Florida Senate - 2021 SENATOR AMENDMENT
Bill No. CS/CS/SB 54, 1st Eng.
Ì731398NÎ731398
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/RM . Floor: C
04/30/2021 10:00 AM . 04/30/2021 02:11 PM
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Senator Burgess moved the following:
1 Senate Amendment to House Amendment (958927) (with title
2 amendment)
3
4 Delete lines 1922 - 2910
5 and insert:
6 death benefit coverage under s. 627.72761, bodily injury
7 liability coverage, property damage liability coverage a policy
8 of motor vehicle liability, personal injury protection, medical
9 payments coverage payment, or collision coverage in a motor
10 vehicle liability insurance policy insurance or any combination
11 thereof or refusing to renew the policy solely because the
12 insured was involved in a motor vehicle accident unless the
13 insurer’s file contains information from which the insurer in
14 good faith determines that the insured was substantially at
15 fault in the accident.
16 b. An insurer which imposes and collects such a surcharge
17 or which refuses to renew such policy shall, in conjunction with
18 the notice of premium due or notice of nonrenewal, notify the
19 named insured that he or she is entitled to reimbursement of
20 such amount or renewal of the policy under the conditions listed
21 below and will subsequently reimburse him or her or renew the
22 policy, if the named insured demonstrates that the operator
23 involved in the accident was:
24 (I) Lawfully parked;
25 (II) Reimbursed by, or on behalf of, a person responsible
26 for the accident or has a judgment against such person;
27 (III) Struck in the rear by another vehicle headed in the
28 same direction and was not convicted of a moving traffic
29 violation in connection with the accident;
30 (IV) Hit by a “hit-and-run” driver, if the accident was
31 reported to the proper authorities within 24 hours after
32 discovering the accident;
33 (V) Not convicted of a moving traffic violation in
34 connection with the accident, but the operator of the other
35 automobile involved in such accident was convicted of a moving
36 traffic violation;
37 (VI) Finally adjudicated not to be liable by a court of
38 competent jurisdiction;
39 (VII) In receipt of a traffic citation which was dismissed
40 or nolle prossed; or
41 (VIII) Not at fault as evidenced by a written statement
42 from the insured establishing facts demonstrating lack of fault
43 which are not rebutted by information in the insurer’s file from
44 which the insurer in good faith determines that the insured was
45 substantially at fault.
46 c. In addition to the other provisions of this
47 subparagraph, an insurer may not fail to renew a policy if the
48 insured has had only one accident in which he or she was at
49 fault within the current 3-year period. However, an insurer may
50 nonrenew a policy for reasons other than accidents in accordance
51 with s. 627.728. This subparagraph does not prohibit nonrenewal
52 of a policy under which the insured has had three or more
53 accidents, regardless of fault, during the most recent 3-year
54 period.
55 4. Imposing or requesting an additional premium for, or
56 refusing to renew, a policy for motor vehicle insurance solely
57 because the insured committed a noncriminal traffic infraction
58 as described in s. 318.14 unless the infraction is:
59 a. A second infraction committed within an 18-month period,
60 or a third or subsequent infraction committed within a 36-month
61 period.
62 b. A violation of s. 316.183, when such violation is a
63 result of exceeding the lawful speed limit by more than 15 miles
64 per hour.
65 5. Upon the request of the insured, the insurer and
66 licensed agent shall supply to the insured the complete proof of
67 fault or other criteria which justifies the additional charge or
68 cancellation.
69 6. No insurer shall impose or request an additional premium
70 for motor vehicle insurance, cancel or refuse to issue a policy,
71 or refuse to renew a policy because the insured or the applicant
72 is a handicapped or physically disabled person, so long as such
73 handicap or physical disability does not substantially impair
74 such person’s mechanically assisted driving ability.
75 7. No insurer may cancel or otherwise terminate any
76 insurance contract or coverage, or require execution of a
77 consent to rate endorsement, during the stated policy term for
78 the purpose of offering to issue, or issuing, a similar or
79 identical contract or coverage to the same insured with the same
80 exposure at a higher premium rate or continuing an existing
81 contract or coverage with the same exposure at an increased
82 premium.
83 8. No insurer may issue a nonrenewal notice on any
84 insurance contract or coverage, or require execution of a
85 consent to rate endorsement, for the purpose of offering to
86 issue, or issuing, a similar or identical contract or coverage
87 to the same insured at a higher premium rate or continuing an
88 existing contract or coverage at an increased premium without
89 meeting any applicable notice requirements.
