Florida Senate - 2019                       CS for CS for SB 714
       By the Committees on Judiciary; and Banking and Insurance; and
       Senators Brandes and Bracy
       590-03702-19                                           2019714c2
    1                        A bill to be entitled                      
    2         An act relating to insurance; providing a short title;
    3         amending s. 215.555, F.S.; increasing the required
    4         reimbursement of loss adjustment expenses in
    5         reimbursement contracts between the State Board of
    6         Administration and property insurers under the Florida
    7         Hurricane Catastrophe Fund; amending s. 319.30, F.S.;
    8         specifying means by which an insurance company may
    9         forward certificates of title of certain salvage motor
   10         vehicles or mobile homes to the Department of Highway
   11         Safety and Motor Vehicles; revising the effective date
   12         of certain procedures and requirements relating to
   13         certificates of title; providing that certain
   14         electronic signatures satisfy certain signature
   15         requirements; amending s. 440.381, F.S.; revising a
   16         criminal penalty for the submission, with certain
   17         intent, of an employer application for workers’
   18         compensation insurance coverage which contains false,
   19         misleading, or incomplete information; providing that
   20         certain sworn statements in such applications are not
   21         required to be notarized; creating s. 624.1055, F.S.;
   22         providing a right of contribution among insurers for
   23         defense costs under certain circumstances; providing a
   24         requirement for, and authorizing the use of certain
   25         factors by, a court in allocating costs; providing a
   26         cause of action to enforce the right of contribution;
   27         providing construction and applicability; amending s.
   28         624.155, F.S.; deleting a provision that tolls, under
   29         certain circumstances, a period before a civil action
   30         against an insurer may be brought; deleting a
   31         provision authorizing the Department of Financial
   32         Services to return a civil remedy notice for lack of
   33         specificity; prohibiting the filing of the notice
   34         within a certain timeframe under certain
   35         circumstances; amending s. 624.404, F.S.; adding a
   36         circumstance under which the Office of Insurance
   37         Regulation may waive a 3-year operation requirement
   38         for foreign or alien insurers and exchanges; amending
   39         s. 624.4085, F.S.; specifying the applicable formula
   40         for determining risk-based capital of certain health
   41         maintenance organizations and prepaid limited health
   42         service organizations; amending s. 626.916, F.S.;
   43         deleting a limit on fees charged by filing surplus
   44         lines agents per policy certified for export;
   45         authorizing retail agents to charge reasonable fees
   46         for placing surplus lines policies; specifying
   47         requirements for itemizing and enumerating fees;
   48         amending s. 626.9541, F.S.; providing that insurers
   49         and agents may give insureds certain free or
   50         discounted loss mitigation services or loss control
   51         items; deleting a limitation on the value of loss
   52         mitigation services that may be given to insureds;
   53         amending s. 627.0655, F.S.; revising circumstances
   54         under which insurers or certain authorized persons may
   55         provide certain premium discounts to insureds;
   56         amending s. 627.426, F.S.; adding means by which
   57         liability insurers may provide to named insureds
   58         certain notices relating to coverage denials based on
   59         a particular coverage defense; amending s. 627.4555,
   60         F.S.; requiring life insurers that are required to
   61         provide a specified notice to policyowners of an
   62         impending lapse in coverage to also notify the
   63         policyowner’s agent of record within a certain
   64         timeframe; providing that the agent is not responsible
   65         for any lapse in coverage; exempting the insurer from
   66         the requirement under certain circumstances; amending
   67         s. 627.7015, F.S.; adding circumstances under which
   68         certain property insurers may provide required notice
   69         to policyholders of their right to participate in a
   70         certain mediation program; amending s. 627.7295, F.S.;
   71         reducing the collected premium required before private
   72         passenger motor vehicle insurance policies or binders
   73         may be initially issued; amending s. 921.0022, F.S.;
   74         conforming a provision to changes made by the act;
   75         providing effective dates.
