Florida Senate - 2019 SB 1052
By Senator Lee
20-00389C-19 20191052__
1 A bill to be entitled
2 An act relating to motor vehicle insurance; repealing
3 ss. 627.730, 627.731, 627.7311, 627.732, 627.733,
4 627.734, 627.736, 627.737, 627.739, 627.7401,
5 627.7403, and 627.7405, F.S., which comprise the
6 Florida Motor Vehicle No-Fault Law; repealing s.
7 627.7407, F.S., relating to application of the Florida
8 Motor Vehicle No-Fault Law; amending s. 316.646, F.S.;
9 revising a requirement for proof of security on a
10 motor vehicle and the applicability of the
11 requirement; amending s. 318.18, F.S.; conforming a
12 provision to changes made by the act; amending s.
13 320.02, F.S.; revising the motor vehicle insurance
14 coverages that an applicant must show to register
15 certain vehicles with the Department of Highway Safety
16 and Motor Vehicles; conforming a provision to changes
17 made by the act; revising construction; amending s.
18 320.0609, F.S.; conforming a provision to changes made
19 by the act; amending s. 320.27, F.S.; defining the
20 term “garage liability insurance”; revising garage
21 liability insurance requirements for motor vehicle
22 dealer applicants; conforming a provision to changes
23 made by the act; amending s. 320.771, F.S.; revising
24 garage liability insurance requirements for
25 recreational vehicle dealer license applicants;
26 amending ss. 322.251 and 322.34, F.S.; conforming
27 provisions to changes made by the act; amending s.
28 324.011, F.S.; revising legislative intent; amending
29 s. 324.021, F.S.; revising definitions of the terms
30 “motor vehicle” and “proof of financial
31 responsibility”; revising minimum coverage
32 requirements for proof of financial responsibility for
33 specified motor vehicles; defining the term “for-hire
34 passenger transportation vehicle”; conforming
35 provisions to changes made by the act; amending s.
36 324.022, F.S.; revising minimum liability coverage
37 requirements for motor vehicle owners or operators;
38 revising authorized methods for meeting such
39 requirements; deleting a provision relating to an
40 insurer’s duty to defend certain claims; revising the
41 vehicles that are excluded from the definition of the
42 term “motor vehicle”; providing security requirements
43 for certain excluded vehicles; conforming provisions
44 to changes made by the act; conforming cross
45 references; amending s. 324.0221, F.S.; revising
46 coverages that subject a policy to certain insurer
47 reporting and notice requirements; conforming
48 provisions to changes made by the act; amending s.
49 324.023, F.S.; conforming cross-references; amending
50 s. 324.031, F.S.; revising the amount of a certificate
51 of deposit required to elect a certain method of proof
52 of financial responsibility; revising excess liability
53 coverage requirements for a person electing to use
54 such method; amending s. 324.032, F.S.; revising
55 financial responsibility requirements for owners or
56 lessees of for-hire passenger transportation vehicles;
57 amending ss. 324.051, 324.071, 324.091, and 324.151,
58 F.S.; making technical changes; amending s. 324.161,
59 F.S.; revising requirements for a certificate of
60 deposit that is required if a person elects a certain
61 method of proving financial responsibility; amending
62 s. 324.171, F.S.; revising the minimum net worth
63 requirements to qualify certain persons as self
64 insurers; conforming provisions to changes made by the
65 act; amending s. 324.251, F.S.; revising the short
66 title and an effective date; amending s. 400.9905,
67 F.S.; revising the definition of the term “clinic”;
68 amending ss. 400.991 and 400.9935, F.S.; conforming
69 provisions to changes made by the act; amending s.
70 409.901, F.S.; revising the definition of the term
71 “third-party benefit”; amending s. 409.910, F.S.;
72 revising the definition of the term “medical
73 coverage”; amending s. 456.057, F.S.; conforming a
74 cross-reference; amending s. 456.072, F.S.; revising
75 specified grounds for discipline for certain health
76 professions; amending s. 626.9541, F.S.; conforming a
77 provision to changes made by the act; revising the
78 type of insurance coverage applicable to a certain
79 prohibited act; amending s. 626.989, F.S.; revising
80 the definition of the term “fraudulent insurance act”;
81 amending s. 627.06501, F.S.; revising coverages that
82 may provide for a reduction in motor vehicle insurance
83 policy premium charges under certain circumstances;
84 amending s. 627.0652, F.S.; revising coverages that
85 must provide a premium charge reduction under certain
86 circumstances; amending s. 627.0653, F.S.; revising
87 coverages subject to premium discounts for specified
88 motor vehicle equipment; amending s. 627.4132, F.S.;
89 revising the coverages of a motor vehicle policy which
90 are subject to a stacking prohibition; amending s.
91 627.7263, F.S.; revising coverages that are deemed
92 primary, except under certain circumstances, for the
93 lessor of a motor vehicle for lease or rent; revising
94 a notice that is required if the lessee’s coverage is
95 to be primary; creating s. 627.7265, F.S.; specifying
96 persons whom medical payments coverage must protect;
97 requiring medical payments coverage to provide
98 specified medical expense coverage and a specified
99 death benefit; specifying coverage options an insurer
100 must and may offer; providing that motor vehicle
101 liability insurance policies are deemed to have
102 medical payments coverage at a certain limit and with
103 no deductible, unless rejected or modified by the
104 policyholder by certain means; specifying requirements
105 for certain forms approved by the Office of Insurance
106 Regulation; requiring insurers to provide
107 policyholders with a certain annual notice; providing
108 construction relating to limits on certain other
109 coverages; requiring insurers, upon receiving a
110 certain notice of an accident, to hold a specified
111 reserve for certain purposes for a specified time;
112 providing that the reserve requirement does not
113 require insurers to establish a claim reserve for
114 accounting purposes; providing that an insurer
115 providing medical payments coverage benefits may not
116 have a lien on a certain recovery and may not have
117 certain causes of action; amending s. 627.727, F.S.;
118 conforming provisions to changes made by the act;
119 amending s. 627.7275, F.S.; revising required
120 coverages for a motor vehicle insurance policy;
121 conforming provisions to changes made by the act;
122 amending s. 627.728, F.S.; conforming a provision to
123 changes made by the act; amending s. 627.7295, F.S.;
124 revising the definitions of the terms “policy” and
125 “binder”; revising the coverages of a motor vehicle
126 insurance policy for which a licensed general lines
127 agent may charge a specified fee; conforming a
128 provision to changes made by the act; amending s.
129 627.7415, F.S.; revising additional liability
130 insurance requirements for commercial motor vehicles;
131 amending s. 627.748, F.S.; revising insurance
132 requirements for transportation network company
133 drivers; conforming provisions to changes made by the
134 act; amending s. 627.8405, F.S.; revising coverages in
135 a policy sold in combination with an accidental death
136 and dismemberment policy which a premium finance
137 company may not finance; revising rulemaking authority
138 of the Financial Services Commission; amending ss.
139 627.915, 628.909, 705.184, and 713.78, F.S.;
140 conforming provisions to changes made by the act;
141 amending s. 817.234, F.S.; revising coverages that are
142 the basis of specified prohibited false and fraudulent
143 insurance claims; conforming provisions to changes
144 made by the act; defining the term “minimum security
145 requirements”; providing requirements, applicability,
146 and construction relating to motor vehicle insurance
147 policies as of a certain date; requiring insurers to
148 allow certain insureds to make certain coverage
149 changes, subject to certain conditions; requiring an
150 insurer to provide, by a specified date, a specified
151 notice to policyholders relating to requirements under
152 the act; providing that driver license or registration
153 suspensions for failure to maintain required security
154 which were in effect before a specified date remain in
155 full force and effect; providing that such suspended
156 licenses or registrations may be reinstated as
157 provided in a specified section; providing an
158 appropriation; providing effective dates.
159
160 Be It Enacted by the Legislature of the State of Florida:
161
162 Section 1. Sections 627.730, 627.731, 627.7311, 627.732,
163 627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,
164 and 627.7405, Florida Statutes, which comprise the Florida Motor
165 Vehicle No-Fault Law, are repealed.
166 Section 2. Section 627.7407, Florida Statutes, is repealed.
167 Section 3. Subsection (1) of section 316.646, Florida
168 Statutes, is amended to read:
169 316.646 Security required; proof of security and display
170 thereof.—
171 (1) Any person required by s. 324.022 to maintain liability
172 security for property damage, liability security, required by s.
173 324.023 to maintain liability security for bodily injury, or
174 death, or required by s. 627.733 to maintain personal injury
175 protection security on a motor vehicle shall have in his or her
176 immediate possession at all times while operating such motor
177 vehicle proper proof of maintenance of the required security
178 required under s. 324.021(7).
179 (a) Such proof must shall be in a uniform paper or
180 electronic format, as prescribed by the department, a valid
181 insurance policy, an insurance policy binder, a certificate of
182 insurance, or such other proof as may be prescribed by the
183 department.
184 (b)1. The act of presenting to a law enforcement officer an
185 electronic device displaying proof of insurance in an electronic
186 format does not constitute consent for the officer to access any
187 information on the device other than the displayed proof of
188 insurance.
189 2. The person who presents the device to the officer
190 assumes the liability for any resulting damage to the device.
191 Section 4. Paragraph (b) of subsection (2) of section
192 318.18, Florida Statutes, is amended to read:
193 318.18 Amount of penalties.—The penalties required for a
194 noncriminal disposition pursuant to s. 318.14 or a criminal
195 offense listed in s. 318.17 are as follows:
196 (2) Thirty dollars for all nonmoving traffic violations
197 and:
198 (b) For all violations of ss. 320.0605, 320.07(1), 322.065,
199 and 322.15(1). A Any person who is cited for a violation of s.
200 320.07(1) shall be charged a delinquent fee pursuant to s.
201 320.07(4).
202 1. If a person who is cited for a violation of s. 320.0605
203 or s. 320.07 can show proof of having a valid registration at
204 the time of arrest, the clerk of the court may dismiss the case
205 and may assess a dismissal fee of up to $10. A person who finds
206 it impossible or impractical to obtain a valid registration
207 certificate must submit an affidavit detailing the reasons for
208 the impossibility or impracticality. The reasons may include,
209 but are not limited to, the fact that the vehicle was sold,
210 stolen, or destroyed; that the state in which the vehicle is
211 registered does not issue a certificate of registration; or that
212 the vehicle is owned by another person.
213 2. If a person who is cited for a violation of s. 322.03,
214 s. 322.065, or s. 322.15 can show a driver license issued to him
215 or her and valid at the time of arrest, the clerk of the court
216 may dismiss the case and may assess a dismissal fee of up to
217 $10.
218 3. If a person who is cited for a violation of s. 316.646
219 can show proof of security as required by s. 324.021(7) s.
220 627.733, issued to the person and valid at the time of arrest,
221 the clerk of the court may dismiss the case and may assess a
222 dismissal fee of up to $10. A person who finds it impossible or
223 impractical to obtain proof of security must submit an affidavit
224 detailing the reasons for the impracticality. The reasons may
225 include, but are not limited to, the fact that the vehicle has
226 since been sold, stolen, or destroyed; that the owner or
227 registrant of the vehicle is not required by s. 627.733 to
228 maintain personal injury protection insurance; or that the
229 vehicle is owned by another person.
230 Section 5. Paragraphs (a) and (d) of subsection (5) of
231 section 320.02, Florida Statutes, are amended to read:
232 320.02 Registration required; application for registration;
233 forms.—
234 (5)(a) Proof that bodily injury liability coverage and
235 property damage liability coverage personal injury protection
236 benefits have been purchased if required under s. 324.022, s.
237 324.032, or s. 627.742 s. 627.733, that property damage
238 liability coverage has been purchased as required under s.
239 324.022, that bodily injury liability or death coverage has been
240 purchased if required under s. 324.023, and that combined bodily
241 liability insurance and property damage liability insurance have
242 been purchased if required under s. 627.7415 must shall be
243 provided in the manner prescribed by law by the applicant at the
244 time of application for registration of any motor vehicle that
245 is subject to such requirements. The issuing agent may not shall
246 refuse to issue registration if such proof of purchase is not
247 provided. Insurers shall furnish uniform proof-of-purchase cards
248 in a paper or electronic format in a form prescribed by the
249 department and include the name of the insured’s insurance
250 company, the coverage identification number, and the make, year,
251 and vehicle identification number of the vehicle insured. The
252 card must contain a statement notifying the applicant of the
253 penalty specified under s. 316.646(4). The card or insurance
254 policy, insurance policy binder, or certificate of insurance or
255 a photocopy of any of these; an affidavit containing the name of
256 the insured’s insurance company, the insured’s policy number,
257 and the make and year of the vehicle insured; or such other
258 proof as may be prescribed by the department constitutes shall
259 constitute sufficient proof of purchase. If an affidavit is
260 provided as proof, it must be in substantially the following
261 form:
262
263 Under penalty of perjury, I ...(Name of insured)... do hereby
264 certify that I have ...(bodily injury liability and Personal
265 Injury Protection, property damage liability, and, if required,
266 Bodily Injury Liability)... insurance currently in effect with
267 ...(Name of insurance company)... under ...(policy number)...
268 covering ...(make, year, and vehicle identification number of
269 vehicle).... ...(Signature of Insured)...
270
271 Such affidavit must include the following warning:
272
273 WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
274 REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
275 LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
276 SUBJECT TO PROSECUTION.
277
278 If an application is made through a licensed motor vehicle
279 dealer as required under s. 319.23, the original or a photocopy
280 photostatic copy of such card, insurance policy, insurance
281 policy binder, or certificate of insurance or the original
282 affidavit from the insured must shall be forwarded by the dealer
283 to the tax collector of the county or the Department of Highway
284 Safety and Motor Vehicles for processing. By executing the
285 aforesaid affidavit, a no licensed motor vehicle dealer is not
286 will be liable in damages for any inadequacy, insufficiency, or
287 falsification of any statement contained therein. A card must
288 also indicate the existence of any bodily injury liability
289 insurance voluntarily purchased.
290 (d) The verifying of proof of personal injury protection
291 insurance, proof of property damage liability insurance, proof
292 of combined bodily liability insurance and property damage
293 liability insurance, or proof of financial responsibility
294 insurance and the issuance or failure to issue the motor vehicle
295 registration under the provisions of this chapter may not be
296 construed in any court as a warranty of the reliability or
297 accuracy of the evidence of such proof, or as meaning that the
298 provisions of any insurance policy furnished as proof of
299 financial responsibility comply with state law. Neither the
300 department nor any tax collector is not liable in damages for
301 any inadequacy, insufficiency, falsification, or unauthorized
302 modification of any item of the proof of personal injury
303 protection insurance, proof of property damage liability
304 insurance, proof of combined bodily liability insurance and
305 property damage liability insurance, or proof of financial
306 responsibility before insurance prior to, during, or subsequent
307 to the verification of the proof. The issuance of a motor
308 vehicle registration does not constitute prima facie evidence or
309 a presumption of insurance coverage.
310 Section 6. Paragraph (b) of subsection (1) of section
311 320.0609, Florida Statutes, is amended to read:
312 320.0609 Transfer and exchange of registration license
313 plates; transfer fee.—
314 (1)
315 (b) The transfer of a license plate from a vehicle disposed
316 of to a newly acquired vehicle does not constitute a new
317 registration. The application for transfer shall be accepted
318 without requiring proof of personal injury protection or
319 liability insurance.
320 Section 7. Paragraph (g) is added to subsection (1) of
321 section 320.27, Florida Statutes, and subsection (3) of that
322 section is amended, to read:
323 320.27 Motor vehicle dealers.—
324 (1) DEFINITIONS.—The following words, terms, and phrases
325 when used in this section have the meanings respectively
326 ascribed to them in this subsection, except where the context
327 clearly indicates a different meaning:
328 (g) “Garage liability insurance” means, beginning January
329 1, 2020, combined single-limit liability coverage, including
330 property damage and bodily injury liability coverage, in the
331 amount of at least $60,000.
332 (3) APPLICATION AND FEE.—The application for the license
333 application must shall be in such form as may be prescribed by
334 the department and is shall be subject to such rules with
335 respect thereto as may be so prescribed by the department it.