90 9. No insurer shall, with respect to premiums charged for
91 motor vehicle insurance, unfairly discriminate solely on the
92 basis of age, sex, marital status, or scholastic achievement.
93 10. Imposing or requesting an additional premium for motor
94 vehicle comprehensive or uninsured motorist coverage solely
95 because the insured was involved in a motor vehicle accident or
96 was convicted of a moving traffic violation.
97 11. No insurer shall cancel or issue a nonrenewal notice on
98 any insurance policy or contract without complying with any
99 applicable cancellation or nonrenewal provision required under
100 the Florida Insurance Code.
101 12. No insurer shall impose or request an additional
102 premium, cancel a policy, or issue a nonrenewal notice on any
103 insurance policy or contract because of any traffic infraction
104 when adjudication has been withheld and no points have been
105 assessed pursuant to s. 318.14(9) and (10). However, this
106 subparagraph does not apply to traffic infractions involving
107 accidents in which the insurer has incurred a loss due to the
108 fault of the insured.
109 Section 36. Paragraph (a) of subsection (1) of section
110 626.989, Florida Statutes, is amended to read:
111 626.989 Investigation by department or Division of
112 Investigative and Forensic Services; compliance; immunity;
113 confidential information; reports to division; division
114 investigator’s power of arrest.—
115 (1) For the purposes of this section:
116 (a) A person commits a “fraudulent insurance act” if the
117 person:
118 1. Knowingly and with intent to defraud presents, causes to
119 be presented, or prepares with knowledge or belief that it will
120 be presented, to or by an insurer, self-insurer, self-insurance
121 fund, servicing corporation, purported insurer, broker, or any
122 agent thereof, any written statement as part of, or in support
123 of, an application for the issuance of, or the rating of, any
124 insurance policy, or a claim for payment or other benefit
125 pursuant to any insurance policy, which the person knows to
126 contain materially false information concerning any fact
127 material thereto or if the person conceals, for the purpose of
128 misleading another, information concerning any fact material
129 thereto.
130 2. Knowingly submits:
131 a. A false, misleading, or fraudulent application or other
132 document when applying for licensure as a health care clinic,
133 seeking an exemption from licensure as a health care clinic, or
134 demonstrating compliance with part X of chapter 400 with an
135 intent to use the license, exemption from licensure, or
136 demonstration of compliance to provide services or seek
137 reimbursement under a motor vehicle liability insurance policy’s
138 medical payments coverage the Florida Motor Vehicle No-Fault
139 Law.
140 b. A claim for payment or other benefit under medical
141 payments coverage, pursuant to a personal injury protection
142 insurance policy under the Florida Motor Vehicle No-Fault Law if
143 the person knows that the payee knowingly submitted a false,
144 misleading, or fraudulent application or other document when
145 applying for licensure as a health care clinic, seeking an
146 exemption from licensure as a health care clinic, or
147 demonstrating compliance with part X of chapter 400.
148 Section 37. Subsection (1) of section 627.06501, Florida
149 Statutes, is amended to read:
150 627.06501 Insurance discounts for certain persons
151 completing driver improvement course.—
152 (1) Any rate, rating schedule, or rating manual for the
153 liability, medical payments, death benefit personal injury
154 protection, and collision coverages of a motor vehicle insurance
155 policy filed with the office may provide for an appropriate
156 reduction in premium charges as to such coverages if when the
157 principal operator on the covered vehicle has successfully
158 completed a driver improvement course approved and certified by
159 the Department of Highway Safety and Motor Vehicles which is
160 effective in reducing crash or violation rates, or both, as
161 determined pursuant to s. 318.1451(5). Any discount, not to
162 exceed 10 percent, used by an insurer is presumed to be
163 appropriate unless credible data demonstrates otherwise.
164 Section 38. Subsection (15) is added to section 627.0651,
165 Florida Statutes, to read:
166 627.0651 Making and use of rates for motor vehicle
167 insurance.—
168 (15) Rate filings for motor vehicle liability policies that
169 implement the financial responsibility requirements of s.
