Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 150
       
       
       
       
       
       
                                Ì352738CÎ352738                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  02/28/2018           .                                
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       Appropriations Subcommittee on Health and Human Services
       (Passidomo) recommended the following:
       
    1         Senate Substitute for Amendment (244072) (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    9  Vehicle No-Fault Law, are repealed.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 Section 627.7407, Florida Statutes, is repealed.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 s. 627.733, that property damage
   82  liability coverage has been purchased as required under s.
   83  324.022, that bodily injury liability or death coverage has been
   84  purchased if required under s. 324.023, and that combined bodily
   85  liability insurance and property damage liability insurance have
   86  been purchased if required under s. 627.7415 must shall be
   87  provided in the manner prescribed by law by the applicant at the
   88  time of application for registration of any motor vehicle that
   89  is subject to such requirements. The issuing agent may not shall
   90  refuse to issue registration if such proof of purchase is not
   91  provided. Insurers shall furnish uniform proof-of-purchase cards
   92  in a paper or electronic format in a form prescribed by the
   93  department and include the name of the insured’s insurance
   94  company, the coverage identification number, and the make, year,
   95  and vehicle identification number of the vehicle insured. The
   96  card must contain a statement notifying the applicant of the
   97  penalty specified under s. 316.646(4). The card or insurance
   98  policy, insurance policy binder, or certificate of insurance or
   99  a photocopy of any of these; an affidavit containing the name of
  100  the insured’s insurance company, the insured’s policy number,
  101  and the make and year of the vehicle insured; or such other
  102  proof as may be prescribed by the department constitutes shall
  103  constitute sufficient proof of purchase. If an affidavit is
  104  provided as proof, it must be in substantially the following
  105  form:
  106  
  107  Under penalty of perjury, I ...(Name of insured)... do hereby
  108  certify that I have ...(bodily injury liability and Personal
  109  Injury Protection, property damage liability coverage, and, if
  110  required, Bodily Injury Liability)... Insurance currently in
  111  effect with ...(Name of insurance company)... under ...(policy
  112  number)... covering ...(make, year, and vehicle identification
  113  number of vehicle).... ...(Signature of Insured)...
  114  
  115  Such affidavit must include the following warning:
  116  
  117  WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
  118  REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
  119  LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
  120  SUBJECT TO PROSECUTION.
  121  
  122  If an application is made through a licensed motor vehicle
  123  dealer as required under s. 319.23, the original or a photocopy
  124  photostatic copy of such card, insurance policy, insurance
  125  policy binder, or certificate of insurance or the original
  126  affidavit from the insured must shall be forwarded by the dealer
  127  to the tax collector of the county or the Department of Highway
  128  Safety and Motor Vehicles for processing. By executing the
  129  aforesaid affidavit, a no licensed motor vehicle dealer is not
  130  will be liable in damages for any inadequacy, insufficiency, or
  131  falsification of any statement contained therein. A card must
  132  also indicate the existence of any bodily injury liability
  133  insurance voluntarily purchased.
  134         (d) The verifying of proof of personal injury protection
  135  insurance, proof of property damage liability insurance, proof
  136  of combined bodily liability insurance and property damage
  137  liability insurance, or proof of financial responsibility
  138  insurance and the issuance or failure to issue the motor vehicle
  139  registration under the provisions of this chapter may not be
  140  construed in any court as a warranty of the reliability or
  141  accuracy of the evidence of such proof, or that the provisions
  142  of any insurance policy furnished as proof of financial
  143  responsibility comply with state law. Neither The department or
  144  nor any tax collector is not liable in damages for any
  145  inadequacy, insufficiency, falsification, or unauthorized
  146  modification of any item of the proof of personal injury
  147  protection insurance, proof of property damage liability
  148  insurance, proof of combined bodily liability insurance and
  149  property damage liability insurance, or proof of financial
  150  responsibility before insurance prior to, during, or subsequent
  151  to the verification of the proof. The issuance of a motor
  152  vehicle registration does not constitute prima facie evidence or
  153  a presumption of insurance coverage.
  154         Section 6. Paragraph (b) of subsection (1) of section
  155  320.0609, Florida Statutes, is amended to read:
  156         320.0609 Transfer and exchange of registration license
  157  plates; transfer fee.—
  158         (1)
  159         (b) The transfer of a license plate from a vehicle disposed
  160  of to a newly acquired vehicle does not constitute a new
  161  registration. The application for transfer shall be accepted
  162  without requiring proof of personal injury protection or
  163  liability insurance.
  164         Section 7. Paragraph (g) is added to subsection (1) of
  165  section 320.27, Florida Statutes, and subsection (3) of that
  166  section is amended, to read:
  167         320.27 Motor vehicle dealers.—
  168         (1) DEFINITIONS.—The following words, terms, and phrases
  169  when used in this section have the meanings respectively
  170  ascribed to them in this subsection, except where the context
  171  clearly indicates a different meaning:
  172         (g)“Garage liability insurance” means combined single
  173  limit liability coverage, including property damage and bodily
  174  injury liability coverage, in the amount of:
  175         1. Beginning January 1, 2019, and continuing through
  176  December 31, 2020, at least $50,000.
  177         2. Beginning January 1, 2021, and continuing through
  178  December 31, 2022, at least $60,000.
  179         3. Beginning January 1, 2023 and thereafter, at least
  180  $70,000.
  181         (3) APPLICATION AND FEE.—The application for the license
  182  application must shall be in such form as may be prescribed by
  183  the department and is shall be subject to such rules with
  184  respect thereto as may be so prescribed by the department it.
  185  Such application must shall be verified by oath or affirmation
  186  and must shall contain a full statement of the name and birth
  187  date of the person or persons applying for the license therefor;
  188  the name of the firm or copartnership, with the names and places
  189  of residence of all members thereof, if such applicant is a firm
  190  or copartnership; the names and places of residence of the
  191  principal officers, if the applicant is a body corporate or
  192  other artificial body; the name of the state under whose laws
  193  the corporation is organized; the present and former place or
  194  places of residence of the applicant; and the prior business in
  195  which the applicant has been engaged and its the location
  196  thereof. The Such application must shall describe the exact
  197  location of the place of business and must shall state whether
  198  the place of business is owned by the applicant and when
  199  acquired, or, if leased, a true copy of the lease must shall be
  200  attached to the application. The applicant shall certify that
  201  the location provides an adequately equipped office and is not a
  202  residence; that the location affords sufficient unoccupied space
  203  upon and within which adequately to store all motor vehicles
  204  offered and displayed for sale; and that the location is a
  205  suitable place where the applicant can in good faith carry on
  206  such business and keep and maintain books, records, and files
  207  necessary to conduct such business, which must shall be
  208  available at all reasonable hours to inspection by the
  209  department or any of its inspectors or other employees. The
  210  applicant shall certify that the business of a motor vehicle
  211  dealer is the principal business that will which shall be
  212  conducted at that location. The application must shall contain a
  213  statement that the applicant is either franchised by a
  214  manufacturer of motor vehicles, in which case the name of each
  215  motor vehicle that the applicant is franchised to sell must
  216  shall be included, or an independent (nonfranchised) motor
  217  vehicle dealer. The application must shall contain other
  218  relevant information as may be required by the department. The
  219  applicant must furnish, including evidence, in a form approved
  220  by the department, that the applicant is insured under a garage
  221  liability insurance policy or a general liability insurance
  222  policy coupled with a business automobile policy having the
  223  garage liability insurance coverage required by this subsection,
  224  which shall include, at a minimum, $25,000 combined single-limit
  225  liability coverage including bodily injury and property damage
  226  protection and $10,000 personal injury protection. However, a
  227  salvage motor vehicle dealer as defined in subparagraph (1)(c)5.
  228  is exempt from the requirements for garage liability insurance
  229  and personal injury protection insurance on those vehicles that
  230  cannot be legally operated on roads, highways, or streets in
  231  this state. Franchise dealers must submit a garage liability
  232  insurance policy, and all other dealers must submit a garage
  233  liability insurance policy or a general liability insurance
  234  policy coupled with a business automobile policy. Such policy
  235  must shall be for the license period, and evidence of a new or
  236  continued policy must shall be delivered to the department at
  237  the beginning of each license period. Upon making an initial
  238  application, the applicant shall pay to the department a fee of
  239  $300 in addition to any other fees required by law. Applicants
  240  may choose to extend the licensure period for 1 additional year
  241  for a total of 2 years. An initial applicant shall pay to the
  242  department a fee of $300 for the first year and $75 for the
  243  second year, in addition to any other fees required by law. An
  244  applicant for renewal shall pay to the department $75 for a 1
  245  year renewal or $150 for a 2-year renewal, in addition to any
  246  other fees required by law. Upon making an application for a
  247  change of location, the applicant person shall pay a fee of $50
  248  in addition to any other fees now required by law. The
  249  department shall, in the case of every application for initial
  250  licensure, verify whether certain facts set forth in the
  251  application are true. Each applicant, general partner in the
  252  case of a partnership, or corporate officer and director in the
  253  case of a corporate applicant shall, must file a set of
  254  fingerprints with the department for the purpose of determining
  255  any prior criminal record or any outstanding warrants. The
  256  department shall submit the fingerprints to the Department of
  257  Law Enforcement for state processing and forwarding to the
  258  Federal Bureau of Investigation for federal processing. The
  259  actual cost of state and federal processing must shall be borne
  260  by the applicant and is in addition to the fee for licensure.
  261  The department may issue a license to an applicant pending the
  262  results of the fingerprint investigation, which license is fully
  263  revocable if the department subsequently determines that any
  264  facts set forth in the application are not true or correctly
  265  represented.
  266         Section 8. Paragraph (j) of subsection (3) of section
  267  320.771, Florida Statutes, is amended to read:
  268         320.771 License required of recreational vehicle dealers.—
  269         (3) APPLICATION.—The application for such license shall be
  270  in the form prescribed by the department and subject to such
  271  rules as may be prescribed by it. The application shall be
  272  verified by oath or affirmation and shall contain:
  273         (j) A statement that the applicant is insured under a
  274  garage liability insurance policy in accordance with s.
  275  320.27(1)(g), which shall include, at a minimum, $25,000
  276  combined single-limit liability coverage, including bodily
  277  injury and property damage protection, and $10,000 personal
  278  injury protection, if the applicant is to be licensed as a
  279  dealer in, or intends to sell, recreational vehicles.
  280  
  281  The department shall, if it deems necessary, cause an
  282  investigation to be made to ascertain if the facts set forth in
  283  the application are true and shall not issue a license to the
  284  applicant until it is satisfied that the facts set forth in the
  285  application are true.
  286         Section 9. Subsections (1) and (2) of section 322.251,
  287  Florida Statutes, are amended to read:
  288         322.251 Notice of cancellation, suspension, revocation, or
  289  disqualification of license.—
  290         (1) All orders of cancellation, suspension, revocation, or
  291  disqualification issued under the provisions of this chapter,
  292  chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall
  293  be given either by personal delivery thereof to the licensee
  294  whose license is being canceled, suspended, revoked, or
  295  disqualified or by deposit in the United States mail in an
  296  envelope, first class, postage prepaid, addressed to the
  297  licensee at his or her last known mailing address furnished to
  298  the department. Such mailing by the department constitutes
  299  notification, and any failure by the person to receive the
  300  mailed order will not affect or stay the effective date or term
  301  of the cancellation, suspension, revocation, or disqualification
  302  of the licensee’s driving privilege.
  303         (2) The giving of notice and an order of cancellation,
  304  suspension, revocation, or disqualification by mail is complete
  305  upon expiration of 20 days after deposit in the United States
  306  mail for all notices except those issued under chapter 324 or
  307  ss. 627.732–627.734, which are complete 15 days after deposit in
  308  the United States mail. Proof of the giving of notice and an
  309  order of cancellation, suspension, revocation, or
  310  disqualification in either manner must shall be made by entry in
  311  the records of the department that such notice was given. The
  312  entry is admissible in the courts of this state and constitutes
  313  sufficient proof that such notice was given.
  314         Section 10. Paragraph (a) of subsection (8) of section
  315  322.34, Florida Statutes, is amended to read:
  316         322.34 Driving while license suspended, revoked, canceled,
  317  or disqualified.—
  318         (8)(a) Upon the arrest of a person for the offense of
  319  driving while the person’s driver license or driving privilege
  320  is suspended or revoked, the arresting officer shall determine:
  321         1. Whether the person’s driver license is suspended or
  322  revoked.
  323         2. Whether the person’s driver license has remained
  324  suspended or revoked since a conviction for the offense of
  325  driving with a suspended or revoked license.
  326         3. Whether the suspension or revocation was made under s.
  327  316.646 or s. 627.733, relating to failure to maintain required
  328  security, or under s. 322.264, relating to habitual traffic
  329  offenders.
  330         4. Whether the driver is the registered owner or coowner of
  331  the vehicle.
  332         Section 11. Section 324.011, Florida Statutes, is amended
  333  to read:
  334         324.011 Legislative intent and purpose of chapter.—It is
  335  the Legislature’s intent of this chapter to ensure that the
  336  privilege of owning or operating a motor vehicle in this state
  337  be exercised recognize the existing privilege to own or operate
  338  a motor vehicle on the public streets and highways of this state
  339  when such vehicles are used with due consideration for others’
  340  safety others and their property, and to promote safety, and to
  341  provide financial security requirements for such owners and or
  342  operators whose responsibility it is to recompense others for
  343  injury to person or property caused by the operation of a motor
  344  vehicle. Therefore, this chapter requires that every owner or
  345  operator of a motor vehicle required to be registered in this
  346  state establish, maintain, and it is required herein that the
  347  operator of a motor vehicle involved in a crash or convicted of
  348  certain traffic offenses meeting the operative provisions of s.
  349  324.051(2) shall respond for such damages and show proof of
  350  financial ability to respond for damages arising out of the
  351  ownership, maintenance, or use of a motor vehicle in future
  352  accidents as a requisite to owning or operating a motor vehicle
  353  in this state his or her future exercise of such privileges.
  354         Section 12. Subsections (1) and (7) and paragraph (c) of
  355  subsection (9) of section 324.021, Florida Statutes, are
  356  amended, and subsection (12) is added to that section, to read:
  357         324.021 Definitions; minimum insurance required.—The
  358  following words and phrases when used in this chapter shall, for
  359  the purpose of this chapter, have the meanings respectively
  360  ascribed to them in this section, except in those instances
  361  where the context clearly indicates a different meaning:
  362         (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
  363  designed and required to be licensed for use upon a highway,
  364  including trailers and semitrailers designed for use with such
  365  vehicles, except traction engines, road rollers, farm tractors,
  366  power shovels, and well drillers, and every vehicle that is
  367  propelled by electric power obtained from overhead wires but not
  368  operated upon rails, but not including any personal delivery
  369  device as defined in s. 316.003, bicycle, or moped. However, the
  370  term “motor vehicle” does not include a motor vehicle as defined
  371  in s. 627.732(3) when the owner of such vehicle has complied
  372  with the requirements of ss. 627.730-627.7405, inclusive, unless
  373  the provisions of s. 324.051 apply; and, in such case, the
  374  applicable proof of insurance provisions of s. 320.02 apply.
  375         (7) PROOF OF FINANCIAL RESPONSIBILITY.—That Proof of
  376  ability to respond in damages for liability on account of
  377  crashes arising out of the ownership, maintenance, or use of a
  378  motor vehicle:
  379         (a) With respect to a motor vehicle that is not a
  380  commercial motor vehicle, nonpublic sector bus, or for-hire
  381  passenger transportation vehicle:
  382         1.Beginning January 1, 2019, and continuing through
  383  December 31, 2020, in the amount of:
  384         a.Twenty thousand dollars for $10,000 because of bodily
  385  injury to, or the death of, one person in any one crash and,;
  386         (b) subject to such limits for one person, in the amount of
  387  $40,000 for $20,000 because of bodily injury to, or the death
  388  of, two or more persons in any one crash; and
  389         b.Ten thousand dollars for damage to, or destruction of,
  390  property of others in any one crash.
  391         2.Beginning January 1, 2021, and continuing through
  392  December 31, 2022, in the amount of:
  393         a. Twenty-five thousand dollars for bodily injury to, or
  394  the death of, one person in any one crash and, subject to such
  395  limits for one person, in the amount of $50,000 for bodily
  396  injury to, or the death of, two or more persons in any one
  397  crash; and
  398         b. Ten thousand dollars for damage to, or destruction of,
  399  property of others in any one crash.
  400         3. Beginning January 1, 2023, and continuing thereafter, in
  401  the amount of:
  402         a. Thirty thousand dollars for bodily injury to, or the
  403  death of, one person in any one crash and, subject to such
  404  limits for one person, in the amount of $60,000 for bodily
  405  injury to, or the death of, two or more persons in any one
  406  crash; and
  407         b.(c)Ten thousand dollars for damage In the amount of
  408  $10,000 because of injury to, or destruction of, property of
  409  others in any one crash.; and
  410         (b)(d) With respect to commercial motor vehicles and
  411  nonpublic sector buses, in the amounts specified in s. 627.7415
  412  ss. 627.7415 and 627.742, respectively.