336 Such application must shall be verified by oath or affirmation
337 and must shall contain a full statement of the name and birth
338 date of the person or persons applying for the license therefor;
339 the name of the firm or copartnership, with the names and places
340 of residence of all members thereof, if such applicant is a firm
341 or copartnership; the names and places of residence of the
342 principal officers, if the applicant is a body corporate or
343 other artificial body; the name of the state under whose laws
344 the corporation is organized; the present and former place or
345 places of residence of the applicant; and the prior business in
346 which the applicant has been engaged and its the location
347 thereof. The Such application must shall describe the exact
348 location of the place of business and must shall state whether
349 the place of business is owned by the applicant and when
350 acquired, or, if leased, a true copy of the lease must shall be
351 attached to the application. The applicant shall certify that
352 the location provides an adequately equipped office and is not a
353 residence; that the location affords sufficient unoccupied space
354 upon and within which adequately to store all motor vehicles
355 offered and displayed for sale; and that the location is a
356 suitable place where the applicant can in good faith carry on
357 such business and keep and maintain books, records, and files
358 necessary to conduct such business, which must shall be
359 available at all reasonable hours to inspection by the
360 department or any of its inspectors or other employees. The
361 applicant shall certify that the business of a motor vehicle
362 dealer is the principal business that will which shall be
363 conducted at that location. The application must shall contain a
364 statement that the applicant is either franchised by a
365 manufacturer of motor vehicles, in which case the name of each
366 motor vehicle that the applicant is franchised to sell must
367 shall be included, or an independent (nonfranchised) motor
368 vehicle dealer. The application must shall contain other
369 relevant information as may be required by the department. The
370 applicant shall furnish, including evidence, in a form approved
371 by the department, that the applicant is insured under a garage
372 liability insurance policy or a general liability insurance
373 policy coupled with a business automobile policy having the
374 coverages and limits of the garage liability insurance coverage
375 in accordance with paragraph (1)(g), which shall include, at a
376 minimum, $25,000 combined single-limit liability coverage
377 including bodily injury and property damage protection and
378 $10,000 personal injury protection. However, a salvage motor
379 vehicle dealer as defined in subparagraph (1)(c)5. is exempt
380 from the requirements for garage liability insurance and
381 personal injury protection insurance on those vehicles that
382 cannot be legally operated on roads, highways, or streets in
383 this state. Franchise dealers must submit a garage liability
384 insurance policy, and all other dealers must submit a garage
385 liability insurance policy or a general liability insurance
386 policy coupled with a business automobile policy. Such policy
387 must shall be for the license period, and evidence of a new or
388 continued policy must shall be delivered to the department at
389 the beginning of each license period. Upon making an initial
390 application, the applicant shall pay to the department a fee of
391 $300 in addition to any other fees required by law. Applicants
392 may choose to extend the licensure period for 1 additional year
393 for a total of 2 years. An initial applicant shall pay to the
394 department a fee of $300 for the first year and $75 for the
395 second year, in addition to any other fees required by law. An
396 applicant for renewal shall pay to the department $75 for a 1
397 year renewal or $150 for a 2-year renewal, in addition to any
398 other fees required by law. Upon making an application for a
399 change of location, the applicant person shall pay a fee of $50
400 in addition to any other fees now required by law. The
401 department shall, in the case of every application for initial
402 licensure, verify whether certain facts set forth in the
403 application are true. Each applicant, general partner in the
404 case of a partnership, or corporate officer and director in the
405 case of a corporate applicant shall, must file a set of
406 fingerprints with the department for the purpose of determining
407 any prior criminal record or any outstanding warrants. The
408 department shall submit the fingerprints to the Department of
409 Law Enforcement for state processing and forwarding to the
410 Federal Bureau of Investigation for federal processing. The
411 actual cost of state and federal processing must shall be borne
412 by the applicant and is in addition to the fee for licensure.
413 The department may issue a license to an applicant pending the
414 results of the fingerprint investigation, which license is fully
415 revocable if the department subsequently determines that any
416 facts set forth in the application are not true or correctly
417 represented.
418 Section 8. Paragraph (j) of subsection (3) of section
419 320.771, Florida Statutes, is amended to read:
420 320.771 License required of recreational vehicle dealers.—
421 (3) APPLICATION.—The application for such license shall be
422 in the form prescribed by the department and subject to such
423 rules as may be prescribed by it. The application shall be
424 verified by oath or affirmation and shall contain:
425 (j) A statement that the applicant is insured under a
426 garage liability insurance policy in accordance with s.
427 320.27(1)(g), which shall include, at a minimum, $25,000
428 combined single-limit liability coverage, including bodily
429 injury and property damage protection, and $10,000 personal
430 injury protection, if the applicant is to be licensed as a
431 dealer in, or intends to sell, recreational vehicles.
432
433 The department shall, if it deems necessary, cause an
434 investigation to be made to ascertain if the facts set forth in
435 the application are true and shall not issue a license to the
436 applicant until it is satisfied that the facts set forth in the
437 application are true.
438 Section 9. Subsections (1) and (2) of section 322.251,
439 Florida Statutes, are amended to read:
440 322.251 Notice of cancellation, suspension, revocation, or
441 disqualification of license.—
442 (1) All orders of cancellation, suspension, revocation, or
443 disqualification issued under the provisions of this chapter,
444 chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall
445 be given either by personal delivery thereof to the licensee
446 whose license is being canceled, suspended, revoked, or
447 disqualified or by deposit in the United States mail in an
448 envelope, first class, postage prepaid, addressed to the
449 licensee at his or her last known mailing address furnished to
450 the department. Such mailing by the department constitutes
451 notification, and any failure by the person to receive the
452 mailed order will not affect or stay the effective date or term
453 of the cancellation, suspension, revocation, or disqualification
454 of the licensee’s driving privilege.
455 (2) The giving of notice and an order of cancellation,
456 suspension, revocation, or disqualification by mail is complete
457 upon expiration of 20 days after deposit in the United States
458 mail for all notices except those issued under chapter 324 or
459 ss. 627.732–627.734, which are complete 15 days after deposit in
460 the United States mail. Proof of the giving of notice and an
461 order of cancellation, suspension, revocation, or
462 disqualification in either manner must shall be made by entry in
463 the records of the department that such notice was given. The
464 entry is admissible in the courts of this state and constitutes
465 sufficient proof that such notice was given.
466 Section 10. Paragraph (a) of subsection (8) of section
467 322.34, Florida Statutes, is amended to read:
468 322.34 Driving while license suspended, revoked, canceled,
469 or disqualified.—
470 (8)(a) Upon the arrest of a person for the offense of
471 driving while the person’s driver license or driving privilege
472 is suspended or revoked, the arresting officer shall determine:
473 1. Whether the person’s driver license is suspended or
474 revoked.
475 2. Whether the person’s driver license has remained
476 suspended or revoked since a conviction for the offense of
477 driving with a suspended or revoked license.
478 3. Whether the suspension or revocation was made under s.
479 316.646 or s. 627.733, relating to failure to maintain required
480 security, or under s. 322.264, relating to habitual traffic
481 offenders.
482 4. Whether the driver is the registered owner or coowner of
483 the vehicle.
484 Section 11. Section 324.011, Florida Statutes, is amended
485 to read:
486 324.011 Legislative intent and purpose of chapter.—It is
487 the Legislature’s intent of this chapter to ensure that the
488 privilege of owning or operating a motor vehicle in this state
489 is exercised recognize the existing privilege to own or operate
490 a motor vehicle on the public streets and highways of this state
491 when such vehicles are used with due consideration for others’
492 safety others and their property, and to promote safety, and to
493 provide financial security requirements for such owners and or
494 operators whose responsibility it is to recompense others for
495 injury to person or property caused by the operation of a motor
496 vehicle. Therefore, this chapter requires that every owner or
497 operator of a motor vehicle required to be registered in this
498 state establish, maintain, and it is required herein that the
499 operator of a motor vehicle involved in a crash or convicted of
500 certain traffic offenses meeting the operative provisions of s.
501 324.051(2) shall respond for such damages and show proof of
502 financial ability to respond for damages arising out of the
503 ownership, maintenance, or use of a motor vehicle in future
504 accidents as a requisite to owning or operating a motor vehicle
505 in this state his or her future exercise of such privileges.
506 Section 12. Subsections (1) and (7) and paragraph (c) of
507 subsection (9) of section 324.021, Florida Statutes, are
508 amended, and subsection (12) is added to that section, to read:
509 324.021 Definitions; minimum insurance required.—The
510 following words and phrases when used in this chapter shall, for
511 the purpose of this chapter, have the meanings respectively
512 ascribed to them in this section, except in those instances
513 where the context clearly indicates a different meaning:
514 (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
515 designed and required to be licensed for use upon a highway,
516 including trailers and semitrailers designed for use with such
517 vehicles, except traction engines, road rollers, farm tractors,
518 power shovels, and well drillers, and every vehicle that is
519 propelled by electric power obtained from overhead wires but not
520 operated upon rails, but not including any personal delivery
521 device or mobile carrier as defined in s. 316.003, bicycle, or
522 moped. However, the term “motor vehicle” does not include a
523 motor vehicle as defined in s. 627.732(3) when the owner of such
524 vehicle has complied with the requirements of ss. 627.730
525 627.7405, inclusive, unless the provisions of s. 324.051 apply;
526 and, in such case, the applicable proof of insurance provisions
527 of s. 320.02 apply.
528 (7) PROOF OF FINANCIAL RESPONSIBILITY.—That Proof of
529 ability to respond in damages for liability on account of
530 crashes arising out of the ownership, maintenance, or use of a
531 motor vehicle:
532 (a) Beginning January 1, 2020, with respect to a motor
533 vehicle that is not a commercial motor vehicle, nonpublic sector
534 bus, or for-hire passenger transportation vehicle, in the amount
535 of:
536 1. Twenty-five thousand dollars for $10,000 because of
537 bodily injury to, or the death of, one person in any one crash
538 and,;
539 (b) subject to such limits for one person, in the amount of
540 $50,000 for $20,000 because of bodily injury to, or the death
541 of, two or more persons in any one crash; and
542 2.(c) Ten thousand dollars for damage In the amount of
543 $10,000 because of injury to, or destruction of, property of
544 others in any one crash.; and
545 (b)(d) With respect to commercial motor vehicles and
546 nonpublic sector buses, in the amounts specified in s. 627.7415
547 ss. 627.7415 and 627.742, respectively.
548 (c) With respect to nonpublic sector buses, in the amounts
549 specified in s. 627.742.
550 (d) With respect to for-hire passenger transportation
551 vehicles, in the amounts specified in s. 324.032.
552 (9) OWNER; OWNER/LESSOR.—
553 (c) Application.—
554 1. The limits on liability in subparagraphs (b)2. and 3. do
555 not apply to an owner of motor vehicles that are used for
556 commercial activity in the owner’s ordinary course of business,
557 other than a rental company that rents or leases motor vehicles.
558 For purposes of this paragraph, the term “rental company”
559 includes only an entity that is engaged in the business of
560 renting or leasing motor vehicles to the general public and that
561 rents or leases a majority of its motor vehicles to persons with
562 no direct or indirect affiliation with the rental company. The
563 term also includes a motor vehicle dealer that provides
564 temporary replacement vehicles to its customers for up to 10
565 days. The term “rental company” also includes:
566 a. A related rental or leasing company that is a subsidiary
567 of the same parent company as that of the renting or leasing
568 company that rented or leased the vehicle.
569 b. The holder of a motor vehicle title or an equity
570 interest in a motor vehicle title if the title or equity
571 interest is held pursuant to or to facilitate an asset-backed
572 securitization of a fleet of motor vehicles used solely in the
573 business of renting or leasing motor vehicles to the general
574 public and under the dominion and control of a rental company,
575 as described in this subparagraph, in the operation of such
576 rental company’s business.
577 2. Furthermore, with respect to commercial motor vehicles
578 as defined in s. 207.002 or s. 320.01 s. 627.732, the limits on
579 liability in subparagraphs (b)2. and 3. do not apply if, at the
580 time of the incident, the commercial motor vehicle is being used
581 in the transportation of materials found to be hazardous for the
582 purposes of the Hazardous Materials Transportation Authorization
583 Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is
584 required pursuant to such act to carry placards warning others
585 of the hazardous cargo, unless at the time of lease or rental
586 either:
587 a. The lessee indicates in writing that the vehicle will
588 not be used to transport materials found to be hazardous for the
589 purposes of the Hazardous Materials Transportation Authorization
590 Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
591 b. The lessee or other operator of the commercial motor
592 vehicle has in effect insurance with limits of at least $5
593 million $5,000,000 combined property damage and bodily injury
594 liability.
595 (12) FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.—Every “for
596 hire vehicle” as defined in s. 320.01(15) which is offered or
597 used to provide transportation for persons, including taxicabs,
598 limousines, and jitneys.
599 Section 13. Section 324.022, Florida Statutes, is amended
600 to read:
601 324.022 Financial responsibility requirements for property
602 damage.—
603 (1)(a) Beginning January 1, 2020, every owner or operator
604 of a motor vehicle required to be registered in this state shall
605 establish and continuously maintain the ability to respond in
606 damages for liability on account of accidents arising out of the
607 use of the motor vehicle in the amount of:
608 1. Twenty-five thousand dollars for bodily injury to, or
609 the death of, one person in any one crash and, subject to such
610 limits for one person, in the amount of $50,000 for bodily
611 injury to, or the death of, two or more persons in any one
612 crash; and
613 2. Ten thousand dollars for $10,000 because of damage to,
614 or destruction of, property of others in any one crash.
615 (b) The requirements of paragraph (a) this section may be
616 met by one of the methods established in s. 324.031; by self
617 insuring as authorized by s. 768.28(16); or by maintaining a
618 motor vehicle liability insurance policy that an insurance
619 policy providing coverage for property damage liability in the
620 amount of at least $10,000 because of damage to, or destruction
621 of, property of others in any one accident arising out of the
622 use of the motor vehicle. The requirements of this section may
623 also be met by having a policy which provides combined property
624 damage liability and bodily injury liability coverage for any
625 one crash arising out of the ownership, maintenance, or use of a
626 motor vehicle which conforms to the requirements of s. 324.151
627 in the amount of at least $60,000 for every owner or operator
628 subject to the financial responsibility required in paragraph
629 (a) $30,000 for combined property damage liability and bodily
630 injury liability for any one crash arising out of the use of the
631 motor vehicle. The policy, with respect to coverage for property
632 damage liability, must meet the applicable requirements of s.
633 324.151, subject to the usual policy exclusions that have been
634 approved in policy forms by the Office of Insurance Regulation.
635 No insurer shall have any duty to defend uncovered claims
636 irrespective of their joinder with covered claims.
637 (2) As used in this section, the term:
638 (a) “Motor vehicle” means any self-propelled vehicle that
639 has four or more wheels and that is of a type designed and
640 required to be licensed for use on the highways of this state,
641 and any trailer or semitrailer designed for use with such
642 vehicle. The term does not include the following:
643 1. A mobile home as defined in s. 320.01.
644 2. A motor vehicle that is used in mass transit and
645 designed to transport more than five passengers, exclusive of
646 the operator of the motor vehicle, and that is owned by a
647 municipality, transit authority, or political subdivision of the
648 state.
649 3. A school bus as defined in s. 1006.25, which must
650 maintain security as required under s. 316.615.
651 4. A commercial motor vehicle as defined in s. 207.002 or
652 s. 320.01, which must maintain security as required under ss.
653 324.031 and 627.7415.
654 5. A nonpublic sector bus, which must maintain security as
655 required under ss. 324.031 and 627.742.
656 6.4. A vehicle providing for-hire passenger transportation
657 vehicle, which must that is subject to the provisions of s.
658 324.031. A taxicab shall maintain security as required under s.
659 324.032 s. 324.032(1).
660 7.5. A personal delivery device as defined in s. 316.003.
661 (b) “Owner” means the person who holds legal title to a
662 motor vehicle or the debtor or lessee who has the right to
663 possession of a motor vehicle that is the subject of a security
664 agreement or lease with an option to purchase.
665 (3) Each nonresident owner or registrant of a motor vehicle
666 that, whether operated or not, has been physically present
667 within this state for more than 90 days during the preceding 365
668 days shall maintain security as required by subsection (1). The
669 security must be that is in effect continuously throughout the
670 period the motor vehicle remains within this state.
671 (4) An The owner or registrant of a motor vehicle who is
672 exempt from the requirements of this section if she or he is a
673 member of the United States Armed Forces and is called to or on
674 active duty outside the United States in an emergency situation
675 is exempt from this section while he or she. The exemption
676 provided by this subsection applies only as long as the member
677 of the Armed Forces is on such active duty. This exemption
678 outside the United States and applies only while the vehicle
679 covered by the security is not operated by any person. Upon
680 receipt of a written request by the insured to whom the
681 exemption provided in this subsection applies, the insurer shall
682 cancel the coverages and return any unearned premium or suspend
683 the security required by this section. Notwithstanding s.
684 324.0221(2) s. 324.0221(3), the department may not suspend the
685 registration or operator’s license of an any owner or registrant
686 of a motor vehicle during the time she or he qualifies for the
687 an exemption under this subsection. An Any owner or registrant
688 of a motor vehicle who qualifies for the an exemption under this
689 subsection shall immediately notify the department before prior
690 to and at the end of the expiration of the exemption.
691 Section 14. Subsections (1) and (2) of section 324.0221,
692 Florida Statutes, are amended to read:
693 324.0221 Reports by insurers to the department; suspension
694 of driver license and vehicle registrations; reinstatement.—
695 (1)(a) Each insurer that has issued a policy providing
696 personal injury protection coverage or property damage liability
697 coverage shall report the cancellation or nonrenewal thereof to
698 the department within 10 days after the processing date or
699 effective date of each cancellation or nonrenewal. Upon the
700 issuance of a policy providing personal injury protection
701 coverage or property damage liability coverage to a named
702 insured not previously insured by the insurer during that
703 calendar year, the insurer shall report the issuance of the new
704 policy to the department within 10 days. The report must shall
705 be in the form and format and contain any information required
706 by the department and must be provided in a format that is
707 compatible with the data processing capabilities of the
708 department. Failure by an insurer to file proper reports with
709 the department as required by this subsection constitutes a
710 violation of the Florida Insurance Code. These records may shall
711 be used by the department only for enforcement and regulatory
712 purposes, including the generation by the department of data
713 regarding compliance by owners of motor vehicles with the
714 requirements for financial responsibility coverage.
