Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 54
       
       
       
       
       
       
                                Ì670924/Î670924                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 1c/AD/2R         .                                
             04/14/2021 07:01 PM       .                                
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       Senator Farmer moved the following:
       
    1         Senate Amendment to Amendment (824756) 
    2  
    3         Delete lines 1681 - 1998
    4  and insert:
    5         (a) Every motor vehicle liability insurance policy
    6  furnished as proof of financial responsibility under s. 324.031
    7  must include medical payments coverage at a limit of $5,000. The
    8  insurer must also offer medical payments coverage at a limit of
    9  $10,000 and may also offer medical payments coverage at any
   10  limit greater than $5,000.
   11         (b)The insurer must offer medical payments coverage with
   12  no deductible. The insurer may also offer medical payments
   13  coverage with a deductible not to exceed $500.
   14         (c)Each motor vehicle liability insurance policy furnished
   15  as proof of financial responsibility under s. 324.031 is deemed
   16  to have:
   17         1.Medical payments coverage to a limit of $10,000, unless
   18  the insurer obtains a named insured’s written refusal of medical
   19  payments coverage or written selection of medical payments
   20  coverage at a limit other than $10,000, but not less than
   21  $5,000. The rejection or selection of coverage at a limit other
   22  than $10,000 must be made on a form approved by the office.
   23         2.No medical payments coverage deductible, unless the
   24  insurer obtains a named insured’s written selection of a
   25  deductible up to $500. The selection of a deductible must be
   26  made on a form approved by the office.
   27         (d)1.The forms referenced in subparagraphs (c)1. and 2.
   28  must fully advise the applicant of the nature of the coverage
   29  being rejected or the policy limit or deductible being selected.
   30  If the form is signed by a named insured, it is conclusively
   31  presumed that there was an informed, knowing rejection of the
   32  coverage or election of the policy limit or deductible.
   33         2.Unless a named insured requests in writing the coverage
   34  specified in this section, it need not be provided in or
   35  supplemental to any other policy that renews, insures, extends,
   36  changes, supersedes, or replaces an existing policy if a named
   37  insured has rejected the coverage specified in this section or
   38  has selected an alternative coverage limit or deductible. At
   39  least annually, the insurer shall provide to the named insured a
   40  notice of the availability of such coverage in a form approved
   41  by the office. The notice must be part of, and attached to, the
   42  notice of premium and must provide for a means to allow a named
   43  insured to request medical payments coverage at the limits and
   44  deductibles required to be offered under this section. The
   45  notice must be given in a manner approved by the office. Receipt
   46  of this notice does not constitute an affirmative waiver of the
   47  insured’s right to medical payments coverage if a named insured
   48  has not signed a selection or rejection form.
   49         (e) This section may not be construed to limit any other
   50  coverage made available by an insurer.
   51         (2)Upon receiving notice of an accident that is
   52  potentially covered by medical payments coverage benefits, the
   53  insurer must reserve $5,000 of medical payments coverage
   54  benefits for payment to physicians licensed under chapter 458 or
   55  chapter 459 or dentists licensed under chapter 466 who provide
   56  emergency services and care, as defined in s. 395.002, or who
   57  provide hospital inpatient care. The amount required to be held
   58  in reserve may be used only to pay claims from such physicians
   59  or dentists until 30 days after the date the insurer receives
   60  notice of the accident. After the 30-day period, any amount of
   61  the reserve for which the insurer has not received notice of
   62  such claims may be used by the insurer to pay other claims. This
   63  subsection does not require an insurer to establish a claim
   64  reserve for insurance accounting purposes.
   65         (3)An insurer providing medical payments coverage benefits
   66  may not:
   67         (a)Seek a lien on any recovery in tort by judgment,
   68  settlement, or otherwise for medical payments coverage benefits,
   69  regardless of whether suit has been filed or settlement has been
   70  reached without suit; or
   71         (b)Bring a cause of action against a person to whom or for
   72  whom medical payments coverage benefits were paid, except when
   73  medical payments coverage benefits were paid by reason of fraud
   74  committed by that person.