   77  Be It Enacted by the Legislature of the State of Florida:
   79         Section 1. This act may be cited as “Omnibus Prime.”
   80         Section 2. Effective upon this act becoming a law,
   81  paragraph (b) of subsection (4) of section 215.555, Florida
   82  Statutes, is amended to read:
   83         215.555 Florida Hurricane Catastrophe Fund.—
   85         (b)1. The contract shall contain a promise by the board to
   86  reimburse the insurer for 45 percent, 75 percent, or 90 percent
   87  of its losses from each covered event in excess of the insurer’s
   88  retention, plus 5 percent of the reimbursed losses to cover loss
   89  adjustment expenses. For contracts and rates effective on or
   90  after June 1, 2019, the loss adjustment expense reimbursement
   91  must be 10 percent of the reimbursed losses.
   92         2. The insurer must elect one of the percentage coverage
   93  levels specified in this paragraph and may, upon renewal of a
   94  reimbursement contract, elect a lower percentage coverage level
   95  if no revenue bonds issued under subsection (6) after a covered
   96  event are outstanding, or elect a higher percentage coverage
   97  level, regardless of whether or not revenue bonds are
   98  outstanding. All members of an insurer group must elect the same
   99  percentage coverage level. Any joint underwriting association,
  100  risk apportionment plan, or other entity created under s.
  101  627.351 must elect the 90-percent coverage level.
  102         3. The contract shall provide that reimbursement amounts
  103  shall not be reduced by reinsurance paid or payable to the
  104  insurer from other sources.
  105         Section 3. Paragraph (b) of subsection (3) of section
  106  319.30, Florida Statutes, is amended, and paragraph (d) is added
  107  to that section, to read:
  108         319.30 Definitions; dismantling, destruction, change of
  109  identity of motor vehicle or mobile home; salvage.—
  110         (3)
  111         (b) The owner, including persons who are self-insured, of a
  112  motor vehicle or mobile home that is considered to be salvage
  113  shall, within 72 hours after the motor vehicle or mobile home
  114  becomes salvage, forward the title to the motor vehicle or
  115  mobile home to the department for processing. However, an
  116  insurance company that pays money as compensation for the total
  117  loss of a motor vehicle or mobile home shall obtain the
  118  certificate of title for the motor vehicle or mobile home, make
  119  the required notification to the National Motor Vehicle Title
  120  Information System, and, within 72 hours after receiving such
  121  certificate of title, forward such title by electronic means,
  122  the United States Postal Service, or another commercially
  123  available delivery service to the department for processing. The
  124  owner or insurance company, as applicable, may not dispose of a
  125  vehicle or mobile home that is a total loss before it obtains a
  126  salvage certificate of title or certificate of destruction from
  127  the department. Effective July 1, 2020 July 1, 2023:
  128         1. Thirty days after payment of a claim for compensation
  129  pursuant to this paragraph, the insurance company may receive a
  130  salvage certificate of title or certificate of destruction from
  131  the department if the insurance company is unable to obtain a
  132  properly assigned certificate of title from the owner or
  133  lienholder of the motor vehicle or mobile home, if the motor
  134  vehicle or mobile home does not carry an electronic lien on the
  135  title and the insurance company:
  136         a. Has obtained the release of all liens on the motor
  137  vehicle or mobile home;
  138         b. Has provided proof of payment of the total loss claim;
  139  and
  140         c. Has provided an affidavit on letterhead signed by the
  141  insurance company or its authorized agent stating the attempts
  142  that have been made to obtain the title from the owner or
  143  lienholder and further stating that all attempts are to no
  144  avail. The affidavit must include a request that the salvage
  145  certificate of title or certificate of destruction be issued in
  146  the insurance company’s name due to payment of a total loss
  147  claim to the owner or lienholder. The attempts to contact the
  148  owner may be by written request delivered in person or by first
  149  class mail with a certificate of mailing to the owner’s or
  150  lienholder’s last known address.