715 (b) With respect to an insurance policy providing personal
716 injury protection coverage or property damage liability
717 coverage, each insurer shall notify the named insured, or the
718 first-named insured in the case of a commercial fleet policy, in
719 writing that any cancellation or nonrenewal of the policy will
720 be reported by the insurer to the department. The notice must
721 also inform the named insured that failure to maintain bodily
722 injury liability personal injury protection coverage and
723 property damage liability coverage on a motor vehicle when
724 required by law may result in the loss of registration and
725 driving privileges in this state and inform the named insured of
726 the amount of the reinstatement fees required by this section.
727 This notice is for informational purposes only, and an insurer
728 is not civilly liable for failing to provide this notice.
729 (2) The department shall suspend, after due notice and an
730 opportunity to be heard, the registration and driver license of
731 any owner or registrant of a motor vehicle for with respect to
732 which security is required under s. 324.022, s. 324.032, s.
733 627.7415, or s. 627.742 ss. 324.022 and 627.733 upon:
734 (a) The department’s records showing that the owner or
735 registrant of such motor vehicle did not have the in full force
736 and effect when required security in full force and effect that
737 complies with the requirements of ss. 324.022 and 627.733; or
738 (b) Notification by the insurer to the department, in a
739 form approved by the department, of cancellation or termination
740 of the required security.
741 Section 15. Section 324.023, Florida Statutes, is amended
742 to read:
743 324.023 Financial responsibility for bodily injury or
744 death.—In addition to any other financial responsibility
745 required by law, every owner or operator of a motor vehicle that
746 is required to be registered in this state, or that is located
747 within this state, and who, regardless of adjudication of guilt,
748 has been found guilty of or entered a plea of guilty or nolo
749 contendere to a charge of driving under the influence under s.
750 316.193 after October 1, 2007, shall, by one of the methods
751 established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2),
752 establish and maintain the ability to respond in damages for
753 liability on account of accidents arising out of the use of a
754 motor vehicle in the amount of $100,000 because of bodily injury
755 to, or death of, one person in any one crash and, subject to
756 such limits for one person, in the amount of $300,000 because of
757 bodily injury to, or death of, two or more persons in any one
758 crash and in the amount of $50,000 because of property damage in
759 any one crash. If the owner or operator chooses to establish and
760 maintain such ability by furnishing a certificate of deposit
761 pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of
762 deposit must be at least $350,000. Such higher limits must be
763 carried for a minimum period of 3 years. If the owner or
764 operator has not been convicted of driving under the influence
765 or a felony traffic offense for a period of 3 years from the
766 date of reinstatement of driving privileges for a violation of
767 s. 316.193, the owner or operator shall be exempt from this
768 section.
769 Section 16. Section 324.031, Florida Statutes, is amended
770 to read:
771 324.031 Manner of proving financial responsibility.—
772 (1) The owner or operator of a taxicab, limousine, jitney,
773 or any other for-hire passenger transportation vehicle may prove
774 financial responsibility by providing satisfactory evidence of
775 holding a motor vehicle liability policy as defined in s.
776 324.021(8) or s. 324.151, which policy is issued by an insurance
777 carrier which is a member of the Florida Insurance Guaranty
778 Association. The operator or owner of a motor vehicle other than
779 a for-hire passenger transportation vehicle any other vehicle
780 may prove his or her financial responsibility by:
781 (a)(1) Furnishing satisfactory evidence of holding a motor
782 vehicle liability policy as defined in ss. 324.021(8) and
783 324.151;
784 (b)(2) Furnishing a certificate of self-insurance showing a
785 deposit of cash in accordance with s. 324.161; or
786 (c)(3) Furnishing a certificate of self-insurance issued by
787 the department in accordance with s. 324.171.
788 (2)(a) Beginning January 1, 2020, any person, including any
789 firm, partnership, association, corporation, or other person,
790 other than a natural person, electing to use the method of proof
791 specified in paragraph (1)(b) subsection (2) shall furnish a
792 certificate of deposit equal to the number of vehicles owned
793 times $60,000 $30,000, to a maximum of $240,000. $120,000;
794 (b) In addition, any such person, other than a natural
795 person, shall maintain insurance providing coverage conforming
796 to the requirements of s. 324.151 in excess of the amount of the
797 certificate of deposit, with limits of at least:
798 1. One hundred twenty-five thousand dollars for bodily
799 injury to, or the death of, one person in any one crash and,
800 subject to such limits for one person, in the amount of $250,000
801 for bodily injury to, or the death of, two or more persons in
802 any one crash, and $50,000 for damage to, or destruction of,
803 property of others in any one crash; or
804 2. Three hundred thousand dollars for combined bodily
805 injury liability and property damage liability for any one crash
806 $10,000/20,000/10,000 or $30,000 combined single limits, and
807 such excess insurance shall provide minimum limits of
808 $125,000/250,000/50,000 or $300,000 combined single limits.
809 These increased limits shall not affect the requirements for
810 proving financial responsibility under s. 324.032(1).
811 Section 17. Section 324.032, Florida Statutes, is amended
812 to read:
813 324.032 Manner of proving Financial responsibility for;
814 for-hire passenger transportation vehicles.—Notwithstanding the
815 provisions of s. 324.031:
816 (1) An owner or lessee of a for-hire passenger
817 transportation vehicle that is required to be registered in this
818 state shall establish and continuously maintain the ability to
819 respond in damages for liability on account of accidents arising
820 out of the ownership, maintenance, or use of the for-hire
821 passenger transportation vehicle, in the amount of:
822 (a) One hundred twenty-five thousand dollars for bodily
823 injury to, or the death of, one person in any one crash and,
824 subject to such limits for one person, in the amount of $250,000
825 for bodily injury to, or the death of, two or more persons in
826 any one crash; and A person who is either the owner or a lessee
827 required to maintain insurance under s. 627.733(1)(b) and who
828 operates one or more taxicabs, limousines, jitneys, or any other
829 for-hire passenger transportation vehicles may prove financial
830 responsibility by furnishing satisfactory evidence of holding a
831 motor vehicle liability policy, but with minimum limits of
832 $125,000/250,000/50,000.
833 (b) Fifty thousand dollars for damage to, or destruction
834 of, property of others in any one crash A person who is either
835 the owner or a lessee required to maintain insurance under s.
836 324.021(9)(b) and who operates limousines, jitneys, or any other
837 for-hire passenger vehicles, other than taxicabs, may prove
838 financial responsibility by furnishing satisfactory evidence of
839 holding a motor vehicle liability policy as defined in s.
840 324.031.
841 (2) Except as provided in subsection (3), the requirements
842 of this section must be met by the owner or lessee providing
843 satisfactory evidence of holding a motor vehicle liability
844 policy conforming to the requirements of s. 324.151 which is
845 issued by an insurance carrier that is a member of the Florida
846 Insurance Guaranty Association.
847 (3)(2) An owner or a lessee who is required to maintain
848 insurance under s. 324.021(9)(b) and who operates at least 300
849 taxicabs, limousines, jitneys, or any other for-hire passenger
850 transportation vehicles may provide financial responsibility by
851 complying with the provisions of s. 324.171, which must such
852 compliance to be demonstrated by maintaining at its principal
853 place of business an audited financial statement, prepared in
854 accordance with generally accepted accounting principles, and
855 providing to the department a certification issued by a
856 certified public accountant that the applicant’s net worth is at
857 least equal to the requirements of s. 324.171 as determined by
858 the Office of Insurance Regulation of the Financial Services
859 Commission, including claims liabilities in an amount certified
860 as adequate by a Fellow of the Casualty Actuarial Society.
861
862 Upon request by the department, the applicant shall must provide
863 the department at the applicant’s principal place of business in
864 this state access to the applicant’s underlying financial
865 information and financial statements that provide the basis of
866 the certified public accountant’s certification. The applicant
867 shall reimburse the requesting department for all reasonable
868 costs incurred by it in reviewing the supporting information.
869 The maximum amount of self-insurance permissible under this
870 subsection is $300,000 and must be stated on a per-occurrence
871 basis, and the applicant shall maintain adequate excess
872 insurance issued by an authorized or eligible insurer licensed
873 or approved by the Office of Insurance Regulation. All risks
874 self-insured shall remain with the owner or lessee providing it,
875 and the risks are not transferable to any other person, unless a
876 policy complying with subsections (1) and (2) subsection (1) is
877 obtained.
878 Section 18. Paragraph (b) of subsection (2) of section
879 324.051, Florida Statutes, is amended to read:
880 324.051 Reports of crashes; suspensions of licenses and
881 registrations.—
882 (2)
883 (b) This subsection does shall not apply:
884 1. To such operator or owner if such operator or owner had
885 in effect at the time of such crash or traffic conviction a
886 motor vehicle an automobile liability policy with respect to all
887 of the registered motor vehicles owned by such operator or
888 owner.
889 2. To such operator, if not the owner of such motor
890 vehicle, if there was in effect at the time of such crash or
891 traffic conviction a motor vehicle an automobile liability
892 policy or bond with respect to his or her operation of motor
893 vehicles not owned by him or her.
894 3. To such operator or owner if the liability of such
895 operator or owner for damages resulting from such crash is, in
896 the judgment of the department, covered by any other form of
897 liability insurance or bond.
898 4. To any person who has obtained from the department a
899 certificate of self-insurance, in accordance with s. 324.171, or
900 to any person operating a motor vehicle for such self-insurer.
901
902 No such policy or bond shall be effective under this subsection
903 unless it contains limits of not less than those specified in s.
904 324.021(7).
905 Section 19. Section 324.071, Florida Statutes, is amended
906 to read:
907 324.071 Reinstatement; renewal of license; reinstatement
908 fee.—An Any operator or owner whose license or registration has
909 been suspended pursuant to s. 324.051(2), s. 324.072, s.
910 324.081, or s. 324.121 may effect its reinstatement upon
911 compliance with the provisions of s. 324.051(2)(a)3. or 4., or
912 s. 324.081(2) and (3), as the case may be, and with one of the
913 provisions of s. 324.031 and upon payment to the department of a
914 nonrefundable reinstatement fee of $15. Only one such fee may
915 shall be paid by any one person regardless irrespective of the
916 number of licenses and registrations to be then reinstated or
917 issued to such person. All Such fees must shall be deposited to
918 a department trust fund. If When the reinstatement of any
919 license or registration is effected by compliance with s.
920 324.051(2)(a)3. or 4., the department may shall not renew the
921 license or registration within a period of 3 years after from
922 such reinstatement, nor may shall any other license or
923 registration be issued in the name of such person, unless the
924 operator continues is continuing to comply with one of the
925 provisions of s. 324.031.
926 Section 20. Subsection (1) of section 324.091, Florida
927 Statutes, is amended to read:
928 324.091 Notice to department; notice to insurer.—
929 (1) Each owner and operator involved in a crash or
930 conviction case within the purview of this chapter shall furnish
931 evidence of automobile liability insurance or motor vehicle
932 liability insurance within 14 days after the date of the mailing
933 of notice of crash by the department in the form and manner as
934 it may designate. Upon receipt of evidence that a an automobile
935 liability policy or motor vehicle liability policy was in effect
936 at the time of the crash or conviction case, the department
937 shall forward to the insurer such information for verification
938 in a method as determined by the department. The insurer shall
939 respond to the department within 20 days after the notice as to
940 whether or not such information is valid. If the department
941 determines that a an automobile liability policy or motor
942 vehicle liability policy was not in effect and did not provide
943 coverage for both the owner and the operator, it must shall take
944 action as it is authorized to do under this chapter.
945 Section 21. Section 324.151, Florida Statutes, is amended
946 to read:
947 324.151 Motor vehicle liability policies; required
948 provisions.—
949 (1) A motor vehicle liability policy that serves as to be
950 proof of financial responsibility under s. 324.031(1)(a) must s.
951 324.031(1), shall be issued to owners or operators of motor
952 vehicles under the following provisions:
953 (a) A motor vehicle An owner’s liability insurance policy
954 issued to an owner of a motor vehicle registered in this state
955 must shall designate by explicit description or by appropriate
956 reference all motor vehicles for with respect to which coverage
957 is thereby granted. The policy must and shall insure the person
958 or persons owner named therein and any other person as operator
959 using such motor vehicle or motor vehicles with the express or
960 implied permission of such owner against loss from the liability
961 imposed by law for damage arising out of the ownership,
962 maintenance, or use of any such motor vehicle or motor vehicles
963 within the United States or the Dominion of Canada, subject to
964 limits, exclusive of interest and costs with respect to each
965 such motor vehicle, as is provided for under s. 324.021(7).
966 Insurers may make available, with respect to property damage
967 liability coverage, a deductible amount not to exceed $500. In
968 the event of a property damage loss covered by a policy
969 containing a property damage deductible provision, the insurer
970 shall pay to the third-party claimant the amount of any property
971 damage liability settlement or judgment, subject to policy
972 limits, as if no deductible existed.
973 (b) An operator’s motor vehicle liability policy of
974 insurance must shall insure the person or persons named therein
975 against loss from the liability imposed upon him or her by law
976 for damages arising out of the use by the person of any motor
977 vehicle not owned by him or her, with the same territorial
978 limits and subject to the same limits of liability as referred
979 to above with respect to an owner’s policy of liability
980 insurance.
981 (c) All such motor vehicle liability policies must shall
982 state the name and address of the named insured, the coverage
983 afforded by the policy, the premium charged therefor, the policy
984 period, and the limits of liability, and must shall contain an
985 agreement or be endorsed that insurance is provided in
986 accordance with the coverage defined in this chapter as respects
987 bodily injury and death or property damage or both and is
988 subject to all provisions of this chapter. The Said policies
989 must shall also contain a provision that the satisfaction by an
990 insured of a judgment for such injury or damage may shall not be
991 a condition precedent to the right or duty of the insurance
992 carrier to make payment on account of such injury or damage, and
993 must shall also contain a provision that bankruptcy or
994 insolvency of the insured or of the insured’s estate may shall
995 not relieve the insurance carrier of any of its obligations
996 under the said policy.
997 (2) The provisions of This section is shall not be
998 applicable to any motor vehicle automobile liability policy
999 unless and until it is furnished as proof of financial
1000 responsibility for the future pursuant to s. 324.031, and then
1001 applies only from and after the date the said policy is so
1002 furnished.
1003 Section 22. Section 324.161, Florida Statutes, is amended
1004 to read:
1005 324.161 Proof of financial responsibility; deposit.—If a
1006 person elects to prove his or her financial responsibility under
1007 the method of proof specified in s. 324.031(1)(b), he or she
1008 annually must obtain and submit to the department proof of a
1009 certificate of deposit in the amount required under s.
1010 324.031(2) from a financial institution insured by the Federal
1011 Deposit Insurance Corporation or the National Credit Union
1012 Administration Annually, before any certificate of insurance may
1013 be issued to a person, including any firm, partnership,
1014 association, corporation, or other person, other than a natural
1015 person, proof of a certificate of deposit of $30,000 issued and
1016 held by a financial institution must be submitted to the
1017 department. A power of attorney will be issued to and held by
1018 the department and may be executed upon a judgment issued
1019 against such person making the deposit, for damages for because
1020 of bodily injury to or death of any person or for damages for
1021 because of injury to or destruction of property resulting from
1022 the use or operation of any motor vehicle occurring after such
1023 deposit was made. Money so deposited is shall not be subject to
1024 attachment or execution unless such attachment or execution
1025 arises shall arise out of a lawsuit suit for such damages as
1026 aforesaid.
1027 Section 23. Subsections (1) and (2) of section 324.171,
1028 Florida Statutes, are amended to read:
1029 324.171 Self-insurer.—
1030 (1) A Any person may qualify as a self-insurer by obtaining
1031 a certificate of self-insurance from the department. which may,
1032 in its discretion and Upon application of such a person, the
1033 department may issue a said certificate of self-insurance to an
1034 applicant who satisfies when such person has satisfied the
1035 requirements of this section. Effective January 1, 2020 to
1036 qualify as a self-insurer under this section:
1037 (a) A private individual with private passenger vehicles
1038 shall possess a net unencumbered worth of at least $100,000
1039 $40,000.
1040 (b) A person, including any firm, partnership, association,
1041 corporation, or other person, other than a natural person,
1042 shall:
1043 1. Possess a net unencumbered worth of at least $100,000
1044 $40,000 for the first motor vehicle and $50,000 $20,000 for each
1045 additional motor vehicle; or
1046 2. Maintain sufficient net worth, in an amount determined
1047 by the department, to be financially responsible for potential
1048 losses. The department annually shall determine the minimum net
1049 worth sufficient to satisfy this subparagraph as determined
1050 annually by the department, pursuant to rules adopted
1051 promulgated by the department, with the assistance of the Office
1052 of Insurance Regulation of the Financial Services Commission, to
1053 be financially responsible for potential losses. The rules must
1054 consider any shall take into consideration excess insurance
1055 carried by the applicant. The department’s determination must
1056 shall be based upon reasonable actuarial principles considering
1057 the frequency, severity, and loss development of claims incurred
1058 by casualty insurers writing coverage on the type of motor
1059 vehicles for which a certificate of self-insurance is desired.
1060 (c) The owner of a commercial motor vehicle, as defined in
1061 s. 207.002 or s. 320.01, may qualify as a self-insurer subject
1062 to the standards provided for in subparagraph (b)2.
