 1005  licensed or registered by the state pursuant to chapter 395;
 1006  entities that own, directly or indirectly, entities licensed or
 1007  registered by the state and providing only health care services
 1008  within the scope of services authorized pursuant to their
 1009  respective licenses under ss. 383.30-383.335, chapter 390,
 1010  chapter 394, chapter 397, this chapter except part X, chapter
 1011  429, chapter 463, chapter 465, chapter 466, chapter 478, part I
 1012  of chapter 483, chapter 484, or chapter 651; end-stage renal
 1013  disease providers authorized under 42 C.F.R. part 405, subpart
 1014  U; providers certified under 42 C.F.R. part 485, subpart B or
 1015  subpart H; or any entity that provides neonatal or pediatric
 1016  hospital-based health care services by licensed practitioners
 1017  solely within a hospital licensed under chapter 395.
 1018         (c) Entities that are owned, directly or indirectly, by an
 1019  entity licensed or registered by the state pursuant to chapter
 1020  395; entities that are owned, directly or indirectly, by an
 1021  entity licensed or registered by the state and providing only
 1022  health care services within the scope of services authorized
 1023  pursuant to their respective licenses under ss. 383.30-383.335,
 1024  chapter 390, chapter 394, chapter 397, this chapter except part
 1025  X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
 1026  478, part I of chapter 483, chapter 484, or chapter 651; end
 1027  stage renal disease providers authorized under 42 C.F.R. part
 1028  405, subpart U; providers certified under 42 C.F.R. part 485,
 1029  subpart B or subpart H; or any entity that provides neonatal or
 1030  pediatric hospital-based health care services by licensed
 1031  practitioners solely within a hospital under chapter 395.
 1032         (d) Entities that are under common ownership, directly or
 1033  indirectly, with an entity licensed or registered by the state
 1034  pursuant to chapter 395; entities that are under common
 1035  ownership, directly or indirectly, with an entity licensed or
 1036  registered by the state and providing only health care services
 1037  within the scope of services authorized pursuant to their
 1038  respective licenses under ss. 383.30-383.335, chapter 390,
 1039  chapter 394, chapter 397, this chapter except part X, chapter
 1040  429, chapter 463, chapter 465, chapter 466, chapter 478, part I
 1041  of chapter 483, chapter 484, or chapter 651; end-stage renal
 1042  disease providers authorized under 42 C.F.R. part 405, subpart
 1043  U; providers certified under 42 C.F.R. part 485, subpart B or
 1044  subpart H; or any entity that provides neonatal or pediatric
 1045  hospital-based health care services by licensed practitioners
 1046  solely within a hospital licensed under chapter 395.
 1047         (e) An entity that is exempt from federal taxation under 26
 1048  U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
 1049  under 26 U.S.C. s. 409 that has a board of trustees at least
 1050  two-thirds of which are Florida-licensed health care
 1051  practitioners and provides only physical therapy services under
 1052  physician orders, any community college or university clinic,
 1053  and any entity owned or operated by the federal or state
 1054  government, including agencies, subdivisions, or municipalities
 1055  thereof.
 1056         (f) A sole proprietorship, group practice, partnership, or
 1057  corporation that provides health care services by physicians
 1058  covered by s. 627.419, that is directly supervised by one or
 1059  more of such physicians, and that is wholly owned by one or more
 1060  of those physicians or by a physician and the spouse, parent,
 1061  child, or sibling of that physician.
 1062         (g) A sole proprietorship, group practice, partnership, or
 1063  corporation that provides health care services by licensed
 1064  health care practitioners under chapter 457, chapter 458,
 1065  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
 1066  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
 1067  chapter 490, chapter 491, or part I, part III, part X, part
 1068  XIII, or part XIV of chapter 468, or s. 464.012, and that is
 1069  wholly owned by one or more licensed health care practitioners,
 1070  or the licensed health care practitioners set forth in this
 1071  paragraph and the spouse, parent, child, or sibling of a
 1072  licensed health care practitioner if one of the owners who is a
 1073  licensed health care practitioner is supervising the business
 1074  activities and is legally responsible for the entity’s
 1075  compliance with all federal and state laws. However, a health
 1076  care practitioner may not supervise services beyond the scope of
 1077  the practitioner’s license, except that, for the purposes of
 1078  this part, a clinic owned by a licensee in s. 456.053(3)(b)
 1079  which provides only services authorized pursuant to s.
 1080  456.053(3)(b) may be supervised by a licensee specified in s.
 1081  456.053(3)(b).
 1082         (h) Clinical facilities affiliated with an accredited
 1083  medical school at which training is provided for medical
 1084  students, residents, or fellows.
 1085         (i) Entities that provide only oncology or radiation
 1086  therapy services by physicians licensed under chapter 458 or
 1087  chapter 459 or entities that provide oncology or radiation
 1088  therapy services by physicians licensed under chapter 458 or
 1089  chapter 459 which are owned by a corporation whose shares are
 1090  publicly traded on a recognized stock exchange.
 1091         (j) Clinical facilities affiliated with a college of
 1092  chiropractic accredited by the Council on Chiropractic Education
 1093  at which training is provided for chiropractic students.
 1094         (k) Entities that provide licensed practitioners to staff
 1095  emergency departments or to deliver anesthesia services in
 1096  facilities licensed under chapter 395 and that derive at least
 1097  90 percent of their gross annual revenues from the provision of
 1098  such services. Entities claiming an exemption from licensure
 1099  under this paragraph must provide documentation demonstrating
 1100  compliance.
 1101         (l) Orthotic, prosthetic, pediatric cardiology, or
 1102  perinatology clinical facilities or anesthesia clinical
 1103  facilities that are not otherwise exempt under paragraph (a) or
 1104  paragraph (k) and that are a publicly traded corporation or are
 1105  wholly owned, directly or indirectly, by a publicly traded
 1106  corporation. As used in this paragraph, a publicly traded
 1107  corporation is a corporation that issues securities traded on an
 1108  exchange registered with the United States Securities and
 1109  Exchange Commission as a national securities exchange.
 1110         (m) Entities that are owned by a corporation that has $250
 1111  million or more in total annual sales of health care services
 1112  provided by licensed health care practitioners where one or more
 1113  of the persons responsible for the operations of the entity is a
 1114  health care practitioner who is licensed in this state and who
 1115  is responsible for supervising the business activities of the
 1116  entity and is responsible for the entity’s compliance with state
 1117  law for purposes of this part.
 1118         (n) Entities that employ 50 or more licensed health care
 1119  practitioners licensed under chapter 458 or chapter 459 where
 1120  the billing for medical services is under a single tax
 1121  identification number. The application for exemption under this
 1122  subsection must include shall contain information that includes:
 1123  the name, residence, and business address and telephone phone
 1124  number of the entity that owns the practice; a complete list of
 1125  the names and contact information of all the officers and
 1126  directors of the corporation; the name, residence address,
 1127  business address, and medical license number of each licensed
 1128  Florida health care practitioner employed by the entity; the
 1129  corporate tax identification number of the entity seeking an
 1130  exemption; a listing of health care services to be provided by
 1131  the entity at the health care clinics owned or operated by the
 1132  entity; and a certified statement prepared by an independent
 1133  certified public accountant which states that the entity and the
 1134  health care clinics owned or operated by the entity have not
 1135  received payment for health care services under medical payments
 1136  personal injury protection insurance coverage for the preceding
 1137  year. If the agency determines that an entity that which is
 1138  exempt under this subsection has received payments for medical
 1139  services under medical payments personal injury protection
 1140  insurance coverage, the agency may deny or revoke the exemption
 1141  from licensure under this subsection.
 1142  
 1143  Notwithstanding this subsection, an entity shall be deemed a
 1144  clinic and must be licensed under this part in order to receive
 1145  medical payments coverage reimbursement under s. 627.7265 the
 1146  Florida Motor Vehicle No-Fault Law, ss. 627.730-627.7405, unless
 1147  exempted under s. 627.736(5)(h).
 1148         Section 26. Subsection (6) of section 400.991, Florida
 1149  Statutes, is amended to read:
 1150         400.991 License requirements; background screenings;
 1151  prohibitions.—
 1152         (6) All agency forms for licensure application or exemption
 1153  from licensure under this part must contain the following
 1154  statement:
 1155  
 1156         INSURANCE FRAUD NOTICE.—A person commits a fraudulent
 1157         insurance act, as defined in s. 626.989, Florida
 1158         Statutes, if the person who knowingly submits a false,
 1159         misleading, or fraudulent application or other
 1160         document when applying for licensure as a health care
 1161         clinic, seeking an exemption from licensure as a
 1162         health care clinic, or demonstrating compliance with
 1163         part X of chapter 400, Florida Statutes, with the
 1164         intent to use the license, exemption from licensure,
 1165         or demonstration of compliance to provide services or
 1166         seek reimbursement under a motor vehicle liability
 1167         insurance policy’s medical payments coverage the
 1168         Florida Motor Vehicle No-Fault Law, commits a
 1169         fraudulent insurance act, as defined in s. 626.989,
 1170         Florida Statutes. A person who presents a claim for
 1171         benefits under medical payments coverage, personal
 1172         injury protection benefits knowing that the payee
 1173         knowingly submitted such health care clinic
 1174         application or document, commits insurance fraud, as
 1175         defined in s. 817.234, Florida Statutes.
 1176         Section 27. Paragraph (g) of subsection (1) of section
 1177  400.9935, Florida Statutes, is amended to read:
 1178         400.9935 Clinic responsibilities.—
 1179         (1) Each clinic shall appoint a medical director or clinic
 1180  director who shall agree in writing to accept legal
 1181  responsibility for the following activities on behalf of the
 1182  clinic. The medical director or the clinic director shall:
 1183         (g) Conduct systematic reviews of clinic billings to ensure
 1184  that the billings are not fraudulent or unlawful. Upon discovery
 1185  of an unlawful charge, the medical director or clinic director
 1186  shall take immediate corrective action. If the clinic performs
 1187  only the technical component of magnetic resonance imaging,
 1188  static radiographs, computed tomography, or positron emission
 1189  tomography, and provides the professional interpretation of such
 1190  services, in a fixed facility that is accredited by a national
 1191  accrediting organization that is approved by the Centers for
 1192  Medicare and Medicaid Services for magnetic resonance imaging
 1193  and advanced diagnostic imaging services and if, in the
 1194  preceding quarter, the percentage of scans performed by that
 1195  clinic which was billed to motor vehicle all personal injury
 1196  protection insurance carriers under medical payments coverage
 1197  was less than 15 percent, the chief financial officer of the
 1198  clinic may, in a written acknowledgment provided to the agency,
 1199  assume the responsibility for the conduct of the systematic
 1200  reviews of clinic billings to ensure that the billings are not
 1201  fraudulent or unlawful.
 1202         Section 28. Subsection (28) of section 409.901, Florida
 1203  Statutes, is amended to read:
 1204         409.901 Definitions; ss. 409.901-409.920.—As used in ss.
 1205  409.901-409.920, except as otherwise specifically provided, the
 1206  term:
 1207         (28) “Third-party benefit” means any benefit that is or may
 1208  be available at any time through contract, court award,
 1209  judgment, settlement, agreement, or any arrangement between a
 1210  third party and any person or entity, including, without
 1211  limitation, a Medicaid recipient, a provider, another third
 1212  party, an insurer, or the agency, for any Medicaid-covered
 1213  injury, illness, goods, or services, including costs of medical
 1214  services related thereto, for bodily personal injury or for
 1215  death of the recipient, but specifically excluding policies of
 1216  life insurance policies on the recipient, unless available under
 1217  terms of the policy to pay medical expenses before prior to
 1218  death. The term includes, without limitation, collateral, as
 1219  defined in this section, health insurance, any benefit under a
 1220  health maintenance organization, a preferred provider
 1221  arrangement, a prepaid health clinic, liability insurance,
 1222  uninsured motorist insurance, medical payments coverage or
 1223  personal injury protection coverage, medical benefits under
 1224  workers’ compensation, and any obligation under law or equity to
 1225  provide medical support.
 1226         Section 29. Paragraph (f) of subsection (11) of section
 1227  409.910, Florida Statutes, is amended to read:
 1228         409.910 Responsibility for payments on behalf of Medicaid
 1229  eligible persons when other parties are liable.—
 1230         (11) The agency may, as a matter of right, in order to
 1231  enforce its rights under this section, institute, intervene in,
 1232  or join any legal or administrative proceeding in its own name
 1233  in one or more of the following capacities: individually, as
 1234  subrogee of the recipient, as assignee of the recipient, or as
 1235  lienholder of the collateral.
 1236         (f) Notwithstanding any provision in this section to the
 1237  contrary, in the event of an action in tort against a third
 1238  party in which the recipient or his or her legal representative
 1239  is a party which results in a judgment, award, or settlement
 1240  from a third party, the amount recovered shall be distributed as
 1241  follows:
 1242         1. After attorney attorney’s fees and taxable costs as
 1243  defined by the Florida Rules of Civil Procedure, one-half of the
 1244  remaining recovery shall be paid to the agency up to the total
 1245  amount of medical assistance provided by Medicaid.
 1246         2. The remaining amount of the recovery shall be paid to
 1247  the recipient.