  413         (c) With respect to nonpublic sector buses, in the amounts
  414  specified in s. 627.742.
  415         (d) With respect to for-hire passenger transportation
  416  vehicles, in the amounts specified in s. 324.032.
  417         (9) OWNER; OWNER/LESSOR.—
  418         (c) Application.—
  419         1. The limits on liability in subparagraphs (b)2. and 3. do
  420  not apply to an owner of motor vehicles that are used for
  421  commercial activity in the owner’s ordinary course of business,
  422  other than a rental company that rents or leases motor vehicles.
  423  For purposes of this paragraph, the term “rental company”
  424  includes only an entity that is engaged in the business of
  425  renting or leasing motor vehicles to the general public and that
  426  rents or leases a majority of its motor vehicles to persons with
  427  no direct or indirect affiliation with the rental company. The
  428  term also includes a motor vehicle dealer that provides
  429  temporary replacement vehicles to its customers for up to 10
  430  days. The term “rental company” also includes:
  431         a. A related rental or leasing company that is a subsidiary
  432  of the same parent company as that of the renting or leasing
  433  company that rented or leased the vehicle.
  434         b. The holder of a motor vehicle title or an equity
  435  interest in a motor vehicle title if the title or equity
  436  interest is held pursuant to or to facilitate an asset-backed
  437  securitization of a fleet of motor vehicles used solely in the
  438  business of renting or leasing motor vehicles to the general
  439  public and under the dominion and control of a rental company,
  440  as described in this subparagraph, in the operation of such
  441  rental company’s business.
  442         2. Furthermore, with respect to commercial motor vehicles
  443  as defined in s. 207.002 or s. 320.01 s. 627.732, the limits on
  444  liability in subparagraphs (b)2. and 3. do not apply if, at the
  445  time of the incident, the commercial motor vehicle is being used
  446  in the transportation of materials found to be hazardous for the
  447  purposes of the Hazardous Materials Transportation Authorization
  448  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is
  449  required pursuant to such act to carry placards warning others
  450  of the hazardous cargo, unless at the time of lease or rental
  451  either:
  452         a. The lessee indicates in writing that the vehicle will
  453  not be used to transport materials found to be hazardous for the
  454  purposes of the Hazardous Materials Transportation Authorization
  455  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
  456         b. The lessee or other operator of the commercial motor
  457  vehicle has in effect insurance with limits of at least $5
  458  million $5,000,000 combined property damage and bodily injury
  459  liability.
  460         (12) FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.Every “for
  461  hire vehicle” as defined in s. 320.01(15) which is offered or
  462  used to provide transportation for persons, including taxicabs,
  463  limousines, and jitneys.
  464         Section 13. Section 324.022, Florida Statutes, is amended
  465  to read:
  466         324.022 Financial responsibility requirements for property
  467  damage.—
  468         (1)(a) Every owner or operator of a motor vehicle required
  469  to be registered in this state shall establish and continuously
  470  maintain the ability to respond in damages for liability on
  471  account of accidents arising out of the use of the motor vehicle
  472  in the amount of:
  473         1. Beginning January 1, 2019, and continuing through
  474  December 31, 2020:
  475         a.Twenty thousand dollars for bodily injury to, or the
  476  death of, one person in any one crash and, subject to such
  477  limits for one person, in the amount of $40,000 for bodily
  478  injury to, or the death of, two or more persons in any one
  479  crash; and
  480         b. Ten thousand dollars for damage to, or destruction of,
  481  property of others in any one crash.
  482         2. Beginning January 1, 2021, and continuing through
  483  December 31, 2022:
  484         a.Twenty-five thousand dollars for bodily injury to, or
  485  the death of, one person in any one crash and, subject to such
  486  limits for one person, in the amount of $50,000 for bodily
  487  injury to, or the death of, two or more persons in any one
  488  crash; and
  489         b. Ten thousand dollars for damage to, or destruction of,
  490  property of others in any one crash.
  491         3. Beginning January 1, 2023, and continuing thereafter:
  492         a.Thirty thousand dollars for bodily injury to, or the
  493  death of, one person in any one crash and, subject to such
  494  limits for one person, in the amount of $60,000 for bodily
  495  injury to, or the death of, two or more persons in any one
  496  crash; and
  497         b. Ten thousand dollars for $10,000 because of damage to,
  498  or destruction of, property of others in any one crash.
  499         (b) The requirements of paragraph (a) this section may be
  500  met by one of the methods established in s. 324.031; by self
  501  insuring as authorized by s. 768.28(16); or by maintaining a
  502  motor vehicle liability insurance policy that an insurance
  503  policy providing coverage for property damage liability in the
  504  amount of at least $10,000 because of damage to, or destruction
  505  of, property of others in any one accident arising out of the
  506  use of the motor vehicle. The requirements of this section may
  507  also be met by having a policy which provides combined property
  508  damage liability and bodily injury liability coverage for any
  509  one crash arising out of the ownership, maintenance, or use of a
  510  motor vehicle which conforms to the requirements of s. 324.151
  511  in the amount of:
  512         1. At least $50,000 for every owner or operator subject to
  513  the financial responsibility required in subparagraph (1)(a)1.
  514         2. At least $60,000 for every owner or operator subject to
  515  the financial responsibility required in subparagraph (1)(a)2.
  516         3. At least $70,000 for every owner or operator subject to
  517  the financial responsibility required in subparagraph (1)(a)3.
  518  $30,000 for combined property damage liability and bodily injury
  519  liability for any one crash arising out of the use of the motor
  520  vehicle. The policy, with respect to coverage for property
  521  damage liability, must meet the applicable requirements of s.
  522  324.151, subject to the usual policy exclusions that have been
  523  approved in policy forms by the Office of Insurance Regulation.
  524  No insurer shall have any duty to defend uncovered claims
  525  irrespective of their joinder with covered claims.
  526         (2) As used in this section, the term:
  527         (a) “Motor vehicle” means any self-propelled vehicle that
  528  has four or more wheels and that is of a type designed and
  529  required to be licensed for use on the highways of this state,
  530  and any trailer or semitrailer designed for use with such
  531  vehicle. The term does not include the following:
  532         1. A mobile home as defined in s. 320.01.
  533         2. A motor vehicle that is used in mass transit and
  534  designed to transport more than five passengers, exclusive of
  535  the operator of the motor vehicle, and that is owned by a
  536  municipality, transit authority, or political subdivision of the
  537  state.
  538         3. A school bus as defined in s. 1006.25, which shall
  539  maintain security as required under s. 316.615.
  540         4. A commercial motor vehicle as defined in s. 207.002 or
  541  s. 320.01, which shall maintain security as required under ss.
  542  324.031 and 627.7415.
  543         5. A nonpublic sector bus, which shall maintain security as
  544  required under ss. 324.031 and 627.742.
  545         6.4. A vehicle providing for-hire passenger transportation
  546  vehicle, which that is subject to the provisions of s. 324.031.
  547  A taxicab shall maintain security as required under s. 324.032
  548  s. 324.032(1).
  549         7.5. A personal delivery device as defined in s. 316.003.
  550         (b) “Owner” means the person who holds legal title to a
  551  motor vehicle or the debtor or lessee who has the right to
  552  possession of a motor vehicle that is the subject of a security
  553  agreement or lease with an option to purchase.
  554         (3) Each nonresident owner or registrant of a motor vehicle
  555  that, whether operated or not, has been physically present
  556  within this state for more than 90 days during the preceding 365
  557  days shall maintain security as required by subsection (1). The
  558  security must be that is in effect continuously throughout the
  559  period the motor vehicle remains within this state.
  560         (4) An The owner or registrant of a motor vehicle who is
  561  exempt from the requirements of this section if she or he is a
  562  member of the United States Armed Forces and is called to or on
  563  active duty outside the United States in an emergency situation
  564  is exempt from this section while he or she. The exemption
  565  provided by this subsection applies only as long as the member
  566  of the Armed Forces is on such active duty. This exemption
  567  outside the United States and applies only while the vehicle
  568  covered by the security is not operated by any person. Upon
  569  receipt of a written request by the insured to whom the
  570  exemption provided in this subsection applies, the insurer shall
  571  cancel the coverages and return any unearned premium or suspend
  572  the security required by this section. Notwithstanding s.
  573  324.0221(2) s. 324.0221(3), the department may not suspend the
  574  registration or operator’s license of an any owner or registrant
  575  of a motor vehicle during the time she or he qualifies for the
  576  an exemption under this subsection. An Any owner or registrant
  577  of a motor vehicle who qualifies for the an exemption under this
  578  subsection shall immediately notify the department before prior
  579  to and at the end of the expiration of the exemption.
  580         Section 14. Subsections (1) and (2) of section 324.0221,
  581  Florida Statutes, are amended to read:
  582         324.0221 Reports by insurers to the department; suspension
  583  of driver license and vehicle registrations; reinstatement.—
  584         (1)(a) Each insurer that has issued a policy providing
  585  personal injury protection coverage or property damage liability
  586  coverage shall report the cancellation or nonrenewal thereof to
  587  the department within 10 days after the processing date or
  588  effective date of each cancellation or nonrenewal. Upon the
  589  issuance of a policy providing personal injury protection
  590  coverage or property damage liability coverage to a named
  591  insured not previously insured by the insurer during that
  592  calendar year, the insurer shall report the issuance of the new
  593  policy to the department within 10 days. The report must shall
  594  be in the form and format and contain any information required
  595  by the department and must be provided in a format that is
  596  compatible with the data processing capabilities of the
  597  department. Failure by an insurer to file proper reports with
  598  the department as required by this subsection constitutes a
  599  violation of the Florida Insurance Code. These records may shall
  600  be used by the department only for enforcement and regulatory
  601  purposes, including the generation by the department of data
  602  regarding compliance by owners of motor vehicles with the
  603  requirements for financial responsibility coverage.
  604         (b) With respect to an insurance policy providing personal
  605  injury protection coverage or property damage liability
  606  coverage, each insurer shall notify the named insured, or the
  607  first-named insured in the case of a commercial fleet policy, in
  608  writing that any cancellation or nonrenewal of the policy will
  609  be reported by the insurer to the department. The notice must
  610  also inform the named insured that failure to maintain bodily
  611  injury liability personal injury protection coverage and
  612  property damage liability coverage on a motor vehicle when
  613  required by law may result in the loss of registration and
  614  driving privileges in this state and inform the named insured of
  615  the amount of the reinstatement fees required by this section.
  616  This notice is for informational purposes only, and an insurer
  617  is not civilly liable for failing to provide this notice.
  618         (2) The department shall suspend, after due notice and an
  619  opportunity to be heard, the registration and driver license of
  620  any owner or registrant of a motor vehicle for with respect to
  621  which security is required under s. 324.022, s. 324.032, s.
  622  627.7415, or s. 627.742 ss. 324.022 and 627.733 upon:
  623         (a) The department’s records showing that the owner or
  624  registrant of such motor vehicle did not have the in full force
  625  and effect when required security in full force and effect that
  626  complies with the requirements of ss. 324.022 and 627.733; or
  627         (b) Notification by the insurer to the department, in a
  628  form approved by the department, of cancellation or termination
  629  of the required security.
  630         Section 15. Section 324.023, Florida Statutes, is amended
  631  to read:
  632         324.023 Financial responsibility for bodily injury or
  633  death.—In addition to any other financial responsibility
  634  required by law, every owner or operator of a motor vehicle that
  635  is required to be registered in this state, or that is located
  636  within this state, and who, regardless of adjudication of guilt,
  637  has been found guilty of or entered a plea of guilty or nolo
  638  contendere to a charge of driving under the influence under s.
  639  316.193 after October 1, 2007, shall, by one of the methods
  640  established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2),
  641  establish and maintain the ability to respond in damages for
  642  liability on account of accidents arising out of the use of a
  643  motor vehicle in the amount of $100,000 because of bodily injury
  644  to, or death of, one person in any one crash and, subject to
  645  such limits for one person, in the amount of $300,000 because of
  646  bodily injury to, or death of, two or more persons in any one
  647  crash and in the amount of $50,000 because of property damage in
  648  any one crash. If the owner or operator chooses to establish and
  649  maintain such ability by furnishing a certificate of deposit
  650  pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of
  651  deposit must be at least $350,000. Such higher limits must be
  652  carried for a minimum period of 3 years. If the owner or
  653  operator has not been convicted of driving under the influence
  654  or a felony traffic offense for a period of 3 years from the
  655  date of reinstatement of driving privileges for a violation of
  656  s. 316.193, the owner or operator shall be exempt from this
  657  section.
  658         Section 16. Section 324.031, Florida Statutes, is amended
  659  to read:
  660         324.031 Manner of proving financial responsibility.—
  661         (1)The owner or operator of a taxicab, limousine, jitney,
  662  or any other for-hire passenger transportation vehicle may prove
  663  financial responsibility by providing satisfactory evidence of
  664  holding a motor vehicle liability policy as defined in s.
  665  324.021(8) or s. 324.151, which policy is issued by an insurance
  666  carrier which is a member of the Florida Insurance Guaranty
  667  Association. The operator or owner of a motor vehicle other than
  668  a for-hire passenger transportation vehicle any other vehicle
  669  may prove his or her financial responsibility by:
  670         (a)(1) Furnishing satisfactory evidence of holding a motor
  671  vehicle liability policy as defined in ss. 324.021(8) and
  672  324.151;
  673         (b)(2) Furnishing a certificate of self-insurance showing a
  674  deposit of cash in accordance with s. 324.161; or
  675         (c)(3) Furnishing a certificate of self-insurance issued by
  676  the department in accordance with s. 324.171.
  677         (2)(a) Any person, including any firm, partnership,
  678  association, corporation, or other person, other than a natural
  679  person, electing to use the method of proof specified in
  680  paragraph (1)(b) subsection (2) shall furnish a certificate of
  681  deposit equal to the number of vehicles owned times:
  682         1. Fifty thousand dollars, to a maximum of $200,000, from
  683  January 1, 2019, through December 31, 2020.
  684         2. Sixty thousand dollars, to a maximum of $240,000, from
  685  January 1, 2021, through December 31, 2022.
  686         3.Seventy thousand dollars, $30,000, to a maximum of
  687  $280,000, from January 1, 2023, and thereafter. $120,000;
  688         (b) In addition, any such person, other than a natural
  689  person, shall maintain insurance providing coverage conforming
  690  to the requirements of s. 324.151 in excess of the amount of the
  691  certificate of deposit, with limits of at least:
  692         1. One hundred twenty-five thousand dollars for bodily
  693  injury to, or the death of, one person in any one crash and,
  694  subject to such limits for one person, in the amount of $250,000
  695  for bodily injury to, or the death of, two or more persons in
  696  any one crash, and $50,000 for damage to, or destruction of,
  697  property of others in any one crash; or $10,000/20,000/10,000 or
  698  $30,000 combined single limits, and such excess insurance shall
  699  provide minimum limits of $125,000/250,000/50,000 or $300,000
  700  combined single limits. These increased limits shall not affect
  701  the requirements for proving financial responsibility under s.
  702  324.032(1).
  703         2. Three hundred thousand dollars for combined bodily
  704  injury liability and property damage liability for any one
  705  crash.
  706         Section 17. Section 324.032, Florida Statutes, is amended
  707  to read:
  708         324.032 Manner of proving Financial responsibility for;
  709  for-hire passenger transportation vehicles.—Notwithstanding the
  710  provisions of s. 324.031:
  711         (1) An owner or lessee of a for-hire passenger
  712  transportation vehicle that is required to be registered in this
  713  state shall establish and continuously maintain the ability to
  714  respond in damages for liability on account of accidents arising
  715  out of the ownership, maintenance, or use of the for-hire
  716  passenger transportation vehicle, in the amount of:
  717         (a) One hundred twenty-five thousand dollars for bodily
  718  injury to, or the death of, one person in any one crash and,
  719  subject to such limits for one person, in the amount of $250,000
  720  for bodily injury to, or the death of, two or more persons in
  721  any one crash; and A person who is either the owner or a lessee
  722  required to maintain insurance under s. 627.733(1)(b) and who
  723  operates one or more taxicabs, limousines, jitneys, or any other
  724  for-hire passenger transportation vehicles may prove financial
  725  responsibility by furnishing satisfactory evidence of holding a
  726  motor vehicle liability policy, but with minimum limits of
  727  $125,000/250,000/50,000.
  728         (b) Fifty thousand dollars for damage to, or destruction
  729  of, property of others in any one crash A person who is either
  730  the owner or a lessee required to maintain insurance under s.
  731  324.021(9)(b) and who operates limousines, jitneys, or any other
  732  for-hire passenger vehicles, other than taxicabs, may prove
  733  financial responsibility by furnishing satisfactory evidence of
  734  holding a motor vehicle liability policy as defined in s.
  735  324.031.