  151         2. If the owner or lienholder is notified of the request
  152  for title in person, the insurance company must provide an
  153  affidavit attesting to the in-person request for a certificate
  154  of title.
  155         3. The request to the owner or lienholder for the
  156  certificate of title must include a complete description of the
  157  motor vehicle or mobile home and the statement that a total loss
  158  claim has been paid on the motor vehicle or mobile home.
  159         (d)An electronic signature that is in accordance with
  160  chapter 668 satisfies any signature requirement under this
  161  subsection.
  162         Section 4. Subsection (2) of section 440.381, Florida
  163  Statutes, is amended to read:
  164         440.381 Application for coverage; reporting payroll;
  165  payroll audit procedures; penalties.—
  166         (2) Submission of an application that contains false,
  167  misleading, or incomplete information provided with the purpose
  168  of avoiding or reducing the amount of premiums for workers’
  169  compensation coverage is a felony of the third second degree,
  170  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  171  The application must contain a statement that the filing of an
  172  application containing false, misleading, or incomplete
  173  information provided with the purpose of avoiding or reducing
  174  the amount of premiums for workers’ compensation coverage is a
  175  felony of the third degree, punishable as provided in s.
  176  775.082, s. 775.083, or s. 775.084. The application must contain
  177  a sworn statement by the employer attesting to the accuracy of
  178  the information submitted and acknowledging the provisions of
  179  former s. 440.37(4). The application must contain a sworn
  180  statement by the agent attesting that the agent explained to the
  181  employer or officer the classification codes that are used for
  182  premium calculations. The sworn statements by the employer and
  183  the agent are not required to be notarized.
  184         Section 5. Section 624.1055, Florida Statutes, is created
  185  to read:
  186         624.1055Right of contribution among insurers for defense
  187  costs.—A liability insurer that owes a duty to defend an insured
  188  and that defends the insured against a claim, suit, or other
  189  action has a right of contribution for defense costs against any
  190  other liability insurer that owes a duty to defend the insured
  191  against the same claim, suit, or other action, provided that
  192  contribution may not be sought from any insurer for defense
  193  costs incurred before the insurer’s receipt of notice of the
  194  claim, suit, or other action.
  195         (1)APPORTIONMENT OF COSTS.—The court shall allocate
  196  defense costs among insurers that owe a duty to defend the
  197  insured against the same claim, suit, or other action in
  198  accordance with the terms of the insurance policies. The court
  199  may use such equitable factors as the court determines are
  200  appropriate in making such allocation.
  201         (2)ENFORCEMENT OF RIGHT OF CONTRIBUTION.—A liability
  202  insurer that is entitled to contribution from another insurer
  203  under this section may file an action for contribution in a
  204  court of competent jurisdiction.
  205         (3)CONSTRUCTION.—
  206         (a)This section is not intended to alter any term of a
  207  liability insurance policy or to create any additional duty on
  208  the part of an insurer to an insured.
  209         (b)An insured may not rely on this section as grounds for
  210  a complaint against an insurer.
  211         (4) APPLICABILITY.—
  212         (a)This section applies to liability insurance policies
  213  issued for delivery in this state or to liability insurance
  214  policies under which an insurer has a duty to defend an insured
  215  against claims asserted or suits or actions filed in this state.
  216  Such liability insurance policies include surplus lines
  217  insurance policies authorized under the Surplus Lines Law, ss.
  218  626.913-626.937. This section does not apply to motor vehicle
  219  liability insurance or medical professional liability insurance.
  220         (b)This section applies to any claim, suit, or other
  221  action initiated on or after January 1, 2020.