170 324.022 in effect January 1, 2022, except for commercial motor
171 vehicle insurance policies exempt under paragraph (14)(a), must
172 reflect such financial responsibility requirements and may be
173 approved only through the file and use process under paragraph
174 (1)(a).
175 Section 39. Subsection (1) of section 627.0652, Florida
176 Statutes, is amended to read:
177 627.0652 Insurance discounts for certain persons completing
178 safety course.—
179 (1) Any rates, rating schedules, or rating manuals for the
180 liability, medical payments, death benefit personal injury
181 protection, and collision coverages of a motor vehicle insurance
182 policy filed with the office must shall provide for an
183 appropriate reduction in premium charges as to such coverages if
184 when the principal operator on the covered vehicle is an insured
185 55 years of age or older who has successfully completed a motor
186 vehicle accident prevention course approved by the Department of
187 Highway Safety and Motor Vehicles. Any discount used by an
188 insurer is presumed to be appropriate unless credible data
189 demonstrates otherwise.
190 Section 40. Subsections (1), (3), and (6) of section
191 627.0653, Florida Statutes, are amended to read:
192 627.0653 Insurance discounts for specified motor vehicle
193 equipment.—
194 (1) Any rates, rating schedules, or rating manuals for the
195 liability, medical payments, death benefit personal injury
196 protection, and collision coverages of a motor vehicle insurance
197 policy filed with the office must shall provide a premium
198 discount if the insured vehicle is equipped with factory
199 installed, four-wheel antilock brakes.
200 (3) Any rates, rating schedules, or rating manuals for
201 personal injury protection coverage and medical payments
202 coverage, if offered, of a motor vehicle insurance policy filed
203 with the office must shall provide a premium discount if the
204 insured vehicle is equipped with one or more air bags that which
205 are factory installed.
206 (6) The Office of Insurance Regulation may approve a
207 premium discount to any rates, rating schedules, or rating
208 manuals for the liability, medical payments, death benefit
209 personal injury protection, and collision coverages of a motor
210 vehicle insurance policy filed with the office if the insured
211 vehicle is equipped with an automated driving system or
212 electronic vehicle collision avoidance technology that is
213 factory installed or a retrofitted system and that complies with
214 National Highway Traffic Safety Administration standards.
215 Section 41. Section 627.4132, Florida Statutes, is amended
216 to read:
217 627.4132 Stacking of coverages prohibited.—If an insured or
218 named insured is protected by any type of motor vehicle
219 insurance policy for bodily injury and property damage
220 liability, personal injury protection, or other coverage, the
221 policy must shall provide that the insured or named insured is
222 protected only to the extent of the coverage she or he has on
223 the vehicle involved in the accident. However, if none of the
224 insured’s or named insured’s vehicles are is involved in the
225 accident, coverage is available only to the extent of coverage
226 on any one of the vehicles with applicable coverage. Coverage on
227 any other vehicles may shall not be added to or stacked upon
228 that coverage. This section does not apply:
229 (1) Apply to uninsured motorist coverage that which is
230 separately governed by s. 627.727.
231 (2) To Reduce the coverage available by reason of insurance
232 policies insuring different named insureds.
233 Section 42. Subsection (1) of section 627.4137, Florida
234 Statutes, is amended to read:
235 627.4137 Disclosure of certain information required.—
236 (1) Each insurer which does or may provide liability
237 insurance coverage to pay all or a portion of any claim which
238 might be made shall provide, within 30 days of the written
239 request of the claimant or the claimant’s attorney, a statement,
240 under oath, of a corporate officer or the insurer’s claims
241 manager or superintendent setting forth the following
242 information with regard to each known policy of insurance,
243 including excess or umbrella insurance:
244 (a) The name of the insurer.
245 (b) The name of each insured.
246 (c) The limits of the liability coverage.
247 (d) A statement of any policy or coverage defense which
248 such insurer reasonably believes is available to such insurer at
249 the time of filing such statement.
250 (e) A copy of the policy.
251
252 In addition, the insured, or her or his insurance agent, upon
253 written request of the claimant or the claimant’s attorney,
254 shall disclose the name and coverage of each known insurer to
255 the claimant and shall forward such request for information as
256 required by this subsection to all affected insurers. The
257 insurer shall then supply the information required in this
258 subsection to the claimant within 30 days of receipt of such
259 request. If an insurer fails to timely comply with this section,
260 the claimant may file an action in a court of competent
261 jurisdiction to enforce this section. If the court determines
262 that the insurer violated this section, the claimant is entitled
263 to an award of reasonable attorney fees and costs to be paid by
264 the insurer.