   75         (4)An insurer providing medical payments coverage may
   76  include provisions in its policy allowing for subrogation for
   77  medical payments coverage benefits paid if the expenses giving
   78  rise to the payments were caused by the wrongful act or omission
   79  of another who is not also an insured under the policy paying
   80  the medical payments coverage benefits. However, this
   81  subrogation right is inferior to the rights of the injured
   82  insured and is available only after all the insured’s damages
   83  are recovered and the insured is made whole. An insured who
   84  obtains a recovery from a third party of the full amount of the
   85  damages sustained and delivers a release or satisfaction that
   86  impairs a medical payments insurer’s subrogation right is liable
   87  to the insurer for repayment of medical payments coverage
   88  benefits less any expenses of acquiring the recovery, including
   89  a prorated share of attorney fees and costs, and shall hold that
   90  net recovery in trust to be delivered to the medical payments
   91  insurer. The insurer may not include any provision in its policy
   92  allowing for subrogation for any death benefit paid.
   93         Section 45. Subsections (1) and (7) of section 627.727,
   94  Florida Statutes, are amended to read:
   95         627.727 Motor vehicle insurance; uninsured and underinsured
   96  vehicle coverage; insolvent insurer protection.—
   97         (1) A No motor vehicle liability insurance policy that
   98  which provides bodily injury liability coverage may not shall be
   99  delivered or issued for delivery in this state with respect to
  100  any specifically insured or identified motor vehicle registered
  101  or principally garaged in this state, unless uninsured motor
  102  vehicle coverage is provided therein or supplemental thereto for
  103  the protection of persons insured thereunder who are legally
  104  entitled to recover damages from owners or operators of
  105  uninsured motor vehicles because of bodily injury, sickness, or
  106  disease, including death, resulting therefrom. However, the
  107  coverage required under this section is not applicable if when,
  108  or to the extent that, an insured named in the policy makes a
  109  written rejection of the coverage on behalf of all insureds
  110  under the policy. If When a motor vehicle is leased for a period
  111  of 1 year or longer and the lessor of such vehicle, by the terms
  112  of the lease contract, provides liability coverage on the leased
  113  vehicle, the lessee of such vehicle has shall have the sole
  114  privilege to reject uninsured motorist coverage or to select
  115  lower limits than the bodily injury liability limits, regardless
  116  of whether the lessor is qualified as a self-insurer pursuant to
  117  s. 324.171. Unless an insured, or a lessee having the privilege
  118  of rejecting uninsured motorist coverage, requests such coverage
  119  or requests higher uninsured motorist limits in writing, the
  120  coverage or such higher uninsured motorist limits need not be
  121  provided in or supplemental to any other policy that which
  122  renews, extends, changes, supersedes, or replaces an existing
  123  policy with the same bodily injury liability limits when an
  124  insured or lessee had rejected the coverage. When an insured or
  125  lessee has initially selected limits of uninsured motorist
  126  coverage lower than her or his bodily injury liability limits,
  127  higher limits of uninsured motorist coverage need not be
  128  provided in or supplemental to any other policy that which
  129  renews, extends, changes, supersedes, or replaces an existing
  130  policy with the same bodily injury liability limits unless an
  131  insured requests higher uninsured motorist coverage in writing.
  132  The rejection or selection of lower limits must shall be made on
  133  a form approved by the office. The form must shall fully advise
  134  the applicant of the nature of the coverage and must shall state
  135  that the coverage is equal to bodily injury liability limits
  136  unless lower limits are requested or the coverage is rejected.
  137  The heading of the form must shall be in 12-point bold type and
  138  must shall state: “You are electing not to purchase certain
  139  valuable coverage that which protects you and your family or you
  140  are purchasing uninsured motorist limits less than your bodily
  141  injury liability limits when you sign this form. Please read
  142  carefully.” If this form is signed by a named insured, it will
  143  be conclusively presumed that there was an informed, knowing
  144  rejection of coverage or election of lower limits on behalf of
  145  all insureds. The insurer shall notify the named insured at
  146  least annually of her or his options as to the coverage required
  147  by this section. Such notice must shall be part of, and attached
  148  to, the notice of premium, must shall provide for a means to
  149  allow the insured to request such coverage, and must shall be
  150  given in a manner approved by the office. Receipt of this notice
  151  does not constitute an affirmative waiver of the insured’s right
  152  to uninsured motorist coverage if where the insured has not
  153  signed a selection or rejection form. The coverage described
  154  under this section must shall be over and above, but may shall
  155  not duplicate, the benefits available to an insured under any
  156  workers’ compensation law, personal injury protection benefits,
  157  disability benefits law, or similar law; under any automobile
  158  medical payments expense coverage; under any motor vehicle
  159  liability insurance coverage; or from the owner or operator of
  160  the uninsured motor vehicle or any other person or organization
  161  jointly or severally liable together with such owner or operator
  162  for the accident,; and such coverage must shall cover the
  163  difference, if any, between the sum of such benefits and the
  164  damages sustained, up to the maximum amount of such coverage
  165  provided under this section. The amount of coverage available
  166  under this section may shall not be reduced by a setoff against
  167  any coverage, including liability insurance. Such coverage does
  168  shall not inure directly or indirectly to the benefit of any
  169  workers’ compensation or disability benefits carrier or any
  170  person or organization qualifying as a self-insurer under any
  171  workers’ compensation or disability benefits law or similar law.