1063 (2) The self-insurance certificate must shall provide
1064 limits of liability insurance in the amounts specified under s.
1065 324.021(7) or s. 627.7415 and shall provide personal injury
1066 protection coverage under s. 627.733(3)(b).
1067 Section 24. Section 324.251, Florida Statutes, is amended
1068 to read:
1069 324.251 Short title.—This chapter may be cited as the
1070 “Financial Responsibility Law of 2019 1955” and is shall become
1071 effective at 12:01 a.m., January 1, 2020 October 1, 1955.
1072 Section 25. Subsection (4) of section 400.9905, Florida
1073 Statutes, is amended to read:
1074 400.9905 Definitions.—
1075 (4)(a) “Clinic” means an entity where health care services
1076 are provided to individuals and which tenders charges for
1077 reimbursement for such services, including a mobile clinic and a
1078 portable equipment provider. As used in this part, the term does
1079 not include and the licensure requirements of this part do not
1080 apply to:
1081 1.(a) Entities licensed or registered by the state under
1082 chapter 395; entities licensed or registered by the state and
1083 providing only health care services within the scope of services
1084 authorized under their respective licenses under ss. 383.30
1085 383.332, chapter 390, chapter 394, chapter 397, this chapter
1086 except part X, chapter 429, chapter 463, chapter 465, chapter
1087 466, chapter 478, chapter 484, or chapter 651; end-stage renal
1088 disease providers authorized under 42 C.F.R. part 405, subpart
1089 U; providers certified under 42 C.F.R. part 485, subpart B or
1090 subpart H; or any entity that provides neonatal or pediatric
1091 hospital-based health care services or other health care
1092 services by licensed practitioners solely within a hospital
1093 licensed under chapter 395.
1094 2.(b) Entities that own, directly or indirectly, entities
1095 licensed or registered by the state pursuant to chapter 395;
1096 entities that own, directly or indirectly, entities licensed or
1097 registered by the state and providing only health care services
1098 within the scope of services authorized pursuant to their
1099 respective licenses under ss. 383.30-383.332, chapter 390,
1100 chapter 394, chapter 397, this chapter except part X, chapter
1101 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
1102 484, or chapter 651; end-stage renal disease providers
1103 authorized under 42 C.F.R. part 405, subpart U; providers
1104 certified under 42 C.F.R. part 485, subpart B or subpart H; or
1105 any entity that provides neonatal or pediatric hospital-based
1106 health care services by licensed practitioners solely within a
1107 hospital licensed under chapter 395.
1108 3.(c) Entities that are owned, directly or indirectly, by
1109 an entity licensed or registered by the state pursuant to
1110 chapter 395; entities that are owned, directly or indirectly, by
1111 an entity licensed or registered by the state and providing only
1112 health care services within the scope of services authorized
1113 pursuant to their respective licenses under ss. 383.30-383.332,
1114 chapter 390, chapter 394, chapter 397, this chapter except part
1115 X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
1116 478, chapter 484, or chapter 651; end-stage renal disease
1117 providers authorized under 42 C.F.R. part 405, subpart U;
1118 providers certified under 42 C.F.R. part 485, subpart B or
1119 subpart H; or any entity that provides neonatal or pediatric
1120 hospital-based health care services by licensed practitioners
1121 solely within a hospital under chapter 395.
1122 4.(d) Entities that are under common ownership, directly or
1123 indirectly, with an entity licensed or registered by the state
1124 pursuant to chapter 395; entities that are under common
1125 ownership, directly or indirectly, with an entity licensed or
1126 registered by the state and providing only health care services
1127 within the scope of services authorized pursuant to their
1128 respective licenses under ss. 383.30-383.332, chapter 390,
1129 chapter 394, chapter 397, this chapter except part X, chapter
1130 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
1131 484, or chapter 651; end-stage renal disease providers
1132 authorized under 42 C.F.R. part 405, subpart U; providers
1133 certified under 42 C.F.R. part 485, subpart B or subpart H; or
1134 any entity that provides neonatal or pediatric hospital-based
1135 health care services by licensed practitioners solely within a
1136 hospital licensed under chapter 395.
1137 5.(e) An entity that is exempt from federal taxation under
1138 26 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
1139 under 26 U.S.C. s. 409 that has a board of trustees at least
1140 two-thirds of which are Florida-licensed health care
1141 practitioners and provides only physical therapy services under
1142 physician orders, any community college or university clinic,
1143 and any entity owned or operated by the federal or state
1144 government, including agencies, subdivisions, or municipalities
1145 thereof.
1146 6.(f) A sole proprietorship, group practice, partnership,
1147 or corporation that provides health care services by physicians
1148 covered by s. 627.419, that is directly supervised by one or
1149 more of such physicians, and that is wholly owned by one or more
1150 of those physicians or by a physician and the spouse, parent,
1151 child, or sibling of that physician.
1152 7.(g) A sole proprietorship, group practice, partnership,
1153 or corporation that provides health care services by licensed
1154 health care practitioners under chapter 457, chapter 458,
1155 chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
1156 chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
1157 chapter 490, chapter 491, or part I, part III, part X, part
1158 XIII, or part XIV of chapter 468, or s. 464.012, and that is
1159 wholly owned by one or more licensed health care practitioners,
1160 or the licensed health care practitioners set forth in this
1161 paragraph and the spouse, parent, child, or sibling of a
1162 licensed health care practitioner if one of the owners who is a
1163 licensed health care practitioner is supervising the business
1164 activities and is legally responsible for the entity’s
1165 compliance with all federal and state laws. However, a health
1166 care practitioner may not supervise services beyond the scope of
1167 the practitioner’s license, except that, for the purposes of
1168 this part, a clinic owned by a licensee in s. 456.053(3)(b)
1169 which provides only services authorized pursuant to s.
1170 456.053(3)(b) may be supervised by a licensee specified in s.
1171 456.053(3)(b).
1172 8.(h) Clinical facilities affiliated with an accredited
1173 medical school at which training is provided for medical
1174 students, residents, or fellows.
1175 9.(i) Entities that provide only oncology or radiation
1176 therapy services by physicians licensed under chapter 458 or
1177 chapter 459 or entities that provide oncology or radiation
1178 therapy services by physicians licensed under chapter 458 or
1179 chapter 459 which are owned by a corporation whose shares are
1180 publicly traded on a recognized stock exchange.
1181 10.(j) Clinical facilities affiliated with a college of
1182 chiropractic accredited by the Council on Chiropractic Education
1183 at which training is provided for chiropractic students.
1184 11.(k) Entities that provide licensed practitioners to
1185 staff emergency departments or to deliver anesthesia services in
1186 facilities licensed under chapter 395 and that derive at least
1187 90 percent of their gross annual revenues from the provision of
1188 such services. Entities claiming an exemption from licensure
1189 under this paragraph must provide documentation demonstrating
1190 compliance.
1191 12.(l) Orthotic, prosthetic, pediatric cardiology, or
1192 perinatology clinical facilities or anesthesia clinical
1193 facilities that are not otherwise exempt under subparagraph 1.
1194 or subparagraph 11. paragraph (a) or paragraph (k) and that are
1195 a publicly traded corporation or are wholly owned, directly or
1196 indirectly, by a publicly traded corporation. As used in this
1197 paragraph, a publicly traded corporation is a corporation that
1198 issues securities traded on an exchange registered with the
1199 United States Securities and Exchange Commission as a national
1200 securities exchange.
1201 13.(m) Entities that are owned by a corporation that has
1202 $250 million or more in total annual sales of health care
1203 services provided by licensed health care practitioners where
1204 one or more of the persons responsible for the operations of the
1205 entity is a health care practitioner who is licensed in this
1206 state and who is responsible for supervising the business
1207 activities of the entity and is responsible for the entity’s
1208 compliance with state law for purposes of this part.
1209 14.(n) Entities that employ 50 or more licensed health care
1210 practitioners licensed under chapter 458 or chapter 459 where
1211 the billing for medical services is under a single tax
1212 identification number. The application for exemption under this
1213 subsection must include shall contain information that includes:
1214 the name, residence, and business address and telephone phone
1215 number of the entity that owns the practice; a complete list of
1216 the names and contact information of all the officers and
1217 directors of the corporation; the name, residence address,
1218 business address, and medical license number of each licensed
1219 Florida health care practitioner employed by the entity; the
1220 corporate tax identification number of the entity seeking an
1221 exemption; a listing of health care services to be provided by
1222 the entity at the health care clinics owned or operated by the
1223 entity; and a certified statement prepared by an independent
1224 certified public accountant which states that the entity and the
1225 health care clinics owned or operated by the entity have not
1226 received payment for health care services under medical payments
1227 personal injury protection insurance coverage for the preceding
1228 year. If the agency determines that an entity that which is
1229 exempt under this subsection has received payments for medical
1230 services under medical payments personal injury protection
1231 insurance coverage, the agency may deny or revoke the exemption
1232 from licensure under this subsection.
1233 (b) Notwithstanding paragraph (a) this subsection, an
1234 entity is shall be deemed a clinic and must be licensed under
1235 this part in order to receive medical payments coverage
1236 reimbursement under s. 627.7265 unless the entity is: the
1237 Florida Motor Vehicle No-Fault Law, ss. 627.730-627.7405, unless
1238 exempted under s. 627.736(5)(h).
1239 1. Wholly owned by a physician licensed under chapter 458
1240 or chapter 459, or by the physician and the spouse, parent,
1241 child, or sibling of the physician;
1242 2. Wholly owned by a dentist licensed under chapter 466, or
1243 by the dentist and the spouse, parent, child, or sibling of the
1244 dentist;
1245 3. Wholly owned by a chiropractic physician licensed under
1246 chapter 460, or by the chiropractic physician and the spouse,
1247 parent, child, or sibling of the chiropractic physician;
1248 4. A hospital or ambulatory surgical center licensed under
1249 chapter 395;
1250 5. An entity that wholly owns or is wholly owned, directly
1251 or indirectly, by a hospital or hospitals licensed under chapter
1252 395;
1253 6. A clinical facility affiliated with an accredited
1254 medical school at which training is provided for medical
1255 students, residents, or fellows;
1256 7. Certified under 42 C.F.R. part 485, subpart H; or
1257 8. Owned by a publicly traded corporation, either directly
1258 or indirectly through its subsidiaries, which has $250 million
1259 or more in total annual sales of health care services provided
1260 by licensed health care practitioners, if one or more of the
1261 persons responsible for the operations of the entity are health
1262 care practitioners who are licensed in this state and are
1263 responsible for supervising the business activities of the
1264 entity and the entity’s compliance with state law for purposes
1265 of this section.
1266 Section 26. Subsection (6) of section 400.991, Florida
1267 Statutes, is amended to read:
1268 400.991 License requirements; background screenings;
1269 prohibitions.—
1270 (6) All agency forms for licensure application or exemption
1271 from licensure under this part must contain the following
1272 statement:
1273
1274 INSURANCE FRAUD NOTICE.—A person commits a fraudulent
1275 insurance act, as defined in s. 626.989, Florida
1276 Statutes, if the person who knowingly submits a false,
1277 misleading, or fraudulent application or other
1278 document when applying for licensure as a health care
1279 clinic, seeking an exemption from licensure as a
1280 health care clinic, or demonstrating compliance with
1281 part X of chapter 400, Florida Statutes, with the
1282 intent to use the license, exemption from licensure,
1283 or demonstration of compliance to provide services or
1284 seek reimbursement under a motor vehicle liability
1285 insurance policy’s medical payments coverage the
1286 Florida Motor Vehicle No-Fault Law, commits a
1287 fraudulent insurance act, as defined in s. 626.989,
1288 Florida Statutes. A person who presents a claim for
1289 benefits under medical payments coverage, personal
1290 injury protection benefits knowing that the payee
1291 knowingly submitted such health care clinic
1292 application or document, commits insurance fraud, as
1293 defined in s. 817.234, Florida Statutes.
1294
1295 Section 27. Paragraph (g) of subsection (1) of section
1296 400.9935, Florida Statutes, is amended to read:
1297 400.9935 Clinic responsibilities.—
1298 (1) Each clinic shall appoint a medical director or clinic
1299 director who shall agree in writing to accept legal
1300 responsibility for the following activities on behalf of the
1301 clinic. The medical director or the clinic director shall:
1302 (g) Conduct systematic reviews of clinic billings to ensure
1303 that the billings are not fraudulent or unlawful. Upon discovery
1304 of an unlawful charge, the medical director or clinic director
1305 shall take immediate corrective action. If the clinic performs
1306 only the technical component of magnetic resonance imaging,
1307 static radiographs, computed tomography, or positron emission
1308 tomography, and provides the professional interpretation of such
1309 services, in a fixed facility that is accredited by a national
1310 accrediting organization that is approved by the Centers for
1311 Medicare and Medicaid Services for magnetic resonance imaging
1312 and advanced diagnostic imaging services and if, in the
1313 preceding quarter, the percentage of scans performed by that
1314 clinic which was billed to motor vehicle all personal injury
1315 protection insurance carriers under medical payments coverage
1316 was less than 15 percent, the chief financial officer of the
1317 clinic may, in a written acknowledgment provided to the agency,
1318 assume the responsibility for the conduct of the systematic
1319 reviews of clinic billings to ensure that the billings are not
1320 fraudulent or unlawful.
1321 Section 28. Subsection (28) of section 409.901, Florida
1322 Statutes, is amended to read:
1323 409.901 Definitions; ss. 409.901-409.920.—As used in ss.
1324 409.901-409.920, except as otherwise specifically provided, the
1325 term:
1326 (28) “Third-party benefit” means any benefit that is or may
1327 be available at any time through contract, court award,
1328 judgment, settlement, agreement, or any arrangement between a
1329 third party and any person or entity, including, without
1330 limitation, a Medicaid recipient, a provider, another third
1331 party, an insurer, or the agency, for any Medicaid-covered
1332 injury, illness, goods, or services, including costs of medical
1333 services related thereto, for bodily personal injury or for
1334 death of the recipient, but specifically excluding policies of
1335 life insurance policies on the recipient, unless available under
1336 terms of the policy to pay medical expenses before prior to
1337 death. The term includes, without limitation, collateral, as
1338 defined in this section;, health insurance;, any benefit under a
1339 health maintenance organization, a preferred provider
1340 arrangement, a prepaid health clinic, liability insurance,
1341 uninsured motorist insurance, or medical payments coverage; or
1342 personal injury protection coverage, medical benefits under
1343 workers’ compensation, and any obligation under law or equity to
1344 provide medical support.
1345 Section 29. Paragraph (f) of subsection (11) of section
1346 409.910, Florida Statutes, is amended to read:
1347 409.910 Responsibility for payments on behalf of Medicaid
1348 eligible persons when other parties are liable.—
1349 (11) The agency may, as a matter of right, in order to
1350 enforce its rights under this section, institute, intervene in,
1351 or join any legal or administrative proceeding in its own name
1352 in one or more of the following capacities: individually, as
1353 subrogee of the recipient, as assignee of the recipient, or as
1354 lienholder of the collateral.
1355 (f) Notwithstanding any provision in this section to the
1356 contrary, in the event of an action in tort against a third
1357 party in which the recipient or his or her legal representative
1358 is a party which results in a judgment, award, or settlement
1359 from a third party, the amount recovered shall be distributed as
1360 follows:
1361 1. After attorney attorney’s fees and taxable costs as
1362 defined by the Florida Rules of Civil Procedure, one-half of the
1363 remaining recovery shall be paid to the agency up to the total
1364 amount of medical assistance provided by Medicaid.
1365 2. The remaining amount of the recovery shall be paid to
1366 the recipient.
1367 3. For purposes of calculating the agency’s recovery of
1368 medical assistance benefits paid, the fee for services of an
1369 attorney retained by the recipient or his or her legal
1370 representative shall be calculated at 25 percent of the
1371 judgment, award, or settlement.
1372 4. Notwithstanding any other provision of this section to
1373 the contrary, the agency shall be entitled to all medical
1374 coverage benefits up to the total amount of medical assistance
1375 provided by Medicaid. For purposes of this paragraph, the term
1376 “medical coverage” means any benefits under health insurance, a
1377 health maintenance organization, a preferred provider
1378 arrangement, or a prepaid health clinic, and the portion of
1379 benefits designated for medical payments under coverage for
1380 workers’ compensation coverage, motor vehicle insurance
1381 coverage, personal injury protection, and casualty coverage.
1382 Section 30. Paragraph (k) of subsection (2) of section
1383 456.057, Florida Statutes, is amended to read:
1384 456.057 Ownership and control of patient records; report or
1385 copies of records to be furnished; disclosure of information.—
1386 (2) As used in this section, the terms “records owner,”
1387 “health care practitioner,” and “health care practitioner’s
1388 employer” do not include any of the following persons or
1389 entities; furthermore, the following persons or entities are not
1390 authorized to acquire or own medical records, but are authorized
1391 under the confidentiality and disclosure requirements of this
1392 section to maintain those documents required by the part or
1393 chapter under which they are licensed or regulated:
1394 (k) Persons or entities practicing under s. 627.7265 s.
1395 627.736(7).
