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.