265 Section 43. Section 627.7263, Florida Statutes, is amended
266 to read:
267 627.7263 Rental and leasing driver’s insurance to be
268 primary; exception.—
269 (1) The valid and collectible liability insurance, death
270 benefit coverage, and medical payments coverage or personal
271 injury protection insurance providing coverage for the lessor of
272 a motor vehicle for rent or lease is primary unless otherwise
273 stated in at least 10-point type on the face of the rental or
274 lease agreement. Such insurance is primary for the limits of
275 liability and personal injury protection coverage as required by
276 s. 324.021(7), the death benefit coverage limit specified under
277 s. 627.72761, and the medical payments coverage limit specified
278 under s. 627.7265 ss. 324.021(7) and 627.736.
279 (2) If the lessee’s coverage is to be primary, the rental
280 or lease agreement must contain the following language, in at
281 least 10-point type:
282
283 “The valid and collectible liability insurance, death
284 benefit coverage, and medical payments coverage
285 personal injury protection insurance of an any
286 authorized rental or leasing driver is primary for the
287 limits of liability and personal injury protection
288 coverage required under section 324.021(7), Florida
289 Statutes, the limit of the death benefit coverage
290 required under section 627.72761, Florida Statutes,
291 and the medical payments coverage limit specified
292 under section 627.7265 by ss. 324.021(7) and 627.736,
293 Florida Statutes.”
294 Section 44. Section 627.7265, Florida Statutes, is created
295 to read:
296 627.7265 Motor vehicle insurance; medical payments
297 coverage.—
298 (1) Medical payments coverage must protect the named
299 insured, resident relatives, persons operating the insured motor
300 vehicle, passengers in the insured motor vehicle, and persons
301 who are struck by the insured motor vehicle and suffer bodily
302 injury while not an occupant of a self-propelled motor vehicle
303 at a limit of at least $5,000 for medical expenses incurred due
304 to bodily injury, sickness, or disease arising out of the
305 ownership, maintenance, or use of a motor vehicle. The coverage
306 must provide an additional death benefit of at least $5,000.
307 (a) Before issuing a motor vehicle liability insurance
308 policy that is furnished as proof of financial responsibility
309 under s. 324.031, the insurer must offer medical payments
310 coverage at limits of $5,000 and $10,000. The insurer may also
311 offer medical payments coverage at any limit greater than
312 $5,000.
313 (b) The insurer must offer medical payments coverage with
314 no deductible. The insurer may also offer medical payments
315 coverage with a deductible not to exceed $500.
316 (c) Each motor vehicle liability insurance policy furnished
317 as proof of financial responsibility under s. 324.031 is deemed
318 to have:
319 1. Medical payments coverage to a limit of $10,000, unless
320 the insurer obtains a named insured’s written refusal of medical
321 payments coverage or written selection of medical payments
322 coverage at a limit other than $10,000. The rejection or
323 selection of coverage at a limit other than $10,000 must be made
324 on a form approved by the office.
325 2. No medical payments coverage deductible, unless the
326 insurer obtains a named insured’s written selection of a
327 deductible up to $500. The selection of a deductible must be
328 made on a form approved by the office.
329 (d)1. The forms referenced in subparagraphs (c)1. and 2.
330 must fully advise the applicant of the nature of the coverage
331 being rejected or the policy limit or deductible being selected.
332 If the form is signed by a named insured, it is conclusively
333 presumed that there was an informed, knowing rejection of the
334 coverage or election of the policy limit or deductible.
335 2. Unless a named insured requests in writing the coverage
336 specified in this section, it need not be provided in or
337 supplemental to any other policy that renews, insures, extends,
338 changes, supersedes, or replaces an existing policy if a named
339 insured has rejected the coverage specified in this section or
340 has selected an alternative coverage limit or deductible. At
341 least annually, the insurer shall provide to the named insured a
342 notice of the availability of such coverage in a form approved
343 by the office. The notice must be part of, and attached to, the
344 notice of premium and must provide for a means to allow a named
345 insured to request medical payments coverage at the limits and
346 deductibles required to be offered under this section. The
347 notice must be given in a manner approved by the office. Receipt
348 of this notice does not constitute an affirmative waiver of the
349 insured’s right to medical payments coverage if a named insured
350 has not signed a selection or rejection form.