  222         Section 6. Subsection (3) of section 624.155, Florida
  223  Statutes, is amended to read:
  224         624.155 Civil remedy.—
  225         (3)(a) As a condition precedent to bringing an action under
  226  this section, the department and the authorized insurer must
  227  have been given 60 days’ written notice of the violation. If the
  228  department returns a notice for lack of specificity, the 60-day
  229  time period shall not begin until a proper notice is filed.
  230         (b) The notice shall be on a form provided by the
  231  department and shall state with specificity the following
  232  information, and such other information as the department may
  233  require:
  234         1. The statutory provision, including the specific language
  235  of the statute, which the authorized insurer allegedly violated.
  236         2. The facts and circumstances giving rise to the
  237  violation.
  238         3. The name of any individual involved in the violation.
  239         4. Reference to specific policy language that is relevant
  240  to the violation, if any. If the person bringing the civil
  241  action is a third party claimant, she or he shall not be
  242  required to reference the specific policy language if the
  243  authorized insurer has not provided a copy of the policy to the
  244  third party claimant pursuant to written request.
  245         5. A statement that the notice is given in order to perfect
  246  the right to pursue the civil remedy authorized by this section.
  247         (c) Within 20 days of receipt of the notice, the department
  248  may return any notice that does not provide the specific
  249  information required by this section, and the department shall
  250  indicate the specific deficiencies contained in the notice. A
  251  determination by the department to return a notice for lack of
  252  specificity shall be exempt from the requirements of chapter
  253  120.
  254         (c)(d) No action shall lie if, within 60 days after filing
  255  notice, the damages are paid or the circumstances giving rise to
  256  the violation are corrected.
  257         (d)(e) The authorized insurer that is the recipient of a
  258  notice filed pursuant to this section shall report to the
  259  department on the disposition of the alleged violation.
  260         (e)(f) The applicable statute of limitations for an action
  261  under this section shall be tolled for a period of 65 days by
  262  the mailing of the notice required by this subsection or the
  263  mailing of a subsequent notice required by this subsection.
  264         (f)A notice required under this subsection may not be
  265  filed within 60 days after appraisal is invoked by any party in
  266  a residential property insurance claim.
  267         Section 7. Subsection (2) of section 624.404, Florida
  268  Statutes, is amended to read:
  269         624.404 General eligibility of insurers for certificate of
  270  authority.—To qualify for and hold authority to transact
  271  insurance in this state, an insurer must be otherwise in
  272  compliance with this code and with its charter powers and must
  273  be an incorporated stock insurer, an incorporated mutual
  274  insurer, or a reciprocal insurer, of the same general type as
  275  may be formed as a domestic insurer under this code; except
  276  that:
  277         (2) A No foreign or alien insurer or exchange may not shall
  278  be authorized to transact insurance in this state unless it is
  279  otherwise qualified therefor under this code and has operated
  280  satisfactorily for at least 3 years in its state or country of
  281  domicile; however, the office may waive the 3-year requirement
  282  if the foreign or alien insurer or exchange:
  283         (a) Has operated successfully and has capital and surplus
  284  of $5 million;
  285         (b) Is the wholly owned subsidiary of an insurer which is
  286  an authorized insurer in this state;
  287         (c) Is the successor in interest through merger or
  288  consolidation of an authorized insurer; or
  289         (d) Provides a product or service not readily available to
  290  the consumers of this state; or
  291         (e)Demonstrates to the satisfaction of the office that its
  292  authorization to transact insurance in this state is in the best
  293  interest of this state and its policyholders.
  294         Section 8. Paragraphs (d) and (e) of subsection (2) of
  295  section 624.4085, Florida Statutes, are amended, and paragraph
  296  (g) of subsection (1) of that section is republished, to read:
  297         624.4085 Risk-based capital requirements for insurers.—
  298         (1) As used in this section, the term:
  299         (g) “Life and health insurer” means an insurer authorized
  300  or eligible under the Florida Insurance Code to underwrite life
  301  or health insurance. The term includes a property and casualty
  302  insurer that writes accident and health insurance only.