1396 Section 31. Paragraphs (ee) and (ff) of subsection (1) of
1397 section 456.072, Florida Statutes, are amended to read:
1398 456.072 Grounds for discipline; penalties; enforcement.—
1399 (1) The following acts shall constitute grounds for which
1400 the disciplinary actions specified in subsection (2) may be
1401 taken:
1402 (ee) With respect to making a medical payments coverage
1403 personal injury protection claim under s. 627.7265 as required
1404 by s. 627.736, intentionally submitting a claim, statement, or
1405 bill that has been upcoded. As used in this paragraph, the term
1406 “upcoded” means an action that submits a billing code that would
1407 result in payment greater in amount than would be paid using a
1408 billing code that accurately describes the services performed.
1409 The term does not include an otherwise lawful bill by a magnetic
1410 resonance imaging facility, which globally combines both
1411 technical and professional components, if the amount of the
1412 global bill is not more than the components if billed
1413 separately; however, payment of such a bill constitutes payment
1414 in full for all components of such service “upcoded” as defined
1415 in s. 627.732.
1416 (ff) With respect to making a medical payments coverage
1417 personal injury protection claim as required under s. 627.7265
1418 by s. 627.736, intentionally submitting a claim, statement, or
1419 bill for payment of services that were not rendered.
1420 Section 32. Paragraphs (i) and (o) of subsection (1) of
1421 section 626.9541, Florida Statutes, are amended to read:
1422 626.9541 Unfair methods of competition and unfair or
1423 deceptive acts or practices defined.—
1424 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
1425 ACTS.—The following are defined as unfair methods of competition
1426 and unfair or deceptive acts or practices:
1427 (i) Unfair claim settlement practices.—
1428 1. Attempting to settle claims on the basis of an
1429 application, when serving as a binder or intended to become a
1430 part of the policy, or any other material document which was
1431 altered without notice to, or knowledge or consent of, the
1432 insured;
1433 2. A material misrepresentation made to an insured or any
1434 other person having an interest in the proceeds payable under
1435 such contract or policy, for the purpose and with the intent of
1436 effecting settlement of such claims, loss, or damage under such
1437 contract or policy on less favorable terms than those provided
1438 in, and contemplated by, such contract or policy; or
1439 3. Committing or performing with such frequency as to
1440 indicate a general business practice any of the following:
1441 a. Failing to adopt and implement standards for the proper
1442 investigation of claims;
1443 b. Misrepresenting pertinent facts or insurance policy
1444 provisions relating to coverages at issue;
1445 c. Failing to acknowledge and act promptly upon
1446 communications with respect to claims;
1447 d. Denying claims without conducting reasonable
1448 investigations based upon available information;
1449 e. Failing to affirm or deny full or partial coverage of
1450 claims, and, as to partial coverage, the dollar amount or extent
1451 of coverage, or failing to provide a written statement that the
1452 claim is being investigated, upon the written request of the
1453 insured within 30 days after proof-of-loss statements have been
1454 completed;
1455 f. Failing to promptly provide a reasonable explanation in
1456 writing to the insured of the basis in the insurance policy, in
1457 relation to the facts or applicable law, for denial of a claim
1458 or for the offer of a compromise settlement;
1459 g. Failing to promptly notify the insured of any additional
1460 information necessary for the processing of a claim; or
1461 h. Failing to clearly explain the nature of the requested
1462 information and the reasons why such information is necessary.
1463 i. Failing to pay personal injury protection insurance
1464 claims within the time periods required by s. 627.736(4)(b). The
1465 office may order the insurer to pay restitution to a
1466 policyholder, medical provider, or other claimant, including
1467 interest at a rate consistent with the amount set forth in s.
1468 55.03(1), for the time period within which an insurer fails to
1469 pay claims as required by law. Restitution is in addition to any
1470 other penalties allowed by law, including, but not limited to,
1471 the suspension of the insurer’s certificate of authority.
1472 4. Failing to pay undisputed amounts of partial or full
1473 benefits owed under first-party property insurance policies
1474 within 90 days after an insurer receives notice of a residential
1475 property insurance claim, determines the amounts of partial or
1476 full benefits, and agrees to coverage, unless payment of the
1477 undisputed benefits is prevented by an act of God, prevented by
1478 the impossibility of performance, or due to actions by the
1479 insured or claimant that constitute fraud, lack of cooperation,
1480 or intentional misrepresentation regarding the claim for which
1481 benefits are owed.
1482 (o) Illegal dealings in premiums; excess or reduced charges
1483 for insurance.—
1484 1. Knowingly collecting any sum as a premium or charge for
1485 insurance, which is not then provided, or is not in due course
1486 to be provided, subject to acceptance of the risk by the
1487 insurer, by an insurance policy issued by an insurer as
1488 permitted by this code.
1489 2. Knowingly collecting as a premium or charge for
1490 insurance any sum in excess of or less than the premium or
1491 charge applicable to such insurance, in accordance with the
1492 applicable classifications and rates as filed with and approved
1493 by the office, and as specified in the policy; or, in cases when
1494 classifications, premiums, or rates are not required by this
1495 code to be so filed and approved, premiums and charges collected
1496 from a Florida resident in excess of or less than those
1497 specified in the policy and as fixed by the insurer.
1498 Notwithstanding any other provision of law, this provision shall
1499 not be deemed to prohibit the charging and collection, by
1500 surplus lines agents licensed under part VIII of this chapter,
1501 of the amount of applicable state and federal taxes, or fees as
1502 authorized by s. 626.916(4), in addition to the premium required
1503 by the insurer or the charging and collection, by licensed
1504 agents, of the exact amount of any discount or other such fee
1505 charged by a credit card facility in connection with the use of
1506 a credit card, as authorized by subparagraph (q)3., in addition
1507 to the premium required by the insurer. This subparagraph shall
1508 not be construed to prohibit collection of a premium for a
1509 universal life or a variable or indeterminate value insurance
1510 policy made in accordance with the terms of the contract.
1511 3.a. Imposing or requesting an additional premium for
1512 bodily injury liability coverage, property damage liability
1513 coverage a policy of motor vehicle liability, personal injury
1514 protection, medical payments coverage payment, or collision
1515 coverage in a motor vehicle liability insurance policy insurance
1516 or any combination thereof or refusing to renew the policy
1517 solely because the insured was involved in a motor vehicle
1518 accident unless the insurer’s file contains information from
1519 which the insurer in good faith determines that the insured was
1520 substantially at fault in the accident.
1521 b. An insurer which imposes and collects such a surcharge
1522 or which refuses to renew such policy shall, in conjunction with
1523 the notice of premium due or notice of nonrenewal, notify the
1524 named insured that he or she is entitled to reimbursement of
1525 such amount or renewal of the policy under the conditions listed
1526 below and will subsequently reimburse him or her or renew the
1527 policy, if the named insured demonstrates that the operator
1528 involved in the accident was:
1529 (I) Lawfully parked;
1530 (II) Reimbursed by, or on behalf of, a person responsible
1531 for the accident or has a judgment against such person;
1532 (III) Struck in the rear by another vehicle headed in the
1533 same direction and was not convicted of a moving traffic
1534 violation in connection with the accident;
1535 (IV) Hit by a “hit-and-run” driver, if the accident was
1536 reported to the proper authorities within 24 hours after
1537 discovering the accident;
1538 (V) Not convicted of a moving traffic violation in
1539 connection with the accident, but the operator of the other
1540 automobile involved in such accident was convicted of a moving
1541 traffic violation;
1542 (VI) Finally adjudicated not to be liable by a court of
1543 competent jurisdiction;
1544 (VII) In receipt of a traffic citation which was dismissed
1545 or nolle prossed; or
1546 (VIII) Not at fault as evidenced by a written statement
1547 from the insured establishing facts demonstrating lack of fault
1548 which are not rebutted by information in the insurer’s file from
1549 which the insurer in good faith determines that the insured was
1550 substantially at fault.
1551 c. In addition to the other provisions of this
1552 subparagraph, an insurer may not fail to renew a policy if the
1553 insured has had only one accident in which he or she was at
1554 fault within the current 3-year period. However, an insurer may
1555 nonrenew a policy for reasons other than accidents in accordance
1556 with s. 627.728. This subparagraph does not prohibit nonrenewal
1557 of a policy under which the insured has had three or more
1558 accidents, regardless of fault, during the most recent 3-year
1559 period.
1560 4. Imposing or requesting an additional premium for, or
1561 refusing to renew, a policy for motor vehicle insurance solely
1562 because the insured committed a noncriminal traffic infraction
1563 as described in s. 318.14 unless the infraction is:
1564 a. A second infraction committed within an 18-month period,
1565 or a third or subsequent infraction committed within a 36-month
1566 period.
1567 b. A violation of s. 316.183, when such violation is a
1568 result of exceeding the lawful speed limit by more than 15 miles
1569 per hour.
1570 5. Upon the request of the insured, the insurer and
1571 licensed agent shall supply to the insured the complete proof of
1572 fault or other criteria which justifies the additional charge or
1573 cancellation.
1574 6. No insurer shall impose or request an additional premium
1575 for motor vehicle insurance, cancel or refuse to issue a policy,
1576 or refuse to renew a policy because the insured or the applicant
1577 is a handicapped or physically disabled person, so long as such
1578 handicap or physical disability does not substantially impair
1579 such person’s mechanically assisted driving ability.
1580 7. No insurer may cancel or otherwise terminate any
1581 insurance contract or coverage, or require execution of a
1582 consent to rate endorsement, during the stated policy term for
1583 the purpose of offering to issue, or issuing, a similar or
1584 identical contract or coverage to the same insured with the same
1585 exposure at a higher premium rate or continuing an existing
1586 contract or coverage with the same exposure at an increased
1587 premium.
1588 8. No insurer may issue a nonrenewal notice on any
1589 insurance contract or coverage, or require execution of a
1590 consent to rate endorsement, for the purpose of offering to
1591 issue, or issuing, a similar or identical contract or coverage
1592 to the same insured at a higher premium rate or continuing an
1593 existing contract or coverage at an increased premium without
1594 meeting any applicable notice requirements.
1595 9. No insurer shall, with respect to premiums charged for
1596 motor vehicle insurance, unfairly discriminate solely on the
1597 basis of age, sex, marital status, or scholastic achievement.
1598 10. Imposing or requesting an additional premium for motor
1599 vehicle comprehensive or uninsured motorist coverage solely
1600 because the insured was involved in a motor vehicle accident or
1601 was convicted of a moving traffic violation.
1602 11. No insurer shall cancel or issue a nonrenewal notice on
1603 any insurance policy or contract without complying with any
1604 applicable cancellation or nonrenewal provision required under
1605 the Florida Insurance Code.
1606 12. No insurer shall impose or request an additional
1607 premium, cancel a policy, or issue a nonrenewal notice on any
1608 insurance policy or contract because of any traffic infraction
1609 when adjudication has been withheld and no points have been
1610 assessed pursuant to s. 318.14(9) and (10). However, this
1611 subparagraph does not apply to traffic infractions involving
1612 accidents in which the insurer has incurred a loss due to the
1613 fault of the insured.
1614 Section 33. Paragraph (a) of subsection (1) of section
1615 626.989, Florida Statutes, is amended to read:
1616 626.989 Investigation by department or Division of
1617 Investigative and Forensic Services; compliance; immunity;
1618 confidential information; reports to division; division
1619 investigator’s power of arrest.—
1620 (1) For the purposes of this section:
1621 (a) A person commits a “fraudulent insurance act” if the
1622 person:
1623 1. Knowingly and with intent to defraud presents, causes to
1624 be presented, or prepares with knowledge or belief that it will
1625 be presented, to or by an insurer, self-insurer, self-insurance
1626 fund, servicing corporation, purported insurer, broker, or any
1627 agent thereof, any written statement as part of, or in support
1628 of, an application for the issuance of, or the rating of, any
1629 insurance policy, or a claim for payment or other benefit
1630 pursuant to any insurance policy, which the person knows to
1631 contain materially false information concerning any fact
1632 material thereto or if the person conceals, for the purpose of
1633 misleading another, information concerning any fact material
1634 thereto.
1635 2. Knowingly submits:
1636 a. A false, misleading, or fraudulent application or other
1637 document when applying for licensure as a health care clinic,
1638 seeking an exemption from licensure as a health care clinic, or
1639 demonstrating compliance with part X of chapter 400 with an
1640 intent to use the license, exemption from licensure, or
1641 demonstration of compliance to provide services or seek
1642 reimbursement under a motor vehicle liability insurance policy’s
1643 medical payments coverage the Florida Motor Vehicle No-Fault
1644 Law.
1645 b. A claim for payment or other benefit under medical
1646 payments coverage pursuant to a personal injury protection
1647 insurance policy under the Florida Motor Vehicle No-Fault Law if
1648 the person knows that the payee knowingly submitted a false,
1649 misleading, or fraudulent application or other document when
1650 applying for licensure as a health care clinic, seeking an
1651 exemption from licensure as a health care clinic, or
1652 demonstrating compliance with part X of chapter 400.
1653 Section 34. Subsection (1) of section 627.06501, Florida
1654 Statutes, is amended to read:
1655 627.06501 Insurance discounts for certain persons
1656 completing driver improvement course.—
1657 (1) Any rate, rating schedule, or rating manual for the
1658 liability, medical payments personal injury protection, and
1659 collision coverages of a motor vehicle insurance policy filed
1660 with the office may provide for an appropriate reduction in
1661 premium charges as to such coverages if when the principal
1662 operator on the covered vehicle has successfully completed a
1663 driver improvement course approved and certified by the
1664 Department of Highway Safety and Motor Vehicles which is
1665 effective in reducing crash or violation rates, or both, as
1666 determined pursuant to s. 318.1451(5). Any discount, not to
1667 exceed 10 percent, used by an insurer is presumed to be
1668 appropriate unless credible data demonstrates otherwise.
1669 Section 35. Subsection (1) of section 627.0652, Florida
1670 Statutes, is amended to read:
1671 627.0652 Insurance discounts for certain persons completing
1672 safety course.—
1673 (1) Any rates, rating schedules, or rating manuals for the
1674 liability, medical payments personal injury protection, and
1675 collision coverages of a motor vehicle insurance policy filed
1676 with the office must shall provide for an appropriate reduction
1677 in premium charges as to such coverages if when the principal
1678 operator on the covered vehicle is an insured 55 years of age or
1679 older who has successfully completed a motor vehicle accident
1680 prevention course approved by the Department of Highway Safety
1681 and Motor Vehicles. Any discount used by an insurer is presumed
1682 to be appropriate unless credible data demonstrates otherwise.
1683 Section 36. Subsections (1), (3), and (6) of section
1684 627.0653, Florida Statutes, are amended to read:
1685 627.0653 Insurance discounts for specified motor vehicle
1686 equipment.—
1687 (1) Any rates, rating schedules, or rating manuals for the
1688 liability, medical payments personal injury protection, and
1689 collision coverages of a motor vehicle insurance policy filed
1690 with the office must shall provide a premium discount if the
1691 insured vehicle is equipped with factory-installed, four-wheel
1692 antilock brakes.
1693 (3) Any rates, rating schedules, or rating manuals for
1694 personal injury protection coverage and medical payments
1695 coverage, if offered, of a motor vehicle insurance policy filed
1696 with the office must shall provide a premium discount if the
1697 insured vehicle is equipped with one or more air bags that which
1698 are factory installed.
1699 (6) The Office of Insurance Regulation may approve a
1700 premium discount to any rates, rating schedules, or rating
1701 manuals for the liability, medical payments personal injury
1702 protection, and collision coverages of a motor vehicle insurance
1703 policy filed with the office if the insured vehicle is equipped
1704 with autonomous driving technology or electronic vehicle
1705 collision avoidance technology that is factory installed or a
1706 retrofitted system and that complies with National Highway
1707 Traffic Safety Administration standards.
1708 Section 37. Section 627.4132, Florida Statutes, is amended
1709 to read:
1710 627.4132 Stacking of coverages prohibited.—If an insured or
1711 named insured is protected by any type of motor vehicle
1712 insurance policy for bodily injury and property damage
1713 liability, personal injury protection, or other coverage, the
1714 policy must shall provide that the insured or named insured is
1715 protected only to the extent of the coverage she or he has on
1716 the vehicle involved in the accident. However, if none of the
1717 insured’s or named insured’s vehicles are is involved in the
1718 accident, coverage is available only to the extent of coverage
1719 on any one of the vehicles with applicable coverage. Coverage on
1720 any other vehicles may shall not be added to or stacked upon
1721 that coverage. This section does not apply:
1722 (1) To uninsured motorist coverage that which is separately
1723 governed by s. 627.727.
1724 (2) To reduce the coverage available by reason of insurance
1725 policies insuring different named insureds.
1726 Section 38. Section 627.7263, Florida Statutes, is amended
1727 to read:
1728 627.7263 Rental and leasing driver’s insurance to be
1729 primary; exception.—
1730 (1) The valid and collectible liability insurance and
1731 medical payments coverage or personal injury protection
1732 insurance providing coverage for the lessor of a motor vehicle
1733 for rent or lease is primary unless otherwise stated in at least
1734 10-point type on the face of the rental or lease agreement. Such
1735 insurance is primary for the limits of liability and personal
1736 injury protection coverage as required by s. 324.021(7) and the
1737 medical payments coverage limit specified under s. 627.7265 ss.
1738 324.021(7) and 627.736.