 1248         3. For purposes of calculating the agency’s recovery of
 1249  medical assistance benefits paid, the fee for services of an
 1250  attorney retained by the recipient or his or her legal
 1251  representative shall be calculated at 25 percent of the
 1252  judgment, award, or settlement.
 1253         4. Notwithstanding any other provision of this section to
 1254  the contrary, the agency shall be entitled to all medical
 1255  coverage benefits up to the total amount of medical assistance
 1256  provided by Medicaid. For purposes of this paragraph, the term
 1257  “medical coverage” means any benefits under health insurance, a
 1258  health maintenance organization, a preferred provider
 1259  arrangement, or a prepaid health clinic, and the portion of
 1260  benefits designated for medical payments under coverage for
 1261  workers’ compensation coverage, motor vehicle insurance
 1262  coverage, personal injury protection, and casualty coverage.
 1263         Section 30. Paragraph (k) of subsection (2) of section
 1264  456.057, Florida Statutes, is amended to read:
 1265         456.057 Ownership and control of patient records; report or
 1266  copies of records to be furnished; disclosure of information.—
 1267         (2) As used in this section, the terms “records owner,”
 1268  “health care practitioner,” and “health care practitioner’s
 1269  employer” do not include any of the following persons or
 1270  entities; furthermore, the following persons or entities are not
 1271  authorized to acquire or own medical records, but are authorized
 1272  under the confidentiality and disclosure requirements of this
 1273  section to maintain those documents required by the part or
 1274  chapter under which they are licensed or regulated:
 1275         (k) Persons or entities practicing under s. 627.7265 s.
 1276  627.736(7).
 1277         Section 31. Paragraphs (ee) and (ff) of subsection (1) of
 1278  section 456.072, Florida Statutes, are amended to read:
 1279         456.072 Grounds for discipline; penalties; enforcement.—
 1280         (1) The following acts shall constitute grounds for which
 1281  the disciplinary actions specified in subsection (2) may be
 1282  taken:
 1283         (ee) With respect to making a medical payments coverage
 1284  personal injury protection claim under s. 627.7265 as required
 1285  by s. 627.736, intentionally submitting a claim, statement, or
 1286  bill that has been upcoded. As used in this paragraph, the term
 1287  “upcoded” means an action that submits a billing code that would
 1288  result in payment greater in amount than would be paid using a
 1289  billing code that accurately describes the services performed.
 1290  The term does not include an otherwise lawful bill by a magnetic
 1291  resonance imaging facility, which globally combines both
 1292  technical and professional components, if the amount of the
 1293  global bill is not more than the components if billed
 1294  separately; however, payment of such a bill constitutes payment
 1295  in full for all components of such service “upcoded” as defined
 1296  in s. 627.732.
 1297         (ff) With respect to making a medical payments coverage
 1298  personal injury protection claim as required under s. 627.7265
 1299  by s. 627.736, intentionally submitting a claim, statement, or
 1300  bill for payment of services that were not rendered.
 1301         Section 32. Paragraphs (i) and (o) of subsection (1) of
 1302  section 626.9541, Florida Statutes, are amended to read:
 1303         626.9541 Unfair methods of competition and unfair or
 1304  deceptive acts or practices defined.—
 1305         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
 1306  ACTS.—The following are defined as unfair methods of competition
 1307  and unfair or deceptive acts or practices:
 1308         (i) Unfair claim settlement practices.—
 1309         1. Attempting to settle claims on the basis of an
 1310  application, when serving as a binder or intended to become a
 1311  part of the policy, or any other material document which was
 1312  altered without notice to, or knowledge or consent of, the
 1313  insured;
 1314         2. A material misrepresentation made to an insured or any
 1315  other person having an interest in the proceeds payable under
 1316  such contract or policy, for the purpose and with the intent of
 1317  effecting settlement of such claims, loss, or damage under such
 1318  contract or policy on less favorable terms than those provided
 1319  in, and contemplated by, such contract or policy; or
 1320         3. Committing or performing with such frequency as to
 1321  indicate a general business practice any of the following:
 1322         a. Failing to adopt and implement standards for the proper
 1323  investigation of claims;
 1324         b. Misrepresenting pertinent facts or insurance policy
 1325  provisions relating to coverages at issue;
 1326         c. Failing to acknowledge and act promptly upon
 1327  communications with respect to claims;
 1328         d. Denying claims without conducting reasonable
 1329  investigations based upon available information;
 1330         e. Failing to affirm or deny full or partial coverage of
 1331  claims, and, as to partial coverage, the dollar amount or extent
 1332  of coverage, or failing to provide a written statement that the
 1333  claim is being investigated, upon the written request of the
 1334  insured within 30 days after proof-of-loss statements have been
 1335  completed;
 1336         f. Failing to promptly provide a reasonable explanation in
 1337  writing to the insured of the basis in the insurance policy, in
 1338  relation to the facts or applicable law, for denial of a claim
 1339  or for the offer of a compromise settlement;
 1340         g. Failing to promptly notify the insured of any additional
 1341  information necessary for the processing of a claim; or
 1342         h. Failing to clearly explain the nature of the requested
 1343  information and the reasons why such information is necessary.
 1344         i. Failing to pay personal injury protection insurance
 1345  claims within the time periods required by s. 627.736(4)(b). The
 1346  office may order the insurer to pay restitution to a
 1347  policyholder, medical provider, or other claimant, including
 1348  interest at a rate consistent with the amount set forth in s.
 1349  55.03(1), for the time period within which an insurer fails to
 1350  pay claims as required by law. Restitution is in addition to any
 1351  other penalties allowed by law, including, but not limited to,
 1352  the suspension of the insurer’s certificate of authority.
 1353         4. Failing to pay undisputed amounts of partial or full
 1354  benefits owed under first-party property insurance policies
 1355  within 90 days after an insurer receives notice of a residential
 1356  property insurance claim, determines the amounts of partial or
 1357  full benefits, and agrees to coverage, unless payment of the
 1358  undisputed benefits is prevented by an act of God, prevented by
 1359  the impossibility of performance, or due to actions by the
 1360  insured or claimant that constitute fraud, lack of cooperation,
 1361  or intentional misrepresentation regarding the claim for which
 1362  benefits are owed.
 1363         (o) Illegal dealings in premiums; excess or reduced charges
 1364  for insurance.—
 1365         1. Knowingly collecting any sum as a premium or charge for
 1366  insurance, which is not then provided, or is not in due course
 1367  to be provided, subject to acceptance of the risk by the
 1368  insurer, by an insurance policy issued by an insurer as
 1369  permitted by this code.
 1370         2. Knowingly collecting as a premium or charge for
 1371  insurance any sum in excess of or less than the premium or
 1372  charge applicable to such insurance, in accordance with the
 1373  applicable classifications and rates as filed with and approved
 1374  by the office, and as specified in the policy; or, in cases when
 1375  classifications, premiums, or rates are not required by this
 1376  code to be so filed and approved, premiums and charges collected
 1377  from a Florida resident in excess of or less than those
 1378  specified in the policy and as fixed by the insurer.
 1379  Notwithstanding any other provision of law, this provision shall
 1380  not be deemed to prohibit the charging and collection, by
 1381  surplus lines agents licensed under part VIII of this chapter,
 1382  of the amount of applicable state and federal taxes, or fees as
 1383  authorized by s. 626.916(4), in addition to the premium required
 1384  by the insurer or the charging and collection, by licensed
 1385  agents, of the exact amount of any discount or other such fee
 1386  charged by a credit card facility in connection with the use of
 1387  a credit card, as authorized by subparagraph (q)3., in addition
 1388  to the premium required by the insurer. This subparagraph shall
 1389  not be construed to prohibit collection of a premium for a
 1390  universal life or a variable or indeterminate value insurance
 1391  policy made in accordance with the terms of the contract.
 1392         3.a. Imposing or requesting an additional premium for
 1393  bodily injury liability coverage, property damage liability
 1394  coverage a policy of motor vehicle liability, personal injury
 1395  protection, medical payment coverage, or collision coverage in a
 1396  motor vehicle liability insurance policy insurance or any
 1397  combination thereof or refusing to renew the policy solely
 1398  because the insured was involved in a motor vehicle accident
 1399  unless the insurer’s file contains information from which the
 1400  insurer in good faith determines that the insured was
 1401  substantially at fault in the accident.
 1402         b. An insurer which imposes and collects such a surcharge
 1403  or which refuses to renew such policy shall, in conjunction with
 1404  the notice of premium due or notice of nonrenewal, notify the
 1405  named insured that he or she is entitled to reimbursement of
 1406  such amount or renewal of the policy under the conditions listed
 1407  below and will subsequently reimburse him or her or renew the
 1408  policy, if the named insured demonstrates that the operator
 1409  involved in the accident was:
 1410         (I) Lawfully parked;
 1411         (II) Reimbursed by, or on behalf of, a person responsible
 1412  for the accident or has a judgment against such person;
 1413         (III) Struck in the rear by another vehicle headed in the
 1414  same direction and was not convicted of a moving traffic
 1415  violation in connection with the accident;
 1416         (IV) Hit by a “hit-and-run” driver, if the accident was
 1417  reported to the proper authorities within 24 hours after
 1418  discovering the accident;
 1419         (V) Not convicted of a moving traffic violation in
 1420  connection with the accident, but the operator of the other
 1421  automobile involved in such accident was convicted of a moving
 1422  traffic violation;
 1423         (VI) Finally adjudicated not to be liable by a court of
 1424  competent jurisdiction;
 1425         (VII) In receipt of a traffic citation which was dismissed
 1426  or nolle prossed; or
 1427         (VIII) Not at fault as evidenced by a written statement
 1428  from the insured establishing facts demonstrating lack of fault
 1429  which are not rebutted by information in the insurer’s file from
 1430  which the insurer in good faith determines that the insured was
 1431  substantially at fault.
 1432         c. In addition to the other provisions of this
 1433  subparagraph, an insurer may not fail to renew a policy if the
 1434  insured has had only one accident in which he or she was at
 1435  fault within the current 3-year period. However, an insurer may
 1436  nonrenew a policy for reasons other than accidents in accordance
 1437  with s. 627.728. This subparagraph does not prohibit nonrenewal
 1438  of a policy under which the insured has had three or more
 1439  accidents, regardless of fault, during the most recent 3-year
 1440  period.
 1441         4. Imposing or requesting an additional premium for, or
 1442  refusing to renew, a policy for motor vehicle insurance solely
 1443  because the insured committed a noncriminal traffic infraction
 1444  as described in s. 318.14 unless the infraction is:
 1445         a. A second infraction committed within an 18-month period,
 1446  or a third or subsequent infraction committed within a 36-month
 1447  period.
 1448         b. A violation of s. 316.183, when such violation is a
 1449  result of exceeding the lawful speed limit by more than 15 miles
 1450  per hour.
 1451         5. Upon the request of the insured, the insurer and
 1452  licensed agent shall supply to the insured the complete proof of
 1453  fault or other criteria which justifies the additional charge or
 1454  cancellation.
 1455         6. No insurer shall impose or request an additional premium
 1456  for motor vehicle insurance, cancel or refuse to issue a policy,
 1457  or refuse to renew a policy because the insured or the applicant
 1458  is a handicapped or physically disabled person, so long as such
 1459  handicap or physical disability does not substantially impair
 1460  such person’s mechanically assisted driving ability.
 1461         7. No insurer may cancel or otherwise terminate any
 1462  insurance contract or coverage, or require execution of a
 1463  consent to rate endorsement, during the stated policy term for
 1464  the purpose of offering to issue, or issuing, a similar or
 1465  identical contract or coverage to the same insured with the same
 1466  exposure at a higher premium rate or continuing an existing
 1467  contract or coverage with the same exposure at an increased
 1468  premium.
 1469         8. No insurer may issue a nonrenewal notice on any
 1470  insurance contract or coverage, or require execution of a
 1471  consent to rate endorsement, for the purpose of offering to
 1472  issue, or issuing, a similar or identical contract or coverage
 1473  to the same insured at a higher premium rate or continuing an
 1474  existing contract or coverage at an increased premium without
 1475  meeting any applicable notice requirements.
 1476         9. No insurer shall, with respect to premiums charged for
 1477  motor vehicle insurance, unfairly discriminate solely on the
 1478  basis of age, sex, marital status, or scholastic achievement.
 1479         10. Imposing or requesting an additional premium for motor
 1480  vehicle comprehensive or uninsured motorist coverage solely
 1481  because the insured was involved in a motor vehicle accident or
 1482  was convicted of a moving traffic violation.
 1483         11. No insurer shall cancel or issue a nonrenewal notice on
 1484  any insurance policy or contract without complying with any
 1485  applicable cancellation or nonrenewal provision required under
 1486  the Florida Insurance Code.
 1487         12. No insurer shall impose or request an additional
 1488  premium, cancel a policy, or issue a nonrenewal notice on any
 1489  insurance policy or contract because of any traffic infraction
 1490  when adjudication has been withheld and no points have been
 1491  assessed pursuant to s. 318.14(9) and (10). However, this
 1492  subparagraph does not apply to traffic infractions involving
 1493  accidents in which the insurer has incurred a loss due to the
 1494  fault of the insured.
