Florida Senate - 2018 SB 78
By Senator Campbell
38-00079-18 201878__
1 A bill to be entitled
2 An act relating to a motor vehicle insurance online
3 verification system; creating s. 324.252, F.S.;
4 requiring the Department of Highway Safety and Motor
5 Vehicles to establish an online verification system
6 for motor vehicle insurance; specifying requirements
7 for the system; requiring the department to conduct a
8 pilot program to test the system; authorizing the
9 department to contract with a private vendor for a
10 specified purpose; requiring the system to be
11 installed and operational by a specified date;
12 authorizing law enforcement officers to access
13 information from the system for specified purposes;
14 specifying requirements for insurers; requiring the
15 department to adopt rules; amending s. 320.02, F.S.;
16 providing requirements relating to the registration of
17 motor vehicles upon implementation of the system;
18 amending s. 324.0221, F.S.; requiring the department
19 to implement by rule a method of insurance
20 verification using the system under certain
21 circumstances; requiring the system to provide certain
22 procedures; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Section 324.252, Florida Statutes, is created to
27 read:
28 324.252 Motor vehicle insurance online verification
29 system.—
30 (1) The department shall establish an online verification
31 system for motor vehicle insurance, subject to the following:
32 (a) The verification system must be accessible through the
33 Internet by authorized personnel of the department, the courts,
34 law enforcement personnel, any other entities authorized by the
35 department, and insurers authorized by the Office of Insurance
36 Regulation to offer motor vehicle insurance.
37 (b) The verification system must provide for direct access
38 to insurers’ records by personnel authorized by the department.
39 (c) The department must conduct a pilot program to test the
40 verification system before statewide use. However, the
41 verification system must be installed and operational by July 1,
42 2020.
43 (d) The verification system must be available 24 hours a
44 day to verify the insurance status of any vehicle registered in
45 this state through the vehicle identification number, policy
46 number, registered owner’s name, or other identifying
47 characteristic or marker as prescribed by the department.
48 (e) The department may contract with a private vendor to
49 assist in establishing and maintaining the verification system.
50 (f) The verification system must include appropriate
51 provisions, consistent with industry standards, to secure its
52 data against unauthorized access and to maintain a record of all
53 information requests.
54 (g) Information contained in the verification system which
55 is otherwise exempt from public disclosure remains confidential
56 or exempt from s. 119.07(1) and remains exempt from public
57 disclosure.
58 (h) A law enforcement officer may, during a traffic stop or
59 accident investigation, access information from the verification
60 system to establish compliance with this chapter and to verify
61 the current validity of the policy described on any insurance
62 identification card produced by the operator of a motor vehicle
63 during the traffic stop or accident investigation.
64 (2) Insurers shall cooperate with the department in
65 establishing and maintaining the verification system and shall
66 provide access to motor vehicle insurance policy status
67 information.
68 (3) The department shall adopt rules to administer this
69 section.
70 Section 2. Paragraph (f) is added to subsection (5) of
71 section 320.02, Florida Statutes, to read:
72 320.02 Registration required; application for registration;
73 forms.—
74 (5)
75 (f) Upon implementation of the online verification system
76 in s. 324.252, the online verification replaces the procedures
77 in this subsection, and each registering agency shall use the
78 system unless the system is not online or the required
79 information is not available. In such a case, the registering
80 agency may accept verification as provided in this subsection to
81 certify the existence of the required insurance before
82 processing any application for motor vehicle registration.
83 Section 3. Subsection (4) is added to section 324.0221,
84 Florida Statutes, to read:
85 324.0221 Reports by insurers to the department; suspension
86 of driver license and vehicle registrations; reinstatement.—
87 (4) The department shall implement by rule a method of
88 insurance verification using the system in s. 324.252, which
89 must be a method of determining verification after the insurance
90 verification provided at the time of registration of the
91 vehicle, after reinstatement for a suspension for a violation of
92 this chapter, or if the department believes an owner or operator
93 of a motor vehicle is not in compliance with this chapter. The
94 system must provide procedures for direct inquiry and response
95 between the department and insurers.
96 Section 4. This act shall take effect July 1, 2018.