1739 (2) If the lessee’s coverage is to be primary, the rental
1740 or lease agreement must contain the following language, in at
1741 least 10-point type:
1742
1743 “The valid and collectible liability insurance and
1744 medical payments coverage personal injury protection
1745 insurance of an any authorized rental or leasing
1746 driver is primary for the limits of liability and
1747 personal injury protection coverage required under
1748 section 324.021(7), Florida Statutes, and the medical
1749 payments coverage limit specified under section
1750 627.7265 by ss. 324.021(7) and 627.736, Florida
1751 Statutes.”
1752 Section 39. Section 627.7265, Florida Statutes, is created
1753 to read:
1754 627.7265 Motor vehicle insurance; medical payments
1755 coverage.—
1756 (1) Medical payments coverage must protect the named
1757 insured, resident relatives, persons operating the insured motor
1758 vehicle, passengers in the insured motor vehicle, and persons
1759 who are struck by the insured motor vehicle and suffer bodily
1760 injury while not an occupant of a self-propelled motor vehicle
1761 at a limit of at least $5,000 for medical expense incurred due
1762 to bodily injury, sickness, or disease arising out of the
1763 ownership, maintenance, or use of a motor vehicle. The coverage
1764 must provide an additional death benefit of at least $5,000.
1765 (a) Before issuing a motor vehicle liability insurance
1766 policy that is furnished as proof of financial responsibility
1767 under s. 324.031, the insurer must offer medical payments
1768 coverage at limits of $5,000 and $10,000. The insurer may also
1769 offer medical payments coverage at limits greater than $5,000.
1770 (b) The medical payments coverage must be offered with an
1771 option with no deductible. The insurer may also offer medical
1772 payments coverage with a deductible not to exceed $500.
1773 (c) Each motor vehicle liability insurance policy that is
1774 furnished as proof of financial responsibility under s. 324.0031
1775 is deemed to have:
1776 1. Medical payments coverage to a limit of $10,000, unless
1777 the insurer obtains the policyholder’s written refusal of
1778 medical payments coverage or written selection of medical
1779 payments coverage at a limit other than $10,000. The rejection
1780 or selection of coverage at a limit other than $10,000 must be
1781 made on a form approved by the office.
1782 2. No medical payments coverage deductible, unless the
1783 insurer obtains the policyholder’s written selection of a
1784 deductible of up to $500. The selection of a deductible must be
1785 made on a form approved by the office.
1786 (d)1. The forms in subparagraphs (c)1. and 2. must fully
1787 advise the applicant of the nature of the coverage being
1788 rejected or the policy limit or deductible being selected. If
1789 such form is signed by a named insured, it is conclusively
1790 presumed that there was an informed, knowing rejection of the
1791 coverage or election of the policy limit or deductible selected.
1792 2. Unless the policyholder requests in writing the coverage
1793 specified in this section, it need not be provided in or
1794 supplemental to any other policy that renews, insures, extends,
1795 changes, supersedes, or replaces an existing policy if the
1796 policyholder has rejected the coverage specified in this section
1797 or has selected an alternative coverage limit or deductible. At
1798 least annually, the insurer shall provide the policyholder with
1799 a notice of the availability of such coverage in a form approved
1800 by the office. Such notice must be part of, and attached to, the
1801 notice of premium and must provide for a means to allow the
1802 insured to request medical payments coverage at the limits and
1803 deductibles required to be offered under this section. The
1804 notice must be given in a manner approved by the office. Receipt
1805 of this notice does not constitute an affirmative waiver of the
1806 insured’s right to medical payments coverage if the insured has
1807 not signed a selection or rejection form.
1808 (e) This section may not be construed to limit any other
1809 coverage made available by an insurer.
1810 (2) Upon receiving notice of an accident that is
1811 potentially covered by medical payments coverage benefits, the
1812 insurer must reserve $5,000 of medical payments coverage
1813 benefits for payment to physicians licensed under chapter 458 or
1814 chapter 459 or dentists licensed under chapter 466 who provide
1815 emergency services and care, as defined in s. 395.002, or who
1816 provide hospital inpatient care. The amount required to be held
1817 in reserve may be used only to pay claims from such physicians
1818 or dentists until 30 days after the date the insurer receives
1819 notice of the accident. After the 30-day period, any amount of
1820 the reserve for which the insurer has not received notice of
1821 such claims may be used by the insurer to pay other claims. This
1822 subsection does not require an insurer to establish a claim
1823 reserve for insurance accounting purposes.
1824 (3) An insurer providing medical payments coverage benefits
1825 may not have a:
1826 (a) Lien on any recovery in tort by judgment, settlement,
1827 or otherwise for medical payments coverage benefits, whether
1828 suit has been filed or settlement has been reached without suit;
1829 (b) Cause of action against an alleged tortfeasor for
1830 benefits paid under medical payments coverage; or
1831 (c) Cause of action against a person to whom or for whom
1832 medical payments coverage benefits were paid, except when
1833 medical payments coverage benefits are paid by reason of fraud
1834 by such person.
1835 Section 40. Subsections (1) and (7) of section 627.727,
1836 Florida Statutes, are amended, and present subsections (8), (9),
1837 and (10) of that section are redesignated as subsections (7),
1838 (8), and (9), respectively, to read:
1839 627.727 Motor vehicle insurance; uninsured and underinsured
1840 vehicle coverage; insolvent insurer protection.—
1841 (1) A No motor vehicle liability insurance policy that
1842 which provides bodily injury liability coverage may not shall be
1843 delivered or issued for delivery in this state with respect to
1844 any specifically insured or identified motor vehicle registered
1845 or principally garaged in this state, unless uninsured motor
1846 vehicle coverage is provided therein or supplemental thereto for
1847 the protection of persons insured thereunder who are legally
1848 entitled to recover damages from owners or operators of
1849 uninsured motor vehicles because of bodily injury, sickness, or
1850 disease, including death, resulting therefrom. However, the
1851 coverage required under this section is not applicable if when,
1852 or to the extent that, an insured named in the policy makes a
1853 written rejection of the coverage on behalf of all insureds
1854 under the policy. If When a motor vehicle is leased for a period
1855 of 1 year or longer and the lessor of such vehicle, by the terms
1856 of the lease contract, provides liability coverage on the leased
1857 vehicle, the lessee of such vehicle has shall have the sole
1858 privilege to reject uninsured motorist coverage or to select
1859 lower limits than the bodily injury liability limits, regardless
1860 of whether the lessor is qualified as a self-insurer pursuant to
1861 s. 324.171. Unless an insured, or a lessee having the privilege
1862 of rejecting uninsured motorist coverage, requests such coverage
1863 or requests higher uninsured motorist limits in writing, the
1864 coverage or such higher uninsured motorist limits need not be
1865 provided in or supplemental to any other policy that which
1866 renews, extends, changes, supersedes, or replaces an existing
1867 policy with the same bodily injury liability limits when an
1868 insured or lessee had rejected the coverage. When an insured or
1869 lessee has initially selected limits of uninsured motorist
1870 coverage lower than her or his bodily injury liability limits,
1871 higher limits of uninsured motorist coverage need not be
1872 provided in or supplemental to any other policy that which
1873 renews, extends, changes, supersedes, or replaces an existing
1874 policy with the same bodily injury liability limits unless an
1875 insured requests higher uninsured motorist coverage in writing.
1876 The rejection or selection of lower limits must shall be made on
1877 a form approved by the office. The form must shall fully advise
1878 the applicant of the nature of the coverage and must shall state
1879 that the coverage is equal to bodily injury liability limits
1880 unless lower limits are requested or the coverage is rejected.
1881 The heading of the form must shall be in 12-point bold type and
1882 must shall state: “You are electing not to purchase certain
1883 valuable coverage that which protects you and your family or you
1884 are purchasing uninsured motorist limits less than your bodily
1885 injury liability limits when you sign this form. Please read
1886 carefully.” If this form is signed by a named insured, it will
1887 be conclusively presumed that there was an informed, knowing
1888 rejection of coverage or election of lower limits on behalf of
1889 all insureds. The insurer shall notify the named insured at
1890 least annually of her or his options as to the coverage required
1891 by this section. Such notice must shall be part of, and attached
1892 to, the notice of premium, must shall provide for a means to
1893 allow the insured to request such coverage, and must shall be
1894 given in a manner approved by the office. Receipt of this notice
1895 does not constitute an affirmative waiver of the insured’s right
1896 to uninsured motorist coverage if where the insured has not
1897 signed a selection or rejection form. The coverage described
1898 under this section must shall be over and above, but may shall
1899 not duplicate, the benefits available to an insured under any
1900 workers’ compensation law, personal injury protection benefits,
1901 disability benefits law, or similar law; under any automobile
1902 medical payments expense coverage; under any motor vehicle
1903 liability insurance coverage; or from the owner or operator of
1904 the uninsured motor vehicle or any other person or organization
1905 jointly or severally liable together with such owner or operator
1906 for the accident,; and such coverage must shall cover the
1907 difference, if any, between the sum of such benefits and the
1908 damages sustained, up to the maximum amount of such coverage
1909 provided under this section. The amount of coverage available
1910 under this section may shall not be reduced by a setoff against
1911 any coverage, including liability insurance. Such coverage does
1912 shall not inure directly or indirectly to the benefit of any
1913 workers’ compensation or disability benefits carrier or any
1914 person or organization qualifying as a self-insurer under any
1915 workers’ compensation or disability benefits law or similar law.
1916 (7) The legal liability of an uninsured motorist coverage
1917 insurer does not include damages in tort for pain, suffering,
1918 mental anguish, and inconvenience unless the injury or disease
1919 is described in one or more of paragraphs (a)-(d) of s.
1920 627.737(2).
1921 Section 41. Subsection (1) and paragraphs (a) and (b) of
1922 subsection (2) of section 627.7275, Florida Statutes, are
1923 amended to read:
1924 627.7275 Motor vehicle liability.—
1925 (1) A motor vehicle insurance policy providing personal
1926 injury protection as set forth in s. 627.736 may not be
1927 delivered or issued for delivery in this state for a with
1928 respect to any specifically insured or identified motor vehicle
1929 registered or principally garaged in this state must provide
1930 bodily injury liability coverage and unless the policy also
1931 provides coverage for property damage liability coverage as
1932 required under by s. 324.022.
1933 (2)(a) Insurers writing motor vehicle insurance in this
1934 state shall make available, subject to the insurers’ usual
1935 underwriting restrictions:
1936 1. Coverage under policies as described in subsection (1)
1937 to an applicant for private passenger motor vehicle insurance
1938 coverage who is seeking the coverage in order to reinstate the
1939 applicant’s driving privileges in this state if the driving
1940 privileges were revoked or suspended pursuant to s. 316.646 or
1941 s. 324.0221 due to the failure of the applicant to maintain
1942 required security.
1943 2. Coverage under policies as described in subsection (1),
1944 which includes bodily injury also provides liability coverage
1945 and property damage liability coverage, for bodily injury,
1946 death, and property damage arising out of the ownership,
1947 maintenance, or use of the motor vehicle in an amount not less
1948 than the minimum limits required under described in s.
1949 324.021(7) or s. 324.023 and which conforms to the requirements
1950 of s. 324.151, to an applicant for private passenger motor
1951 vehicle insurance coverage who is seeking the coverage in order
1952 to reinstate the applicant’s driving privileges in this state
1953 after such privileges were revoked or suspended under s. 316.193
1954 or s. 322.26(2) for driving under the influence.
1955 (b) The policies described in paragraph (a) must shall be
1956 issued for at least 6 months and, as to the minimum coverages
1957 required under this section, may not be canceled by the insured
1958 for any reason or by the insurer after 60 days, during which
1959 period the insurer is completing the underwriting of the policy.
1960 After the insurer has completed underwriting the policy, the
1961 insurer shall notify the Department of Highway Safety and Motor
1962 Vehicles that the policy is in full force and effect and is not
1963 cancelable for the remainder of the policy period. A premium
1964 must shall be collected and the coverage is in effect for the
1965 60-day period during which the insurer is completing the
1966 underwriting of the policy, whether or not the person’s driver
1967 license, motor vehicle tag, and motor vehicle registration are
1968 in effect. Once the noncancelable provisions of the policy
1969 become effective, the bodily injury liability and property
1970 damage liability coverages for bodily injury, property damage,
1971 and personal injury protection may not be reduced below the
1972 minimum limits required under s. 324.021 or s. 324.023 during
1973 the policy period.
1974 Section 42. Paragraph (a) of subsection (1) of section
1975 627.728, Florida Statutes, is amended to read:
1976 627.728 Cancellations; nonrenewals.—
1977 (1) As used in this section, the term:
1978 (a) “Policy” means the bodily injury and property damage
1979 liability, personal injury protection, medical payments,
1980 comprehensive, collision, and uninsured motorist coverage
1981 portions of a policy of motor vehicle insurance delivered or
1982 issued for delivery in this state:
1983 1. Insuring a natural person as named insured or one or
1984 more related individuals who are residents resident of the same
1985 household; and
1986 2. Insuring only a motor vehicle of the private passenger
1987 type or station wagon type which is not used as a public or
1988 livery conveyance for passengers or rented to others; or
1989 insuring any other four-wheel motor vehicle having a load
1990 capacity of 1,500 pounds or less which is not used in the
1991 occupation, profession, or business of the insured other than
1992 farming; other than any policy issued under an automobile
1993 insurance assigned risk plan or covering garage, automobile
1994 sales agency, repair shop, service station, or public parking
1995 place operation hazards.
1996
1997 The term “policy” does not include a binder as defined in s.
1998 627.420 unless the duration of the binder period exceeds 60
1999 days.
2000 Section 43. Subsection (1), paragraph (a) of subsection
2001 (5), and subsections (6) and (7) of section 627.7295, Florida
2002 Statutes, are amended to read:
2003 627.7295 Motor vehicle insurance contracts.—
2004 (1) As used in this section, the term:
2005 (a) “Policy” means a motor vehicle insurance policy that
2006 provides bodily injury liability personal injury protection
2007 coverage and, property damage liability coverage, or both.
2008 (b) “Binder” means a binder that provides motor vehicle
2009 bodily injury liability coverage personal injury protection and
2010 property damage liability coverage.
2011 (5)(a) A licensed general lines agent may charge a per
2012 policy fee up to not to exceed $10 to cover the administrative
2013 costs of the agent associated with selling the motor vehicle
2014 insurance policy if the policy covers only bodily injury
2015 liability coverage personal injury protection coverage as
2016 provided by s. 627.736 and property damage liability coverage as
2017 provided by s. 627.7275 and if no other insurance is sold or
2018 issued in conjunction with or collateral to the policy. The fee
2019 is not considered part of the premium.
2020 (6) If a motor vehicle owner’s driver license, license
2021 plate, and registration have previously been suspended pursuant
2022 to s. 316.646 or s. 627.733, an insurer may cancel a new policy
2023 only as provided in s. 627.7275.
2024 (7) A policy of private passenger motor vehicle insurance
2025 or a binder for such a policy may be initially issued in this
2026 state only if, before the effective date of such binder or
2027 policy, the insurer or agent has collected from the insured an
2028 amount equal to 2 months’ premium from the insured. An insurer,
2029 agent, or premium finance company may not, directly or
2030 indirectly, take any action that results resulting in the
2031 insured paying having paid from the insured’s own funds an
2032 amount less than the 2 months’ premium required by this
2033 subsection. This subsection applies without regard to whether
2034 the premium is financed by a premium finance company or is paid
2035 pursuant to a periodic payment plan of an insurer or an
2036 insurance agent.
2037 (a) This subsection does not apply:
2038 1. If an insured or member of the insured’s family is
2039 renewing or replacing a policy or a binder for such policy
2040 written by the same insurer or a member of the same insurer
2041 group. This subsection does not apply
2042 2. To an insurer that issues private passenger motor
2043 vehicle coverage primarily to active duty or former military
2044 personnel or their dependents. This subsection does not apply
2045 3. If all policy payments are paid pursuant to a payroll
2046 deduction plan, an automatic electronic funds transfer payment
2047 plan from the policyholder, or a recurring credit card or debit
2048 card agreement with the insurer.
2049 (b) This subsection and subsection (4) do not apply if:
2050 1. All policy payments to an insurer are paid pursuant to
2051 an automatic electronic funds transfer payment plan from an
2052 agent, a managing general agent, or a premium finance company
2053 and if the policy includes, at a minimum, bodily injury
2054 liability coverage and personal injury protection pursuant to
2055 ss. 627.730-627.7405; motor vehicle property damage liability
2056 coverage pursuant to s. 627.7275; or and bodily injury liability
2057 in at least the amount of $10,000 because of bodily injury to,
2058 or death of, one person in any one accident and in the amount of
2059 $20,000 because of bodily injury to, or death of, two or more
2060 persons in any one accident. This subsection and subsection (4)
2061 do not apply if
2062 2. An insured has had a policy in effect for at least 6
2063 months, the insured’s agent is terminated by the insurer that
2064 issued the policy, and the insured obtains coverage on the
2065 policy’s renewal date with a new company through the terminated
2066 agent.