 1495         Section 33. Paragraph (a) of subsection (1) of section
 1496  626.989, Florida Statutes, is amended to read:
 1497         626.989 Investigation by department or Division of
 1498  Investigative and Forensic Services; compliance; immunity;
 1499  confidential information; reports to division; division
 1500  investigator’s power of arrest.—
 1501         (1) For the purposes of this section:
 1502         (a) A person commits a “fraudulent insurance act” if the
 1503  person:
 1504         1. Knowingly and with intent to defraud presents, causes to
 1505  be presented, or prepares with knowledge or belief that it will
 1506  be presented, to or by an insurer, self-insurer, self-insurance
 1507  fund, servicing corporation, purported insurer, broker, or any
 1508  agent thereof, any written statement as part of, or in support
 1509  of, an application for the issuance of, or the rating of, any
 1510  insurance policy, or a claim for payment or other benefit
 1511  pursuant to any insurance policy, which the person knows to
 1512  contain materially false information concerning any fact
 1513  material thereto or if the person conceals, for the purpose of
 1514  misleading another, information concerning any fact material
 1515  thereto.
 1516         2. Knowingly submits:
 1517         a. A false, misleading, or fraudulent application or other
 1518  document when applying for licensure as a health care clinic,
 1519  seeking an exemption from licensure as a health care clinic, or
 1520  demonstrating compliance with part X of chapter 400 with an
 1521  intent to use the license, exemption from licensure, or
 1522  demonstration of compliance to provide services or seek
 1523  reimbursement under a motor vehicle liability insurance policy’s
 1524  medical payments coverage the Florida Motor Vehicle No-Fault
 1525  Law.
 1526         b. A claim for payment or other benefit under medical
 1527  payments coverage pursuant to a personal injury protection
 1528  insurance policy under the Florida Motor Vehicle No-Fault Law if
 1529  the person knows that the payee knowingly submitted a false,
 1530  misleading, or fraudulent application or other document when
 1531  applying for licensure as a health care clinic, seeking an
 1532  exemption from licensure as a health care clinic, or
 1533  demonstrating compliance with part X of chapter 400.
 1534         Section 34. Subsection (1) of section 627.06501, Florida
 1535  Statutes, is amended to read:
 1536         627.06501 Insurance discounts for certain persons
 1537  completing driver improvement course.—
 1538         (1) Any rate, rating schedule, or rating manual for the
 1539  liability, medical payments personal injury protection, and
 1540  collision coverages of a motor vehicle insurance policy filed
 1541  with the office may provide for an appropriate reduction in
 1542  premium charges as to such coverages if when the principal
 1543  operator on the covered vehicle has successfully completed a
 1544  driver improvement course approved and certified by the
 1545  Department of Highway Safety and Motor Vehicles which is
 1546  effective in reducing crash or violation rates, or both, as
 1547  determined pursuant to s. 318.1451(5). Any discount, not to
 1548  exceed 10 percent, used by an insurer is presumed to be
 1549  appropriate unless credible data demonstrates otherwise.
 1550         Section 35. Subsection (1) of section 627.0652, Florida
 1551  Statutes, is amended to read:
 1552         627.0652 Insurance discounts for certain persons completing
 1553  safety course.—
 1554         (1) Any rates, rating schedules, or rating manuals for the
 1555  liability, medical payments personal injury protection, and
 1556  collision coverages of a motor vehicle insurance policy filed
 1557  with the office must shall provide for an appropriate reduction
 1558  in premium charges as to such coverages if when the principal
 1559  operator on the covered vehicle is an insured 55 years of age or
 1560  older who has successfully completed a motor vehicle accident
 1561  prevention course approved by the Department of Highway Safety
 1562  and Motor Vehicles. Any discount used by an insurer is presumed
 1563  to be appropriate unless credible data demonstrates otherwise.
 1564         Section 36. Subsections (1), (3), and (6) of section
 1565  627.0653, Florida Statutes, are amended to read:
 1566         627.0653 Insurance discounts for specified motor vehicle
 1567  equipment.—
 1568         (1) Any rates, rating schedules, or rating manuals for the
 1569  liability, medical payments personal injury protection, and
 1570  collision coverages of a motor vehicle insurance policy filed
 1571  with the office must shall provide a premium discount if the
 1572  insured vehicle is equipped with factory-installed, four-wheel
 1573  antilock brakes.
 1574         (3) Any rates, rating schedules, or rating manuals for
 1575  personal injury protection coverage and medical payments
 1576  coverage, if offered, of a motor vehicle insurance policy filed
 1577  with the office must shall provide a premium discount if the
 1578  insured vehicle is equipped with one or more air bags that which
 1579  are factory installed.
 1580         (6) The Office of Insurance Regulation may approve a
 1581  premium discount to any rates, rating schedules, or rating
 1582  manuals for the liability, medical payments personal injury
 1583  protection, and collision coverages of a motor vehicle insurance
 1584  policy filed with the office if the insured vehicle is equipped
 1585  with autonomous driving technology or electronic vehicle
 1586  collision avoidance technology that is factory installed or a
 1587  retrofitted system and that complies with National Highway
 1588  Traffic Safety Administration standards.
 1589         Section 37. Section 627.4132, Florida Statutes, is amended
 1590  to read:
 1591         627.4132 Stacking of coverages prohibited.—If an insured or
 1592  named insured is protected by any type of motor vehicle
 1593  insurance policy for bodily injury and property damage
 1594  liability, personal injury protection, or other coverage, the
 1595  policy must shall provide that the insured or named insured is
 1596  protected only to the extent of the coverage she or he has on
 1597  the vehicle involved in the accident. However, if none of the
 1598  insured’s or named insured’s vehicles are is involved in the
 1599  accident, coverage is available only to the extent of coverage
 1600  on any one of the vehicles with applicable coverage. Coverage on
 1601  any other vehicles may shall not be added to or stacked upon
 1602  that coverage. This section does not apply:
 1603         (1) To uninsured motorist coverage that which is separately
 1604  governed by s. 627.727.
 1605         (2) To reduce the coverage available by reason of insurance
 1606  policies insuring different named insureds.
 1607         Section 38. Section 627.7263, Florida Statutes, is amended
 1608  to read:
 1609         627.7263 Rental and leasing driver’s insurance to be
 1610  primary; exception.—
 1611         (1) The valid and collectible liability insurance and
 1612  medical payments coverage or personal injury protection
 1613  insurance providing coverage for the lessor of a motor vehicle
 1614  for rent or lease is primary unless otherwise stated in at least
 1615  10-point type on the face of the rental or lease agreement. Such
 1616  insurance is primary for the limits of liability and personal
 1617  injury protection coverage as required by s. 324.021(7) and
 1618  medical payments coverage as required under s. 627.7265 ss.
 1619  324.021(7) and 627.736.
 1620         (2) If the lessee’s coverage is to be primary, the rental
 1621  or lease agreement must contain the following language, in at
 1622  least 10-point type:
 1623  
 1624         “The valid and collectible liability insurance and
 1625         medical payments coverage personal injury protection
 1626         insurance of an any authorized rental or leasing
 1627         driver is primary for the limits of liability and
 1628         personal injury protection coverage and medical
 1629         payments coverage required under ss. 324.021(7) and
 1630         627.7265 by ss. 324.021(7) and 627.736, Florida
 1631         Statutes.”
 1632         Section 39. Section 627.7265, Florida Statutes, is created
 1633  to read:
 1634         627.7265 Motor vehicle insurance; medical payments
 1635  coverage.—
 1636         (1) MEDICAL PAYMENTS COVERAGE REQUIRED.—A motor vehicle
 1637  liability insurance policy that is furnished as proof of
 1638  financial responsibility pursuant to s. 324.031 must include
 1639  medical payments coverage as provided in this section. The
 1640  medical payments coverage must protect the named insured,
 1641  resident relatives, persons operating the insured motor vehicle,
 1642  passengers in the insured motor vehicle, and persons who are
 1643  struck by the insured motor vehicle and suffer bodily injury
 1644  while not an occupant of a self-propelled motor vehicle, to a
 1645  limit of at least $15,000 per person for medical expense
 1646  incurred due to bodily injury, sickness, or disease arising out
 1647  of the ownership, maintenance, or use of a motor vehicle. The
 1648  medical payments coverage must also provide each such person
 1649  with a death benefit of at least $5,000. This section may not be
 1650  construed to limit any other coverage made available by an
 1651  insurer. An insurer may not offer medical payments coverage with
 1652  a deductible to an applicant or policyholder.
 1653         (2)REQUIRED BENEFITS.—Medical payments coverage must
 1654  provide coverage for all of the following if medically necessary
 1655  and the individual initially receives such treatment within 14
 1656  days after the motor vehicle accident:
 1657         (a)Emergency transport and treatment by a provider
 1658  licensed under chapter 401.
 1659         (b)Emergency services and care provided by a hospital
 1660  licensed under chapter 395.
 1661         (c)Emergency services and care as defined in s. 395.002,
 1662  provided in a facility licensed under chapter 395 and rendered
 1663  by a physician or dentist, and related hospital inpatient
 1664  services rendered by a physician or dentist.
 1665         (d)Hospital inpatient services, other than emergency
 1666  services and care.
 1667         (e)Hospital outpatient services, other than emergency
 1668  services and care.
 1669         (f) Physician services and care provided by a physician
 1670  licensed under chapter 458 or chapter 459 or a chiropractic
 1671  physician licensed under chapter 460, or dental services and
 1672  care provided by a dentist licensed under chapter 466.
 1673         (3) AUTHORIZED EXCLUSIONS.—Notwithstanding any other
 1674  requirement in this section, an insurer may exclude medical
 1675  payment benefits:
 1676         (a) For injury sustained by the named insured or a resident
 1677  relative while occupying another motor vehicle owned by the
 1678  named insured and not insured under the policy, unless such
 1679  vehicle qualifies as a newly acquired vehicle or temporary
 1680  substitute vehicle.
 1681         (b) For injury sustained by any person operating the
 1682  insured motor vehicle without the express or implied consent of
 1683  the insured.
 1684         (c) For any person who intentionally causes injury to
 1685  himself or herself.
 1686         (d) For any person injured while committing a felony.
 1687         (4) PAYMENT OF BENEFITS.—
 1688         (a)Benefits due from an insurer under medical payments
 1689  coverage are primary to any health insurance benefit of a person
 1690  injured in a motor vehicle accident and apply to any coinsurance
 1691  or deductible amount required by the injured person’s health
 1692  insurance policy, except that:
 1693         1. Benefits received under any workers’ compensation law
 1694  must be credited against medical payments coverage benefits, and
 1695  are due and payable as losses accrue, upon reasonable proof of
 1696  such losses and the amount of expenses and losses incurred which
 1697  are covered by the policy issued under this section.
 1698         2. When the Agency for Health Care Administration provides,
 1699  pays for, or becomes liable for medical assistance under the
 1700  Medicaid program which is related to injury, sickness, disease,
 1701  or death arising out of the ownership, maintenance, or use of a
 1702  motor vehicle, medical payments benefits are subject to the
 1703  provisions of the Medicaid program, and, within 30 days after
 1704  receiving notice that the Medicaid program paid such benefits,
 1705  the insurer must repay the full amount of the benefits to the
 1706  Medicaid program.
 1707         (b)A medical payments insurance policy may include a
 1708  provision allowing subrogation for medical payments benefits
 1709  paid, if the expenses giving rise to the payments were caused by
 1710  wrongful act or omission of another.
 1711         (c)Upon receiving notice of an accident that is
 1712  potentially covered by medical payments coverage benefits, the
 1713  insurer must reserve $2,500 of medical payments coverage
 1714  benefits for payment to physicians licensed under chapter 458 or
 1715  chapter 459 or dentists licensed under chapter 466 who provide
 1716  emergency services and care, as defined in s. 395.002, or who
 1717  provide hospital inpatient care. The amount required to be held
 1718  in reserve may be used only to pay claims from such physicians
 1719  or dentists until 30 days after the date the insurer receives
 1720  notice of the accident. After the 30-day period, any amount of
 1721  the reserve for which the insurer has not received notice of
 1722  such claims may be used by the insurer to pay other claims. This
 1723  paragraph does not require an insurer to establish a claim
 1724  reserve for insurance accounting purposes.
 1725         (5) CHARGES FOR CARE OF INJURED PERSONS.—
 1726         (a) A physician, hospital, clinic, or other person or
 1727  institution lawfully providing medical care to an injured person
 1728  for a bodily injury covered by medical payments coverage may
 1729  charge the insurer and injured party only a reasonable amount
 1730  pursuant to this section. However, such charges may not exceed
 1731  the amount the person or institution customarily charges for
 1732  like medical care. In determining whether a charge for a
 1733  particular service, treatment, supply, or prescription is
 1734  reasonable, consideration may be given to evidence of usual and
 1735  customary charges and payments accepted by the provider involved
 1736  in the dispute; reimbursement levels in the community and
 1737  various federal and state medical fee schedules applicable to
 1738  motor vehicle and other insurance coverages; and other
 1739  information relevant to the reasonableness of the reimbursement
 1740  for the service, treatment, supply, or prescription.
 1741         1. The insurer may limit reimbursement to the following
 1742  schedule of maximum charges:
 1743         a. For emergency transport and treatment by providers
 1744  licensed under chapter 401, 200 percent of Medicare.