351 (e) This section may not be construed to limit any other
352 coverage made available by an insurer.
353 (2) Upon receiving notice of an accident that is
354 potentially covered by medical payments coverage benefits, the
355 insurer must reserve $5,000 of medical payments coverage
356 benefits for payment to physicians licensed under chapter 458 or
357 chapter 459 or dentists licensed under chapter 466 who provide
358 emergency services and care, as defined in s. 395.002, or who
359 provide hospital inpatient care. The amount required to be held
360 in reserve may be used only to pay claims from such physicians
361 or dentists until 30 days after the date the insurer receives
362 notice of the accident. After the 30-day period, any amount of
363 the reserve for which the insurer has not received notice of
364 such claims may be used by the insurer to pay other claims. This
365 subsection does not require an insurer to establish a claim
366 reserve for insurance accounting purposes.
367 (3) An insurer providing medical payments coverage benefits
368 may not:
369 (a) Seek a lien on any recovery in tort by judgment,
370 settlement, or otherwise for medical payments coverage benefits,
371 regardless of whether suit has been filed or settlement has been
372 reached without suit; or
373 (b) Bring a cause of action against a person to whom or for
374 whom medical payments coverage benefits were paid, except when
375 medical payments coverage benefits were paid by reason of fraud
376 committed by that person.
377 (4) An insurer providing medical payments coverage may
378 include provisions in its policy allowing for subrogation for
379 medical payments coverage benefits paid if the expenses giving
380 rise to the payments were caused by the wrongful act or omission
381 of another who is not also an insured under the policy paying
382 the medical payments coverage benefits. However, this
383 subrogation right is inferior to the rights of the injured
384 insured and is available only after all the insured’s damages
385 are recovered and the insured is made whole. An insured who
386 obtains a recovery from a third party of the full amount of the
387 damages sustained and delivers a release or satisfaction that
388 impairs a medical payments insurer’s subrogation right is liable
389 to the insurer for repayment of medical payments coverage
390 benefits less any expenses of acquiring the recovery, including
391 a prorated share of attorney fees and costs, and shall hold that
392 net recovery in trust to be delivered to the medical payments
393 insurer. The insurer may not include any provision in its policy
394 allowing for subrogation for any death benefit paid.
395 Section 45. Subsections (1) and (7) of section 627.727,
396 Florida Statutes, are amended to read:
397 627.727 Motor vehicle insurance; uninsured and underinsured
398 vehicle coverage; insolvent insurer protection.—
399 (1) A No motor vehicle liability insurance policy that
400 which provides bodily injury liability coverage may not shall be
401 delivered or issued for delivery in this state with respect to
402 any specifically insured or identified motor vehicle registered
403 or principally garaged in this state, unless uninsured motor
404 vehicle coverage is provided therein or supplemental thereto for
405 the protection of persons insured thereunder who are legally
406 entitled to recover damages from owners or operators of
407 uninsured motor vehicles because of bodily injury, sickness, or
408 disease, including death, resulting therefrom. However, the
409 coverage required under this section is not applicable if when,
410 or to the extent that, an insured named in the policy makes a
411 written rejection of the coverage on behalf of all insureds
412 under the policy. If When a motor vehicle is leased for a period
413 of 1 year or longer and the lessor of such vehicle, by the terms
414 of the lease contract, provides liability coverage on the leased
415 vehicle, the lessee of such vehicle has shall have the sole
416 privilege to reject uninsured motorist coverage or to select
417 lower limits than the bodily injury liability limits, regardless
418 of whether the lessor is qualified as a self-insurer pursuant to
419 s. 324.171. Unless an insured, or a lessee having the privilege
420 of rejecting uninsured motorist coverage, requests such coverage
421 or requests higher uninsured motorist limits in writing, the
422 coverage or such higher uninsured motorist limits need not be
423 provided in or supplemental to any other policy that which
424 renews, extends, changes, supersedes, or replaces an existing
425 policy with the same bodily injury liability limits when an
426 insured or lessee had rejected the coverage. When an insured or
427 lessee has initially selected limits of uninsured motorist
428 coverage lower than her or his bodily injury liability limits,
429 higher limits of uninsured motorist coverage need not be
430 provided in or supplemental to any other policy that which
431 renews, extends, changes, supersedes, or replaces an existing
432 policy with the same bodily injury liability limits unless an
433 insured requests higher uninsured motorist coverage in writing.