  736         (2)Except as provided in subsection (3), the requirements
  737  of this section must be met by the owner or lessee providing
  738  satisfactory evidence of holding a motor vehicle liability
  739  policy conforming to the requirements of s. 324.151 which is
  740  issued by an insurance carrier that is a member of the Florida
  741  Insurance Guaranty Association.
  742         (3)(2) An owner or a lessee who is required to maintain
  743  insurance under s. 324.021(9)(b) and who operates at least 300
  744  taxicabs, limousines, jitneys, or any other for-hire passenger
  745  transportation vehicles may provide financial responsibility by
  746  complying with the provisions of s. 324.171, such compliance to
  747  be demonstrated by maintaining at its principal place of
  748  business an audited financial statement, prepared in accordance
  749  with generally accepted accounting principles, and providing to
  750  the department a certification issued by a certified public
  751  accountant that the applicant’s net worth is at least equal to
  752  the requirements of s. 324.171 as determined by the Office of
  753  Insurance Regulation of the Financial Services Commission,
  754  including claims liabilities in an amount certified as adequate
  755  by a Fellow of the Casualty Actuarial Society.
  756  
  757  Upon request by the department, the applicant shall must provide
  758  the department at the applicant’s principal place of business in
  759  this state access to the applicant’s underlying financial
  760  information and financial statements that provide the basis of
  761  the certified public accountant’s certification. The applicant
  762  shall reimburse the requesting department for all reasonable
  763  costs incurred by it in reviewing the supporting information.
  764  The maximum amount of self-insurance permissible under this
  765  subsection is $300,000 and must be stated on a per-occurrence
  766  basis, and the applicant shall maintain adequate excess
  767  insurance issued by an authorized or eligible insurer licensed
  768  or approved by the Office of Insurance Regulation. All risks
  769  self-insured shall remain with the owner or lessee providing it,
  770  and the risks are not transferable to any other person, unless a
  771  policy complying with subsections (1) and (2) subsection (1) is
  772  obtained.
  773         Section 18. Paragraph (b) of subsection (2) of section
  774  324.051, Florida Statutes, is amended to read:
  775         324.051 Reports of crashes; suspensions of licenses and
  776  registrations.—
  777         (2)
  778         (b) This subsection does shall not apply:
  779         1. To such operator or owner if such operator or owner had
  780  in effect at the time of such crash or traffic conviction a
  781  motor vehicle an automobile liability policy with respect to all
  782  of the registered motor vehicles owned by such operator or
  783  owner.
  784         2. To such operator, if not the owner of such motor
  785  vehicle, if there was in effect at the time of such crash or
  786  traffic conviction a motor vehicle an automobile liability
  787  policy or bond with respect to his or her operation of motor
  788  vehicles not owned by him or her.
  789         3. To such operator or owner if the liability of such
  790  operator or owner for damages resulting from such crash is, in
  791  the judgment of the department, covered by any other form of
  792  liability insurance or bond.
  793         4. To any person who has obtained from the department a
  794  certificate of self-insurance, in accordance with s. 324.171, or
  795  to any person operating a motor vehicle for such self-insurer.
  796  
  797  No such policy or bond shall be effective under this subsection
  798  unless it contains limits of not less than those specified in s.
  799  324.021(7).
  800         Section 19. Section 324.071, Florida Statutes, is amended
  801  to read:
  802         324.071 Reinstatement; renewal of license; reinstatement
  803  fee.—An Any operator or owner whose license or registration has
  804  been suspended pursuant to s. 324.051(2), s. 324.072, s.
  805  324.081, or s. 324.121 may effect its reinstatement upon
  806  compliance with the provisions of s. 324.051(2)(a)3. or 4., or
  807  s. 324.081(2) and (3), as the case may be, and with one of the
  808  provisions of s. 324.031 and upon payment to the department of a
  809  nonrefundable reinstatement fee of $15. Only one such fee may
  810  shall be paid by any one person regardless irrespective of the
  811  number of licenses and registrations to be then reinstated or
  812  issued to such person. All Such fees must shall be deposited to
  813  a department trust fund. If When the reinstatement of any
  814  license or registration is effected by compliance with s.
  815  324.051(2)(a)3. or 4., the department may shall not renew the
  816  license or registration within a period of 3 years after from
  817  such reinstatement, nor may shall any other license or
  818  registration be issued in the name of such person, unless the
  819  operator continues is continuing to comply with one of the
  820  provisions of s. 324.031.
  821         Section 20. Subsection (1) of section 324.091, Florida
  822  Statutes, is amended to read:
  823         324.091 Notice to department; notice to insurer.—
  824         (1) Each owner and operator involved in a crash or
  825  conviction case within the purview of this chapter shall furnish
  826  evidence of automobile liability insurance or motor vehicle
  827  liability insurance within 14 days after the date of the mailing
  828  of notice of crash by the department in the form and manner as
  829  it may designate. Upon receipt of evidence that a an automobile
  830  liability policy or motor vehicle liability policy was in effect
  831  at the time of the crash or conviction case, the department
  832  shall forward to the insurer such information for verification
  833  in a method as determined by the department. The insurer shall
  834  respond to the department within 20 days after the notice as to
  835  whether or not such information is valid. If the department
  836  determines that a an automobile liability policy or motor
  837  vehicle liability policy was not in effect and did not provide
  838  coverage for both the owner and the operator, it must shall take
  839  action as it is authorized to do under this chapter.
  840         Section 21. Section 324.151, Florida Statutes, is amended
  841  to read:
  842         324.151 Motor vehicle liability policies; required
  843  provisions.—
  844         (1) A motor vehicle liability policy that serves as to be
  845  proof of financial responsibility under s. 324.031(1) must,
  846  shall be issued to owners or operators of motor vehicles under
  847  the following provisions:
  848         (a) A motor vehicle An owner’s liability insurance policy
  849  issued to an owner of a motor vehicle registered in this state
  850  must shall designate by explicit description or by appropriate
  851  reference all motor vehicles for with respect to which coverage
  852  is thereby granted. The policy must and shall insure the person
  853  or persons owner named therein and any other person as operator
  854  using such motor vehicle or motor vehicles with the express or
  855  implied permission of such owner against loss from the liability
  856  imposed by law for damage arising out of the ownership,
  857  maintenance, or use of any such motor vehicle or motor vehicles
  858  within the United States or the Dominion of Canada, subject to
  859  limits, exclusive of interest and costs with respect to each
  860  such motor vehicle as is provided for under s. 324.021(7).
  861  Insurers may make available, with respect to property damage
  862  liability coverage, a deductible amount not to exceed $500. In
  863  the event of a property damage loss covered by a policy
  864  containing a property damage deductible provision, the insurer
  865  shall pay to the third-party claimant the amount of any property
  866  damage liability settlement or judgment, subject to policy
  867  limits, as if no deductible existed.
  868         (b) An operator’s motor vehicle liability policy of
  869  insurance must shall insure the person or persons named therein
  870  against loss from the liability imposed upon him or her by law
  871  for damages arising out of the use by the person of any motor
  872  vehicle not owned by him or her, with the same territorial
  873  limits and subject to the same limits of liability as referred
  874  to above with respect to an owner’s policy of liability
  875  insurance.
  876         (c) All such motor vehicle liability policies must shall
  877  state the name and address of the named insured, the coverage
  878  afforded by the policy, the premium charged therefor, the policy
  879  period, the limits of liability, and must shall contain an
  880  agreement or be endorsed that insurance is provided in
  881  accordance with the coverage defined in this chapter as respects
  882  bodily injury and death or property damage or both and is
  883  subject to all provisions of this chapter. The Said policies
  884  must shall also contain a provision that the satisfaction by an
  885  insured of a judgment for such injury or damage may shall not be
  886  a condition precedent to the right or duty of the insurance
  887  carrier to make payment on account of such injury or damage, and
  888  must shall also contain a provision that bankruptcy or
  889  insolvency of the insured or of the insured’s estate may shall
  890  not relieve the insurance carrier of any of its obligations
  891  under the said policy.
  892         (2) The provisions of This section is shall not be
  893  applicable to any automobile liability policy unless and until
  894  it is furnished as proof of financial responsibility for the
  895  future pursuant to s. 324.031, and then only from and after the
  896  date the said policy is so furnished.
  897         Section 22. Section 324.161, Florida Statutes, is amended
  898  to read:
  899         324.161 Proof of financial responsibility; deposit.—If a
  900  person elects to prove his or her financial responsibility under
  901  the method of proof specified in s. 324.031(1)(b), he or she
  902  must obtain proof of a certificate of deposit annually, in the
  903  amount required under s. 324.031(2), from a financial
  904  institution insured by the Federal Deposit Insurance Corporation
  905  or the National Credit Union Administration. Proof of such
  906  certificate of deposit Annually, before any certificate of
  907  insurance may be issued to a person, including any firm,
  908  partnership, association, corporation, or other person, other
  909  than a natural person, proof of a certificate of deposit of
  910  $30,000 issued and held by a financial institution must be
  911  submitted to the department annually. A power of attorney will
  912  be issued to and held by the department and may be executed upon
  913  a judgment issued against such person making the deposit, for
  914  damages for because of bodily injury to or death of any person
  915  or for damages for because of injury to or destruction of
  916  property resulting from the use or operation of any motor
  917  vehicle occurring after such deposit was made. Money so
  918  deposited is shall not be subject to attachment or execution
  919  unless such attachment or execution arises shall arise out of a
  920  lawsuit suit for such damages as aforesaid.
  921         Section 23. Subsections (1) and (2) of section 324.171,
  922  Florida Statutes, are amended to read:
  923         324.171 Self-insurer.—
  924         (1) A Any person may qualify as a self-insurer by obtaining
  925  a certificate of self-insurance from the department. which may,
  926  in its discretion and Upon application of such a person, the
  927  department may issue a said certificate of self-insurance if the
  928  applicant when such person has satisfied the requirements of
  929  this section to qualify as a self-insurer under this section:
  930         (a) A private individual with private passenger vehicles
  931  must shall possess a net unencumbered worth: of
  932         1.Beginning January 1, 2019, through December 31, 2020, of
  933  at least $80,000.
  934         2. Beginning January 1, 2021, through December 31, 2022, of
  935  at least $100,000.
  936         3. Beginning January 1, 2023, and thereafter, of at least
  937  $120,000 $40,000.
  938         (b) A person, including any firm, partnership, association,
  939  corporation, or other person, other than a natural person, must
  940  shall:
  941         1. Possess a net unencumbered worth: of
  942         a. Beginning January 1, 2019, through December 31, 2020, of
  943  at least $80,000 for the first motor vehicle and $40,000 for
  944  each additional motor vehicle.
  945         b. Beginning January 1, 2021, through December 31, 2022, of
  946  at least $100,000 for the first motor vehicle and $50,000 for
  947  each additional motor vehicle.
  948         c. Beginning January 1, 2023, and thereafter, of at least
  949  $120,000 $40,000 for the first motor vehicle and $60,000 $20,000
  950  for each additional motor vehicle; or
  951         2. Maintain sufficient net worth, in an amount determined
  952  by the department, to be financially responsible for potential
  953  losses. The department shall annually determine the minimum net
  954  worth sufficient to satisfy this subparagraph as determined
  955  annually by the department, pursuant to rules adopted
  956  promulgated by the department, with the assistance of the Office
  957  of Insurance Regulation of the Financial Services Commission, to
  958  be financially responsible for potential losses. The rules must
  959  consider any shall take into consideration excess insurance
  960  carried by the applicant. The department’s determination must
  961  shall be based upon reasonable actuarial principles considering
  962  the frequency, severity, and loss development of claims incurred
  963  by casualty insurers writing coverage on the type of motor
  964  vehicles for which a certificate of self-insurance is desired.
  965         (c) The owner of a commercial motor vehicle, as defined in
  966  s. 207.002 or s. 320.01, may qualify as a self-insurer subject
  967  to the standards provided for in subparagraph (b)2.
  968         (2) The self-insurance certificate must shall provide
  969  limits of liability insurance in the amounts specified under s.
  970  324.021(7) or s. 627.7415 and shall provide personal injury
  971  protection coverage under s. 627.733(3)(b).
  972         Section 24. Section 324.251, Florida Statutes, is amended
  973  to read:
  974         324.251 Short title.—This chapter may be cited as the
  975  “Financial Responsibility Law of 2018 1955” and is shall become
  976  effective at 12:01 a.m., January 1, 2019 October 1, 1955.
  977         Section 25. Subsection (4) of section 400.9905, Florida
  978  Statutes, is amended to read:
  979         400.9905 Definitions.—
  980         (4) “Clinic” means an entity where health care services are
  981  provided to individuals and which tenders charges for
  982  reimbursement for such services, including a mobile clinic and a
  983  portable equipment provider. As used in this part, the term does
  984  not include and the licensure requirements of this part do not
  985  apply to:
  986         (a) Entities licensed or registered by the state under
  987  chapter 395; entities licensed or registered by the state and
  988  providing only health care services within the scope of services
  989  authorized under their respective licenses under ss. 383.30
  990  383.335, chapter 390, chapter 394, chapter 397, this chapter
  991  except part X, chapter 429, chapter 463, chapter 465, chapter
  992  466, chapter 478, part I of chapter 483, chapter 484, or chapter
  993  651; end-stage renal disease providers authorized under 42
  994  C.F.R. part 405, subpart U; providers certified under 42 C.F.R.
  995  part 485, subpart B or subpart H; or any entity that provides
  996  neonatal or pediatric hospital-based health care services or
  997  other health care services by licensed practitioners solely
  998  within a hospital licensed under chapter 395.
  999         (b) Entities that own, directly or indirectly, entities
 1000  licensed or registered by the state pursuant to chapter 395;
 1001  entities that own, directly or indirectly, entities licensed or
 1002  registered by the state and providing only health care services
 1003  within the scope of services authorized pursuant to their
 1004  respective licenses under ss. 383.30-383.335, chapter 390,
 1005  chapter 394, chapter 397, this chapter except part X, chapter
 1006  429, chapter 463, chapter 465, chapter 466, chapter 478, part I
 1007  of chapter 483, chapter 484, or chapter 651; end-stage renal
 1008  disease providers authorized under 42 C.F.R. part 405, subpart
 1009  U; providers certified under 42 C.F.R. part 485, subpart B or
 1010  subpart H; or any entity that provides neonatal or pediatric
 1011  hospital-based health care services by licensed practitioners
 1012  solely within a hospital licensed under chapter 395.
 1013         (c) Entities that are owned, directly or indirectly, by an
 1014  entity licensed or registered by the state pursuant to chapter
 1015  395; entities that are owned, directly or indirectly, by an
 1016  entity licensed or registered by the state and providing only
 1017  health care services within the scope of services authorized
 1018  pursuant to their respective licenses under ss. 383.30-383.335,
 1019  chapter 390, chapter 394, chapter 397, this chapter except part
 1020  X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
 1021  478, part I of chapter 483, chapter 484, or chapter 651; end
 1022  stage renal disease providers authorized under 42 C.F.R. part
 1023  405, subpart U; providers certified under 42 C.F.R. part 485,
 1024  subpart B or subpart H; or any entity that provides neonatal or
 1025  pediatric hospital-based health care services by licensed
 1026  practitioners solely within a hospital under chapter 395.
 1027         (d) Entities that are under common ownership, directly or
 1028  indirectly, with an entity licensed or registered by the state
 1029  pursuant to chapter 395; entities that are under common
 1030  ownership, directly or indirectly, with an entity licensed or
 1031  registered by the state and providing only health care services
 1032  within the scope of services authorized pursuant to their
 1033  respective licenses under ss. 383.30-383.335, chapter 390,
 1034  chapter 394, chapter 397, this chapter except part X, chapter
 1035  429, chapter 463, chapter 465, chapter 466, chapter 478, part I
 1036  of chapter 483, chapter 484, or chapter 651; end-stage renal
 1037  disease providers authorized under 42 C.F.R. part 405, subpart
 1038  U; providers certified under 42 C.F.R. part 485, subpart B or
 1039  subpart H; or any entity that provides neonatal or pediatric
 1040  hospital-based health care services by licensed practitioners
 1041  solely within a hospital licensed under chapter 395.
 1042         (e) An entity that is exempt from federal taxation under 26
 1043  U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
 1044  under 26 U.S.C. s. 409 that has a board of trustees at least
 1045  two-thirds of which are Florida-licensed health care
 1046  practitioners and provides only physical therapy services under
 1047  physician orders, any community college or university clinic,
 1048  and any entity owned or operated by the federal or state
 1049  government, including agencies, subdivisions, or municipalities
 1050  thereof.
 1051         (f) A sole proprietorship, group practice, partnership, or
 1052  corporation that provides health care services by physicians
 1053  covered by s. 627.419, that is directly supervised by one or
 1054  more of such physicians, and that is wholly owned by one or more
 1055  of those physicians or by a physician and the spouse, parent,
 1056  child, or sibling of that physician.