2067 Section 44. Section 627.7415, Florida Statutes, is amended
2068 to read:
2069 627.7415 Commercial motor vehicles; additional liability
2070 insurance coverage.—Beginning January 1, 2020, commercial motor
2071 vehicles, as defined in s. 207.002 or s. 320.01, operated upon
2072 the roads and highways of this state must shall be insured with
2073 the following minimum levels of combined bodily liability
2074 insurance and property damage liability insurance in addition to
2075 any other insurance requirements:
2076 (1) Sixty Fifty thousand dollars per occurrence for a
2077 commercial motor vehicle with a gross vehicle weight of 26,000
2078 pounds or more, but less than 35,000 pounds.
2079 (2) One hundred twenty thousand dollars per occurrence for
2080 a commercial motor vehicle with a gross vehicle weight of 35,000
2081 pounds or more, but less than 44,000 pounds.
2082 (3) Three hundred thousand dollars per occurrence for a
2083 commercial motor vehicle with a gross vehicle weight of 44,000
2084 pounds or more.
2085 (4) All commercial motor vehicles subject to regulations of
2086 the United States Department of Transportation, 49 C.F.R. part
2087 387, subpart A, and as may be hereinafter amended, shall be
2088 insured in an amount equivalent to the minimum levels of
2089 financial responsibility as set forth in such regulations.
2090
2091 A violation of this section is a noncriminal traffic infraction,
2092 punishable as a nonmoving violation as provided in chapter 318.
2093 Section 45. Paragraphs (b), (c), and (g) of subsection (7)
2094 and paragraphs (a) and (b) of subsection (8) of section 627.748,
2095 Florida Statutes, are amended to read:
2096 627.748 Transportation network companies.—
2097 (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE
2098 REQUIREMENTS.—
2099 (b) The following automobile insurance requirements apply
2100 while a participating TNC driver is logged on to the digital
2101 network but is not engaged in a prearranged ride:
2102 1. Automobile insurance that provides:
2103 a. A primary automobile liability coverage of at least
2104 $50,000 for death and bodily injury per person, $100,000 for
2105 death and bodily injury per incident, and $25,000 for property
2106 damage; and
2107 b. Personal injury protection benefits that meet the
2108 minimum coverage amounts required under ss. 627.730-627.7405;
2109 and
2110 c. Uninsured and underinsured vehicle coverage as required
2111 by s. 627.727.
2112 2. The coverage requirements of this paragraph may be
2113 satisfied by any of the following:
2114 a. Automobile insurance maintained by the TNC driver;
2115 b. Automobile insurance maintained by the TNC; or
2116 c. A combination of sub-subparagraphs a. and b.
2117 (c) The following automobile insurance requirements apply
2118 while a TNC driver is engaged in a prearranged ride:
2119 1. Automobile insurance that provides:
2120 a. A primary automobile liability coverage of at least $1
2121 million for death, bodily injury, and property damage; and
2122 b. Personal injury protection benefits that meet the
2123 minimum coverage amounts required of a limousine under ss.
2124 627.730-627.7405; and
2125 c. Uninsured and underinsured vehicle coverage as required
2126 by s. 627.727.
2127 2. The coverage requirements of this paragraph may be
2128 satisfied by any of the following:
2129 a. Automobile insurance maintained by the TNC driver;
2130 b. Automobile insurance maintained by the TNC; or
2131 c. A combination of sub-subparagraphs a. and b.
2132 (g) Insurance satisfying the requirements under this
2133 subsection is deemed to satisfy the financial responsibility
2134 requirement for a motor vehicle under chapter 324 and the
2135 security required under s. 627.733 for any period when the TNC
2136 driver is logged onto the digital network or engaged in a
2137 prearranged ride.
2138 (8) TRANSPORTATION NETWORK COMPANY AND INSURER; DISCLOSURE;
2139 EXCLUSIONS.—
2140 (a) Before a TNC driver is allowed to accept a request for
2141 a prearranged ride on the digital network, the TNC must disclose
2142 in writing to the TNC driver:
2143 1. The insurance coverage, including the types of coverage
2144 and the limits for each coverage, which the TNC provides while
2145 the TNC driver uses a TNC vehicle in connection with the TNC’s
2146 digital network.
2147 2. That the TNC driver’s own automobile insurance policy
2148 might not provide any coverage while the TNC driver is logged on
2149 to the digital network or is engaged in a prearranged ride,
2150 depending on the terms of the TNC driver’s own automobile
2151 insurance policy.
2152 3. That the provision of rides for compensation which are
2153 not prearranged rides subjects the driver to the coverage
2154 requirements imposed under s. 324.032(1) and (2) and that
2155 failure to meet such coverage requirements subjects the TNC
2156 driver to penalties provided in s. 324.221, up to and including
2157 a misdemeanor of the second degree.
2158 (b)1. An insurer that provides an automobile liability
2159 insurance policy under this part may exclude any and all
2160 coverage afforded under the policy issued to an owner or
2161 operator of a TNC vehicle while driving that vehicle for any
2162 loss or injury that occurs while a TNC driver is logged on to a
2163 digital network or while a TNC driver provides a prearranged
2164 ride. Exclusions imposed under this subsection are limited to
2165 coverage while a TNC driver is logged on to a digital network or
2166 while a TNC driver provides a prearranged ride. This right to
2167 exclude all coverage may apply to any coverage included in an
2168 automobile insurance policy, including, but not limited to:
2169 a. Liability coverage for bodily injury and property
2170 damage;
2171 b. Uninsured and underinsured motorist coverage;
2172 c. Medical payments coverage;
2173 d. Comprehensive physical damage coverage; and
2174 e. Collision physical damage coverage; and
2175 f. Personal injury protection.
2176 2. The exclusions described in subparagraph 1. apply
2177 notwithstanding any requirement under chapter 324. These
2178 exclusions do not affect or diminish coverage otherwise
2179 available for permissive drivers or resident relatives under the
2180 personal automobile insurance policy of the TNC driver or owner
2181 of the TNC vehicle who are not occupying the TNC vehicle at the
2182 time of loss. This section does not require that a personal
2183 automobile insurance policy provide coverage while the TNC
2184 driver is logged on to a digital network, while the TNC driver
2185 is engaged in a prearranged ride, or while the TNC driver
2186 otherwise uses a vehicle to transport riders for compensation.
2187 3. This section must not be construed to require an insurer
2188 to use any particular policy language or reference to this
2189 section in order to exclude any and all coverage for any loss or
2190 injury that occurs while a TNC driver is logged on to a digital
2191 network or while a TNC driver provides a prearranged ride.
2192 4. This section does not preclude an insurer from providing
2193 primary or excess coverage for the TNC driver’s vehicle by
2194 contract or endorsement.
2195 Section 46. Section 627.8405, Florida Statutes, is amended
2196 to read:
2197 627.8405 Prohibited acts; financing companies.—A No premium
2198 finance company shall, in a premium finance agreement or other
2199 agreement, may not finance the cost of or otherwise provide for
2200 the collection or remittance of dues, assessments, fees, or
2201 other periodic payments of money for the cost of:
2202 (1) A membership in an automobile club. The term
2203 “automobile club” means a legal entity that which, in
2204 consideration of dues, assessments, or periodic payments of
2205 money, promises its members or subscribers to assist them in
2206 matters relating to the ownership, operation, use, or
2207 maintenance of a motor vehicle; however, the term this
2208 definition of “automobile club” does not include persons,
2209 associations, or corporations which are organized and operated
2210 solely for the purpose of conducting, sponsoring, or sanctioning
2211 motor vehicle races, exhibitions, or contests upon racetracks,
2212 or upon racecourses established and marked as such for the
2213 duration of such particular events. The term words “motor
2214 vehicle” used herein has have the same meaning as defined in
2215 chapter 320.
2216 (2) An accidental death and dismemberment policy sold in
2217 combination with a policy providing only bodily injury liability
2218 coverage personal injury protection and property damage
2219 liability coverage only policy.
2220 (3) Any product not regulated under the provisions of this
2221 insurance code.
2222
2223 This section also applies to premium financing by any insurance
2224 agent or insurance company under part XVI. The commission shall
2225 adopt rules to assure disclosure, at the time of sale, of
2226 coverages financed with personal injury protection and shall
2227 prescribe the form of such disclosure.
2228 Section 47. Subsection (1) of section 627.915, Florida
2229 Statutes, is amended to read:
2230 627.915 Insurer experience reporting.—
2231 (1) Each insurer transacting private passenger automobile
2232 insurance in this state shall report certain information
2233 annually to the office. The information will be due on or before
2234 July 1 of each year. The information must shall be divided into
2235 the following categories: bodily injury liability; property
2236 damage liability; uninsured motorist; personal injury protection
2237 benefits; medical payments; and comprehensive and collision. The
2238 information given must shall be on direct insurance writings in
2239 the state alone and shall represent total limits data. The
2240 information set forth in paragraphs (a)-(f) is applicable to
2241 voluntary private passenger and Joint Underwriting Association
2242 private passenger writings and must shall be reported for each
2243 of the latest 3 calendar-accident years, with an evaluation date
2244 of March 31 of the current year. The information set forth in
2245 paragraphs (g)-(j) is applicable to voluntary private passenger
2246 writings and must shall be reported on a calendar-accident year
2247 basis ultimately seven times at seven different stages of
2248 development.
2249 (a) Premiums earned for the latest 3 calendar-accident
2250 years.
2251 (b) Loss development factors and the historic development
2252 of those factors.
2253 (c) Policyholder dividends incurred.
2254 (d) Expenses for other acquisition and general expense.
2255 (e) Expenses for agents’ commissions and taxes, licenses,
2256 and fees.
2257 (f) Profit and contingency factors as utilized in the
2258 insurer’s automobile rate filings for the applicable years.
2259 (g) Losses paid.
2260 (h) Losses unpaid.
2261 (i) Loss adjustment expenses paid.
2262 (j) Loss adjustment expenses unpaid.
2263 Section 48. Subsections (2) and (3) of section 628.909,
2264 Florida Statutes, are amended to read:
2265 628.909 Applicability of other laws.—
2266 (2) The following provisions of the Florida Insurance Code
2267 apply to captive insurance companies that who are not industrial
2268 insured captive insurance companies to the extent that such
2269 provisions are not inconsistent with this part:
2270 (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
2271 624.40851, 624.4095, 624.411, 624.425, and 624.426.
2272 (b) Chapter 625, part II.
2273 (c) Chapter 626, part IX.
2274 (d) Sections 627.730-627.7405, when no-fault coverage is
2275 provided.
2276 (e) Chapter 628.
2277 (3) The following provisions of the Florida Insurance Code
2278 shall apply to industrial insured captive insurance companies to
2279 the extent that such provisions are not inconsistent with this
2280 part:
2281 (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
2282 624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1).
2283 (b) Chapter 625, part II, if the industrial insured captive
2284 insurance company is incorporated in this state.
2285 (c) Chapter 626, part IX.
2286 (d) Sections 627.730-627.7405 when no-fault coverage is
2287 provided.
2288 (e) Chapter 628, except for ss. 628.341, 628.351, and
2289 628.6018.
2290 Section 49. Subsections (2), (6), and (7) of section
2291 705.184, Florida Statutes, are amended to read:
2292 705.184 Derelict or abandoned motor vehicles on the
2293 premises of public-use airports.—
2294 (2) The airport director or the director’s designee shall
2295 contact the Department of Highway Safety and Motor Vehicles to
2296 notify that department that the airport has possession of the
2297 abandoned or derelict motor vehicle and to determine the name
2298 and address of the owner of the motor vehicle, the insurance
2299 company insuring the motor vehicle, notwithstanding the
2300 provisions of s. 627.736, and any person who has filed a lien on
2301 the motor vehicle. Within 7 business days after receipt of the
2302 information, the director or the director’s designee shall send
2303 notice by certified mail, return receipt requested, to the owner
2304 of the motor vehicle, the insurance company insuring the motor
2305 vehicle, notwithstanding the provisions of s. 627.736, and all
2306 persons of record claiming a lien against the motor vehicle. The
2307 notice must shall state the fact of possession of the motor
2308 vehicle, that charges for reasonable towing, storage, and
2309 parking fees, if any, have accrued and the amount thereof, that
2310 a lien as provided in subsection (6) will be claimed, that the
2311 lien is subject to enforcement pursuant to law, that the owner
2312 or lienholder, if any, has the right to a hearing as set forth
2313 in subsection (4), and that any motor vehicle which, at the end
2314 of 30 calendar days after receipt of the notice, has not been
2315 removed from the airport upon payment in full of all accrued
2316 charges for reasonable towing, storage, and parking fees, if
2317 any, may be disposed of as provided in s. 705.182(2)(a), (b),
2318 (d), or (e), including, but not limited to, the motor vehicle
2319 being sold free of all prior liens after 35 calendar days after
2320 the time the motor vehicle is stored if any prior liens on the
2321 motor vehicle are more than 5 years of age or after 50 calendar
2322 days after the time the motor vehicle is stored if any prior
2323 liens on the motor vehicle are 5 years of age or less.
2324 (6) The airport pursuant to this section or, if used, a
2325 licensed independent wrecker company pursuant to s. 713.78 shall
2326 have a lien on an abandoned or derelict motor vehicle for all
2327 reasonable towing, storage, and accrued parking fees, if any,
2328 except that no storage fee may shall be charged if the motor
2329 vehicle is stored less than 6 hours. As a prerequisite to
2330 perfecting a lien under this section, the airport director or
2331 the director’s designee must serve a notice in accordance with
2332 subsection (2) on the owner of the motor vehicle, the insurance
2333 company insuring the motor vehicle, notwithstanding the
2334 provisions of s. 627.736, and all persons of record claiming a
2335 lien against the motor vehicle. If attempts to notify the owner,
2336 the insurance company insuring the motor vehicle,
2337 notwithstanding the provisions of s. 627.736, or lienholders are
2338 not successful, the requirement of notice by mail shall be
2339 considered met. Serving of the notice does not dispense with
2340 recording the claim of lien.
2341 (7)(a) For the purpose of perfecting its lien under this
2342 section, the airport shall record a claim of lien which states
2343 shall state:
2344 1. The name and address of the airport.
2345 2. The name of the owner of the motor vehicle, the
2346 insurance company insuring the motor vehicle, notwithstanding
2347 the provisions of s. 627.736, and all persons of record claiming
2348 a lien against the motor vehicle.
2349 3. The costs incurred from reasonable towing, storage, and
2350 parking fees, if any.
2351 4. A description of the motor vehicle sufficient for
2352 identification.
2353 (b) The claim of lien must shall be signed and sworn to or
2354 affirmed by the airport director or the director’s designee.
2355 (c) The claim of lien is shall be sufficient if it is in
2356 substantially the following form:
2357
2358 CLAIM OF LIEN
2359 State of ........
2360 County of ........
2361 Before me, the undersigned notary public, personally appeared
2362 ........, who was duly sworn and says that he/she is the
2363 ........ of ............, whose address is........; and that the
2364 following described motor vehicle:
2365 ...(Description of motor vehicle)...
2366 owned by ........, whose address is ........, has accrued
2367 $........ in fees for a reasonable tow, for storage, and for
2368 parking, if applicable; that the lienor served its notice to the
2369 owner, the insurance company insuring the motor vehicle
2370 notwithstanding the provisions of s. 627.736, Florida Statutes,
2371 and all persons of record claiming a lien against the motor
2372 vehicle on ...., ...(year)..., by.........
2373 ...(Signature)...
2374 Sworn to (or affirmed) and subscribed before me this .... day of
2375 ...., ...(year)..., by ...(name of person making statement)....
2376 ...(Signature of Notary Public)......(Print, Type, or Stamp
2377 Commissioned name of Notary Public)...
2378 Personally Known....OR Produced....as identification.
2379
2380 However, the negligent inclusion or omission of any information
2381 in this claim of lien which does not prejudice the owner does
2382 not constitute a default that operates to defeat an otherwise
2383 valid lien.
2384 (d) The claim of lien must shall be served on the owner of
2385 the motor vehicle, the insurance company insuring the motor
2386 vehicle, notwithstanding the provisions of s. 627.736, and all
2387 persons of record claiming a lien against the motor vehicle. If
2388 attempts to notify the owner, the insurance company insuring the
2389 motor vehicle notwithstanding the provisions of s. 627.736, or
2390 lienholders are not successful, the requirement of notice by
2391 mail shall be considered met. The claim of lien must shall be so
2392 served before recordation.
2393 (e) The claim of lien must shall be recorded with the clerk
2394 of court in the county where the airport is located. The
2395 recording of the claim of lien shall be constructive notice to
2396 all persons of the contents and effect of such claim. The lien
2397 attaches shall attach at the time of recordation and takes shall
2398 take priority as of that time.
2399 Section 50. Subsection (4) of section 713.78, Florida
2400 Statutes, is amended to read:
2401 713.78 Liens for recovering, towing, or storing vehicles
2402 and vessels.—
2403 (4)(a) Any person regularly engaged in the business of
2404 recovering, towing, or storing vehicles or vessels who comes
2405 into possession of a vehicle or vessel pursuant to subsection
2406 (2), and who claims a lien for recovery, towing, or storage
2407 services, shall give notice to the registered owner, the
2408 insurance company insuring the vehicle notwithstanding the
2409 provisions of s. 627.736, and to all persons claiming a lien
2410 thereon, as disclosed by the records in the Department of
2411 Highway Safety and Motor Vehicles or as disclosed by the records
2412 of any corresponding agency in any other state in which the
2413 vehicle is identified through a records check of the National
2414 Motor Vehicle Title Information System or an equivalent
2415 commercially available system as being titled or registered.