  172         (7) The legal liability of an uninsured motorist coverage
  173  insurer includes does not include damages in tort for pain,
  174  suffering, disability or physical impairment, disfigurement,
  175  mental anguish, and inconvenience, and the loss of capacity for
  176  the enjoyment of life experienced in the past and to be
  177  experienced in the future unless the injury or disease is
  178  described in one or more of paragraphs (a)-(d) of s. 627.737(2).
  179         Section 46. Section 627.7275, Florida Statutes, is amended
  180  to read:
  181         627.7275 Motor vehicle liability.—
  182         (1) A motor vehicle insurance policy providing personal
  183  injury protection as set forth in s. 627.736 may not be
  184  delivered or issued for delivery in this state for a with
  185  respect to any specifically insured or identified motor vehicle
  186  registered or principally garaged in this state must provide
  187  bodily injury liability coverage, $5,000 of medical payments
  188  coverage, and unless the policy also provides coverage for
  189  property damage liability coverage as required under by s.
  190  324.022.
  191         (2)(a) Insurers writing motor vehicle insurance in this
  192  state shall make available, subject to the insurers’ usual
  193  underwriting restrictions:
  194         1. Coverage under policies as described in subsection (1)
  195  to an applicant for private passenger motor vehicle insurance
  196  coverage who is seeking the coverage in order to reinstate the
  197  applicant’s driving privileges in this state if the driving
  198  privileges were revoked or suspended pursuant to s. 316.646 or
  199  s. 324.0221 due to the failure of the applicant to maintain
  200  required security.
  201         2. Coverage under policies as described in subsection (1),
  202  which includes bodily injury also provides liability coverage
  203  and property damage liability coverage, for bodily injury,
  204  death, and property damage arising out of the ownership,
  205  maintenance, or use of the motor vehicle in an amount not less
  206  than the minimum limits required under described in s.
  207  324.021(7) or s. 324.023 and which conforms to the requirements
  208  of s. 324.151, to an applicant for private passenger motor
  209  vehicle insurance coverage who is seeking the coverage in order
  210  to reinstate the applicant’s driving privileges in this state
  211  after such privileges were revoked or suspended under s. 316.193
  212  or s. 322.26(2) for driving under the influence.
  213         (b) The policies described in paragraph (a) must shall be
  214  issued for at least 6 months and, as to the minimum coverages
  215  required under this section, may not be canceled by the insured
  216  for any reason or by the insurer after 60 days, during which
  217  period the insurer is completing the underwriting of the policy.
  218  After the insurer has completed underwriting the policy, the
  219  insurer shall notify the Department of Highway Safety and Motor
  220  Vehicles that the policy is in full force and effect and is not
  221  cancelable for the remainder of the policy period. A premium
  222  must shall be collected and the coverage is in effect for the
  223  60-day period during which the insurer is completing the
  224  underwriting of the policy, whether or not the person’s driver
  225  license, motor vehicle tag, and motor vehicle registration are
  226  in effect. Once the noncancelable provisions of the policy
  227  become effective, the bodily injury liability and property
  228  damage liability coverages for bodily injury, property damage,
  229  and personal injury protection may not be reduced below the
  230  minimum limits required under s. 324.021 or s. 324.023 during
  231  the policy period.
  232         (c) This subsection controls to the extent of any conflict
  233  with any other section.
  234         (d) An insurer issuing a policy subject to this section may
  235  cancel the policy if, during the policy term, the named insured,
  236  or any other operator who resides in the same household or
  237  customarily operates an automobile insured under the policy, has
  238  his or her driver license suspended or revoked.
  239         (e) This subsection does not require an insurer to offer a
  240  policy of insurance to an applicant if such offer would be
  241  inconsistent with the insurer’s underwriting guidelines and
  242  procedures.