 1057         (g) A sole proprietorship, group practice, partnership, or
 1058  corporation that provides health care services by licensed
 1059  health care practitioners under chapter 457, chapter 458,
 1060  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
 1061  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
 1062  chapter 490, chapter 491, or part I, part III, part X, part
 1063  XIII, or part XIV of chapter 468, or s. 464.012, and that is
 1064  wholly owned by one or more licensed health care practitioners,
 1065  or the licensed health care practitioners set forth in this
 1066  paragraph and the spouse, parent, child, or sibling of a
 1067  licensed health care practitioner if one of the owners who is a
 1068  licensed health care practitioner is supervising the business
 1069  activities and is legally responsible for the entity’s
 1070  compliance with all federal and state laws. However, a health
 1071  care practitioner may not supervise services beyond the scope of
 1072  the practitioner’s license, except that, for the purposes of
 1073  this part, a clinic owned by a licensee in s. 456.053(3)(b)
 1074  which provides only services authorized pursuant to s.
 1075  456.053(3)(b) may be supervised by a licensee specified in s.
 1076  456.053(3)(b).
 1077         (h) Clinical facilities affiliated with an accredited
 1078  medical school at which training is provided for medical
 1079  students, residents, or fellows.
 1080         (i) Entities that provide only oncology or radiation
 1081  therapy services by physicians licensed under chapter 458 or
 1082  chapter 459 or entities that provide oncology or radiation
 1083  therapy services by physicians licensed under chapter 458 or
 1084  chapter 459 which are owned by a corporation whose shares are
 1085  publicly traded on a recognized stock exchange.
 1086         (j) Clinical facilities affiliated with a college of
 1087  chiropractic accredited by the Council on Chiropractic Education
 1088  at which training is provided for chiropractic students.
 1089         (k) Entities that provide licensed practitioners to staff
 1090  emergency departments or to deliver anesthesia services in
 1091  facilities licensed under chapter 395 and that derive at least
 1092  90 percent of their gross annual revenues from the provision of
 1093  such services. Entities claiming an exemption from licensure
 1094  under this paragraph must provide documentation demonstrating
 1095  compliance.
 1096         (l) Orthotic, prosthetic, pediatric cardiology, or
 1097  perinatology clinical facilities or anesthesia clinical
 1098  facilities that are not otherwise exempt under paragraph (a) or
 1099  paragraph (k) and that are a publicly traded corporation or are
 1100  wholly owned, directly or indirectly, by a publicly traded
 1101  corporation. As used in this paragraph, a publicly traded
 1102  corporation is a corporation that issues securities traded on an
 1103  exchange registered with the United States Securities and
 1104  Exchange Commission as a national securities exchange.
 1105         (m) Entities that are owned by a corporation that has $250
 1106  million or more in total annual sales of health care services
 1107  provided by licensed health care practitioners where one or more
 1108  of the persons responsible for the operations of the entity is a
 1109  health care practitioner who is licensed in this state and who
 1110  is responsible for supervising the business activities of the
 1111  entity and is responsible for the entity’s compliance with state
 1112  law for purposes of this part.
 1113         (n) Entities that employ 50 or more licensed health care
 1114  practitioners licensed under chapter 458 or chapter 459 where
 1115  the billing for medical services is under a single tax
 1116  identification number. The application for exemption under this
 1117  subsection must include shall contain information that includes:
 1118  the name, residence, and business address and telephone phone
 1119  number of the entity that owns the practice; a complete list of
 1120  the names and contact information of all the officers and
 1121  directors of the corporation; the name, residence address,
 1122  business address, and medical license number of each licensed
 1123  Florida health care practitioner employed by the entity; the
 1124  corporate tax identification number of the entity seeking an
 1125  exemption; a listing of health care services to be provided by
 1126  the entity at the health care clinics owned or operated by the
 1127  entity; and a certified statement prepared by an independent
 1128  certified public accountant which states that the entity and the
 1129  health care clinics owned or operated by the entity have not
 1130  received payment for health care services under motor vehicle
 1131  personal injury protection insurance coverage for the preceding
 1132  year. If the agency determines that an entity that which is
 1133  exempt under this subsection has received payments for medical
 1134  services under motor vehicle personal injury protection
 1135  insurance coverage, the agency may deny or revoke the exemption
 1136  from licensure under this subsection.
 1137  
 1138  Notwithstanding this subsection, an entity shall be deemed a
 1139  clinic and must be licensed under this part in order to receive
 1140  reimbursement under a motor vehicle insurance policy the Florida
 1141  Motor Vehicle No-Fault Law, ss. 627.730-627.7405, unless
 1142  exempted under s. 627.736(5)(h).
 1143         Section 26. Subsection (6) of section 400.991, Florida
 1144  Statutes, is amended to read:
 1145         400.991 License requirements; background screenings;
 1146  prohibitions.—
 1147         (6) All agency forms for licensure application or exemption
 1148  from licensure under this part must contain the following
 1149  statement:
 1150  
 1151         INSURANCE FRAUD NOTICE.—A person commits a fraudulent
 1152         insurance act, as defined in s. 626.989, Florida
 1153         Statutes, if the person who knowingly submits a false,
 1154         misleading, or fraudulent application or other
 1155         document when applying for licensure as a health care
 1156         clinic, seeking an exemption from licensure as a
 1157         health care clinic, or demonstrating compliance with
 1158         part X of chapter 400, Florida Statutes, with the
 1159         intent to use the license, exemption from licensure,
 1160         or demonstration of compliance to provide services or
 1161         seek reimbursement under a motor vehicle liability
 1162         insurance policy the Florida Motor Vehicle No-Fault
 1163         Law, commits a fraudulent insurance act, as defined in
 1164         s. 626.989, Florida Statutes. A person who presents a
 1165         claim for benefits under a motor vehicle insurance
 1166         policy, personal injury protection benefits knowing
 1167         that the payee knowingly submitted such health care
 1168         clinic application or document, commits insurance
 1169         fraud, as defined in s. 817.234, Florida Statutes.
 1170         Section 27. Paragraph (g) of subsection (1) of section
 1171  400.9935, Florida Statutes, is amended to read:
 1172         400.9935 Clinic responsibilities.—
 1173         (1) Each clinic shall appoint a medical director or clinic
 1174  director who shall agree in writing to accept legal
 1175  responsibility for the following activities on behalf of the
 1176  clinic. The medical director or the clinic director shall:
 1177         (g) Conduct systematic reviews of clinic billings to ensure
 1178  that the billings are not fraudulent or unlawful. Upon discovery
 1179  of an unlawful charge, the medical director or clinic director
 1180  shall take immediate corrective action. If the clinic performs
 1181  only the technical component of magnetic resonance imaging,
 1182  static radiographs, computed tomography, or positron emission
 1183  tomography, and provides the professional interpretation of such
 1184  services, in a fixed facility that is accredited by a national
 1185  accrediting organization that is approved by the Centers for
 1186  Medicare and Medicaid Services for magnetic resonance imaging
 1187  and advanced diagnostic imaging services and if, in the
 1188  preceding quarter, the percentage of scans performed by that
 1189  clinic which was billed to motor vehicle all personal injury
 1190  protection insurance carriers was less than 15 percent, the
 1191  chief financial officer of the clinic may, in a written
 1192  acknowledgment provided to the agency, assume the responsibility
 1193  for the conduct of the systematic reviews of clinic billings to
 1194  ensure that the billings are not fraudulent or unlawful.
 1195         Section 28. Subsection (28) of section 409.901, Florida
 1196  Statutes, is amended to read:
 1197         409.901 Definitions; ss. 409.901-409.920.—As used in ss.
 1198  409.901-409.920, except as otherwise specifically provided, the
 1199  term:
 1200         (28) “Third-party benefit” means any benefit that is or may
 1201  be available at any time through contract, court award,
 1202  judgment, settlement, agreement, or any arrangement between a
 1203  third party and any person or entity, including, without
 1204  limitation, a Medicaid recipient, a provider, another third
 1205  party, an insurer, or the agency, for any Medicaid-covered
 1206  injury, illness, goods, or services, including costs of medical
 1207  services related thereto, for bodily personal injury or for
 1208  death of the recipient, but specifically excluding policies of
 1209  life insurance policies on the recipient, unless available under
 1210  terms of the policy to pay medical expenses before prior to
 1211  death. The term includes, without limitation, collateral, as
 1212  defined in this section, health insurance, any benefit under a
 1213  health maintenance organization, a preferred provider
 1214  arrangement, a prepaid health clinic, liability insurance,
 1215  uninsured motorist insurance or personal injury protection
 1216  coverage, medical benefits under workers’ compensation, and any
 1217  obligation under law or equity to provide medical support.
 1218         Section 29. Paragraph (f) of subsection (11) of section
 1219  409.910, Florida Statutes, is amended to read:
 1220         409.910 Responsibility for payments on behalf of Medicaid
 1221  eligible persons when other parties are liable.—
 1222         (11) The agency may, as a matter of right, in order to
 1223  enforce its rights under this section, institute, intervene in,
 1224  or join any legal or administrative proceeding in its own name
 1225  in one or more of the following capacities: individually, as
 1226  subrogee of the recipient, as assignee of the recipient, or as
 1227  lienholder of the collateral.
 1228         (f) Notwithstanding any provision in this section to the
 1229  contrary, in the event of an action in tort against a third
 1230  party in which the recipient or his or her legal representative
 1231  is a party which results in a judgment, award, or settlement
 1232  from a third party, the amount recovered shall be distributed as
 1233  follows:
 1234         1. After attorney attorney’s fees and taxable costs as
 1235  defined by the Florida Rules of Civil Procedure, one-half of the
 1236  remaining recovery shall be paid to the agency up to the total
 1237  amount of medical assistance provided by Medicaid.
 1238         2. The remaining amount of the recovery shall be paid to
 1239  the recipient.
 1240         3. For purposes of calculating the agency’s recovery of
 1241  medical assistance benefits paid, the fee for services of an
 1242  attorney retained by the recipient or his or her legal
 1243  representative shall be calculated at 25 percent of the
 1244  judgment, award, or settlement.
 1245         4. Notwithstanding any other provision of this section to
 1246  the contrary, the agency shall be entitled to all medical
 1247  coverage benefits up to the total amount of medical assistance
 1248  provided by Medicaid. For purposes of this paragraph, the term
 1249  “medical coverage” means any benefits under health insurance, a
 1250  health maintenance organization, a preferred provider
 1251  arrangement, or a prepaid health clinic, and the portion of
 1252  benefits designated for medical payments under coverage for
 1253  workers’ compensation coverage, motor vehicle insurance
 1254  coverage, personal injury protection, and casualty coverage.
 1255         Section 30. Paragraph (k) of subsection (2) of section
 1256  456.057, Florida Statutes, is amended to read:
 1257         456.057 Ownership and control of patient records; report or
 1258  copies of records to be furnished; disclosure of information.—
 1259         (2) As used in this section, the terms “records owner,”
 1260  “health care practitioner,” and “health care practitioner’s
 1261  employer” do not include any of the following persons or
 1262  entities; furthermore, the following persons or entities are not
 1263  authorized to acquire or own medical records, but are authorized
 1264  under the confidentiality and disclosure requirements of this
 1265  section to maintain those documents required by the part or
 1266  chapter under which they are licensed or regulated:
 1267         (k) Persons or entities practicing under s. 627.736(7).
 1268         Section 31. Paragraphs (ee) and (ff) of subsection (1) of
 1269  section 456.072, Florida Statutes, are amended to read:
 1270         456.072 Grounds for discipline; penalties; enforcement.—
 1271         (1) The following acts shall constitute grounds for which
 1272  the disciplinary actions specified in subsection (2) may be
 1273  taken:
 1274         (ee) With respect to making a motor vehicle insurance
 1275  personal injury protection claim as required by s. 627.736,
 1276  intentionally submitting a claim, statement, or bill that has
 1277  been upcoded. As used in this paragraph, the term “upcoded”
 1278  means an action that submits a billing code that would result in
 1279  payment greater in amount than would be paid using a billing
 1280  code that accurately describes the services performed. The term
 1281  does not include an otherwise lawful bill by a magnetic
 1282  resonance imaging facility, which globally combines both
 1283  technical and professional components, if the amount of the
 1284  global bill is not more than the components if billed
 1285  separately; however, payment of such a bill constitutes payment
 1286  in full for all components of such service “upcoded” as defined
 1287  in s. 627.732.
 1288         (ff) With respect to making a motor vehicle insurance
 1289  personal injury protection claim as required by s. 627.736,
 1290  intentionally submitting a claim, statement, or bill for payment
 1291  of services that were not rendered.
 1292         Section 32. Paragraphs (i) and (o) of subsection (1) of
 1293  section 626.9541, Florida Statutes, are amended to read:
 1294         626.9541 Unfair methods of competition and unfair or
 1295  deceptive acts or practices defined.—
 1296         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
 1297  ACTS.—The following are defined as unfair methods of competition
 1298  and unfair or deceptive acts or practices:
 1299         (i) Unfair claim settlement practices.—
 1300         1. Attempting to settle claims on the basis of an
 1301  application, when serving as a binder or intended to become a
 1302  part of the policy, or any other material document which was
 1303  altered without notice to, or knowledge or consent of, the
 1304  insured;
 1305         2. A material misrepresentation made to an insured or any
 1306  other person having an interest in the proceeds payable under
 1307  such contract or policy, for the purpose and with the intent of
 1308  effecting settlement of such claims, loss, or damage under such
 1309  contract or policy on less favorable terms than those provided
 1310  in, and contemplated by, such contract or policy; or
 1311         3. Committing or performing with such frequency as to
 1312  indicate a general business practice any of the following:
 1313         a. Failing to adopt and implement standards for the proper
 1314  investigation of claims;
 1315         b. Misrepresenting pertinent facts or insurance policy
 1316  provisions relating to coverages at issue;
 1317         c. Failing to acknowledge and act promptly upon
 1318  communications with respect to claims;
 1319         d. Denying claims without conducting reasonable
 1320  investigations based upon available information;
 1321         e. Failing to affirm or deny full or partial coverage of
 1322  claims, and, as to partial coverage, the dollar amount or extent
 1323  of coverage, or failing to provide a written statement that the
 1324  claim is being investigated, upon the written request of the
 1325  insured within 30 days after proof-of-loss statements have been
 1326  completed;
 1327         f. Failing to promptly provide a reasonable explanation in
 1328  writing to the insured of the basis in the insurance policy, in
 1329  relation to the facts or applicable law, for denial of a claim
 1330  or for the offer of a compromise settlement;
 1331         g. Failing to promptly notify the insured of any additional
 1332  information necessary for the processing of a claim; or
 1333         h. Failing to clearly explain the nature of the requested
 1334  information and the reasons why such information is necessary.
 1335         i. Failing to pay personal injury protection insurance
 1336  claims within the time periods required by s. 627.736(4)(b). The
 1337  office may order the insurer to pay restitution to a
 1338  policyholder, medical provider, or other claimant, including
 1339  interest at a rate consistent with the amount set forth in s.
 1340  55.03(1), for the time period within which an insurer fails to
 1341  pay claims as required by law. Restitution is in addition to any
 1342  other penalties allowed by law, including, but not limited to,
 1343  the suspension of the insurer’s certificate of authority.
 1344         4. Failing to pay undisputed amounts of partial or full
 1345  benefits owed under first-party property insurance policies
 1346  within 90 days after an insurer receives notice of a residential
 1347  property insurance claim, determines the amounts of partial or
 1348  full benefits, and agrees to coverage, unless payment of the
 1349  undisputed benefits is prevented by an act of God, prevented by
 1350  the impossibility of performance, or due to actions by the
 1351  insured or claimant that constitute fraud, lack of cooperation,
 1352  or intentional misrepresentation regarding the claim for which
 1353  benefits are owed.
 1354         (o) Illegal dealings in premiums; excess or reduced charges
 1355  for insurance.—
 1356         1. Knowingly collecting any sum as a premium or charge for
 1357  insurance, which is not then provided, or is not in due course
 1358  to be provided, subject to acceptance of the risk by the
 1359  insurer, by an insurance policy issued by an insurer as
 1360  permitted by this code.
 1361         2. Knowingly collecting as a premium or charge for
 1362  insurance any sum in excess of or less than the premium or
 1363  charge applicable to such insurance, in accordance with the
 1364  applicable classifications and rates as filed with and approved
 1365  by the office, and as specified in the policy; or, in cases when
 1366  classifications, premiums, or rates are not required by this
 1367  code to be so filed and approved, premiums and charges collected
 1368  from a Florida resident in excess of or less than those
 1369  specified in the policy and as fixed by the insurer.