 1745         b. For emergency services and care provided by a hospital
 1746  licensed under chapter 395, 75 percent of the hospital’s usual
 1747  and customary charges.
 1748         c. For emergency services and care, as defined in s.
 1749  395.002, provided in a facility licensed under chapter 395 and
 1750  rendered by a physician or dentist, and related hospital
 1751  inpatient services rendered by a physician or dentist, the usual
 1752  and customary charges in the community.
 1753         d. For hospital inpatient services other than emergency
 1754  services and care, 200 percent of the Medicare Part A
 1755  prospective payment applicable to the specific hospital
 1756  providing the inpatient services.
 1757         e. For hospital outpatient services other than emergency
 1758  services and care, 200 percent of the Medicare Part A Ambulatory
 1759  Payment Classification for the specific hospital providing the
 1760  outpatient services.
 1761         f. For all other medical services, supplies, and care, 200
 1762  percent of the allowable amount under:
 1763         (I) The participating physician fee schedule of Medicare
 1764  Part B, except as provided in sub-sub-subparagraphs (II) and
 1765  (III).
 1766         (II) Medicare Part B, in the case of services, supplies,
 1767  and care provided by ambulatory surgical centers and clinical
 1768  laboratories.
 1769         (III) The Durable Medical Equipment Prosthetics/Orthotics
 1770  and Supplies fee schedule of Medicare Part B, in the case of
 1771  durable medical equipment.
 1772  
 1773  However, if such services, supplies, or care is not reimbursable
 1774  under Medicare Part B as provided in this sub-subparagraph, the
 1775  insurer may limit reimbursement to 80 percent of the maximum
 1776  reimbursable allowance under workers’ compensation. Services,
 1777  supplies, or care that is not reimbursable under Medicare or
 1778  workers’ compensation is not required to be reimbursed by the
 1779  insurer.
 1780         2. For purposes of subparagraph 1., the applicable fee
 1781  schedule or payment limitation under Medicare is the fee
 1782  schedule or payment limitation in effect on March 1 of the
 1783  service year in which the services, supplies, or care is
 1784  rendered and for the area in which the services, supplies, or
 1785  care is rendered. The applicable fee schedule or payment
 1786  limitation applies to services, supplies, or care rendered
 1787  during that service year notwithstanding any subsequent change
 1788  made to the fee schedule or payment limitation; however, it may
 1789  not be less than the allowable amount under the applicable
 1790  schedule of Medicare Part B for 2007 for medical services,
 1791  supplies, and care subject to Medicare Part B. For purposes of
 1792  this subparagraph, the term “service year” means the period from
 1793  March 1 through the end of February of the following year.
 1794         3. For purposes of subparagraph 1., the applicable fee
 1795  schedule or payment limitation under workers’ compensation is
 1796  determined under s. 440.13 and rules adopted thereunder which
 1797  are in effect at the time such services, supplies, or care is
 1798  provided.
 1799         4. Subparagraph 1. does not authorize the insurer to apply
 1800  any limitation on the number of treatments or other utilization
 1801  limits that apply under Medicare or workers’ compensation. An
 1802  insurer that applies the allowable payment limitations of
 1803  subparagraph 1. must reimburse a provider who lawfully provided
 1804  medical care under the scope of his or her license, regardless
 1805  of whether the provider is entitled to reimbursement under
 1806  Medicare or workers’ compensation due to restrictions or
 1807  limitations on the types or discipline of health care providers
 1808  who may be reimbursed for particular procedures or procedure
 1809  codes. However, subparagraph 1. does not prohibit an insurer
 1810  from using the Medicare coding policies and payment
 1811  methodologies of the federal Centers for Medicare and Medicaid
 1812  Services, including applicable modifiers, to determine the
 1813  appropriate amount of reimbursement for medical services,
 1814  supplies, or care, if the coding policy or payment methodology
 1815  does not constitute a utilization limit.
 1816         5. If an insurer limits payment as authorized by
 1817  subparagraph 1., the person providing such medical care may not
 1818  bill or attempt to collect from the insured any amount in excess
 1819  of such limits, except for amounts that are not covered by the
 1820  insured’s medical payments benefits due to the maximum policy
 1821  limits.
 1822         6. An insurer may limit payment as authorized by this
 1823  paragraph only if the insurance policy includes a notice at the
 1824  time of issuance or renewal that the insurer may limit payment
 1825  pursuant to the schedule of charges specified in this paragraph.
 1826  A policy form approved by the office satisfies this requirement.
 1827  If a provider submits a charge for an amount less than the
 1828  amount allowed under subparagraph 1., the insurer may pay the
 1829  amount of the charge submitted.
 1830         (b)1. An insurer or insured is not required to pay a claim
 1831  or charges:
 1832         a. For any service or treatment that was not lawful at the
 1833  time rendered;
 1834         b. To any person who knowingly submits a false or
 1835  misleading statement relating to the claim or charges; or
 1836         c. For any treatment or service that is upcoded or that is
 1837  unbundled when the treatment or services should be bundled. To
 1838  facilitate prompt payment of lawful services, an insurer may
 1839  change codes that it determines have been improperly or
 1840  incorrectly upcoded or unbundled and may make payment based on
 1841  the changed codes, without affecting the right of the provider
 1842  to dispute the change by the insurer, if, before doing so, the
 1843  insurer contacts the health care provider and discusses the
 1844  reasons for the insurer’s change and the health care provider’s
 1845  reason for the coding, or makes a reasonable good faith effort
 1846  to do so, as documented in the insurer’s file.
 1847         2. The Department of Health, in consultation with the
 1848  appropriate professional licensing boards, shall adopt by rule a
 1849  list of diagnostic tests deemed not to be medically necessary
 1850  for use in the treatment of persons sustaining bodily injury
 1851  covered by medical payments benefits under this section. The
 1852  list must be revised from time to time as determined by the
 1853  Department of Health in consultation with the respective
 1854  professional licensing boards. Inclusion of a test on the list
 1855  must be based on a lack of demonstrated medical value and a
 1856  level of general acceptance by the relevant provider community
 1857  and may not be dependent on results based entirely upon
 1858  subjective patient response. Notwithstanding its inclusion on a
 1859  fee schedule in this subsection, an insurer or insured is not
 1860  required to pay any charges or reimburse claims for an invalid
 1861  diagnostic test as determined by the Department of Health.
 1862         (c) With respect to any medical care other than medical
 1863  services billed by a hospital or other provider for emergency
 1864  services and care, as defined in s. 395.002, or inpatient
 1865  services rendered at a hospital-owned facility, the statement of
 1866  charges must be furnished to the insurer by the provider.
 1867         (d) All statements and bills for medical services rendered
 1868  by a physician, hospital, clinic, or other person or institution
 1869  must be submitted to the insurer on a properly completed Centers
 1870  for Medicare and Medicaid Services Form CMS-1500, a UB-92 form,
 1871  or any other standard form approved by the office and adopted by
 1872  the commission for purposes of this paragraph. All billings for
 1873  such services rendered by providers must, to the extent
 1874  applicable, comply with the Form CMS-1500 instructions, the
 1875  codes established by the American Medical Association’s Current
 1876  Procedural Terminology Editorial Panel, and the Healthcare
 1877  Common Procedure Coding System (HCPCS) and must follow the
 1878  Physicians’ Current Procedural Terminology (CPT), the HCPCS in
 1879  effect for the year in which services are rendered, and the
 1880  International Classification of Diseases adopted by the United
 1881  States Department of Health and Human Services in effect for the
 1882  year in which services are rendered. The guidance for
 1883  determining compliance with applicable CPT and HCPCS coding must
 1884  be provided by the CPT or the HCPCS in effect for the year in
 1885  which services were rendered, the Office of the Inspector
 1886  General, Physicians Compliance Guidelines, and other
 1887  authoritative treatises designated by rule by the Agency for
 1888  Health Care Administration. A statement of medical services may
 1889  not include charges for medical services of a person or entity
 1890  that performed such services without possessing the valid
 1891  licenses required to perform such services.
 1892         (6) CIVIL ACTION FOR INSURANCE FRAUD.—An insurer has a
 1893  cause of action against any person convicted of, or who,
 1894  regardless of adjudication of guilt, pleads guilty or nolo
 1895  contendere to, insurance fraud under s. 817.234, patient
 1896  brokering under s. 817.505, or kickbacks under s. 456.054,
 1897  associated with a claim for medical payments coverage benefits
 1898  in accordance with this section. An insurer prevailing in an
 1899  action brought under this subsection may recover compensatory,
 1900  consequential, and punitive damages subject to the requirements
 1901  and limitations of part II of chapter 768 and attorney fees and
 1902  costs incurred in litigating a cause of action against any
 1903  person convicted of, or who, regardless of adjudication of
 1904  guilt, pleads guilty or nolo contendere to, insurance fraud
 1905  under s. 817.234, patient brokering under s. 817.505, or
 1906  kickbacks under s. 456.054, associated with a claim for medical
 1907  payments coverage benefits in accordance with this section.
 1908         (7) FRAUD ADVISORY NOTICE.—Upon receiving notice of a claim
 1909  under this section, an insurer shall provide a notice to the
 1910  insured or to a person for whom a claim for reimbursement for
 1911  diagnosis or treatment of injuries has been filed, advising
 1912  that:
 1913         (a) Pursuant to s. 626.9892, the department may pay rewards
 1914  of up to $25,000 to persons who provide information leading to
 1915  the arrest and conviction of persons committing crimes
 1916  investigated by the Division of Investigative and Forensic
 1917  Services arising from violations of s. 440.105, s. 624.15, s.
 1918  626.9541, s. 626.989, or s. 817.234.
 1919         (b) Solicitation of a person injured in a motor vehicle
 1920  crash for purposes of filing medical payments coverage or tort
 1921  claims could be a violation of s. 817.234, s. 817.505, or the
 1922  rules regulating The Florida Bar and should be immediately
 1923  reported to the Division of Investigative and Forensic Services
 1924  if such conduct has taken place.
 1925         (8) NONREIMBURSABLE CLAIMS.—Claims generated as a result of
 1926  activities that are unlawful pursuant to s. 817.505 are not
 1927  reimbursable.
 1928         (9) SECURE ELECTRONIC DATA TRANSFER.—A notice,
 1929  documentation, transmission, or communication of any kind
 1930  required or authorized under this section may be transmitted
 1931  electronically if it is transmitted by secure electronic data
 1932  transfer that is consistent with state and federal privacy and
 1933  security laws.
 1934         Section 40. Subsections (1) and (7) of section 627.727,
 1935  Florida Statutes, are amended, and present subsections (8), (9),
 1936  and (10) of that section are redesignated as subsections (7),
 1937  (8), and (9), respectively, to read:
 1938         627.727 Motor vehicle insurance; uninsured and underinsured
 1939  vehicle coverage; insolvent insurer protection.—
 1940         (1) A No motor vehicle liability insurance policy that
 1941  which provides bodily injury liability coverage may not shall be
 1942  delivered or issued for delivery in this state with respect to
 1943  any specifically insured or identified motor vehicle registered
 1944  or principally garaged in this state, unless uninsured motor
 1945  vehicle coverage is provided therein or supplemental thereto for
 1946  the protection of persons insured thereunder who are legally
 1947  entitled to recover damages from owners or operators of
 1948  uninsured motor vehicles because of bodily injury, sickness, or
 1949  disease, including death, resulting therefrom. However, the
 1950  coverage required under this section is not applicable if when,
 1951  or to the extent that, an insured named in the policy makes a
 1952  written rejection of the coverage on behalf of all insureds
 1953  under the policy. If When a motor vehicle is leased for a period
 1954  of 1 year or longer and the lessor of such vehicle, by the terms
 1955  of the lease contract, provides liability coverage on the leased
 1956  vehicle, the lessee of such vehicle has shall have the sole
 1957  privilege to reject uninsured motorist coverage or to select
 1958  lower limits than the bodily injury liability limits, regardless
 1959  of whether the lessor is qualified as a self-insurer pursuant to
 1960  s. 324.171. Unless an insured, or lessee having the privilege of
 1961  rejecting uninsured motorist coverage, requests such coverage or
 1962  requests higher uninsured motorist limits in writing, the
 1963  coverage or such higher uninsured motorist limits need not be
 1964  provided in or supplemental to any other policy which renews,
 1965  extends, changes, supersedes, or replaces an existing policy
 1966  with the same bodily injury liability limits when an insured or
 1967  lessee had rejected the coverage. When an insured or lessee has
 1968  initially selected limits of uninsured motorist coverage lower
 1969  than her or his bodily injury liability limits, higher limits of
 1970  uninsured motorist coverage need not be provided in or
 1971  supplemental to any other policy that which renews, extends,
 1972  changes, supersedes, or replaces an existing policy with the
 1973  same bodily injury liability limits unless an insured requests
 1974  higher uninsured motorist coverage in writing. The rejection or
 1975  selection of lower limits must shall be made on a form approved
 1976  by the office. The form must shall fully advise the applicant of
 1977  the nature of the coverage and must shall state that the
 1978  coverage is equal to bodily injury liability limits unless lower
 1979  limits are requested or the coverage is rejected. The heading of
 1980  the form must shall be in 12-point bold type and must shall
 1981  state: “You are electing not to purchase certain valuable
 1982  coverage that which protects you and your family or you are
 1983  purchasing uninsured motorist limits less than your bodily
 1984  injury liability limits when you sign this form. Please read
 1985  carefully.” If this form is signed by a named insured, it will
 1986  be conclusively presumed that there was an informed, knowing
 1987  rejection of coverage or election of lower limits on behalf of
 1988  all insureds. The insurer shall notify the named insured at
 1989  least annually of her or his options as to the coverage required
 1990  by this section. Such notice must shall be part of, and attached
 1991  to, the notice of premium, must shall provide for a means to
 1992  allow the insured to request such coverage, and must shall be
 1993  given in a manner approved by the office. Receipt of this notice
 1994  does not constitute an affirmative waiver of the insured’s right
 1995  to uninsured motorist coverage if where the insured has not
 1996  signed a selection or rejection form. The coverage described
 1997  under this section must shall be over and above, but may shall
 1998  not duplicate, the benefits available to an insured under any
 1999  workers’ compensation law, personal injury protection benefits,
 2000  disability benefits law, or similar law; under any automobile
 2001  medical payments expense coverage; under any motor vehicle
 2002  liability insurance coverage; or from the owner or operator of
 2003  the uninsured motor vehicle or any other person or organization
 2004  jointly or severally liable together with such owner or operator
 2005  for the accident; and such coverage must shall cover the
 2006  difference, if any, between the sum of such benefits and the
 2007  damages sustained, up to the maximum amount of such coverage
 2008  provided under this section. The amount of coverage available
 2009  under this section may shall not be reduced by a setoff against
 2010  any coverage, including liability insurance. Such coverage does
 2011  shall not inure directly or indirectly to the benefit of any
 2012  workers’ compensation or disability benefits carrier or any
 2013  person or organization qualifying as a self-insurer under any
 2014  workers’ compensation or disability benefits law or similar law.