  303  Effective January 1, 2015, the term also includes a health
  304  maintenance organization that is authorized in this state and
  305  one or more other states, jurisdictions, or countries and a
  306  prepaid limited health service organization that is authorized
  307  in this state and one or more other states, jurisdictions, or
  308  countries.
  309         (2)
  310         (d) A life and health insurer’s risk-based capital is
  311  determined in accordance with the formula set forth in the risk
  312  based capital instructions. The formula takes into account and
  313  may adjust for the covariance between:
  314         1. The risk with respect to the insurer’s assets;
  315         2. The risk of adverse insurance experience with respect to
  316  the insurer’s liabilities and obligations;
  317         3. The interest rate risk with respect to the insurer’s
  318  business; and
  319         4. Any other business or other relevant risk set out in the
  320  risk-based capital instructions,
  322  determined in each case by applying the factors in the manner
  323  set forth in the risk-based capital instructions. This paragraph
  324  does not apply to a health maintenance organization or a prepaid
  325  limited health service organization.
  326         (e) The risk-based capital of a property and casualty
  327  insurer, and, if a health maintenance organization or prepaid
  328  limited health service organization is subject to this section
  329  pursuant to paragraph (1)(g), the risk-based capital of such
  330  organization, insurer’s risk-based capital is determined in
  331  accordance with the formula set forth in the risk-based capital
  332  instructions. The formula takes into account and may adjust for
  333  the covariance between:
  334         1. The asset risk;
  335         2. The credit risk;
  336         3. The underwriting risk; and
  337         4. Any other business or other relevant risk set out in the
  338  risk-based capital instructions,
  340  determined in each case by applying the factors in the manner
  341  set forth in the risk-based capital instructions.
  342         Section 9. Subsection (4) of section 626.916, Florida
  343  Statutes, is amended, and subsection (5) is added to that
  344  section, to read:
  345         626.916 Eligibility for export.—
  346         (4) A reasonable per-policy fee, not to exceed $35, may be
  347  charged by the filing surplus lines agent for each policy
  348  certified for export. The per-policy fee must be itemized
  349  separately to the customer before purchase and must be
  350  enumerated in the policy.
  351         (5)A retail agent may charge a reasonable per-policy fee
  352  for placement of a surplus lines policy under this section. The
  353  per-policy fee must be itemized separately to the customer
  354  before purchase.
  355         Section 10. Paragraph (m) of subsection (1) of section
  356  626.9541, Florida Statutes, is amended to read:
  357         626.9541 Unfair methods of competition and unfair or
  358  deceptive acts or practices defined.—
  360  ACTS.—The following are defined as unfair methods of competition
  361  and unfair or deceptive acts or practices:
  362         (m) Permissible advertising and promotional gifts, and
  363  charitable contributions, and loss mitigation services or loss
  364  control items permitted.—
  365         1. The provisions of Paragraph (f), paragraph (g), or
  366  paragraph (h) do not prohibit a licensed insurer or its agent
  367  from:
  368         a. Giving to insureds, prospective insureds, or others any
  369  article of merchandise, goods, wares, store gift cards, gift
  370  certificates, event tickets, anti-fraud or loss mitigation
  371  services, or other items having a total value of $100 or less
  372  per insured or prospective insured in any calendar year.
  373         b. Making charitable contributions, as defined in s. 170(c)
  374  of the Internal Revenue Code, on behalf of insureds or
  375  prospective insureds, of up to $100 per insured or prospective
  376  insured in any calendar year.
  377         c.Giving to insureds, for free or at a discounted price,
  378  loss mitigation services or loss control items of value that
  379  relate to the risks covered under the policy.