 1370  Notwithstanding any other provision of law, this provision shall
 1371  not be deemed to prohibit the charging and collection, by
 1372  surplus lines agents licensed under part VIII of this chapter,
 1373  of the amount of applicable state and federal taxes, or fees as
 1374  authorized by s. 626.916(4), in addition to the premium required
 1375  by the insurer or the charging and collection, by licensed
 1376  agents, of the exact amount of any discount or other such fee
 1377  charged by a credit card facility in connection with the use of
 1378  a credit card, as authorized by subparagraph (q)3., in addition
 1379  to the premium required by the insurer. This subparagraph shall
 1380  not be construed to prohibit collection of a premium for a
 1381  universal life or a variable or indeterminate value insurance
 1382  policy made in accordance with the terms of the contract.
 1383         3.a. Imposing or requesting an additional premium for
 1384  bodily injury liability coverage, property damage liability
 1385  coverage a policy of motor vehicle liability, personal injury
 1386  protection, medical payments coverage payment, or collision
 1387  coverage in a motor vehicle liability insurance policy insurance
 1388  or any combination thereof or refusing to renew the policy
 1389  solely because the insured was involved in a motor vehicle
 1390  accident unless the insurer’s file contains information from
 1391  which the insurer in good faith determines that the insured was
 1392  substantially at fault in the accident.
 1393         b. An insurer which imposes and collects such a surcharge
 1394  or which refuses to renew such policy shall, in conjunction with
 1395  the notice of premium due or notice of nonrenewal, notify the
 1396  named insured that he or she is entitled to reimbursement of
 1397  such amount or renewal of the policy under the conditions listed
 1398  below and will subsequently reimburse him or her or renew the
 1399  policy, if the named insured demonstrates that the operator
 1400  involved in the accident was:
 1401         (I) Lawfully parked;
 1402         (II) Reimbursed by, or on behalf of, a person responsible
 1403  for the accident or has a judgment against such person;
 1404         (III) Struck in the rear by another vehicle headed in the
 1405  same direction and was not convicted of a moving traffic
 1406  violation in connection with the accident;
 1407         (IV) Hit by a “hit-and-run” driver, if the accident was
 1408  reported to the proper authorities within 24 hours after
 1409  discovering the accident;
 1410         (V) Not convicted of a moving traffic violation in
 1411  connection with the accident, but the operator of the other
 1412  automobile involved in such accident was convicted of a moving
 1413  traffic violation;
 1414         (VI) Finally adjudicated not to be liable by a court of
 1415  competent jurisdiction;
 1416         (VII) In receipt of a traffic citation which was dismissed
 1417  or nolle prossed; or
 1418         (VIII) Not at fault as evidenced by a written statement
 1419  from the insured establishing facts demonstrating lack of fault
 1420  which are not rebutted by information in the insurer’s file from
 1421  which the insurer in good faith determines that the insured was
 1422  substantially at fault.
 1423         c. In addition to the other provisions of this
 1424  subparagraph, an insurer may not fail to renew a policy if the
 1425  insured has had only one accident in which he or she was at
 1426  fault within the current 3-year period. However, an insurer may
 1427  nonrenew a policy for reasons other than accidents in accordance
 1428  with s. 627.728. This subparagraph does not prohibit nonrenewal
 1429  of a policy under which the insured has had three or more
 1430  accidents, regardless of fault, during the most recent 3-year
 1431  period.
 1432         4. Imposing or requesting an additional premium for, or
 1433  refusing to renew, a policy for motor vehicle insurance solely
 1434  because the insured committed a noncriminal traffic infraction
 1435  as described in s. 318.14 unless the infraction is:
 1436         a. A second infraction committed within an 18-month period,
 1437  or a third or subsequent infraction committed within a 36-month
 1438  period.
 1439         b. A violation of s. 316.183, when such violation is a
 1440  result of exceeding the lawful speed limit by more than 15 miles
 1441  per hour.
 1442         5. Upon the request of the insured, the insurer and
 1443  licensed agent shall supply to the insured the complete proof of
 1444  fault or other criteria which justifies the additional charge or
 1445  cancellation.
 1446         6. No insurer shall impose or request an additional premium
 1447  for motor vehicle insurance, cancel or refuse to issue a policy,
 1448  or refuse to renew a policy because the insured or the applicant
 1449  is a handicapped or physically disabled person, so long as such
 1450  handicap or physical disability does not substantially impair
 1451  such person’s mechanically assisted driving ability.
 1452         7. No insurer may cancel or otherwise terminate any
 1453  insurance contract or coverage, or require execution of a
 1454  consent to rate endorsement, during the stated policy term for
 1455  the purpose of offering to issue, or issuing, a similar or
 1456  identical contract or coverage to the same insured with the same
 1457  exposure at a higher premium rate or continuing an existing
 1458  contract or coverage with the same exposure at an increased
 1459  premium.
 1460         8. No insurer may issue a nonrenewal notice on any
 1461  insurance contract or coverage, or require execution of a
 1462  consent to rate endorsement, for the purpose of offering to
 1463  issue, or issuing, a similar or identical contract or coverage
 1464  to the same insured at a higher premium rate or continuing an
 1465  existing contract or coverage at an increased premium without
 1466  meeting any applicable notice requirements.
 1467         9. No insurer shall, with respect to premiums charged for
 1468  motor vehicle insurance, unfairly discriminate solely on the
 1469  basis of age, sex, marital status, or scholastic achievement.
 1470         10. Imposing or requesting an additional premium for motor
 1471  vehicle comprehensive or uninsured motorist coverage solely
 1472  because the insured was involved in a motor vehicle accident or
 1473  was convicted of a moving traffic violation.
 1474         11. No insurer shall cancel or issue a nonrenewal notice on
 1475  any insurance policy or contract without complying with any
 1476  applicable cancellation or nonrenewal provision required under
 1477  the Florida Insurance Code.
 1478         12. No insurer shall impose or request an additional
 1479  premium, cancel a policy, or issue a nonrenewal notice on any
 1480  insurance policy or contract because of any traffic infraction
 1481  when adjudication has been withheld and no points have been
 1482  assessed pursuant to s. 318.14(9) and (10). However, this
 1483  subparagraph does not apply to traffic infractions involving
 1484  accidents in which the insurer has incurred a loss due to the
 1485  fault of the insured.
 1486         Section 33. Paragraph (a) of subsection (1) of section
 1487  626.989, Florida Statutes, is amended to read:
 1488         626.989 Investigation by department or Division of
 1489  Investigative and Forensic Services; compliance; immunity;
 1490  confidential information; reports to division; division
 1491  investigator’s power of arrest.—
 1492         (1) For the purposes of this section:
 1493         (a) A person commits a “fraudulent insurance act” if the
 1494  person:
 1495         1. Knowingly and with intent to defraud presents, causes to
 1496  be presented, or prepares with knowledge or belief that it will
 1497  be presented, to or by an insurer, self-insurer, self-insurance
 1498  fund, servicing corporation, purported insurer, broker, or any
 1499  agent thereof, any written statement as part of, or in support
 1500  of, an application for the issuance of, or the rating of, any
 1501  insurance policy, or a claim for payment or other benefit
 1502  pursuant to any insurance policy, which the person knows to
 1503  contain materially false information concerning any fact
 1504  material thereto or if the person conceals, for the purpose of
 1505  misleading another, information concerning any fact material
 1506  thereto.
 1507         2. Knowingly submits:
 1508         a. A false, misleading, or fraudulent application or other
 1509  document when applying for licensure as a health care clinic,
 1510  seeking an exemption from licensure as a health care clinic, or
 1511  demonstrating compliance with part X of chapter 400 with an
 1512  intent to use the license, exemption from licensure, or
 1513  demonstration of compliance to provide services or seek
 1514  reimbursement under a motor vehicle liability insurance policy
 1515  the Florida Motor Vehicle No-Fault Law.
 1516         b. A claim for payment or other benefit under a motor
 1517  vehicle pursuant to a personal injury protection insurance
 1518  policy under the Florida Motor Vehicle No-Fault Law if the
 1519  person knows that the payee knowingly submitted a false,
 1520  misleading, or fraudulent application or other document when
 1521  applying for licensure as a health care clinic, seeking an
 1522  exemption from licensure as a health care clinic, or
 1523  demonstrating compliance with part X of chapter 400.
 1524         Section 34. Subsection (1) of section 627.06501, Florida
 1525  Statutes, is amended to read:
 1526         627.06501 Insurance discounts for certain persons
 1527  completing driver improvement course.—
 1528         (1) Any rate, rating schedule, or rating manual for the
 1529  bodily injury and property damage liability coverage, personal
 1530  injury protection, and collision coverages of a motor vehicle
 1531  insurance policy filed with the office may provide for an
 1532  appropriate reduction in premium charges as to such coverages if
 1533  when the principal operator on the covered vehicle has
 1534  successfully completed a driver improvement course approved and
 1535  certified by the Department of Highway Safety and Motor Vehicles
 1536  which is effective in reducing crash or violation rates, or
 1537  both, as determined pursuant to s. 318.1451(5). Any discount,
 1538  not to exceed 10 percent, used by an insurer is presumed to be
 1539  appropriate unless credible data demonstrates otherwise.
 1540         Section 35. Subsection (1) of section 627.0652, Florida
 1541  Statutes, is amended to read:
 1542         627.0652 Insurance discounts for certain persons completing
 1543  safety course.—
 1544         (1) Any rates, rating schedules, or rating manuals for the
 1545  bodily injury and property damage liability coverage, personal
 1546  injury protection, and collision coverages of a motor vehicle
 1547  insurance policy filed with the office must shall provide for an
 1548  appropriate reduction in premium charges as to such coverages if
 1549  when the principal operator on the covered vehicle is an insured
 1550  55 years of age or older who has successfully completed a motor
 1551  vehicle accident prevention course approved by the Department of
 1552  Highway Safety and Motor Vehicles. Any discount used by an
 1553  insurer is presumed to be appropriate unless credible data
 1554  demonstrates otherwise.
 1555         Section 36. Subsections (1), (3), and (6) of section
 1556  627.0653, Florida Statutes, are amended to read:
 1557         627.0653 Insurance discounts for specified motor vehicle
 1558  equipment.—
 1559         (1) Any rates, rating schedules, or rating manuals for the
 1560  bodily injury and property damage liability coverage, personal
 1561  injury protection, and collision coverages of a motor vehicle
 1562  insurance policy filed with the office must shall provide a
 1563  premium discount if the insured vehicle is equipped with
 1564  factory-installed, four-wheel antilock brakes.
 1565         (3) Any rates, rating schedules, or rating manuals for the
 1566  bodily injury liability personal injury protection coverage and
 1567  medical payments coverage, if offered, of a motor vehicle
 1568  insurance policy filed with the office must shall provide a
 1569  premium discount if the insured vehicle is equipped with one or
 1570  more air bags that which are factory installed.
 1571         (6) The Office of Insurance Regulation may approve a
 1572  premium discount to any rates, rating schedules, or rating
 1573  manuals for the bodily injury and property damage liability
 1574  coverage, personal injury protection, and collision coverages of
 1575  a motor vehicle insurance policy filed with the office if the
 1576  insured vehicle is equipped with autonomous driving technology
 1577  or electronic vehicle collision avoidance technology that is
 1578  factory installed or a retrofitted system and that complies with
 1579  National Highway Traffic Safety Administration standards.
 1580         Section 37. Section 627.4132, Florida Statutes, is amended
 1581  to read:
 1582         627.4132 Stacking of coverages prohibited.—If an insured or
 1583  named insured is protected by any type of motor vehicle
 1584  insurance policy for bodily injury and property damage
 1585  liability, personal injury protection, or other coverage, the
 1586  policy must shall provide that the insured or named insured is
 1587  protected only to the extent of the coverage she or he has on
 1588  the vehicle involved in the accident. However, if none of the
 1589  insured’s or named insured’s vehicles are is involved in the
 1590  accident, coverage is available only to the extent of coverage
 1591  on any one of the vehicles with applicable coverage. Coverage on
 1592  any other vehicles may shall not be added to or stacked upon
 1593  that coverage. This section does not apply:
 1594         (1) To uninsured motorist coverage that which is separately
 1595  governed by s. 627.727.
 1596         (2) To reduce the coverage available by reason of insurance
 1597  policies insuring different named insureds.
 1598         Section 38. Section 627.7263, Florida Statutes, is amended
 1599  to read:
 1600         627.7263 Rental and leasing driver’s insurance to be
 1601  primary; exception.—
 1602         (1) The valid and collectible bodily injury and property
 1603  damage liability insurance or personal injury protection
 1604  insurance providing coverage for the lessor of a motor vehicle
 1605  for rent or lease is primary unless otherwise stated in at least
 1606  10-point type on the face of the rental or lease agreement. Such
 1607  insurance is primary for the limits of liability and personal
 1608  injury protection coverage as required by s. 324.021(7) ss.
 1609  324.021(7) and 627.736.
 1610         (2) If the lessee’s coverage is to be primary, the rental
 1611  or lease agreement must contain the following language, in at
 1612  least 10-point type:
 1613  
 1614         “The valid and collectible bodily injury and property
 1615         damage liability insurance and personal injury
 1616         protection insurance of an any authorized rental or
 1617         leasing driver is primary for the limits of liability
 1618         and personal injury protection coverage required under
 1619         s. 324.021(7) by ss. 324.021(7) and 627.736, Florida
 1620         Statutes.”
 1621         Section 39. Subsections (1) and (7) of section 627.727,
 1622  Florida Statutes, are amended, and present subsections (8), (9),
 1623  and (10) of that section are redesignated as subsections (7),
 1624  (8), and (9), respectively, to read:
 1625         627.727 Motor vehicle insurance; uninsured and underinsured
 1626  vehicle coverage; insolvent insurer protection.—
 1627         (1) A No motor vehicle liability insurance policy that
 1628  which provides bodily injury liability coverage may not shall be
 1629  delivered or issued for delivery in this state with respect to
 1630  any specifically insured or identified motor vehicle registered
 1631  or principally garaged in this state, unless uninsured motor
 1632  vehicle coverage is provided therein or supplemental thereto for
 1633  the protection of persons insured thereunder who are legally
 1634  entitled to recover damages from owners or operators of
 1635  uninsured motor vehicles because of bodily injury, sickness, or
 1636  disease, including death, resulting therefrom. However, the
 1637  coverage required under this section is not applicable if when,
 1638  or to the extent that, an insured named in the policy makes a
 1639  written rejection of the coverage on behalf of all insureds
 1640  under the policy. If When a motor vehicle is leased for a period
 1641  of 1 year or longer and the lessor of such vehicle, by the terms
 1642  of the lease contract, provides liability coverage on the leased
 1643  vehicle, the lessee of such vehicle has shall have the sole
 1644  privilege to reject uninsured motorist coverage or to select
 1645  lower limits than the bodily injury liability limits, regardless
 1646  of whether the lessor is qualified as a self-insurer pursuant to
 1647  s. 324.171. Unless an insured, or lessee having the privilege of
 1648  rejecting uninsured motorist coverage, requests such coverage or
 1649  requests higher uninsured motorist limits in writing, the
 1650  coverage or such higher uninsured motorist limits need not be
 1651  provided in or supplemental to any other policy which renews,
 1652  extends, changes, supersedes, or replaces an existing policy
 1653  with the same bodily injury liability limits when an insured or
 1654  lessee had rejected the coverage. When an insured or lessee has
 1655  initially selected limits of uninsured motorist coverage lower
 1656  than her or his bodily injury liability limits, higher limits of
 1657  uninsured motorist coverage need not be provided in or
 1658  supplemental to any other policy that which renews, extends,
 1659  changes, supersedes, or replaces an existing policy with the
 1660  same bodily injury liability limits unless an insured requests
 1661  higher uninsured motorist coverage in writing. The rejection or
 1662  selection of lower limits must shall be made on a form approved
 1663  by the office. The form must shall fully advise the applicant of
 1664  the nature of the coverage and must shall state that the
 1665  coverage is equal to bodily injury liability limits unless lower
 1666  limits are requested or the coverage is rejected. The heading of
 1667  the form must shall be in 12-point bold type and must shall
 1668  state: “You are electing not to purchase certain valuable
 1669  coverage that which protects you and your family or you are
 1670  purchasing uninsured motorist limits less than your bodily
 1671  injury liability limits when you sign this form. Please read
 1672  carefully.” If this form is signed by a named insured, it will
 1673  be conclusively presumed that there was an informed, knowing
 1674  rejection of coverage or election of lower limits on behalf of
 1675  all insureds. The insurer shall notify the named insured at
 1676  least annually of her or his options as to the coverage required
 1677  by this section. Such notice must shall be part of, and attached
 1678  to, the notice of premium, must shall provide for a means to
 1679  allow the insured to request such coverage, and must shall be
 1680  given in a manner approved by the office. Receipt of this notice
 1681  does not constitute an affirmative waiver of the insured’s right
 1682  to uninsured motorist coverage if where the insured has not
 1683  signed a selection or rejection form. The coverage described
 1684  under this section must shall be over and above, but may shall
 1685  not duplicate, the benefits available to an insured under any
 1686  workers’ compensation law, personal injury protection benefits,
 1687  disability benefits law, or similar law; under any automobile
 1688  medical payments expense coverage; under any motor vehicle
 1689  liability insurance coverage; or from the owner or operator of
 1690  the uninsured motor vehicle or any other person or organization
 1691  jointly or severally liable together with such owner or operator
 1692  for the accident; and such coverage must shall cover the
 1693  difference, if any, between the sum of such benefits and the
 1694  damages sustained, up to the maximum amount of such coverage
 1695  provided under this section. The amount of coverage available
 1696  under this section may shall not be reduced by a setoff against
 1697  any coverage, including liability insurance. Such coverage does
 1698  shall not inure directly or indirectly to the benefit of any
 1699  workers’ compensation or disability benefits carrier or any
 1700  person or organization qualifying as a self-insurer under any
 1701  workers’ compensation or disability benefits law or similar law.