 2015         (7) The legal liability of an uninsured motorist coverage
 2016  insurer does not include damages in tort for pain, suffering,
 2017  mental anguish, and inconvenience unless the injury or disease
 2018  is described in one or more of paragraphs (a)-(d) of s.
 2019  627.737(2).
 2020         Section 41. Subsection (1) and paragraphs (a) and (b) of
 2021  subsection (2) of section 627.7275, Florida Statutes, are
 2022  amended to read:
 2023         627.7275 Motor vehicle liability.—
 2024         (1) A motor vehicle insurance policy providing personal
 2025  injury protection as set forth in s. 627.736 may not be
 2026  delivered or issued for delivery in this state for a with
 2027  respect to any specifically insured or identified motor vehicle
 2028  registered or principally garaged in this state must provide
 2029  bodily injury liability coverage and unless the policy also
 2030  provides coverage for property damage liability coverage as
 2031  required under by s. 324.022, and medical payments coverage as
 2032  required under s. 627.7265.
 2033         (2)(a) Insurers writing motor vehicle insurance in this
 2034  state shall make available, subject to the insurers’ usual
 2035  underwriting restrictions:
 2036         1. Coverage under policies as described in subsection (1)
 2037  to an applicant for private passenger motor vehicle insurance
 2038  coverage who is seeking the coverage in order to reinstate the
 2039  applicant’s driving privileges in this state if the driving
 2040  privileges were revoked or suspended pursuant to s. 316.646 or
 2041  s. 324.0221 due to the failure of the applicant to maintain
 2042  required security.
 2043         2. Coverage under policies as described in subsection (1),
 2044  which includes bodily injury also provides liability coverage
 2045  and property damage liability coverage for bodily injury, death,
 2046  and property damage arising out of the ownership, maintenance,
 2047  or use of the motor vehicle in an amount not less than the
 2048  minimum limits required under described in s. 324.021(7) or s.
 2049  324.023 and which conforms to the requirements of s. 324.151, to
 2050  an applicant for private passenger motor vehicle insurance
 2051  coverage who is seeking the coverage in order to reinstate the
 2052  applicant’s driving privileges in this state after such
 2053  privileges were revoked or suspended under s. 316.193 or s.
 2054  322.26(2) for driving under the influence.
 2055         (b) The policies described in paragraph (a) must shall be
 2056  issued for at least 6 months and, as to the minimum coverages
 2057  required under this section, may not be canceled by the insured
 2058  for any reason or by the insurer after 60 days, during which
 2059  period the insurer is completing the underwriting of the policy.
 2060  After the insurer has completed underwriting the policy, the
 2061  insurer shall notify the Department of Highway Safety and Motor
 2062  Vehicles that the policy is in full force and effect and is not
 2063  cancelable for the remainder of the policy period. A premium
 2064  must shall be collected and the coverage is in effect for the
 2065  60-day period during which the insurer is completing the
 2066  underwriting of the policy, whether or not the person’s driver
 2067  license, motor vehicle tag, and motor vehicle registration are
 2068  in effect. Once the noncancelable provisions of the policy
 2069  become effective, the bodily injury liability and property
 2070  damage liability coverages for bodily injury, property damage,
 2071  and personal injury protection may not be reduced below the
 2072  minimum limits required under s. 324.021 or s. 324.023 during
 2073  the policy period, and the medical payments coverage may not be
 2074  reduced below the minimum limit required under s. 627.7265.
 2075         Section 42. Paragraph (a) of subsection (1) of section
 2076  627.728, Florida Statutes, is amended to read:
 2077         627.728 Cancellations; nonrenewals.—
 2078         (1) As used in this section, the term:
 2079         (a) “Policy” means the bodily injury and property damage
 2080  liability, personal injury protection, medical payments,
 2081  comprehensive, collision, and uninsured motorist coverage
 2082  portions of a policy of motor vehicle insurance delivered or
 2083  issued for delivery in this state:
 2084         1. Insuring a natural person as named insured or one or
 2085  more related individuals who are residents resident of the same
 2086  household; and
 2087         2. Insuring only a motor vehicle of the private passenger
 2088  type or station wagon type which is not used as a public or
 2089  livery conveyance for passengers or rented to others; or
 2090  insuring any other four-wheel motor vehicle having a load
 2091  capacity of 1,500 pounds or less which is not used in the
 2092  occupation, profession, or business of the insured other than
 2093  farming; other than any policy issued under an automobile
 2094  insurance assigned risk plan or covering garage, automobile
 2095  sales agency, repair shop, service station, or public parking
 2096  place operation hazards.
 2097  
 2098  The term “policy” does not include a binder as defined in s.
 2099  627.420 unless the duration of the binder period exceeds 60
 2100  days.
 2101         Section 43. Subsection (1), paragraph (a) of subsection
 2102  (5), and subsections (6) and (7) of section 627.7295, Florida
 2103  Statutes, are amended to read:
 2104         627.7295 Motor vehicle insurance contracts.—
 2105         (1) As used in this section, the term:
 2106         (a) “Policy” means a motor vehicle insurance policy that
 2107  provides bodily injury liability personal injury protection
 2108  coverage, property damage liability coverage, and medical
 2109  payments coverage or both.
 2110         (b) “Binder” means a binder that provides motor vehicle
 2111  bodily injury liability coverage, personal injury protection and
 2112  property damage liability coverage, and medical payments
 2113  coverage.
 2114         (5)(a) A licensed general lines agent may charge a per
 2115  policy fee up to not to exceed $10 to cover the administrative
 2116  costs of the agent associated with selling the motor vehicle
 2117  insurance policy if the policy covers only bodily injury
 2118  liability coverage, personal injury protection coverage as
 2119  provided by s. 627.736 and property damage liability coverage,
 2120  and medical payments coverage as provided by s. 627.7275 and if
 2121  no other insurance is sold or issued in conjunction with or
 2122  collateral to the policy. The fee is not considered part of the
 2123  premium.
 2124         (6) If a motor vehicle owner’s driver license, license
 2125  plate, and registration have previously been suspended pursuant
 2126  to s. 316.646 or s. 627.733, an insurer may cancel a new policy
 2127  only as provided in s. 627.7275.
 2128         (7) A policy of private passenger motor vehicle insurance
 2129  or a binder for such a policy may be initially issued in this
 2130  state only if, before the effective date of such binder or
 2131  policy, the insurer or agent has collected from the insured an
 2132  amount equal to 2 months’ premium from the insured. An insurer,
 2133  agent, or premium finance company may not, directly or
 2134  indirectly, take any action that results resulting in the
 2135  insured paying having paid from the insured’s own funds an
 2136  amount less than the 2 months’ premium required by this
 2137  subsection. This subsection applies without regard to whether
 2138  the premium is financed by a premium finance company or is paid
 2139  pursuant to a periodic payment plan of an insurer or an
 2140  insurance agent.
 2141         (a) This subsection does not apply:
 2142         1. If an insured or member of the insured’s family is
 2143  renewing or replacing a policy or a binder for such policy
 2144  written by the same insurer or a member of the same insurer
 2145  group. This subsection does not apply
 2146         2. To an insurer that issues private passenger motor
 2147  vehicle coverage primarily to active duty or former military
 2148  personnel or their dependents. This subsection does not apply
 2149         3. If all policy payments are paid pursuant to a payroll
 2150  deduction plan, an automatic electronic funds transfer payment
 2151  plan from the policyholder, or a recurring credit card or debit
 2152  card agreement with the insurer.
 2153         (b) This subsection and subsection (4) do not apply if:
 2154         1. All policy payments to an insurer are paid pursuant to
 2155  an automatic electronic funds transfer payment plan from an
 2156  agent, a managing general agent, or a premium finance company
 2157  and if the policy includes, at a minimum, bodily injury
 2158  liability coverage, personal injury protection pursuant to ss.
 2159  627.730-627.7405; motor vehicle property damage liability
 2160  coverage, and medical payments coverage pursuant to s. 627.7275;
 2161  or and bodily injury liability in at least the amount of $10,000
 2162  because of bodily injury to, or death of, one person in any one
 2163  accident and in the amount of $20,000 because of bodily injury
 2164  to, or death of, two or more persons in any one accident. This
 2165  subsection and subsection (4) do not apply if
 2166         2. An insured has had a policy in effect for at least 6
 2167  months, the insured’s agent is terminated by the insurer that
 2168  issued the policy, and the insured obtains coverage on the
 2169  policy’s renewal date with a new company through the terminated
 2170  agent.
 2171         Section 44. Subsections (1) and (2) of section 627.7415,
 2172  Florida Statutes, are amended to read:
 2173         627.7415 Commercial motor vehicles; additional liability
 2174  insurance coverage.—Commercial motor vehicles, as defined in s.
 2175  207.002 or s. 320.01, operated upon the roads and highways of
 2176  this state shall be insured with the following minimum levels of
 2177  combined bodily liability insurance and property damage
 2178  liability insurance under subsections (1) and (2) in addition to
 2179  any other insurance requirements.:
 2180         (1) Fifty thousand dollars per occurrence For a commercial
 2181  motor vehicle with a gross vehicle weight of 26,000 pounds or
 2182  more, but less than 35,000 pounds:
 2183         (a) Beginning January 1, 2019, through December 31, 2020,
 2184  no less than $50,000 per occurrence.
 2185         (b) Beginning January 1, 2021, through December 31, 2022,
 2186  no less than $60,000 per occurrence.
 2187         (c) Beginning January 1, 2023, and thereafter, no less than
 2188  $70,000 per occurrence.
 2189         (2) One hundred thousand dollars per occurrence For a
 2190  commercial motor vehicle with a gross vehicle weight of 35,000
 2191  pounds or more, but less than 44,000 pounds:
 2192         (a) Beginning January 1, 2019, through December 31, 2020,
 2193  no less than $100,000 per occurrence.
 2194         (b) Beginning January 1, 2021, through December 31, 2022,
 2195  no less than $120,000 per occurrence.
 2196         (c) Beginning January 1, 2023, and thereafter, no less than
 2197  $140,000 per occurrence.
 2198  
 2199  A violation of this section is a noncriminal traffic infraction,
 2200  punishable as a nonmoving violation as provided in chapter 318.
 2201         Section 45. Section 627.8405, Florida Statutes, is amended
 2202  to read:
 2203         627.8405 Prohibited acts; financing companies.—A No premium
 2204  finance company shall, in a premium finance agreement or other
 2205  agreement, may not finance the cost of or otherwise provide for
 2206  the collection or remittance of dues, assessments, fees, or
 2207  other periodic payments of money for the cost of:
 2208         (1) A membership in an automobile club. The term
 2209  “automobile club” means a legal entity that which, in
 2210  consideration of dues, assessments, or periodic payments of
 2211  money, promises its members or subscribers to assist them in
 2212  matters relating to the ownership, operation, use, or
 2213  maintenance of a motor vehicle; however, the term this
 2214  definition of “automobile club” does not include persons,
 2215  associations, or corporations which are organized and operated
 2216  solely for the purpose of conducting, sponsoring, or sanctioning
 2217  motor vehicle races, exhibitions, or contests upon racetracks,
 2218  or upon racecourses established and marked as such for the
 2219  duration of such particular events. The term words “motor
 2220  vehicle” used herein has have the same meaning as defined in
 2221  chapter 320.