2416 (b) If a Whenever any law enforcement agency authorizes the
2417 removal of a vehicle or vessel or if a whenever any towing
2418 service, garage, repair shop, or automotive service, storage, or
2419 parking place notifies the law enforcement agency of possession
2420 of a vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
2421 enforcement agency of the jurisdiction where the vehicle or
2422 vessel is stored shall contact the Department of Highway Safety
2423 and Motor Vehicles, or the appropriate agency of the state of
2424 registration, if known, within 24 hours through the medium of
2425 electronic communications, giving the full description of the
2426 vehicle or vessel. Upon receipt of the full description of the
2427 vehicle or vessel, the department shall search its files to
2428 determine the owner’s name, the insurance company insuring the
2429 vehicle or vessel, and whether any person has filed a lien upon
2430 the vehicle or vessel as provided in s. 319.27(2) and (3) and
2431 notify the applicable law enforcement agency within 72 hours.
2432 The person in charge of the towing service, garage, repair shop,
2433 or automotive service, storage, or parking place shall obtain
2434 such information from the applicable law enforcement agency
2435 within 5 days after the date of storage and shall give notice
2436 pursuant to paragraph (a). The department may release the
2437 insurance company information to the requestor notwithstanding
2438 the provisions of s. 627.736.
2439 (c) Notice by certified mail must shall be sent within 7
2440 business days after the date of storage of the vehicle or vessel
2441 to the registered owner, the insurance company insuring the
2442 vehicle notwithstanding the provisions of s. 627.736, and all
2443 persons of record claiming a lien against the vehicle or vessel.
2444 The notice must It shall state the fact of possession of the
2445 vehicle or vessel, that a lien as provided in subsection (2) is
2446 claimed, that charges have accrued and the amount thereof, that
2447 the lien is subject to enforcement pursuant to law, and that the
2448 owner or lienholder, if any, has the right to a hearing as set
2449 forth in subsection (5), and that any vehicle or vessel which
2450 remains unclaimed, or for which the charges for recovery,
2451 towing, or storage services remain unpaid, may be sold free of
2452 all prior liens after 35 days if the vehicle or vessel is more
2453 than 3 years of age or after 50 days if the vehicle or vessel is
2454 3 years of age or less.
2455 (d) If attempts to locate the name and address of the owner
2456 or lienholder prove unsuccessful, the towing-storage operator
2457 must shall, after 7 working days, excluding Saturday and Sunday,
2458 of the initial tow or storage, notify the public agency of
2459 jurisdiction where the vehicle or vessel is stored in writing by
2460 certified mail or acknowledged hand delivery that the towing
2461 storage company has been unable to locate the name and address
2462 of the owner or lienholder and a physical search of the vehicle
2463 or vessel has disclosed no ownership information and a good
2464 faith effort has been made, including records checks of the
2465 Department of Highway Safety and Motor Vehicles database and the
2466 National Motor Vehicle Title Information System or an equivalent
2467 commercially available system. As used in For purposes of this
2468 paragraph and subsection (9), the term “good faith effort” means
2469 that the following checks have been performed by the company to
2470 establish prior state of registration and for title:
2471 1. Check of the Department of Highway Safety and Motor
2472 Vehicles database for the owner and any lienholder.
2473 2. Check of the electronic National Motor Vehicle Title
2474 Information System or an equivalent commercially available
2475 system to determine the state of registration when there is not
2476 a current registration record for the vehicle on file with the
2477 Department of Highway Safety and Motor Vehicles.
2478 3. Check of vehicle or vessel for any type of tag, tag
2479 record, temporary tag, or regular tag.
2480 4. Check of law enforcement report for tag number or other
2481 information identifying the vehicle or vessel, if the vehicle or
2482 vessel was towed at the request of a law enforcement officer.
2483 5. Check of trip sheet or tow ticket of tow truck operator
2484 to see if a tag was on vehicle or vessel at beginning of tow, if
2485 private tow.
2486 6. If there is no address of the owner on the impound
2487 report, check of law enforcement report to see if an out-of
2488 state address is indicated from driver license information.
2489 7. Check of vehicle or vessel for inspection sticker or
2490 other stickers and decals that may indicate a state of possible
2491 registration.
2492 8. Check of the interior of the vehicle or vessel for any
2493 papers that may be in the glove box, trunk, or other areas for a
2494 state of registration.
2495 9. Check of vehicle for vehicle identification number.
2496 10. Check of vessel for vessel registration number.
2497 11. Check of vessel hull for a hull identification number
2498 which should be carved, burned, stamped, embossed, or otherwise
2499 permanently affixed to the outboard side of the transom or, if
2500 there is no transom, to the outmost seaboard side at the end of
2501 the hull that bears the rudder or other steering mechanism.
2502 Section 51. Paragraph (a) of subsection (1), paragraph (c)
2503 of subsection (7), paragraphs (a), (b), and (c) of subsection
2504 (8), and subsections (9) and (10) of section 817.234, Florida
2505 Statutes, are amended to read:
2506 817.234 False and fraudulent insurance claims.—
2507 (1)(a) A person commits insurance fraud punishable as
2508 provided in subsection (11) if that person, with the intent to
2509 injure, defraud, or deceive any insurer:
2510 1. Presents or causes to be presented any written or oral
2511 statement as part of, or in support of, a claim for payment or
2512 other benefit pursuant to an insurance policy or a health
2513 maintenance organization subscriber or provider contract,
2514 knowing that such statement contains any false, incomplete, or
2515 misleading information concerning any fact or thing material to
2516 such claim;
2517 2. Prepares or makes any written or oral statement that is
2518 intended to be presented to an any insurer in connection with,
2519 or in support of, any claim for payment or other benefit
2520 pursuant to an insurance policy or a health maintenance
2521 organization subscriber or provider contract, knowing that such
2522 statement contains any false, incomplete, or misleading
2523 information concerning any fact or thing material to such claim;
2524 3.a. Knowingly presents, causes to be presented, or
2525 prepares or makes with knowledge or belief that it will be
2526 presented to an any insurer, purported insurer, servicing
2527 corporation, insurance broker, or insurance agent, or any
2528 employee or agent thereof, any false, incomplete, or misleading
2529 information or a written or oral statement as part of, or in
2530 support of, an application for the issuance of, or the rating
2531 of, any insurance policy, or a health maintenance organization
2532 subscriber or provider contract; or
2533 b. Knowingly conceals information concerning any fact
2534 material to such application; or
2535 4. Knowingly presents, causes to be presented, or prepares
2536 or makes with knowledge or belief that it will be presented to
2537 any insurer a claim for payment or other benefit under medical
2538 payments coverage in a motor vehicle a personal injury
2539 protection insurance policy if the person knows that the payee
2540 knowingly submitted a false, misleading, or fraudulent
2541 application or other document when applying for licensure as a
2542 health care clinic, seeking an exemption from licensure as a
2543 health care clinic, or demonstrating compliance with part X of
2544 chapter 400.
2545 (7)
2546 (c) An insurer, or any person acting at the direction of or
2547 on behalf of an insurer, may not change an opinion in a mental
2548 or physical report prepared under s. 627.736(7) or direct the
2549 physician preparing the report to change such opinion; however,
2550 this provision does not preclude the insurer from calling to the
2551 attention of the physician errors of fact in the report based
2552 upon information in the claim file. Any person who violates this
2553 paragraph commits a felony of the third degree, punishable as
2554 provided in s. 775.082, s. 775.083, or s. 775.084.
2555 (8)(a) It is unlawful for any person intending to defraud
2556 any other person to solicit or cause to be solicited any
2557 business from a person involved in a motor vehicle accident for
2558 the purpose of making, adjusting, or settling motor vehicle tort
2559 claims or claims for benefits under medical payments coverage in
2560 a motor vehicle insurance policy personal injury protection
2561 benefits required by s. 627.736. Any person who violates the
2562 provisions of this paragraph commits a felony of the second
2563 degree, punishable as provided in s. 775.082, s. 775.083, or s.
2564 775.084. A person who is convicted of a violation of this
2565 subsection shall be sentenced to a minimum term of imprisonment
2566 of 2 years.
2567 (b) A person may not solicit or cause to be solicited any
2568 business from a person involved in a motor vehicle accident by
2569 any means of communication other than advertising directed to
2570 the public for the purpose of making motor vehicle tort claims
2571 or claims for benefits under medical payments coverage in a
2572 motor vehicle insurance policy personal injury protection
2573 benefits required by s. 627.736, within 60 days after the
2574 occurrence of the motor vehicle accident. Any person who
2575 violates this paragraph commits a felony of the third degree,
2576 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2577 (c) A lawyer, health care practitioner as defined in s.
2578 456.001, or owner or medical director of a clinic required to be
2579 licensed pursuant to s. 400.9905 may not, at any time after 60
2580 days have elapsed from the occurrence of a motor vehicle
2581 accident, solicit or cause to be solicited any business from a
2582 person involved in a motor vehicle accident by means of in
2583 person or telephone contact at the person’s residence, for the
2584 purpose of making motor vehicle tort claims or claims for
2585 benefits under medical payments coverage in a motor vehicle
2586 insurance policy personal injury protection benefits required by
2587 s. 627.736. Any person who violates this paragraph commits a
2588 felony of the third degree, punishable as provided in s.
2589 775.082, s. 775.083, or s. 775.084.
2590 (9) A person may not organize, plan, or knowingly
2591 participate in an intentional motor vehicle crash or a scheme to
2592 create documentation of a motor vehicle crash that did not occur
2593 for the purpose of making motor vehicle tort claims or claims
2594 for benefits under medical payments coverage in a motor vehicle
2595 insurance policy personal injury protection benefits as required
2596 by s. 627.736. Any person who violates this subsection commits a
2597 felony of the second degree, punishable as provided in s.
2598 775.082, s. 775.083, or s. 775.084. A person who is convicted of
2599 a violation of this subsection shall be sentenced to a minimum
2600 term of imprisonment of 2 years.
2601 (10) A licensed health care practitioner who is found
2602 guilty of insurance fraud under this section for an act relating
2603 to a motor vehicle personal injury protection insurance policy
2604 loses his or her license to practice for 5 years and may not
2605 receive reimbursement under medical payments coverage in a motor
2606 vehicle insurance policy for personal injury protection benefits
2607 for 10 years.
2608 Section 52. Applicability and construction; notice to
2609 policyholders.—
2610 (1) As used in this section, the term “minimum security
2611 requirements” means security that enables a person to respond in
2612 damages for liability on account of crashes arising out of the
2613 ownership, maintenance, or use of a motor vehicle, in the
2614 amounts required by s. 324.021(7), Florida Statutes.
2615 (2) Effective January 1, 2020:
2616 (a) Motor vehicle insurance policies issued or renewed on
2617 or after that date may not include personal injury protection.
2618 (b) All persons subject to s. 324.022, s. 324.032, s.
2619 627.7415, or s. 627.742, Florida Statutes, must maintain at
2620 least minimum security requirements.
2621 (c) Any new or renewal motor vehicle insurance policy
2622 delivered or issued for delivery in this state must provide
2623 coverage that complies with minimum security requirements.
2624 (d) An existing motor vehicle insurance policy issued
2625 before that date which provides personal injury protection and
2626 property damage liability coverage that meets the requirements
2627 of s. 324.022, Florida Statutes, on December 31, 2019, but which
2628 does not meet minimum security requirements on or after January
2629 1, 2020, is deemed to meet the security requirements of s.
2630 324.022, Florida Statutes, until such policy is renewed,
2631 nonrenewed, or canceled on or after January 1, 2020. Sections
2632 627.730-627.7405, 400.9905, 400.991, 456.057, 456.072, 627.7263,
2633 627.727, 627.748, 627.9541(1)(i), and 817.234, Florida Statutes
2634 2018, remain in full force and effect for motor vehicle
2635 accidents covered under a policy issued under the Florida Motor
2636 Vehicle No-Fault Law before January 1, 2020, until the policy is
2637 renewed, nonrenewed, or canceled.
2638 (3) Each insurer shall allow each insured who has a new or
2639 renewal policy providing personal injury protection which
2640 becomes effective before January 1, 2020, and whose policy does
2641 not meet minimum security requirements on or after January 1,
2642 2020, to change coverages so as to eliminate personal injury
2643 protection and obtain coverage providing minimum security
2644 requirements, which shall be effective on or after January 1,
2645 2020. The insurer is not required to provide coverage complying
2646 with minimum security requirements in such policies if the
2647 insured does not pay the required premium, if any, by January 1,
2648 2020, or such later date as the insurer may allow. The insurer
2649 must also offer each insured medical payments coverage pursuant
2650 to s. 627.7265, Florida Statutes. Any reduction in the premium
2651 must be refunded by the insurer. The insurer may not impose on
2652 the insured an additional fee or charge that applies solely to a
2653 change in coverage; however, the insurer may charge an
2654 additional required premium that is actuarially indicated.
2655 (4) By September 1, 2019, each motor vehicle insurer shall
2656 provide notice of this section to each motor vehicle
2657 policyholder who is subject to this section. The notice is
2658 subject to approval by the Office of Insurance Regulation and
2659 must clearly inform the policyholder that:
2660 (a) The Florida Motor Vehicle No-Fault Law is repealed,
2661 effective January 1, 2020, and that on or after that date, the
2662 insured is no longer required to maintain personal injury
2663 protection insurance coverage, that personal injury protection
2664 coverage is no longer available for purchase in this state, and
2665 that all new or renewal policies issued on or after that date
2666 will not contain such coverage.
2667 (b) Effective January 1, 2020, a person subject to the
2668 financial responsibility requirements of s. 324.022, Florida
2669 Statutes, must maintain minimum security requirements that
2670 enable the person to respond to damages for liability on account
2671 of accidents arising out of the use of a motor vehicle in the
2672 following amounts:
2673 1. Twenty-five thousand dollars for bodily injury to, or
2674 the death of, one person in any one crash and, subject to such
2675 limits for one person, in the amount of $50,000 for bodily
2676 injury to, or the death of, two or more persons in any one
2677 crash; and
2678 2. Ten thousand dollars for damage to, or destruction of,
2679 the property of others in any one crash.
2680 (c) Bodily injury liability coverage protects the insured,
2681 up to the coverage limits, against loss if the insured is
2682 legally responsible for the death of or bodily injury to others
2683 in a motor vehicle accident.
2684 (d) Effective January 1, 2020, each policyholder of motor
2685 vehicle liability insurance purchased as proof of financial
2686 responsibility must be offered medical payments coverage
2687 benefits that comply with s. 627.7265, Florida Statutes. The
2688 insurer must offer medical payments coverage at limits of $5,000
2689 and $10,000 without a deductible. The insurer may also offer
2690 medical payments coverage at other limits greater than $5,000,
2691 and may offer coverage with a deductible of up to $500. Medical
2692 payments coverage pays covered medical expenses, up to the
2693 limits of such coverage, for injuries sustained in a motor
2694 vehicle crash by the named insured, resident relatives, persons
2695 operating the insured motor vehicle, passengers in the insured
2696 motor vehicle, and persons who are struck by the insured motor
2697 vehicle and suffer bodily injury while not an occupant of a
2698 self-propelled motor vehicle as provided in s. 627.7265, Florida
2699 Statutes. Medical payments coverage also provides a death
2700 benefit of at least $5,000.
2701 (e) The policyholder may obtain uninsured and underinsured
2702 motorist coverage, which provides benefits, up to the limits of
2703 such coverage, to a policyholder or other insured entitled to
2704 recover damages for bodily injury, sickness, disease, or death
2705 resulting from a motor vehicle accident with an uninsured or
2706 underinsured owner or operator of a motor vehicle.
2707 (f) If the policyholder’s new or renewal motor vehicle
2708 insurance policy is effective before January 1, 2020, and
2709 contains personal injury protection and property damage
2710 liability coverage as required by state law before January 1,
2711 2020, but does not meet minimum security requirements on or
2712 after January 1, 2020, the policy is deemed to meet minimum
2713 security requirements until it is renewed, nonrenewed, or
2714 canceled on or after January 1, 2020.
2715 (g) A policyholder whose new or renewal policy becomes
2716 effective before January 1, 2020, but does not meet minimum
2717 security requirements on or after January 1, 2020, may change
2718 coverages under the policy so as to eliminate personal injury
2719 protection and to obtain coverage providing minimum security
2720 requirements, including bodily injury liability coverage, which
2721 are effective on or after January 1, 2020.
2722 (h) If the policyholder has any questions, he or she should
2723 contact the person named at the telephone number provided in the
2724 notice.
2725 (5) This section takes effect upon this act becoming a law.
2726 Section 53. Application of suspensions for failure to
2727 maintain security; reinstatement.—All suspensions for failure to
2728 maintain required security as required by law in effect before
2729 January 1, 2020, remain in full force and effect after January
2730 1, 2020. A driver may reinstate a suspended driver license or
2731 registration as provided under s. 324.0221, Florida Statutes.
2732 Section 54. For the 2019-2020 fiscal year, the sum of
2733 $83,651 in nonrecurring funds is appropriated from the Insurance
2734 Regulatory Trust Fund to the Office of Insurance Regulation for
2735 the purpose of implementing this act.
2736 Section 55. Except as otherwise expressly provided in this
2737 act and except for this section, which shall take effect upon
2738 this act becoming a law, this act shall take effect January 1,
2739 2020.