 1702         (7) The legal liability of an uninsured motorist coverage
 1703  insurer does not include damages in tort for pain, suffering,
 1704  mental anguish, and inconvenience unless the injury or disease
 1705  is described in one or more of paragraphs (a)-(d) of s.
 1706  627.737(2).
 1707         Section 40. Section 627.7275, Florida Statutes, is amended
 1708  to read:
 1709         627.7275 Motor vehicle liability; bad faith actions;
 1710  insurer liability; requirements and construction.—
 1711         (1) A motor vehicle insurance policy providing personal
 1712  injury protection as set forth in s. 627.736 may not be
 1713  delivered or issued for delivery in this state for a with
 1714  respect to any specifically insured or identified motor vehicle
 1715  registered or principally garaged in this state must provide
 1716  bodily injury liability coverage and unless the policy also
 1717  provides coverage for property damage liability coverage as
 1718  required under by s. 324.022.
 1719         (2)(a) Insurers writing motor vehicle insurance in this
 1720  state shall make available, subject to the insurers’ usual
 1721  underwriting restrictions:
 1722         1. Coverage under policies as described in subsection (1)
 1723  to an applicant for private passenger motor vehicle insurance
 1724  coverage who is seeking the coverage in order to reinstate the
 1725  applicant’s driving privileges in this state if the driving
 1726  privileges were revoked or suspended pursuant to s. 316.646 or
 1727  s. 324.0221 due to the failure of the applicant to maintain
 1728  required security.
 1729         2. Coverage under policies as described in subsection (1),
 1730  which includes bodily injury also provides liability coverage
 1731  and property damage liability coverage for bodily injury, death,
 1732  and property damage arising out of the ownership, maintenance,
 1733  or use of the motor vehicle in an amount not less than the
 1734  minimum limits required under described in s. 324.021(7) or s.
 1735  324.023 and which conforms to the requirements of s. 324.151, to
 1736  an applicant for private passenger motor vehicle insurance
 1737  coverage who is seeking the coverage in order to reinstate the
 1738  applicant’s driving privileges in this state after such
 1739  privileges were revoked or suspended under s. 316.193 or s.
 1740  322.26(2) for driving under the influence.
 1741         (b) The policies described in paragraph (a) must shall be
 1742  issued for at least 6 months and, as to the minimum coverages
 1743  required under this section, may not be canceled by the insured
 1744  for any reason or by the insurer after 60 days, during which
 1745  period the insurer is completing the underwriting of the policy.
 1746  After the insurer has completed underwriting the policy, the
 1747  insurer shall notify the Department of Highway Safety and Motor
 1748  Vehicles that the policy is in full force and effect and is not
 1749  cancelable for the remainder of the policy period. A premium
 1750  must shall be collected and the coverage is in effect for the
 1751  60-day period during which the insurer is completing the
 1752  underwriting of the policy, whether or not the person’s driver
 1753  license, motor vehicle tag, and motor vehicle registration are
 1754  in effect. Once the noncancelable provisions of the policy
 1755  become effective, the bodily injury liability and property
 1756  damage liability coverages for bodily injury, property damage,
 1757  and personal injury protection may not be reduced below the
 1758  minimum limits required under s. 324.021 or s. 324.023 during
 1759  the policy period.
 1760         (c) This subsection controls to the extent of any conflict
 1761  with any other section.
 1762         (d) An insurer issuing a policy subject to this section may
 1763  cancel the policy if, during the policy term, the named insured,
 1764  or any other operator who resides in the same household or
 1765  customarily operates an automobile insured under the policy, has
 1766  his or her driver license suspended or revoked.
 1767         (e) This subsection does not require an insurer to offer a
 1768  policy of insurance to an applicant if such offer would be
 1769  inconsistent with the insurer’s underwriting guidelines and
 1770  procedures.
 1771         (3)(a)As a condition precedent to a statutory or common
 1772  law action for a bad faith failure to settle a motor vehicle
 1773  liability claim, the insured, claimant, or the representative of
 1774  the insured or claimant must provide the insurer with a written
 1775  notice of loss. If the motor vehicle liability insurer complies
 1776  with a request for a disclosure statement described in s.
 1777  627.4137, and, within 45 days after receipt of the written
 1778  notice of loss, offers to pay the claimant the lesser of the
 1779  amount the claimant is willing to accept or the limits of the
 1780  motor vehicle liability coverage applicable to the claimant’s
 1781  claim in exchange for full release of the insureds from any
 1782  liability arising from the incident and the notice of loss, the
 1783  insurer does not violate the duty to attempt in good faith to
 1784  settle the claim and is not liable for a bad faith failure to
 1785  settle under this section or under the common law.
 1786         (b)In evaluating whether the insurer attempted in good
 1787  faith to settle the claim when, under the totality of the
 1788  circumstances, it could have and should have done so had it
 1789  acted fairly and honestly toward its insured and with due regard
 1790  for his or her interests, the trier of fact must also consider
 1791  whether the insured, claimant, or representative of the insured
 1792  or claimant made good faith efforts to cooperate with the
 1793  insurer in the investigation of the claim.
 1794         (c)If two or more third-party claimants in a motor vehicle
 1795  liability claim make competing claims arising out of a single
 1796  occurrence which in total exceed the available policy limits of
 1797  one or more of the insured parties who may be liable to the
 1798  third-party claimants, an insurer is not liable beyond the
 1799  available policy limits for failure to pay all or any portion of
 1800  the available policy limits to one or more of the third-party
 1801  claimants, if, within 90 days after receiving notice of the
 1802  competing claims in excess of the available policy limits, the
 1803  insurer files an interpleader action under the Florida Rules of
 1804  Civil Procedure. The claims of the competing third-party
 1805  claimants are entitled to a prorated share of the policy limits
 1806  as determined by the trier of fact. An insurer’s interpleader
 1807  action does not alter or amend the insurer’s obligation to
 1808  defend its insured.
 1809         Section 41. Paragraph (a) of subsection (1) of section
 1810  627.728, Florida Statutes, is amended to read:
 1811         627.728 Cancellations; nonrenewals.—
 1812         (1) As used in this section, the term:
 1813         (a) “Policy” means the bodily injury and property damage
 1814  liability, personal injury protection, medical payments,
 1815  comprehensive, collision, and uninsured motorist coverage
 1816  portions of a policy of motor vehicle insurance delivered or
 1817  issued for delivery in this state:
 1818         1. Insuring a natural person as named insured or one or
 1819  more related individuals who are residents resident of the same
 1820  household; and
 1821         2. Insuring only a motor vehicle of the private passenger
 1822  type or station wagon type which is not used as a public or
 1823  livery conveyance for passengers or rented to others; or
 1824  insuring any other four-wheel motor vehicle having a load
 1825  capacity of 1,500 pounds or less which is not used in the
 1826  occupation, profession, or business of the insured other than
 1827  farming; other than any policy issued under an automobile
 1828  insurance assigned risk plan or covering garage, automobile
 1829  sales agency, repair shop, service station, or public parking
 1830  place operation hazards.
 1831  
 1832  The term “policy” does not include a binder as defined in s.
 1833  627.420 unless the duration of the binder period exceeds 60
 1834  days.
 1835         Section 42. Subsection (1), paragraph (a) of subsection
 1836  (5), and subsections (6) and (7) of section 627.7295, Florida
 1837  Statutes, are amended to read:
 1838         627.7295 Motor vehicle insurance contracts.—
 1839         (1) As used in this section, the term:
 1840         (a) “Policy” means a motor vehicle insurance policy that
 1841  provides bodily injury liability personal injury protection
 1842  coverage, property damage liability coverage, or both.
 1843         (b) “Binder” means a binder that provides motor vehicle
 1844  bodily injury liability coverage, personal injury protection and
 1845  property damage liability coverage.
 1846         (5)(a) A licensed general lines agent may charge a per
 1847  policy fee up to not to exceed $10 to cover the administrative
 1848  costs of the agent associated with selling the motor vehicle
 1849  insurance policy if the policy covers only bodily injury
 1850  liability coverage personal injury protection coverage as
 1851  provided by s. 627.736 and property damage liability coverage as
 1852  provided by s. 627.7275 and if no other insurance is sold or
 1853  issued in conjunction with or collateral to the policy. The fee
 1854  is not considered part of the premium.
 1855         (6) If a motor vehicle owner’s driver license, license
 1856  plate, and registration have previously been suspended pursuant
 1857  to s. 316.646 or s. 627.733, an insurer may cancel a new policy
 1858  only as provided in s. 627.7275.
 1859         (7) A policy of private passenger motor vehicle insurance
 1860  or a binder for such a policy may be initially issued in this
 1861  state only if, before the effective date of such binder or
 1862  policy, the insurer or agent has collected from the insured an
 1863  amount equal to 2 months’ premium from the insured. An insurer,
 1864  agent, or premium finance company may not, directly or
 1865  indirectly, take any action that results resulting in the
 1866  insured paying having paid from the insured’s own funds an
 1867  amount less than the 2 months’ premium required by this
 1868  subsection. This subsection applies without regard to whether
 1869  the premium is financed by a premium finance company or is paid
 1870  pursuant to a periodic payment plan of an insurer or an
 1871  insurance agent.
 1872         (a) This subsection does not apply:
 1873         1. If an insured or member of the insured’s family is
 1874  renewing or replacing a policy or a binder for such policy
 1875  written by the same insurer or a member of the same insurer
 1876  group. This subsection does not apply
 1877         2. To an insurer that issues private passenger motor
 1878  vehicle coverage primarily to active duty or former military
 1879  personnel or their dependents. This subsection does not apply
 1880         3. If all policy payments are paid pursuant to a payroll
 1881  deduction plan, an automatic electronic funds transfer payment
 1882  plan from the policyholder, or a recurring credit card or debit
 1883  card agreement with the insurer.
 1884         (b) This subsection and subsection (4) do not apply if:
 1885         1. All policy payments to an insurer are paid pursuant to
 1886  an automatic electronic funds transfer payment plan from an
 1887  agent, a managing general agent, or a premium finance company
 1888  and if the policy includes, at a minimum, bodily injury
 1889  liability coverage and personal injury protection pursuant to
 1890  ss. 627.730-627.7405; motor vehicle property damage liability
 1891  coverage pursuant to s. 627.7275; or and bodily injury liability
 1892  in at least the amount of $10,000 because of bodily injury to,
 1893  or death of, one person in any one accident and in the amount of
 1894  $20,000 because of bodily injury to, or death of, two or more
 1895  persons in any one accident. This subsection and subsection (4)
 1896  do not apply if
 1897         2. An insured has had a policy in effect for at least 6
 1898  months, the insured’s agent is terminated by the insurer that
 1899  issued the policy, and the insured obtains coverage on the
 1900  policy’s renewal date with a new company through the terminated
 1901  agent.
 1902         Section 43. Subsections (1) and (2) of section 627.7415,
 1903  Florida Statutes, are amended to read:
 1904         627.7415 Commercial motor vehicles; additional liability
 1905  insurance coverage.—Commercial motor vehicles, as defined in s.
 1906  207.002 or s. 320.01, operated upon the roads and highways of
 1907  this state shall be insured with the following minimum levels of
 1908  combined bodily liability insurance and property damage
 1909  liability insurance under subsections (1) and (2) in addition to
 1910  any other insurance requirements.:
 1911         (1) Fifty thousand dollars per occurrence For a commercial
 1912  motor vehicle with a gross vehicle weight of 26,000 pounds or
 1913  more, but less than 35,000 pounds:
 1914         (a) Beginning January 1, 2019, through December 31, 2020,
 1915  no less than $50,000 per occurrence.
 1916         (b) Beginning January 1, 2021, through December 31, 2022,
 1917  no less than $60,000 per occurrence.
 1918         (c) Beginning January 1, 2023, and thereafter, no less than
 1919  $70,000 per occurrence.
 1920         (2) One hundred thousand dollars per occurrence For a
 1921  commercial motor vehicle with a gross vehicle weight of 35,000
 1922  pounds or more, but less than 44,000 pounds:
 1923         (a) Beginning January 1, 2019, through December 31, 2020,
 1924  no less than $100,000 per occurrence.
 1925         (b) Beginning January 1, 2021, through December 31, 2022,
 1926  no less than $120,000 per occurrence.
 1927         (c) Beginning January 1, 2023, and thereafter, no less than
 1928  $140,000 per occurrence.
 1929  
 1930  A violation of this section is a noncriminal traffic infraction,
 1931  punishable as a nonmoving violation as provided in chapter 318.
 1932         Section 44. Section 627.8405, Florida Statutes, is amended
 1933  to read:
 1934         627.8405 Prohibited acts; financing companies.—A No premium
 1935  finance company shall, in a premium finance agreement or other
 1936  agreement, may not finance the cost of or otherwise provide for
 1937  the collection or remittance of dues, assessments, fees, or
 1938  other periodic payments of money for the cost of:
 1939         (1) A membership in an automobile club. The term
 1940  “automobile club” means a legal entity that which, in
 1941  consideration of dues, assessments, or periodic payments of
 1942  money, promises its members or subscribers to assist them in
 1943  matters relating to the ownership, operation, use, or
 1944  maintenance of a motor vehicle; however, the term this
 1945  definition of “automobile club” does not include persons,
 1946  associations, or corporations which are organized and operated
 1947  solely for the purpose of conducting, sponsoring, or sanctioning
 1948  motor vehicle races, exhibitions, or contests upon racetracks,
 1949  or upon racecourses established and marked as such for the
 1950  duration of such particular events. The term words “motor
 1951  vehicle” used herein has have the same meaning as defined in
 1952  chapter 320.
 1953         (2) An accidental death and dismemberment policy sold in
 1954  combination with a policy providing only bodily injury liability
 1955  coverage personal injury protection and property damage
 1956  liability coverage only policy.
 1957         (3) Any product not regulated under the provisions of this
 1958  insurance code.
 1959  
 1960  This section also applies to premium financing by any insurance
 1961  agent or insurance company under part XVI. The commission shall
 1962  adopt rules to assure disclosure, at the time of sale, of
 1963  coverages financed with personal injury protection and shall
 1964  prescribe the form of such disclosure.
 1965         Section 45. Subsection (1) of section 627.915, Florida
 1966  Statutes, is amended to read:
 1967         627.915 Insurer experience reporting.—
 1968         (1) Each insurer transacting private passenger automobile
 1969  insurance in this state shall report certain information
 1970  annually to the office. The information will be due on or before
 1971  July 1 of each year. The information must shall be divided into
 1972  the following categories: bodily injury liability; property
 1973  damage liability; uninsured motorist; personal injury protection
 1974  benefits; medical payments; and comprehensive and collision. The
 1975  information given must shall be on direct insurance writings in
 1976  the state alone and shall represent total limits data. The
 1977  information set forth in paragraphs (a)-(f) is applicable to
 1978  voluntary private passenger and Joint Underwriting Association
 1979  private passenger writings and must shall be reported for each
 1980  of the latest 3 calendar-accident years, with an evaluation date
 1981  of March 31 of the current year. The information set forth in
 1982  paragraphs (g)-(j) is applicable to voluntary private passenger
 1983  writings and must shall be reported on a calendar-accident year
 1984  basis ultimately seven times at seven different stages of
 1985  development.
 1986         (a) Premiums earned for the latest 3 calendar-accident
 1987  years.
 1988         (b) Loss development factors and the historic development
 1989  of those factors.
 1990         (c) Policyholder dividends incurred.
 1991         (d) Expenses for other acquisition and general expense.
 1992         (e) Expenses for agents’ commissions and taxes, licenses,
 1993  and fees.
 1994         (f) Profit and contingency factors as utilized in the
 1995  insurer’s automobile rate filings for the applicable years.
 1996         (g) Losses paid.
 1997         (h) Losses unpaid.
 1998         (i) Loss adjustment expenses paid.
 1999         (j) Loss adjustment expenses unpaid.
 2000         Section 46. Subsections (2) and (3) of section 628.909,
 2001  Florida Statutes, are amended to read:
 2002         628.909 Applicability of other laws.—
 2003         (2) The following provisions of the Florida Insurance Code
 2004  apply to captive insurance companies who are not industrial
 2005  insured captive insurance companies to the extent that such
 2006  provisions are not inconsistent with this part:
 2007         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 2008  624.40851, 624.4095, 624.411, 624.425, and 624.426.