 2222         (2) An accidental death and dismemberment policy sold in
 2223  combination with a policy providing only medical payments
 2224  coverage, bodily injury liability coverage, personal injury
 2225  protection and property damage liability coverage only policy.
 2226         (3) Any product not regulated under the provisions of this
 2227  insurance code.
 2228  
 2229  This section also applies to premium financing by any insurance
 2230  agent or insurance company under part XVI. The commission shall
 2231  adopt rules to assure disclosure, at the time of sale, of
 2232  coverages financed with personal injury protection and shall
 2233  prescribe the form of such disclosure.
 2234         Section 46. Subsection (1) of section 627.915, Florida
 2235  Statutes, is amended to read:
 2236         627.915 Insurer experience reporting.—
 2237         (1) Each insurer transacting private passenger automobile
 2238  insurance in this state shall report certain information
 2239  annually to the office. The information will be due on or before
 2240  July 1 of each year. The information must shall be divided into
 2241  the following categories: bodily injury liability; property
 2242  damage liability; uninsured motorist; personal injury protection
 2243  benefits; medical payments; and comprehensive and collision. The
 2244  information given must shall be on direct insurance writings in
 2245  the state alone and shall represent total limits data. The
 2246  information set forth in paragraphs (a)-(f) is applicable to
 2247  voluntary private passenger and Joint Underwriting Association
 2248  private passenger writings and must shall be reported for each
 2249  of the latest 3 calendar-accident years, with an evaluation date
 2250  of March 31 of the current year. The information set forth in
 2251  paragraphs (g)-(j) is applicable to voluntary private passenger
 2252  writings and must shall be reported on a calendar-accident year
 2253  basis ultimately seven times at seven different stages of
 2254  development.
 2255         (a) Premiums earned for the latest 3 calendar-accident
 2256  years.
 2257         (b) Loss development factors and the historic development
 2258  of those factors.
 2259         (c) Policyholder dividends incurred.
 2260         (d) Expenses for other acquisition and general expense.
 2261         (e) Expenses for agents’ commissions and taxes, licenses,
 2262  and fees.
 2263         (f) Profit and contingency factors as utilized in the
 2264  insurer’s automobile rate filings for the applicable years.
 2265         (g) Losses paid.
 2266         (h) Losses unpaid.
 2267         (i) Loss adjustment expenses paid.
 2268         (j) Loss adjustment expenses unpaid.
 2269         Section 47. Subsections (2) and (3) of section 628.909,
 2270  Florida Statutes, are amended to read:
 2271         628.909 Applicability of other laws.—
 2272         (2) The following provisions of the Florida Insurance Code
 2273  apply to captive insurance companies who are not industrial
 2274  insured captive insurance companies to the extent that such
 2275  provisions are not inconsistent with this part:
 2276         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 2277  624.40851, 624.4095, 624.411, 624.425, and 624.426.
 2278         (b) Chapter 625, part II.
 2279         (c) Chapter 626, part IX.
 2280         (d) Sections 627.730-627.7405, when no-fault coverage is
 2281  provided.
 2282         (e) Chapter 628.
 2283         (3) The following provisions of the Florida Insurance Code
 2284  shall apply to industrial insured captive insurance companies to
 2285  the extent that such provisions are not inconsistent with this
 2286  part:
 2287         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 2288  624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1).
 2289         (b) Chapter 625, part II, if the industrial insured captive
 2290  insurance company is incorporated in this state.
 2291         (c) Chapter 626, part IX.
 2292         (d) Sections 627.730-627.7405 when no-fault coverage is
 2293  provided.
 2294         (e) Chapter 628, except for ss. 628.341, 628.351, and
 2295  628.6018.
 2296         Section 48. Subsections (2), (6), and (7) of section
 2297  705.184, Florida Statutes, are amended to read:
 2298         705.184 Derelict or abandoned motor vehicles on the
 2299  premises of public-use airports.—
 2300         (2) The airport director or the director’s designee shall
 2301  contact the Department of Highway Safety and Motor Vehicles to
 2302  notify that department that the airport has possession of the
 2303  abandoned or derelict motor vehicle and to determine the name
 2304  and address of the owner of the motor vehicle, the insurance
 2305  company insuring the motor vehicle, notwithstanding the
 2306  provisions of s. 627.736, and any person who has filed a lien on
 2307  the motor vehicle. Within 7 business days after receipt of the
 2308  information, the director or the director’s designee shall send
 2309  notice by certified mail, return receipt requested, to the owner
 2310  of the motor vehicle, the insurance company insuring the motor
 2311  vehicle, notwithstanding the provisions of s. 627.736, and all
 2312  persons of record claiming a lien against the motor vehicle. The
 2313  notice must shall state the fact of possession of the motor
 2314  vehicle, that charges for reasonable towing, storage, and
 2315  parking fees, if any, have accrued and the amount thereof, that
 2316  a lien as provided in subsection (6) will be claimed, that the
 2317  lien is subject to enforcement pursuant to law, that the owner
 2318  or lienholder, if any, has the right to a hearing as set forth
 2319  in subsection (4), and that any motor vehicle which, at the end
 2320  of 30 calendar days after receipt of the notice, has not been
 2321  removed from the airport upon payment in full of all accrued
 2322  charges for reasonable towing, storage, and parking fees, if
 2323  any, may be disposed of as provided in s. 705.182(2)(a), (b),
 2324  (d), or (e), including, but not limited to, the motor vehicle
 2325  being sold free of all prior liens after 35 calendar days after
 2326  the time the motor vehicle is stored if any prior liens on the
 2327  motor vehicle are more than 5 years of age or after 50 calendar
 2328  days after the time the motor vehicle is stored if any prior
 2329  liens on the motor vehicle are 5 years of age or less.
 2330         (6) The airport pursuant to this section or, if used, a
 2331  licensed independent wrecker company pursuant to s. 713.78 shall
 2332  have a lien on an abandoned or derelict motor vehicle for all
 2333  reasonable towing, storage, and accrued parking fees, if any,
 2334  except that no storage fee may shall be charged if the motor
 2335  vehicle is stored less than 6 hours. As a prerequisite to
 2336  perfecting a lien under this section, the airport director or
 2337  the director’s designee must serve a notice in accordance with
 2338  subsection (2) on the owner of the motor vehicle, the insurance
 2339  company insuring the motor vehicle, notwithstanding the
 2340  provisions of s. 627.736, and all persons of record claiming a
 2341  lien against the motor vehicle. If attempts to notify the owner,
 2342  the insurance company insuring the motor vehicle,
 2343  notwithstanding the provisions of s. 627.736, or lienholders are
 2344  not successful, the requirement of notice by mail shall be
 2345  considered met. Serving of the notice does not dispense with
 2346  recording the claim of lien.
 2347         (7)(a) For the purpose of perfecting its lien under this
 2348  section, the airport shall record a claim of lien which states
 2349  shall state:
 2350         1. The name and address of the airport.
 2351         2. The name of the owner of the motor vehicle, the
 2352  insurance company insuring the motor vehicle, notwithstanding
 2353  the provisions of s. 627.736, and all persons of record claiming
 2354  a lien against the motor vehicle.
 2355         3. The costs incurred from reasonable towing, storage, and
 2356  parking fees, if any.
 2357         4. A description of the motor vehicle sufficient for
 2358  identification.
 2359         (b) The claim of lien must shall be signed and sworn to or
 2360  affirmed by the airport director or the director’s designee.
 2361         (c) The claim of lien is shall be sufficient if it is in
 2362  substantially the following form:
 2363  
 2364                            CLAIM OF LIEN                          
 2365  State of ........
 2366  County of ........
 2367  Before me, the undersigned notary public, personally appeared
 2368  ........, who was duly sworn and says that he/she is the
 2369  ........ of ............, whose address is........; and that the
 2370  following described motor vehicle:
 2371  ...(Description of motor vehicle)...
 2372  owned by ........, whose address is ........, has accrued
 2373  $........ in fees for a reasonable tow, for storage, and for
 2374  parking, if applicable; that the lienor served its notice to the
 2375  owner, the insurance company insuring the motor vehicle
 2376  notwithstanding the provisions of s. 627.736, Florida Statutes,
 2377  and all persons of record claiming a lien against the motor
 2378  vehicle on ...., ...(year)..., by.........
 2379  ...(Signature)...
 2380  Sworn to (or affirmed) and subscribed before me this .... day of
 2381  ...., ...(year)..., by ...(name of person making statement)....
 2382  ...(Signature of Notary Public)......(Print, Type, or Stamp
 2383  Commissioned name of Notary Public)...
 2384  Personally Known....OR Produced....as identification.
 2385  
 2386  However, the negligent inclusion or omission of any information
 2387  in this claim of lien which does not prejudice the owner does
 2388  not constitute a default that operates to defeat an otherwise
 2389  valid lien.
 2390         (d) The claim of lien must shall be served on the owner of
 2391  the motor vehicle, the insurance company insuring the motor
 2392  vehicle, notwithstanding the provisions of s. 627.736, and all
 2393  persons of record claiming a lien against the motor vehicle. If
 2394  attempts to notify the owner, the insurance company insuring the
 2395  motor vehicle notwithstanding the provisions of s. 627.736, or
 2396  lienholders are not successful, the requirement of notice by
 2397  mail shall be considered met. The claim of lien must shall be so
 2398  served before recordation.
 2399         (e) The claim of lien must shall be recorded with the clerk
 2400  of court in the county where the airport is located. The
 2401  recording of the claim of lien shall be constructive notice to
 2402  all persons of the contents and effect of such claim. The lien
 2403  attaches shall attach at the time of recordation and takes shall
 2404  take priority as of that time.
 2405         Section 49. Subsection (4) of section 713.78, Florida
 2406  Statutes, is amended to read:
 2407         713.78 Liens for recovering, towing, or storing vehicles
 2408  and vessels.—
 2409         (4)(a) Any person regularly engaged in the business of
 2410  recovering, towing, or storing vehicles or vessels who comes
 2411  into possession of a vehicle or vessel pursuant to subsection
 2412  (2), and who claims a lien for recovery, towing, or storage
 2413  services, shall give notice to the registered owner, the
 2414  insurance company insuring the vehicle notwithstanding the
 2415  provisions of s. 627.736, and to all persons claiming a lien
 2416  thereon, as disclosed by the records in the Department of
 2417  Highway Safety and Motor Vehicles or as disclosed by the records
 2418  of any corresponding agency in any other state in which the
 2419  vehicle is identified through a records check of the National
 2420  Motor Vehicle Title Information System or an equivalent
 2421  commercially available system as being titled or registered.
 2422         (b) If a Whenever any law enforcement agency authorizes the
 2423  removal of a vehicle or vessel or if a whenever any towing
 2424  service, garage, repair shop, or automotive service, storage, or
 2425  parking place notifies the law enforcement agency of possession
 2426  of a vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
 2427  enforcement agency of the jurisdiction where the vehicle or
 2428  vessel is stored shall contact the Department of Highway Safety
 2429  and Motor Vehicles, or the appropriate agency of the state of
 2430  registration, if known, within 24 hours through the medium of
 2431  electronic communications, giving the full description of the
 2432  vehicle or vessel. Upon receipt of the full description of the
 2433  vehicle or vessel, the department shall search its files to
 2434  determine the owner’s name, the insurance company insuring the
 2435  vehicle or vessel, and whether any person has filed a lien upon
 2436  the vehicle or vessel as provided in s. 319.27(2) and (3) and
 2437  notify the applicable law enforcement agency within 72 hours.
 2438  The person in charge of the towing service, garage, repair shop,
 2439  or automotive service, storage, or parking place shall obtain
 2440  such information from the applicable law enforcement agency
 2441  within 5 days after the date of storage and shall give notice
 2442  pursuant to paragraph (a). The department may release the
 2443  insurance company information to the requestor notwithstanding
 2444  the provisions of s. 627.736.
 2445         (c) Notice by certified mail must shall be sent within 7
 2446  business days after the date of storage of the vehicle or vessel
 2447  to the registered owner, the insurance company insuring the
 2448  vehicle notwithstanding the provisions of s. 627.736, and all
 2449  persons of record claiming a lien against the vehicle or vessel.
 2450  The notice must It shall state the fact of possession of the
 2451  vehicle or vessel, that a lien as provided in subsection (2) is
 2452  claimed, that charges have accrued and the amount thereof, that
 2453  the lien is subject to enforcement pursuant to law, and that the
 2454  owner or lienholder, if any, has the right to a hearing as set
 2455  forth in subsection (5), and that any vehicle or vessel which
 2456  remains unclaimed, or for which the charges for recovery,
 2457  towing, or storage services remain unpaid, may be sold free of
 2458  all prior liens after 35 days if the vehicle or vessel is more
 2459  than 3 years of age or after 50 days if the vehicle or vessel is
 2460  3 years of age or less.