  380         2. The provisions of Paragraph (f), paragraph (g), or
  381  paragraph (h) do not prohibit a title insurance agent or title
  382  insurance agency, as those terms are defined in s. 626.841, or a
  383  title insurer, as defined in s. 627.7711, from giving to
  384  insureds, prospective insureds, or others, for the purpose of
  385  advertising, any article of merchandise having a value of not
  386  more than $25. A person or entity governed by this subparagraph
  387  is not subject to subparagraph 1.
  388         Section 11. Section 627.0655, Florida Statutes, is amended
  389  to read:
  390         627.0655 Policyholder loss or expense-related premium
  391  discounts.—An insurer or person authorized to engage in the
  392  business of insurance in this state may include, in the premium
  393  charged an insured for any policy, contract, or certificate of
  394  insurance, an actuarially sound a discount based on the fact
  395  that another policy, contract, or certificate of any type has
  396  been purchased by the insured from:
  397         (1) The same insurer or insurer group, or another insurer
  398  under a joint marketing agreement;
  399         (2) The Citizens Property Insurance Corporation created
  400  under s. 627.351(6), if the same insurance agent is servicing
  401  both policies;, or
  402         (3) An insurer that has removed the policy from the
  403  Citizens Property Insurance Corporation or issued a policy
  404  pursuant to the clearinghouse program under s. 627.3518, if the
  405  same insurance agent is servicing both policies; or
  406         (4)An insurer, if the same insurance agent is servicing
  407  the policies.
  408         Section 12. Subsection (2) of section 627.426, Florida
  409  Statutes, is amended to read:
  410         627.426 Claims administration.—
  411         (2) A liability insurer shall not be permitted to deny
  412  coverage based on a particular coverage defense unless:
  413         (a) Within 30 days after the liability insurer knew or
  414  should have known of the coverage defense, written notice of
  415  reservation of rights to assert a coverage defense is given to
  416  the named insured by United States postal proof of mailing,
  417  registered or certified mail, or other mailing using the
  418  Intelligent Mail barcode or other similar tracking method used
  419  or approved by the United States Postal Service, sent to the
  420  last known address of the insured, or by hand delivery; and
  421         (b) Within 60 days of compliance with paragraph (a) or
  422  receipt of a summons and complaint naming the insured as a
  423  defendant, whichever is later, but in no case later than 30 days
  424  before trial, the insurer:
  425         1. Gives written notice to the named insured by United
  426  States postal proof of mailing, registered or certified mail, or
  427  other mailing using the Intelligent Mail barcode or other
  428  similar tracking method used or approved by the United States
  429  Postal Service, of its refusal to defend the insured;
  430         2. Obtains from the insured a nonwaiver agreement following
  431  full disclosure of the specific facts and policy provisions upon
  432  which the coverage defense is asserted and the duties,
  433  obligations, and liabilities of the insurer during and following
  434  the pendency of the subject litigation; or
  435         3. Retains independent counsel which is mutually agreeable
  436  to the parties. Reasonable fees for the counsel may be agreed
  437  upon between the parties or, if no agreement is reached, shall
  438  be set by the court.
  439         Section 13. Section 627.4555, Florida Statutes, is amended
  440  to read:
  441         627.4555 Secondary notice.—
  442         (1) Except as provided in this section, a contract for life
  443  insurance issued or issued for delivery in this state on or
  444  after October 1, 1997, covering a natural person 64 years of age
  445  or older, which has been in force for at least 1 year, may not
  446  be lapsed for nonpayment of premium unless, after expiration of
  447  the grace period, and at least 21 days before the effective date
  448  of any such lapse, the insurer has mailed a notification of the
  449  impending lapse in coverage to the policyowner and to a
  450  specified secondary addressee if such addressee has been
  451  designated in writing by name and address by the policyowner. An
  452  insurer issuing a life insurance contract on or after October 1,
  453  1997, shall notify the applicant of the right to designate a
  454  secondary addressee at the time of application for the policy,
  455  on a form provided by the insurer, and at any time the policy is
  456  in force, by submitting a written notice to the insurer
  457  containing the name and address of the secondary addressee. For
  458  purposes of any life insurance policy that provides a grace
  459  period of more than 51 days for nonpayment of premiums, the
  460  notice of impending lapse in coverage required by this section
  461  must be mailed to the policyowner and the secondary addressee at
  462  least 21 days before the expiration of the grace period provided
  463  in the policy. This section does not apply to any life insurance
  464  contract under which premiums are payable monthly or more
  465  frequently and are regularly collected by a licensed agent or
  466  are paid by credit card or any preauthorized check processing or
  467  automatic debit service of a financial institution.