  243         Section 47. Effective upon this act becoming a law, section
  244  627.7278, Florida Statutes, is created to read:
  245         627.7278Applicability and construction; notice to
  246  policyholders.—
  247         (1) As used in this section, the term “minimum security
  248  requirements” means security that enables a person to respond in
  249  damages for liability on account of crashes arising out of the
  250  ownership, maintenance, or use of a motor vehicle, in the
  251  amounts required by s. 324.022(1), as amended by this act.
  252         (2) Effective January 1, 2022:
  253         (a) Motor vehicle insurance policies issued or renewed on
  254  or after that date may not include personal injury protection.
  255         (b) All persons subject to s. 324.022, s. 324.032, s.
  256  627.7415, or s. 627.742 must maintain at least minimum security
  257  requirements.
  258         (c) Any new or renewal motor vehicle insurance policy
  259  delivered or issued for delivery in this state must provide
  260  coverage that complies with minimum security requirements.
  261         (d) An existing motor vehicle insurance policy issued
  262  before that date which provides personal injury protection and
  263  property damage liability coverage that meets the requirements
  264  of s. 324.022 on December 31, 2021, but which does not meet
  265  minimum security requirements on or after January 1, 2022, is
  266  deemed to meet minimum security requirements until such policy
  267  is renewed, nonrenewed, or canceled on or after January 1, 2022.
  268  Sections 627.730-627.7405, 400.9905, 400.991, 456.057, 456.072,
  269  627.7263, 627.727, 627.748, 626.9541(1)(i), and 817.234, Florida
  270  Statutes 2020, remain in full force and effect for motor vehicle
  271  accidents covered under a policy issued under the Florida Motor
  272  Vehicle No-Fault Law before January 1, 2022, until the policy is
  273  renewed, nonrenewed, or canceled on or after January 1, 2022.
  274         (3) Each insurer shall allow each insured who has a new or
  275  renewal policy providing personal injury protection which
  276  becomes effective before January 1, 2022, and whose policy does
  277  not meet minimum security requirements on or after January 1,
  278  2022, to change coverages so as to eliminate personal injury
  279  protection and obtain coverage providing minimum security
  280  requirements, which shall be effective on or after January 1,
  281  2022. The insurer is not required to provide coverage complying
  282  with minimum security requirements in such policies if the
  283  insured does not pay the required premium, if any, by January 1,
  284  2022, or such later date as the insurer may allow. The insurer
  285  also shall offer each insured medical payments coverage pursuant
  286  to s. 627.7265. Any reduction in the premium must be refunded by
  287  the insurer. The insurer may not impose on the insured an
  288  additional fee or charge that applies solely to a change in
  289  coverage; however, the insurer may charge an additional required
  290  premium that is actuarially indicated.
  291         (4) By September 1, 2021, each motor vehicle insurer shall
  292  provide notice of this section to each motor vehicle
  293  policyholder who is subject to this section. The notice is
  294  subject to approval by the office and must clearly inform the
  295  policyholder that:
  296         (a) The Florida Motor Vehicle No-Fault Law is repealed
  297  effective January 1, 2022, and that on or after that date, the
  298  insured is no longer required to maintain personal injury
  299  protection insurance coverage, that personal injury protection
  300  coverage is no longer available for purchase in this state, and
  301  that all new or renewal policies issued on or after that date
  302  will not contain that coverage.
  303         (b) Effective January 1, 2022, a person subject to the
  304  financial responsibility requirements of s. 324.022 must
  305  maintain minimum security requirements that enable the person to
  306  respond to damages for liability on account of accidents arising
  307  out of the use of a motor vehicle in the following amounts:
  308         1. Twenty-five thousand dollars for bodily injury to, or
  309  the death of, one person in any one crash and, subject to such
  310  limits for one person, in the amount of $50,000 for bodily
  311  injury to, or the death of, two or more persons in any one
  312  crash; and
  313         2.Ten thousand dollars for damage to, or destruction of,
  314  the property of others in any one crash.
  315         (c) Bodily injury liability coverage protects the insured,
  316  up to the coverage limits, against loss if the insured is
  317  legally responsible for the death of or bodily injury to others
  318  in a motor vehicle accident.
  319         (d) Effective January 1, 2022, each policyholder of motor
  320  vehicle liability insurance purchased as proof of financial
  321  responsibility must include medical payments coverage benefits
  322  that comply with s. 627.7265. The insurer must include medical
  323  payments coverage at a limit of $5,000 and offer medical
  324  payments coverage at a limit of $10,000