 2461         (d) If attempts to locate the name and address of the owner
 2462  or lienholder prove unsuccessful, the towing-storage operator
 2463  must shall, after 7 working days, excluding Saturday and Sunday,
 2464  of the initial tow or storage, notify the public agency of
 2465  jurisdiction where the vehicle or vessel is stored in writing by
 2466  certified mail or acknowledged hand delivery that the towing
 2467  storage company has been unable to locate the name and address
 2468  of the owner or lienholder and a physical search of the vehicle
 2469  or vessel has disclosed no ownership information and a good
 2470  faith effort has been made, including records checks of the
 2471  Department of Highway Safety and Motor Vehicles database and the
 2472  National Motor Vehicle Title Information System or an equivalent
 2473  commercially available system. As used in For purposes of this
 2474  paragraph and subsection (9), the term “good faith effort” means
 2475  that the following checks have been performed by the company to
 2476  establish prior state of registration and for title:
 2477         1. Check of the Department of Highway Safety and Motor
 2478  Vehicles database for the owner and any lienholder.
 2479         2. Check of the electronic National Motor Vehicle Title
 2480  Information System or an equivalent commercially available
 2481  system to determine the state of registration when there is not
 2482  a current registration record for the vehicle on file with the
 2483  Department of Highway Safety and Motor Vehicles.
 2484         3. Check of vehicle or vessel for any type of tag, tag
 2485  record, temporary tag, or regular tag.
 2486         4. Check of law enforcement report for tag number or other
 2487  information identifying the vehicle or vessel, if the vehicle or
 2488  vessel was towed at the request of a law enforcement officer.
 2489         5. Check of trip sheet or tow ticket of tow truck operator
 2490  to see if a tag was on vehicle or vessel at beginning of tow, if
 2491  private tow.
 2492         6. If there is no address of the owner on the impound
 2493  report, check of law enforcement report to see if an out-of
 2494  state address is indicated from driver license information.
 2495         7. Check of vehicle or vessel for inspection sticker or
 2496  other stickers and decals that may indicate a state of possible
 2497  registration.
 2498         8. Check of the interior of the vehicle or vessel for any
 2499  papers that may be in the glove box, trunk, or other areas for a
 2500  state of registration.
 2501         9. Check of vehicle for vehicle identification number.
 2502         10. Check of vessel for vessel registration number.
 2503         11. Check of vessel hull for a hull identification number
 2504  which should be carved, burned, stamped, embossed, or otherwise
 2505  permanently affixed to the outboard side of the transom or, if
 2506  there is no transom, to the outmost seaboard side at the end of
 2507  the hull that bears the rudder or other steering mechanism.
 2508         Section 50. Paragraph (a) of subsection (1), paragraph (c)
 2509  of subsection (7), paragraphs (a), (b), and (c) of subsection
 2510  (8), and subsections (9) and (10) of section 817.234, Florida
 2511  Statutes, are amended to read:
 2512         817.234 False and fraudulent insurance claims.—
 2513         (1)(a) A person commits insurance fraud punishable as
 2514  provided in subsection (11) if that person, with the intent to
 2515  injure, defraud, or deceive any insurer:
 2516         1. Presents or causes to be presented any written or oral
 2517  statement as part of, or in support of, a claim for payment or
 2518  other benefit pursuant to an insurance policy or a health
 2519  maintenance organization subscriber or provider contract,
 2520  knowing that such statement contains any false, incomplete, or
 2521  misleading information concerning any fact or thing material to
 2522  such claim;
 2523         2. Prepares or makes any written or oral statement that is
 2524  intended to be presented to an any insurer in connection with,
 2525  or in support of, any claim for payment or other benefit
 2526  pursuant to an insurance policy or a health maintenance
 2527  organization subscriber or provider contract, knowing that such
 2528  statement contains any false, incomplete, or misleading
 2529  information concerning any fact or thing material to such claim;
 2530         3.a. Knowingly presents, causes to be presented, or
 2531  prepares or makes with knowledge or belief that it will be
 2532  presented to an any insurer, purported insurer, servicing
 2533  corporation, insurance broker, or insurance agent, or any
 2534  employee or agent thereof, any false, incomplete, or misleading
 2535  information or a written or oral statement as part of, or in
 2536  support of, an application for the issuance of, or the rating
 2537  of, any insurance policy, or a health maintenance organization
 2538  subscriber or provider contract; or
 2539         b. Knowingly conceals information concerning any fact
 2540  material to such application; or
 2541         4. Knowingly presents, causes to be presented, or prepares
 2542  or makes with knowledge or belief that it will be presented to
 2543  any insurer a claim for payment or other benefit under medical
 2544  payments coverage in a motor vehicle a personal injury
 2545  protection insurance policy if the person knows that the payee
 2546  knowingly submitted a false, misleading, or fraudulent
 2547  application or other document when applying for licensure as a
 2548  health care clinic, seeking an exemption from licensure as a
 2549  health care clinic, or demonstrating compliance with part X of
 2550  chapter 400.
 2551         (7)
 2552         (c) An insurer, or any person acting at the direction of or
 2553  on behalf of an insurer, may not change an opinion in a mental
 2554  or physical report prepared under s. 627.736(7) or direct the
 2555  physician preparing the report to change such opinion; however,
 2556  this provision does not preclude the insurer from calling to the
 2557  attention of the physician errors of fact in the report based
 2558  upon information in the claim file. Any person who violates this
 2559  paragraph commits a felony of the third degree, punishable as
 2560  provided in s. 775.082, s. 775.083, or s. 775.084.
 2561         (8)(a) It is unlawful for any person intending to defraud
 2562  any other person to solicit or cause to be solicited any
 2563  business from a person involved in a motor vehicle accident for
 2564  the purpose of making, adjusting, or settling motor vehicle tort
 2565  claims or claims for benefits under medical payments coverage in
 2566  a motor vehicle insurance policy personal injury protection
 2567  benefits required by s. 627.736. Any person who violates the
 2568  provisions of this paragraph commits a felony of the second
 2569  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2570  775.084. A person who is convicted of a violation of this
 2571  subsection shall be sentenced to a minimum term of imprisonment
 2572  of 2 years.
 2573         (b) A person may not solicit or cause to be solicited any
 2574  business from a person involved in a motor vehicle accident by
 2575  any means of communication other than advertising directed to
 2576  the public for the purpose of making motor vehicle tort claims
 2577  or claims for benefits under medical payments coverage in a
 2578  motor vehicle insurance policy personal injury protection
 2579  benefits required by s. 627.736, within 60 days after the
 2580  occurrence of the motor vehicle accident. Any person who
 2581  violates this paragraph commits a felony of the third degree,
 2582  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2583         (c) A lawyer, health care practitioner as defined in s.
 2584  456.001, or owner or medical director of a clinic required to be
 2585  licensed pursuant to s. 400.9905 may not, at any time after 60
 2586  days have elapsed from the occurrence of a motor vehicle
 2587  accident, solicit or cause to be solicited any business from a
 2588  person involved in a motor vehicle accident by means of in
 2589  person or telephone contact at the person’s residence, for the
 2590  purpose of making motor vehicle tort claims or claims for
 2591  benefits under medical payments coverage in a motor vehicle
 2592  insurance policy personal injury protection benefits required by
 2593  s. 627.736. Any person who violates this paragraph commits a
 2594  felony of the third degree, punishable as provided in s.
 2595  775.082, s. 775.083, or s. 775.084.
 2596         (9) A person may not organize, plan, or knowingly
 2597  participate in an intentional motor vehicle crash or a scheme to
 2598  create documentation of a motor vehicle crash that did not occur
 2599  for the purpose of making motor vehicle tort claims or claims
 2600  for benefits under medical payments coverage in a motor vehicle
 2601  insurance policy personal injury protection benefits as required
 2602  by s. 627.736. Any person who violates this subsection commits a
 2603  felony of the second degree, punishable as provided in s.
 2604  775.082, s. 775.083, or s. 775.084. A person who is convicted of
 2605  a violation of this subsection shall be sentenced to a minimum
 2606  term of imprisonment of 2 years.
 2607         (10) A licensed health care practitioner who is found
 2608  guilty of insurance fraud under this section for an act relating
 2609  to a motor vehicle personal injury protection insurance policy
 2610  loses his or her license to practice for 5 years and may not
 2611  receive reimbursement under medical payments coverage in a motor
 2612  vehicle insurance policy for personal injury protection benefits
 2613  for 10 years.
 2614         Section 51. Applicability and construction; notice to
 2615  policyholders.—
 2616         (1) As used in this section, the term “minimum security
 2617  requirements” means security that enables a person to respond in
 2618  damages for liability on account of crashes arising out of the
 2619  ownership, maintenance, or use of a motor vehicle in the amounts
 2620  required by s. 324.021(7), Florida Statutes.
 2621         (2) Effective January 1, 2019:
 2622         (a) Motor vehicle insurance policies issued or renewed on
 2623  or after that date may not include personal injury protection.
 2624         (b) All persons subject to s. 324.022, s. 324.032, s.
 2625  627.7415, or s. 627.742, Florida Statutes, must maintain at
 2626  least minimum security requirements.
 2627         (c) Any new or renewal motor vehicle insurance policy
 2628  delivered or issued for delivery in this state must provide
 2629  coverage that complies with minimum security requirements.
 2630         (d) Any new or renewal motor vehicle insurance policy
 2631  furnished to an owner or operator of a motor vehicle as proof of
 2632  financial responsibility pursuant to s. 324.022 or s. 324.031,
 2633  Florida Statutes, must provide medical payments coverage that
 2634  complies with s. 627.7265, Florida Statutes.
 2635         (e) An existing motor vehicle insurance policy issued
 2636  before that date which provides personal injury protection and
 2637  property damage liability coverage that meets the requirements
 2638  of s. 324.022, Florida Statutes, on December 31, 2018, but which
 2639  does not meet minimum security requirements on or after January
 2640  1, 2019, is deemed to meet the security requirements of s.
 2641  324.022, Florida Statutes, and the medical payments coverage
 2642  requirements of s. 627.7265, Florida Statutes, until such policy
 2643  is renewed, nonrenewed, or canceled on or after January 1, 2019.
 2644         (3) Each insurer shall allow each insured who has a new or
 2645  renewal policy providing personal injury protection, which
 2646  becomes effective before January 1, 2019, and whose policy does
 2647  not meet minimum security requirements on or after January 1,
 2648  2019, to change coverages so as to eliminate personal injury
 2649  protection and obtain coverage providing minimum security
 2650  requirements, which shall be effective on or after January 1,
 2651  2019. The insurer is not required to provide coverage complying
 2652  with minimum security requirements in such policies if the
 2653  insured does not pay the required premium, if any, by January 1,
 2654  2019, or such later date as the insurer may allow. Any reduction
 2655  in the premium must be refunded by the insurer. The insurer may
 2656  not impose on the insured an additional fee or charge that
 2657  applies solely to a change in coverage; however, the insurer may
 2658  charge an additional required premium that is actuarially
 2659  indicated.
 2660         (4) By September 1, 2018, each motor vehicle insurer shall
 2661  provide notice of this section to each motor vehicle
 2662  policyholder who is subject to this section. The notice is
 2663  subject to approval by the Office of Insurance Regulation and
 2664  must clearly inform the policyholder that:
 2665         (a) The Florida Motor Vehicle No-Fault Law is repealed,
 2666  effective January 1, 2019, and that on or after that date, the
 2667  insured is no longer required to maintain personal injury
 2668  protection insurance coverage, that personal injury protection
 2669  coverage is no longer available for purchase in this state, and
 2670  that all new or renewal policies issued on or after that date do
 2671  not contain such coverage.
 2672         (b) Effective January 1, 2019, a person subject to the
 2673  financial responsibility requirements of s. 324.022, Florida
 2674  Statutes, must maintain minimum security requirements that
 2675  enable the person to respond in damages for liability on account
 2676  of accidents arising out of the use of a motor vehicle in the
 2677  following amounts:
 2678         1.Beginning January 1, 2019, and continuing through
 2679  December 31, 2020:
 2680         a. Twenty thousand dollars for bodily injury to, or the
 2681  death of, one person in any one crash and, subject to such
 2682  limits for one person, in the amount of $40,000 for bodily
 2683  injury to, or the death of, two or more persons in any one
 2684  crash; and
 2685         b.Ten thousand dollars for damage to, or destruction of,
 2686  the property of others in any one crash.
 2687         2. Beginning January 1, 2021, and continuing through
 2688  December 31, 2022:
 2689         a. Twenty-five thousand dollars for bodily injury to, or
 2690  the death of, one person in any one crash and, subject to such
 2691  limits for one person, in the amount of $50,000 for bodily
 2692  injury to, or the death of, two or more persons in any one
 2693  crash; and
 2694         b.Ten thousand dollars for damage to, or destruction of,
 2695  the property of others in any one crash.
 2696         3. Beginning January 1, 2023, and continuing thereafter:
 2697         a.Thirty thousand dollars for bodily injury to, or the
 2698  death of, one person in any one crash and, subject to such
 2699  limits for one person, in the amount of $60,000 for bodily
 2700  injury to, or the death of, two or more persons in any one
 2701  crash; and
 2702         b.Ten thousand dollars for damage to, or destruction of,
 2703  the property of others in any one crash.
 2704         (c) Personal injury protection insurance paid covered
 2705  medical expenses for injuries sustained in a motor vehicle crash
 2706  by the policyholder, passengers, and relatives residing in the
 2707  policyholder’s household.
 2708         (d) Bodily injury liability coverage protects the insured,
 2709  up to the coverage limits, against loss if the insured is
 2710  legally responsible for the death of or bodily injury to others
 2711  in a motor vehicle accident.