 2009         (b) Chapter 625, part II.
 2010         (c) Chapter 626, part IX.
 2011         (d) Sections 627.730-627.7405, when no-fault coverage is
 2012  provided.
 2013         (e) Chapter 628.
 2014         (3) The following provisions of the Florida Insurance Code
 2015  shall apply to industrial insured captive insurance companies to
 2016  the extent that such provisions are not inconsistent with this
 2017  part:
 2018         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 2019  624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1).
 2020         (b) Chapter 625, part II, if the industrial insured captive
 2021  insurance company is incorporated in this state.
 2022         (c) Chapter 626, part IX.
 2023         (d) Sections 627.730-627.7405 when no-fault coverage is
 2024  provided.
 2025         (e) Chapter 628, except for ss. 628.341, 628.351, and
 2026  628.6018.
 2027         Section 47. Subsections (2), (6), and (7) of section
 2028  705.184, Florida Statutes, are amended to read:
 2029         705.184 Derelict or abandoned motor vehicles on the
 2030  premises of public-use airports.—
 2031         (2) The airport director or the director’s designee shall
 2032  contact the Department of Highway Safety and Motor Vehicles to
 2033  notify that department that the airport has possession of the
 2034  abandoned or derelict motor vehicle and to determine the name
 2035  and address of the owner of the motor vehicle, the insurance
 2036  company insuring the motor vehicle, notwithstanding the
 2037  provisions of s. 627.736, and any person who has filed a lien on
 2038  the motor vehicle. Within 7 business days after receipt of the
 2039  information, the director or the director’s designee shall send
 2040  notice by certified mail, return receipt requested, to the owner
 2041  of the motor vehicle, the insurance company insuring the motor
 2042  vehicle, notwithstanding the provisions of s. 627.736, and all
 2043  persons of record claiming a lien against the motor vehicle. The
 2044  notice must shall state the fact of possession of the motor
 2045  vehicle, that charges for reasonable towing, storage, and
 2046  parking fees, if any, have accrued and the amount thereof, that
 2047  a lien as provided in subsection (6) will be claimed, that the
 2048  lien is subject to enforcement pursuant to law, that the owner
 2049  or lienholder, if any, has the right to a hearing as set forth
 2050  in subsection (4), and that any motor vehicle which, at the end
 2051  of 30 calendar days after receipt of the notice, has not been
 2052  removed from the airport upon payment in full of all accrued
 2053  charges for reasonable towing, storage, and parking fees, if
 2054  any, may be disposed of as provided in s. 705.182(2)(a), (b),
 2055  (d), or (e), including, but not limited to, the motor vehicle
 2056  being sold free of all prior liens after 35 calendar days after
 2057  the time the motor vehicle is stored if any prior liens on the
 2058  motor vehicle are more than 5 years of age or after 50 calendar
 2059  days after the time the motor vehicle is stored if any prior
 2060  liens on the motor vehicle are 5 years of age or less.
 2061         (6) The airport pursuant to this section or, if used, a
 2062  licensed independent wrecker company pursuant to s. 713.78 shall
 2063  have a lien on an abandoned or derelict motor vehicle for all
 2064  reasonable towing, storage, and accrued parking fees, if any,
 2065  except that no storage fee may shall be charged if the motor
 2066  vehicle is stored less than 6 hours. As a prerequisite to
 2067  perfecting a lien under this section, the airport director or
 2068  the director’s designee must serve a notice in accordance with
 2069  subsection (2) on the owner of the motor vehicle, the insurance
 2070  company insuring the motor vehicle, notwithstanding the
 2071  provisions of s. 627.736, and all persons of record claiming a
 2072  lien against the motor vehicle. If attempts to notify the owner,
 2073  the insurance company insuring the motor vehicle,
 2074  notwithstanding the provisions of s. 627.736, or lienholders are
 2075  not successful, the requirement of notice by mail shall be
 2076  considered met. Serving of the notice does not dispense with
 2077  recording the claim of lien.
 2078         (7)(a) For the purpose of perfecting its lien under this
 2079  section, the airport shall record a claim of lien which states
 2080  shall state:
 2081         1. The name and address of the airport.
 2082         2. The name of the owner of the motor vehicle, the
 2083  insurance company insuring the motor vehicle, notwithstanding
 2084  the provisions of s. 627.736, and all persons of record claiming
 2085  a lien against the motor vehicle.
 2086         3. The costs incurred from reasonable towing, storage, and
 2087  parking fees, if any.
 2088         4. A description of the motor vehicle sufficient for
 2089  identification.
 2090         (b) The claim of lien must shall be signed and sworn to or
 2091  affirmed by the airport director or the director’s designee.
 2092         (c) The claim of lien is shall be sufficient if it is in
 2093  substantially the following form:
 2094  
 2095                            CLAIM OF LIEN                          
 2096  State of ........
 2097  County of ........
 2098  Before me, the undersigned notary public, personally appeared
 2099  ........, who was duly sworn and says that he/she is the
 2100  ........ of ............, whose address is........; and that the
 2101  following described motor vehicle:
 2102  ...(Description of motor vehicle)...
 2103  owned by ........, whose address is ........, has accrued
 2104  $........ in fees for a reasonable tow, for storage, and for
 2105  parking, if applicable; that the lienor served its notice to the
 2106  owner, the insurance company insuring the motor vehicle
 2107  notwithstanding the provisions of s. 627.736, Florida Statutes,
 2108  and all persons of record claiming a lien against the motor
 2109  vehicle on ...., ...(year)..., by.........
 2110  ...(Signature)...
 2111  Sworn to (or affirmed) and subscribed before me this .... day of
 2112  ...., ...(year)..., by ...(name of person making statement)....
 2113  ...(Signature of Notary Public)......(Print, Type, or Stamp
 2114  Commissioned name of Notary Public)...
 2115  Personally Known....OR Produced....as identification.
 2116  
 2117  However, the negligent inclusion or omission of any information
 2118  in this claim of lien which does not prejudice the owner does
 2119  not constitute a default that operates to defeat an otherwise
 2120  valid lien.
 2121         (d) The claim of lien must shall be served on the owner of
 2122  the motor vehicle, the insurance company insuring the motor
 2123  vehicle, notwithstanding the provisions of s. 627.736, and all
 2124  persons of record claiming a lien against the motor vehicle. If
 2125  attempts to notify the owner, the insurance company insuring the
 2126  motor vehicle notwithstanding the provisions of s. 627.736, or
 2127  lienholders are not successful, the requirement of notice by
 2128  mail shall be considered met. The claim of lien must shall be so
 2129  served before recordation.
 2130         (e) The claim of lien must shall be recorded with the clerk
 2131  of court in the county where the airport is located. The
 2132  recording of the claim of lien shall be constructive notice to
 2133  all persons of the contents and effect of such claim. The lien
 2134  attaches shall attach at the time of recordation and takes shall
 2135  take priority as of that time.
 2136         Section 48. Subsection (4) of section 713.78, Florida
 2137  Statutes, is amended to read:
 2138         713.78 Liens for recovering, towing, or storing vehicles
 2139  and vessels.—
 2140         (4)(a) Any person regularly engaged in the business of
 2141  recovering, towing, or storing vehicles or vessels who comes
 2142  into possession of a vehicle or vessel pursuant to subsection
 2143  (2), and who claims a lien for recovery, towing, or storage
 2144  services, shall give notice to the registered owner, the
 2145  insurance company insuring the vehicle notwithstanding the
 2146  provisions of s. 627.736, and to all persons claiming a lien
 2147  thereon, as disclosed by the records in the Department of
 2148  Highway Safety and Motor Vehicles or as disclosed by the records
 2149  of any corresponding agency in any other state in which the
 2150  vehicle is identified through a records check of the National
 2151  Motor Vehicle Title Information System or an equivalent
 2152  commercially available system as being titled or registered.
 2153         (b) If a Whenever any law enforcement agency authorizes the
 2154  removal of a vehicle or vessel or if a whenever any towing
 2155  service, garage, repair shop, or automotive service, storage, or
 2156  parking place notifies the law enforcement agency of possession
 2157  of a vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
 2158  enforcement agency of the jurisdiction where the vehicle or
 2159  vessel is stored shall contact the Department of Highway Safety
 2160  and Motor Vehicles, or the appropriate agency of the state of
 2161  registration, if known, within 24 hours through the medium of
 2162  electronic communications, giving the full description of the
 2163  vehicle or vessel. Upon receipt of the full description of the
 2164  vehicle or vessel, the department shall search its files to
 2165  determine the owner’s name, the insurance company insuring the
 2166  vehicle or vessel, and whether any person has filed a lien upon
 2167  the vehicle or vessel as provided in s. 319.27(2) and (3) and
 2168  notify the applicable law enforcement agency within 72 hours.
 2169  The person in charge of the towing service, garage, repair shop,
 2170  or automotive service, storage, or parking place shall obtain
 2171  such information from the applicable law enforcement agency
 2172  within 5 days after the date of storage and shall give notice
 2173  pursuant to paragraph (a). The department may release the
 2174  insurance company information to the requestor notwithstanding
 2175  the provisions of s. 627.736.
 2176         (c) Notice by certified mail must shall be sent within 7
 2177  business days after the date of storage of the vehicle or vessel
 2178  to the registered owner, the insurance company insuring the
 2179  vehicle notwithstanding the provisions of s. 627.736, and all
 2180  persons of record claiming a lien against the vehicle or vessel.
 2181  The notice must It shall state the fact of possession of the
 2182  vehicle or vessel, that a lien as provided in subsection (2) is
 2183  claimed, that charges have accrued and the amount thereof, that
 2184  the lien is subject to enforcement pursuant to law, and that the
 2185  owner or lienholder, if any, has the right to a hearing as set
 2186  forth in subsection (5), and that any vehicle or vessel which
 2187  remains unclaimed, or for which the charges for recovery,
 2188  towing, or storage services remain unpaid, may be sold free of
 2189  all prior liens after 35 days if the vehicle or vessel is more
 2190  than 3 years of age or after 50 days if the vehicle or vessel is
 2191  3 years of age or less.
 2192         (d) If attempts to locate the name and address of the owner
 2193  or lienholder prove unsuccessful, the towing-storage operator
 2194  must shall, after 7 working days, excluding Saturday and Sunday,
 2195  of the initial tow or storage, notify the public agency of
 2196  jurisdiction where the vehicle or vessel is stored in writing by
 2197  certified mail or acknowledged hand delivery that the towing
 2198  storage company has been unable to locate the name and address
 2199  of the owner or lienholder and a physical search of the vehicle
 2200  or vessel has disclosed no ownership information and a good
 2201  faith effort has been made, including records checks of the
 2202  Department of Highway Safety and Motor Vehicles database and the
 2203  National Motor Vehicle Title Information System or an equivalent
 2204  commercially available system. As used in For purposes of this
 2205  paragraph and subsection (9), the term “good faith effort” means
 2206  that the following checks have been performed by the company to
 2207  establish prior state of registration and for title:
 2208         1. Check of the Department of Highway Safety and Motor
 2209  Vehicles database for the owner and any lienholder.
 2210         2. Check of the electronic National Motor Vehicle Title
 2211  Information System or an equivalent commercially available
 2212  system to determine the state of registration when there is not
 2213  a current registration record for the vehicle on file with the
 2214  Department of Highway Safety and Motor Vehicles.
 2215         3. Check of vehicle or vessel for any type of tag, tag
 2216  record, temporary tag, or regular tag.
 2217         4. Check of law enforcement report for tag number or other
 2218  information identifying the vehicle or vessel, if the vehicle or
 2219  vessel was towed at the request of a law enforcement officer.
 2220         5. Check of trip sheet or tow ticket of tow truck operator
 2221  to see if a tag was on vehicle or vessel at beginning of tow, if
 2222  private tow.
 2223         6. If there is no address of the owner on the impound
 2224  report, check of law enforcement report to see if an out-of
 2225  state address is indicated from driver license information.
 2226         7. Check of vehicle or vessel for inspection sticker or
 2227  other stickers and decals that may indicate a state of possible
 2228  registration.
 2229         8. Check of the interior of the vehicle or vessel for any
 2230  papers that may be in the glove box, trunk, or other areas for a
 2231  state of registration.
 2232         9. Check of vehicle for vehicle identification number.
 2233         10. Check of vessel for vessel registration number.
 2234         11. Check of vessel hull for a hull identification number
 2235  which should be carved, burned, stamped, embossed, or otherwise
 2236  permanently affixed to the outboard side of the transom or, if
 2237  there is no transom, to the outmost seaboard side at the end of
 2238  the hull that bears the rudder or other steering mechanism.
 2239         Section 49. Paragraph (a) of subsection (1), paragraph (c)
 2240  of subsection (7), paragraphs (a), (b), and (c) of subsection
 2241  (8), and subsections (9) and (10) of section 817.234, Florida
 2242  Statutes, are amended to read:
 2243         817.234 False and fraudulent insurance claims.—
 2244         (1)(a) A person commits insurance fraud punishable as
 2245  provided in subsection (11) if that person, with the intent to
 2246  injure, defraud, or deceive any insurer:
 2247         1. Presents or causes to be presented any written or oral
 2248  statement as part of, or in support of, a claim for payment or
 2249  other benefit pursuant to an insurance policy or a health
 2250  maintenance organization subscriber or provider contract,
 2251  knowing that such statement contains any false, incomplete, or
 2252  misleading information concerning any fact or thing material to
 2253  such claim;
 2254         2. Prepares or makes any written or oral statement that is
 2255  intended to be presented to an any insurer in connection with,
 2256  or in support of, any claim for payment or other benefit
 2257  pursuant to an insurance policy or a health maintenance
 2258  organization subscriber or provider contract, knowing that such
 2259  statement contains any false, incomplete, or misleading
 2260  information concerning any fact or thing material to such claim;
 2261         3.a. Knowingly presents, causes to be presented, or
 2262  prepares or makes with knowledge or belief that it will be
 2263  presented to an any insurer, purported insurer, servicing
 2264  corporation, insurance broker, or insurance agent, or any
 2265  employee or agent thereof, any false, incomplete, or misleading
 2266  information or a written or oral statement as part of, or in
 2267  support of, an application for the issuance of, or the rating
 2268  of, any insurance policy, or a health maintenance organization
 2269  subscriber or provider contract; or
 2270         b. Knowingly conceals information concerning any fact
 2271  material to such application; or
 2272         4. Knowingly presents, causes to be presented, or prepares
 2273  or makes with knowledge or belief that it will be presented to
 2274  any insurer a claim for payment or other benefit under a motor
 2275  vehicle a personal injury protection insurance policy if the
 2276  person knows that the payee knowingly submitted a false,
 2277  misleading, or fraudulent application or other document when
 2278  applying for licensure as a health care clinic, seeking an
 2279  exemption from licensure as a health care clinic, or
 2280  demonstrating compliance with part X of chapter 400.
 2281         (7)
 2282         (c) An insurer, or any person acting at the direction of or
 2283  on behalf of an insurer, may not change an opinion in a mental
 2284  or physical report prepared under s. 627.736(7) or direct the
 2285  physician preparing the report to change such opinion; however,
 2286  this provision does not preclude the insurer from calling to the
 2287  attention of the physician errors of fact in the report based
 2288  upon information in the claim file. Any person who violates this
 2289  paragraph commits a felony of the third degree, punishable as
 2290  provided in s. 775.082, s. 775.083, or s. 775.084.
 2291         (8)(a) It is unlawful for any person intending to defraud
 2292  any other person to solicit or cause to be solicited any
 2293  business from a person involved in a motor vehicle accident for
 2294  the purpose of making, adjusting, or settling motor vehicle tort
 2295  claims or claims for benefits under a motor vehicle insurance
 2296  policy personal injury protection benefits required by s.
 2297  627.736. Any person who violates the provisions of this
 2298  paragraph commits a felony of the second degree, punishable as
 2299  provided in s. 775.082, s. 775.083, or s. 775.084. A person who
 2300  is convicted of a violation of this subsection shall be
 2301  sentenced to a minimum term of imprisonment of 2 years.
 2302         (b) A person may not solicit or cause to be solicited any
 2303  business from a person involved in a motor vehicle accident by
 2304  any means of communication other than advertising directed to
 2305  the public for the purpose of making motor vehicle tort claims
 2306  or claims for benefits under a motor vehicle insurance policy
 2307  personal injury protection benefits required by s. 627.736,
 2308  within 60 days after the occurrence of the motor vehicle
 2309  accident. Any person who violates this paragraph commits a
 2310  felony of the third degree, punishable as provided in s.
 2311  775.082, s. 775.083, or s. 775.084.
 2312         (c) A lawyer, health care practitioner as defined in s.