  468         (2)If the policyowner has a life agent of record or any
  469  agent of record, the insurer must also notify the agent of the
  470  impending lapse in coverage or mail or send electronically a
  471  copy of the notification of the impending lapse in coverage
  472  under subsection (1) to the agent at least 21 days before the
  473  effective date of any such lapse. Receipt of such notice does
  474  not make the agent responsible for any lapse in coverage. An
  475  insurer is not required to notify the agent under this
  476  subsection if any of the following applies:
  477         (a)The insurer maintains an online system that allows an
  478  agent to independently determine if a policy has lapsed.
  479         (b)The insurer maintains a procedure that allows an agent
  480  to independently determine whether the notice of lapse has been
  481  sent to the insured.
  482         (c)The insurer has no record of the current agent of
  483  record.
  484         (d)The agent is employed by the insurer or an affiliate of
  485  the insurer.
  486         Section 14. Subsection (2) of section 627.7015, Florida
  487  Statutes, is amended to read:
  488         627.7015 Alternative procedure for resolution of disputed
  489  property insurance claims.—
  490         (2) At the time of issuance and renewal of a policy or at
  491  the time a first-party claim within the scope of this section is
  492  filed by the policyholder, the insurer shall notify the
  493  policyholder of its right to participate in the mediation
  494  program under this section. The department shall prepare a
  495  consumer information pamphlet for distribution to persons
  496  participating in mediation.
  497         Section 15. Subsection (7) of section 627.7295, Florida
  498  Statutes, is amended to read:
  499         627.7295 Motor vehicle insurance contracts.—
  500         (7) A policy of private passenger motor vehicle insurance
  501  or a binder for such a policy may be initially issued in this
  502  state only if, before the effective date of such binder or
  503  policy, the insurer or agent has collected from the insured an
  504  amount equal to at least 1 month’s 2 months’ premium. An
  505  insurer, agent, or premium finance company may not, directly or
  506  indirectly, take any action resulting in the insured having paid
  507  from the insured’s own funds an amount less than the 1 month’s 2
  508  months’ premium required by this subsection. This subsection
  509  applies without regard to whether the premium is financed by a
  510  premium finance company or is paid pursuant to a periodic
  511  payment plan of an insurer or an insurance agent. This
  512  subsection does not apply if an insured or member of the
  513  insured’s family is renewing or replacing a policy or a binder
  514  for such policy written by the same insurer or a member of the
  515  same insurer group. This subsection does not apply to an insurer
  516  that issues private passenger motor vehicle coverage primarily
  517  to active duty or former military personnel or their dependents.
  518  This subsection does not apply if all policy payments are paid
  519  pursuant to a payroll deduction plan, an automatic electronic
  520  funds transfer payment plan from the policyholder, or a
  521  recurring credit card or debit card agreement with the insurer.
  522  This subsection and subsection (4) do not apply if all policy
  523  payments to an insurer are paid pursuant to an automatic
  524  electronic funds transfer payment plan from an agent, a managing
  525  general agent, or a premium finance company and if the policy
  526  includes, at a minimum, personal injury protection pursuant to
  527  ss. 627.730-627.7405; motor vehicle property damage liability
  528  pursuant to s. 627.7275; and bodily injury liability in at least
  529  the amount of $10,000 because of bodily injury to, or death of,
  530  one person in any one accident and in the amount of $20,000
  531  because of bodily injury to, or death of, two or more persons in
  532  any one accident. This subsection and subsection (4) do not
  533  apply if an insured has had a policy in effect for at least 6
  534  months, the insured’s agent is terminated by the insurer that
  535  issued the policy, and the insured obtains coverage on the
  536  policy’s renewal date with a new company through the terminated
  537  agent.