 2712         (e) Effective January 1, 2019, a person who purchases a
 2713  motor vehicle liability insurance policy as proof of financial
 2714  responsibility must maintain medical payments coverage that
 2715  complies with s. 627.7265, Florida Statutes. Medical payments
 2716  coverage pays covered medical expenses, up to the limits of such
 2717  coverage, for injuries sustained in a motor vehicle crash by the
 2718  policyholder, passengers, and relatives residing in the
 2719  policyholder’s household, as provided in s. 627.7265, Florida
 2720  Statutes. Medical payments coverage also provides a death
 2721  benefit of at least $5,000. Medical payments coverage provides
 2722  reimbursement for the following if medically necessary and if an
 2723  individual initially receives such treatment within 14 days
 2724  after the motor vehicle accident:
 2725         1.Emergency transportation and treatment.
 2726         2.Emergency services and care provided by a hospital.
 2727         3.Emergency services and care provided by a licensed
 2728  physician or licensed dentist in a hospital, ambulatory surgical
 2729  center, or mobile surgical facility licensed under chapter 395,
 2730  Florida Statutes, and related hospital inpatient care.
 2731         4. Hospital inpatient services, other than emergency
 2732  services and care.
 2733         5.Hospital outpatient services, other than emergency
 2734  services and care.
 2735         6. Physician services and care provided by a physician
 2736  licensed under chapter 458 or chapter 459, Florida Statutes, or
 2737  by a chiropractic physician licensed under chapter 460, Florida
 2738  Statutes, or dental services and care provided by a dentist
 2739  licensed under chapter 466, Florida Statutes.
 2740         (f) The policyholder may obtain underinsured motorist
 2741  coverage, which provides benefits, up to the limits of such
 2742  coverage, to a policyholder or other insured entitled to recover
 2743  damages for bodily injury, sickness, disease, or death resulting
 2744  from a motor vehicle accident with an uninsured or underinsured
 2745  owner or operator of a motor vehicle.
 2746         (g) If the policyholder’s new or renewal motor vehicle
 2747  insurance policy is effective before January 1, 2019, and
 2748  contains personal injury protection and property damage
 2749  liability coverage as required by state law before January 1,
 2750  2019, but does not meet minimum security requirements on or
 2751  after January 1, 2019, the policy is deemed to meet minimum
 2752  security requirements until it is renewed, nonrenewed, or
 2753  canceled on or after January 1, 2019.
 2754         (h) A policyholder whose new or renewal policy becomes
 2755  effective before January 1, 2019, but does not meet minimum
 2756  security requirements on or after January 1, 2019, may change
 2757  coverages under the policy so as to eliminate personal injury
 2758  protection and to obtain coverage providing minimum security
 2759  requirements, including bodily injury liability coverage, which
 2760  are effective on or after January 1, 2019.
 2761         (i) If the policyholder has any questions, he or she should
 2762  contact the person named at the telephone number provided in the
 2763  notice.
 2764         (5) This section takes effect upon this act becoming a law.
 2765         Section 52. Application of suspensions for failure to
 2766  maintain security; reinstatement.—All suspensions for failure to
 2767  maintain required security as required by law in effect before
 2768  January 1, 2019, remain in full force and effect after January
 2769  1, 2019. A driver may reinstate a suspended driver license or
 2770  registration as provided under s. 324.0221, Florida Statutes.
 2771         Section 53. For the 2018-2019 fiscal year, the sum of
 2772  $83,651 in nonrecurring funds is appropriated from the Insurance
 2773  Regulatory Trust Fund to the Office of Insurance Regulation for
 2774  the purpose of implementing this act.
 2775         Section 54. Except as otherwise expressly provided in this
 2776  act and except for this section, which shall take effect upon
 2777  this act becoming a law, this act shall take effect January 1,
 2778  2019.
 2779  
 2780  ================= T I T L E  A M E N D M E N T ================
 2781  And the title is amended as follows:
 2782         Delete everything before the enacting clause
 2783  and insert:
 2784                        A bill to be entitled                      
 2785         An act relating to motor vehicle insurance; repealing
 2786         ss. 627.730, 627.731, 627.7311, 627.732, 627.733,
 2787         627.734, 627.736, 627.737, 627.739, 627.7401,
 2788         627.7403, and 627.7405, F.S., which comprise the
 2789         Florida Motor Vehicle No-Fault Law; repealing s.
 2790         627.7407, F.S., relating to application of the Florida
 2791         Motor Vehicle No-Fault Law; amending s. 316.646, F.S.;
 2792         revising a requirement for proof of security on a
 2793         motor vehicle and the applicability of the
 2794         requirement; amending s. 318.18, F.S.; conforming a
 2795         provision to changes made by the act; amending s.
 2796         320.02, F.S.; revising the motor vehicle insurance
 2797         coverages that an applicant must show to register
 2798         certain vehicles with the Department of Highway Safety
 2799         and Motor Vehicles; deleting a requirement that
 2800         specified information be included on a certain
 2801         insurance proof-of-purchase card; revising
 2802         construction; amending s. 320.0609, F.S.; conforming a
 2803         provision to changes made by the act; amending s.
 2804         320.27, F.S.; defining the term “garage liability
 2805         insurance”; revising garage liability insurance
 2806         requirements for motor vehicle dealer applicants;
 2807         conforming a provision to changes made by the act;
 2808         amending s. 320.771, F.S.; revising garage liability
 2809         insurance requirements for recreational vehicle dealer
 2810         license applicants; amending ss. 322.251 and 322.34,
 2811         F.S.; conforming provisions to changes made by the
 2812         act; amending s. 324.011, F.S.; revising legislative
 2813         intent; amending s. 324.021, F.S.; revising
 2814         definitions of the terms “motor vehicle” and “proof of
 2815         financial responsibility”; revising, at specified
 2816         timeframes, minimum coverage requirements for proof of
 2817         financial responsibility for specified motor vehicles;
 2818         defining the term “for-hire passenger transportation
 2819         vehicle”; conforming provisions to changes made by the
 2820         act; amending s. 324.022, F.S.; revising, at specified
 2821         timeframes, minimum liability coverage requirements
 2822         for motor vehicle owners or operators; revising
 2823         authorized methods for meeting such requirements;
 2824         revising the vehicles that are excluded from the
 2825         definition of the term “motor vehicle” and providing
 2826         security requirements for certain excluded vehicles;
 2827         conforming provisions to changes made by the act;
 2828         conforming cross-references; amending s. 324.0221,
 2829         F.S.; revising applicability of certain insurer
 2830         reporting and notice requirements as to policies
 2831         providing certain coverages; conforming provisions to
 2832         changes made by the act; amending s. 324.023, F.S.;
 2833         conforming cross-references; amending s. 324.031,
 2834         F.S.; revising applicability of a provision
 2835         authorizing certain methods of proving financial
 2836         responsibility; revising, at specified timeframes, the
 2837         amount of a certificate of deposit required for a
 2838         specified method of proof of financial responsibility;
 2839         revising excess liability coverage requirements for a
 2840         person electing to use such method; amending s.
 2841         324.032, F.S.; revising financial responsibility
 2842         requirements for owners or lessees of for-hire
 2843         passenger transportation vehicles and the
 2844         applicability of such requirements; revising a
 2845         requirement for a motor vehicle liability policy
 2846         obtained to comply with such requirements; amending
 2847         ss. 324.051, 324.071, 324.091, and 324.151, F.S.;
 2848         making technical changes; amending s. 324.161, F.S.;
 2849         revising requirements for a certificate of deposit
 2850         that is required if a person elects a certain method
 2851         of providing financial responsibility; amending s.
 2852         324.171, F.S.; revising, at specified timeframes, the
 2853         minimum net worth requirements to qualify certain
 2854         persons as self-insurers; conforming provisions to
 2855         changes made by the act; amending s. 324.251, F.S.;
 2856         revising the short title and an effective date;
 2857         amending s. 400.9905, F.S.; revising the definition of
 2858         the term “clinic”; amending ss. 400.991 and 400.9935,
 2859         F.S.; conforming provisions to changes made by the
 2860         act; amending s. 409.901, F.S.; revising the
 2861         definition of the term “third-party benefit”; amending
 2862         s. 409.910, F.S.; revising the definition of the term
 2863         “medical coverage”; making technical changes; amending
 2864         s. 456.057, F.S.; conforming a cross-reference;
 2865         amending s. 456.072, F.S.; revising specified grounds
 2866         for discipline for certain health professions;
 2867         amending s. 626.9541, F.S.; conforming a provision to
 2868         changes made by the act; revising the type of
 2869         insurance coverage applicable to a certain prohibited
 2870         act; conforming a cross-reference; amending s.
 2871         626.989, F.S.; revising the definition of the term
 2872         “fraudulent insurance act”; amending s. 627.06501,
 2873         F.S.; revising coverages that may provide for a
 2874         reduction in motor vehicle insurance policy premium
 2875         charges under certain circumstances; amending s.
 2876         627.0652, F.S.; revising coverages that must provide a
 2877         premium charge reduction under certain circumstances;
 2878         amending s. 627.0653, F.S.; revising coverages subject
 2879         to premium discounts for specified motor vehicle
 2880         equipment; amending s. 627.4132, F.S.; revising the
 2881         coverages of a motor vehicle policy which are subject
 2882         to a stacking prohibition; amending s. 627.7263, F.S.;
 2883         revising provisions relating to designation of primary
 2884         coverages for rental and leasing driver’s insurance;
 2885         conforming provisions to changes made by the act;
 2886         creating s. 627.7265, F.S.; requiring specified motor
 2887         vehicle liability insurance policies to include
 2888         medical payments coverage; specifying persons such
 2889         coverage must protect; specifying the minimum medical
 2890         expense coverage and minimum death benefit required
 2891         under such coverage; providing construction relating
 2892         to limits on certain other coverages; prohibiting
 2893         insurers from offering such coverage to an applicant
 2894         or policyholder with a deductible; specifying medical
 2895         services and care required under such coverage;
 2896         authorizing insurers to exclude medical payment
 2897         benefits under certain circumstances; providing that
 2898         medical payments benefits are primary to certain
 2899         health insurance benefits and apply to the coinsurance
 2900         or deductible amounts required by certain health
 2901         insurance policies, except under certain
 2902         circumstances; providing that a medical payments
 2903         insurance policy, under certain circumstances, may
 2904         include a subrogation provision for medical payments
 2905         benefits paid; requiring insurers, upon receiving a
 2906         certain notice, to hold a specified reserve for
 2907         certain purposes for a specified time; providing that
 2908         the reserve requirement does not require insurers to
 2909         establish a claim reserve for accounting purposes;
 2910         specifying requirements, procedures, limitations, and
 2911         prohibitions relating to charges and billing for care
 2912         of bodily injuries under medical payments coverage;
 2913         defining the term “service year”; requiring the
 2914         Department of Health to adopt a certain rule;
 2915         providing insurers a civil cause of action against
 2916         certain persons who are convicted of or plead guilty
 2917         or nolo contendre to certain acts of insurance fraud
 2918         associated with claims for medical payments coverage
 2919         benefits; requiring insurers receiving notice of a
 2920         claim to provide a specified fraud advisory notice to
 2921         certain persons; providing that claims generated as a
 2922         result of certain patient brokering activities are
 2923         nonreimbursable; authorizing notices, documentation,
 2924         transmissions, or communications to be transferred
 2925         electronically in a secure manner; amending s.
 2926         627.727, F.S.; conforming provisions to changes made
 2927         by the act; amending s. 627.7275, F.S.; revising
 2928         applicability and required coverages for a motor
 2929         vehicle insurance policy; conforming provisions to
 2930         changes made by the act; amending s. 627.728, F.S.;
 2931         conforming a provision to changes made by the act;
 2932         amending s. 627.7295, F.S.; revising the definitions
 2933         of the terms “policy” and “binder”; revising the
 2934         coverages of a motor vehicle insurance policy for
 2935         which a licensed general lines agent may charge a
 2936         specified fee; revising applicability; conforming a
 2937         cross-reference; amending s. 627.7415, F.S.; revising,
 2938         at specified intervals, the minimum levels of certain
 2939         liability insurance required for commercial motor
 2940         vehicles; amending s. 627.8405, F.S.; revising
 2941         coverages in a policy sold in combination with an
 2942         accidental death and dismemberment policy, which a
 2943         premium finance company may not finance; revising
 2944         rulemaking authority of the commission; amending ss.
 2945         627.915, 628.909, 705.184, and 713.78, F.S.;
 2946         conforming provisions to changes made by the act;
 2947         amending s. 817.234, F.S.; revising coverages that are
 2948         the basis of specified prohibited false and fraudulent
 2949         insurance claims; conforming a provision to changes
 2950         made by the act; conforming a cross-reference;
 2951         providing applicability and construction relating to
 2952         changes made by the act; defining the term “minimum
 2953         security requirements”; providing requirements and
 2954         procedures relating to motor vehicle insurance
 2955         policies that include personal injury protection as of
 2956         a specified date; requiring an insurer to provide, by
 2957         a specified date, a specified notice to policyholders
 2958         relating to requirements under the act; providing for
 2959         construction relating to suspensions for failure to
 2960         maintain required security in effect before a
 2961         specified date; providing an appropriation; providing
 2962         effective dates.