 2313  456.001, or owner or medical director of a clinic required to be
 2314  licensed pursuant to s. 400.9905 may not, at any time after 60
 2315  days have elapsed from the occurrence of a motor vehicle
 2316  accident, solicit or cause to be solicited any business from a
 2317  person involved in a motor vehicle accident by means of in
 2318  person or telephone contact at the person’s residence, for the
 2319  purpose of making motor vehicle tort claims or claims for
 2320  benefits under a motor vehicle insurance policy personal injury
 2321  protection benefits required by s. 627.736. Any person who
 2322  violates this paragraph commits a felony of the third degree,
 2323  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2324         (9) A person may not organize, plan, or knowingly
 2325  participate in an intentional motor vehicle crash or a scheme to
 2326  create documentation of a motor vehicle crash that did not occur
 2327  for the purpose of making motor vehicle tort claims or claims
 2328  for benefits under a motor vehicle insurance policy personal
 2329  injury protection benefits as required by s. 627.736. Any person
 2330  who violates this subsection commits a felony of the second
 2331  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2332  775.084. A person who is convicted of a violation of this
 2333  subsection shall be sentenced to a minimum term of imprisonment
 2334  of 2 years.
 2335         (10) A licensed health care practitioner who is found
 2336  guilty of insurance fraud under this section for an act relating
 2337  to a motor vehicle personal injury protection insurance policy
 2338  loses his or her license to practice for 5 years and may not
 2339  receive reimbursement under a motor vehicle insurance policy for
 2340  personal injury protection benefits for 10 years.
 2341         Section 50. Applicability and construction; notice to
 2342  policyholders.—
 2343         (1) As used in this section, the term “minimum security
 2344  requirements” means security that enables a person to respond in
 2345  damages for liability on account of crashes arising out of the
 2346  ownership, maintenance, or use of a motor vehicle in the amounts
 2347  required by s. 324.021(7), Florida Statutes.
 2348         (2) Effective January 1, 2019:
 2349         (a) Motor vehicle insurance policies issued or renewed on
 2350  or after that date may not include personal injury protection.
 2351         (b) All persons subject to s. 324.022, s. 324.032, s.
 2352  627.7415, or s. 627.742, Florida Statutes, must maintain at
 2353  least minimum security requirements.
 2354         (c) Any new or renewal motor vehicle insurance policy
 2355  delivered or issued for delivery in this state must provide
 2356  coverage that complies with minimum security requirements.
 2357         (d) An existing motor vehicle insurance policy issued
 2358  before that date which provides personal injury protection and
 2359  property damage liability coverage that meets the requirements
 2360  of s. 324.022, Florida Statutes, on December 31, 2018, but which
 2361  does not meet minimum security requirements on or after January
 2362  1, 2019, is deemed to meet the security requirements of s.
 2363  324.022, Florida Statutes, until such policy is renewed,
 2364  nonrenewed, or canceled on or after January 1, 2019.
 2365         (3) Each insurer shall allow each insured who has a new or
 2366  renewal policy providing personal injury protection, which
 2367  becomes effective before January 1, 2019, and whose policy does
 2368  not meet minimum security requirements on or after January 1,
 2369  2019, to change coverages so as to eliminate personal injury
 2370  protection and obtain coverage providing minimum security
 2371  requirements, which shall be effective on or after January 1,
 2372  2019. The insurer is not required to provide coverage complying
 2373  with minimum security requirements in such policies if the
 2374  insured does not pay the required premium, if any, by January 1,
 2375  2019, or such later date as the insurer may allow. Any reduction
 2376  in the premium must be refunded by the insurer. The insurer may
 2377  not impose on the insured an additional fee or charge that
 2378  applies solely to a change in coverage; however, the insurer may
 2379  charge an additional required premium that is actuarially
 2380  indicated.
 2381         (4) By September 1, 2018, each motor vehicle insurer shall
 2382  provide notice of this section to each motor vehicle
 2383  policyholder who is subject to this section. The notice is
 2384  subject to approval by the Office of Insurance Regulation and
 2385  must clearly inform the policyholder that:
 2386         (a) The Florida Motor Vehicle No-Fault Law is repealed,
 2387  effective January 1, 2019, and that on or after that date, the
 2388  insured is no longer required to maintain personal injury
 2389  protection insurance coverage, that personal injury protection
 2390  coverage is no longer available for purchase in this state, and
 2391  that all new or renewal policies issued on or after that date do
 2392  not contain such coverage.
 2393         (b) Effective January 1, 2019, a person subject to the
 2394  financial responsibility requirements of s. 324.022, Florida
 2395  Statutes, must maintain minimum security requirements that
 2396  enable the person to respond in damages for liability on account
 2397  of accidents arising out of the use of a motor vehicle in the
 2398  following amounts:
 2399         1.Beginning January 1, 2019, and continuing through
 2400  December 31, 2020:
 2401         a. Twenty thousand dollars for bodily injury to, or the
 2402  death of, one person in any one crash and, subject to such
 2403  limits for one person, in the amount of $40,000 for bodily
 2404  injury to, or the death of, two or more persons in any one
 2405  crash; and
 2406         b.Ten thousand dollars for damage to, or destruction of,
 2407  the property of others in any one crash.
 2408         2. Beginning January 1, 2021, and continuing through
 2409  December 31, 2022:
 2410         a. Twenty-five thousand dollars for bodily injury to, or
 2411  the death of, one person in any one crash and, subject to such
 2412  limits for one person, in the amount of $50,000 for bodily
 2413  injury to, or the death of, two or more persons in any one
 2414  crash; and
 2415         b.Ten thousand dollars for damage to, or destruction of,
 2416  the property of others in any one crash.
 2417         3. Beginning January 1, 2023, and continuing thereafter:
 2418         a.Thirty thousand dollars for bodily injury to, or the
 2419  death of, one person in any one crash and, subject to such
 2420  limits for one person, in the amount of $60,000 for bodily
 2421  injury to, or the death of, two or more persons in any one
 2422  crash; and
 2423         b.Ten thousand dollars for damage to, or destruction of,
 2424  the property of others in any one crash.
 2425         (c) Personal injury protection insurance paid covered
 2426  medical expenses for injuries sustained in a motor vehicle crash
 2427  by the policyholder, passengers, and relatives residing in the
 2428  policyholder’s household.
 2429         (d) Bodily injury liability coverage protects the insured,
 2430  up to the coverage limits, against loss if the insured is
 2431  legally responsible for the death of or bodily injury to others
 2432  in a motor vehicle accident.
 2433         (e) The policyholder may obtain underinsured motorist
 2434  coverage, which provides benefits, up to the limits of such
 2435  coverage, to a policyholder or other insured entitled to recover
 2436  damages for bodily injury, sickness, disease, or death resulting
 2437  from a motor vehicle accident with an uninsured or underinsured
 2438  owner or operator of a motor vehicle.
 2439         (f) If the policyholder’s new or renewal motor vehicle
 2440  insurance policy is effective before January 1, 2019, and
 2441  contains personal injury protection and property damage
 2442  liability coverage as required by state law before January 1,
 2443  2019, but does not meet minimum security requirements on or
 2444  after January 1, 2019, the policy is deemed to meet minimum
 2445  security requirements until it is renewed, nonrenewed, or
 2446  canceled on or after January 1, 2019.
 2447         (g) A policyholder whose new or renewal policy becomes
 2448  effective before January 1, 2019, but does not meet minimum
 2449  security requirements on or after January 1, 2019, may change
 2450  coverages under the policy so as to eliminate personal injury
 2451  protection and to obtain coverage providing minimum security
 2452  requirements, including bodily injury liability coverage, which
 2453  are effective on or after January 1, 2019.
 2454         (h) If the policyholder has any questions, he or she should
 2455  contact the person named at the telephone number provided in the
 2456  notice.
 2457         (5) This section takes effect upon this act becoming a law.
 2458         Section 51. Application of suspensions for failure to
 2459  maintain security; reinstatement.—All suspensions for failure to
 2460  maintain required security as required by law in effect before
 2461  January 1, 2019, remain in full force and effect after January
 2462  1, 2019. A driver may reinstate a suspended driver license or
 2463  registration as provided under s. 324.0221, Florida Statutes.
 2464         Section 52. Except as otherwise expressly provided in this
 2465  act and except for this section, which shall take effect upon
 2466  this act becoming a law, this act shall take effect January 1,
 2467  2019.
 2468  
 2469  ================= T I T L E  A M E N D M E N T ================
 2470  And the title is amended as follows:
 2471         Delete everything before the enacting clause
 2472  and insert:
 2473                        A bill to be entitled                      
 2474         An act relating to motor vehicle insurance; repealing
 2475         ss. 627.730, 627.731, 627.7311, 627.732, 627.733,
 2476         627.734, 627.736, 627.737, 627.739, 627.7401,
 2477         627.7403, and 627.7405, F.S., which comprise the
 2478         Florida Motor Vehicle No-Fault Law; repealing s.
 2479         627.7407, F.S., relating to application of the Florida
 2480         Motor Vehicle No-Fault Law; amending s. 316.646, F.S.;
 2481         revising a requirement for proof of security on a
 2482         motor vehicle and the applicability of the
 2483         requirement; amending s. 318.18, F.S.; conforming a
 2484         provision to changes made by the act; amending s.
 2485         320.02, F.S.; revising the motor vehicle insurance
 2486         coverages that an applicant must show to register
 2487         certain vehicles with the Department of Highway Safety
 2488         and Motor Vehicles; deleting a requirement that
 2489         specified information be included on a certain
 2490         insurance proof-of-purchase card; revising
 2491         construction; conforming provisions to changes made by
 2492         the act; amending s. 320.0609, F.S.; conforming a
 2493         provision to changes made by the act; amending s.
 2494         320.27, F.S.; defining the term “garage liability
 2495         insurance”; revising garage liability insurance
 2496         requirements for motor vehicle dealer applicants;
 2497         conforming a provision to changes made by the act;
 2498         amending s. 320.771, F.S.; revising garage liability
 2499         insurance requirements for recreational vehicle dealer
 2500         license applicants; amending ss. 322.251 and 322.34,
 2501         F.S.; conforming provisions to changes made by the
 2502         act; amending s. 324.011, F.S.; revising legislative
 2503         intent; amending s. 324.021, F.S.; revising
 2504         definitions of the terms “motor vehicle” and “proof of
 2505         financial responsibility”; revising, at specified
 2506         timeframes, minimum coverage requirements for proof of
 2507         financial responsibility for specified motor vehicles;
 2508         defining the term “for-hire passenger transportation
 2509         vehicle”; conforming provisions to changes made by the
 2510         act; amending s. 324.022, F.S.; revising, at specified
 2511         timeframes, minimum liability coverage requirements
 2512         for motor vehicle owners or operators; revising
 2513         authorized methods for meeting such requirements;
 2514         revising the vehicles that are excluded from the
 2515         definition of the term “motor vehicle” and providing
 2516         security requirements for certain excluded vehicles;
 2517         conforming provisions to changes made by the act;
 2518         conforming cross-references; amending s. 324.0221,
 2519         F.S.; revising applicability of certain insurer
 2520         reporting and notice requirements as to policies
 2521         providing certain liability coverages; conforming
 2522         provisions to changes made by the act; amending s.
 2523         324.023, F.S.; conforming cross-references; amending
 2524         s. 324.031, F.S.; revising applicability of a
 2525         provision authorizing certain methods of proving
 2526         financial responsibility; revising, at specified
 2527         timeframes, the amount of a certificate of deposit
 2528         required for a specified method of proof of financial
 2529         responsibility; revising excess liability coverage
 2530         requirements for a person electing to use such method;
 2531         amending s. 324.032, F.S.; revising financial
 2532         responsibility requirements for owners or lessees of
 2533         for-hire passenger transportation vehicles and the
 2534         applicability of such requirements; revising a
 2535         requirement for a motor vehicle liability policy
 2536         obtained to comply with such requirements; amending
 2537         ss. 324.051, 324.071, 324.091, and 324.151, F.S.;
 2538         making technical changes; amending s. 324.161, F.S.;
 2539         revising requirements for a certificate of deposit
 2540         that is required if a person elects a certain method
 2541         of providing financial responsibility; amending s.
 2542         324.171, F.S.; revising, at specified timeframes, the
 2543         minimum net worth requirements to qualify certain
 2544         persons as self-insurers; conforming provisions to
 2545         changes made by the act; amending s. 324.251, F.S.;
 2546         revising the short title and an effective date;
 2547         amending s. 400.9905, F.S.; revising the definition of
 2548         the term “clinic” relating to reimbursements for
 2549         health care services under motor vehicle insurance
 2550         coverage; amending s. 400.991, F.S.; conforming a
 2551         provision to changes made by the act; amending s.
 2552         400.9935, F.S.; revising a condition relating to
 2553         certain clinic billings to apply to motor vehicle
 2554         insurance carriers rather than to personal injury
 2555         protection insurance carriers; amending s. 409.901,
 2556         F.S.; revising the definition of the term “third-party
 2557         benefit”; amending s. 409.910, F.S.; revising the
 2558         definition of the term “medical coverage”; making
 2559         technical changes; amending s. 456.057, F.S.;
 2560         conforming a provision to changes made by the act;
 2561         amending s. 456.072, F.S.; revising specified grounds
 2562         for discipline for certain health professions relating
 2563         to motor vehicle insurance claims rather than personal
 2564         injury protection claims; defining the term “upcoded”;
 2565         amending s. 626.9541, F.S.; conforming a provision to
 2566         changes made by the act; revising the type of
 2567         insurance coverage applicable to a certain prohibited
 2568         act; conforming a cross-reference; amending s.
 2569         626.989, F.S.; revising the definition of the term
 2570         “fraudulent insurance act” to include certain acts
 2571         under a motor vehicle insurance policy rather than
 2572         under the Florida Motor Vehicle No-Fault Law; amending
 2573         s. 627.06501, F.S.; revising coverages that may
 2574         provide for a reduction in motor vehicle insurance
 2575         policy premium charges under certain circumstances;
 2576         amending s. 627.0652, F.S.; revising coverages that
 2577         must provide a premium charge reduction under certain
 2578         circumstances; amending s. 627.0653, F.S.; revising
 2579         coverages subject to premium discounts for specified
 2580         motor vehicle equipment; amending s. 627.4132, F.S.;
 2581         revising the coverages of a motor vehicle policy which
 2582         are subject to a stacking prohibition; amending s.
 2583         627.7263, F.S.; revising provisions relating to the
 2584         designation of primary insurance for rental and
 2585         leasing driver’s insurance; conforming provisions to
 2586         changes made by the act; amending s. 627.727, F.S.;
 2587         conforming provisions to changes made by the act;
 2588         amending s. 627.7275, F.S.; revising applicability and
 2589         required coverages for a motor vehicle insurance
 2590         policy; requiring insureds or claimants, or their
 2591         representatives, to provide insurers with a written
 2592         notice of loss before bringing certain bad faith
 2593         actions; providing that if an insurer complies with
 2594         certain conditions, it does not violate a certain good
 2595         faith duty and is not liable for a certain bad faith
 2596         failure; requiring the trier of fact, in making
 2597         certain evaluations, to consider whether the insurer
 2598         or claimant made certain good faith efforts to
 2599         cooperate with the insurer’s investigation; providing
 2600         a limitation on an insurer’s liability relating to
 2601         multiple third-party claimants under certain
 2602         circumstances, if the insurer files an interpleader
 2603         action within a specified timeframe; providing
 2604         construction relating to the interpleader action;
 2605         conforming provisions to changes made by the act;
 2606         amending s. 627.728, F.S.; conforming a provision to
 2607         changes made by the act; amending s. 627.7295, F.S.;
 2608         revising the definitions of the terms “policy” and
 2609         “binder”; revising the coverages of a motor vehicle
 2610         insurance policy for which a licensed general lines
 2611         agent may charge a specified fee; revising
 2612         applicability; conforming a cross-reference; amending
 2613         s. 627.7415, F.S.; revising, at specified intervals,
 2614         the minimum levels of certain liability insurance
 2615         required for commercial motor vehicles; amending s.
 2616         627.8405, F.S.; revising coverages in a policy sold in
 2617         combination with an accidental death and dismemberment
 2618         policy, which a premium finance company may not
 2619         finance; revising rulemaking authority of the
 2620         commission; amending ss. 627.915, 628.909, 705.184,
 2621         and 713.78, F.S.; conforming provisions to changes
 2622         made by the act; amending s. 817.234, F.S.; revising
 2623         specified prohibited false and fraudulent insurance
 2624         claims for benefits to those under a motor vehicle
 2625         insurance policy rather than a personal injury
 2626         protection insurance policy; conforming a provision to
 2627         changes made by the act; conforming a cross-reference;
 2628         providing applicability and construction relating to
 2629         changes made by the act; defining the term “minimum
 2630         security requirements”; providing requirements and
 2631         procedures relating to motor vehicle insurance
 2632         policies that include personal injury protection as of
 2633         a specified date; requiring an insurer to provide, by
 2634         a specified date, a specified notice to policyholders
 2635         relating to requirements under the act; providing for
 2636         construction relating to suspensions for failure to
 2637         maintain required security in effect before a
 2638         specified date; providing effective dates.