  538         Section 16. Paragraph (e) of subsection (3) of section
  539  921.0022, Florida Statutes, is amended to read:
  540         921.0022 Criminal Punishment Code; offense severity ranking
  541  chart.—
  543         (e) LEVEL 5
  545  FloridaStatute             FelonyDegree        Description        
  546  316.027(2)(a)                  3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  547  316.1935(4)(a)                 2nd     Aggravated fleeing or eluding.
  548  316.80(2)                      2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
  549  322.34(6)                      3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  550  327.30(5)                      3rd     Vessel accidents involving personal injury; leaving scene.
  551  379.365(2)(c)1.                3rd     Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
  552  379.367(4)                     3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  553  379.407(5)(b)3.                3rd     Possession of 100 or more undersized spiny lobsters.
  554  381.0041(11)(b)                3rd     Donate blood, plasma, or organs knowing HIV positive.
  555  440.10(1)(g)                   2nd     Failure to obtain workers’ compensation coverage.
  556  440.105(5)                     2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  557  440.381(2)                   3rd 2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  558  624.401(4)(b)2.                2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  559  626.902(1)(c)                  2nd     Representing an unauthorized insurer; repeat offender.
  560  790.01(2)                      3rd     Carrying a concealed firearm.
  561  790.162                        2nd     Threat to throw or discharge destructive device.
  562  790.163(1)                     2nd     False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  563  790.221(1)                     2nd     Possession of short-barreled shotgun or machine gun.
  564  790.23                         2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  565  796.05(1)                      2nd     Live on earnings of a prostitute; 1st offense.
  566  800.04(6)(c)                   3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  567  800.04(7)(b)                   2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  568  806.111(1)                     3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  569  812.0145(2)(b)                 2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  570  812.015(8)                     3rd     Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  571  812.019(1)                     2nd     Stolen property; dealing in or trafficking in.
  572  812.131(2)(b)                  3rd     Robbery by sudden snatching.
  573  812.16(2)                      3rd     Owning, operating, or conducting a chop shop.
  574  817.034(4)(a)2.                2nd     Communications fraud, value $20,000 to $50,000.
  575  817.234(11)(b)                 2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  576  817.2341(1),(2)(a) & (3)(a)    3rd     Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
  577  817.568(2)(b)                  2nd     Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
  578  817.611(2)(a)                  2nd     Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  579  817.625(2)(b)                  2nd     Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  580  825.1025(4)                    3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  581  827.071(4)                     2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  582  827.071(5)                     3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  583  828.12(2)                      3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  584  839.13(2)(b)                   2nd     Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
  585  843.01                         3rd     Resist officer with violence to person; resist arrest with violence.
  586  847.0135(5)(b)                 2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  587  847.0137(2) & (3)              3rd     Transmission of pornography by electronic device or equipment.
  588  847.0138(2) & (3)              3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  589  874.05(1)(b)                   2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  590  874.05(2)(a)                   2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  591  893.13(1)(a)1.                 2nd     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
  592  893.13(1)(c)2.                 2nd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  593  893.13(1)(d)1.                 1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
  594  893.13(1)(e)2.                 2nd     Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
  595  893.13(1)(f)1.                 1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
  596  893.13(4)(b)                   2nd     Use or hire of minor; deliver to minor other controlled substance.
  597  893.1351(1)                    3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  598         Section 17. Except as otherwise expressly provided in this
  599  act and except for this section, which shall take effect upon
  600  this act becoming a law, this act shall take effect July 1,
  601  2019.