434 The rejection or selection of lower limits must shall be made on
435 a form approved by the office. The form must shall fully advise
436 the applicant of the nature of the coverage and must shall state
437 that the coverage is equal to bodily injury liability limits
438 unless lower limits are requested or the coverage is rejected.
439 The heading of the form must shall be in 12-point bold type and
440 must shall state: “You are electing not to purchase certain
441 valuable coverage that which protects you and your family or you
442 are purchasing uninsured motorist limits less than your bodily
443 injury liability limits when you sign this form. Please read
444 carefully.” If this form is signed by a named insured, it will
445 be conclusively presumed that there was an informed, knowing
446 rejection of coverage or election of lower limits on behalf of
447 all insureds. The insurer shall notify the named insured at
448 least annually of her or his options as to the coverage required
449 by this section. Such notice must shall be part of, and attached
450 to, the notice of premium, must shall provide for a means to
451 allow the insured to request such coverage, and must shall be
452 given in a manner approved by the office. Receipt of this notice
453 does not constitute an affirmative waiver of the insured’s right
454 to uninsured motorist coverage if where the insured has not
455 signed a selection or rejection form. The coverage described
456 under this section must shall be over and above, but may shall
457 not duplicate, the benefits available to an insured under any
458 workers’ compensation law, personal injury protection benefits,
459 disability benefits law, or similar law; under any automobile
460 medical payments expense coverage; under any motor vehicle
461 liability insurance coverage; or from the owner or operator of
462 the uninsured motor vehicle or any other person or organization
463 jointly or severally liable together with such owner or operator
464 for the accident,; and such coverage must shall cover the
465 difference, if any, between the sum of such benefits and the
466 damages sustained, up to the maximum amount of such coverage
467 provided under this section. The amount of coverage available
468 under this section may shall not be reduced by a setoff against
469 any coverage, including liability insurance. Such coverage does
470 shall not inure directly or indirectly to the benefit of any
471 workers’ compensation or disability benefits carrier or any
472 person or organization qualifying as a self-insurer under any
473 workers’ compensation or disability benefits law or similar law.
474 (7) The legal liability of an uninsured motorist coverage
475 insurer includes does not include damages in tort for pain,
476 suffering, disability or physical impairment, disfigurement,
477 mental anguish, and inconvenience, and the loss of capacity for
478 the enjoyment of life experienced in the past and to be
479 experienced in the future unless the injury or disease is
480 described in one or more of paragraphs (a)-(d) of s. 627.737(2).
481 Section 46. Section 627.7275, Florida Statutes, is amended
482 to read:
483 627.7275 Required coverages in motor vehicle insurance
484 policies; availability to certain applicants liability.—
485 (1) A motor vehicle insurance policy providing personal
486 injury protection as set forth in s. 627.736 may not be
487 delivered or issued for delivery in this state for a with
488 respect to any specifically insured or identified motor vehicle
489 registered or principally garaged in this state must provide
490 bodily injury liability coverage and unless the policy also
491 provides coverage for property damage liability coverage as
492 required under by s. 324.022 and s. 324.151 and the death
493 benefit required under s. 627.72761.
494 (2)(a) Insurers writing motor vehicle insurance in this
495 state shall make available, subject to the insurers’ usual
496 underwriting restrictions:
497 1. Coverage under policies as described in subsection (1)
498 to an applicant for private passenger motor vehicle insurance
499 coverage who is seeking the coverage in order to reinstate the
500 applicant’s driving privileges in this state if the driving
501 privileges were revoked or suspended pursuant to s. 316.646 or
502 s. 324.0221 due to the failure of the applicant to maintain
503 required security.
504 2. Coverage under policies as described in subsection (1),
505 which includes bodily injury also provides liability coverage
506 and property damage liability coverage, for bodily injury,
507 death, and property damage arising out of the ownership,
508 maintenance, or use of the motor vehicle in an amount not less
509 than the minimum limits required under described in s.
510 324.021(7) or s. 324.023 and which conforms to the requirements
511 of s. 324.151, to an applicant for private passenger motor
512 vehicle insurance coverage who is seeking the coverage in order
513 to reinstate the applicant’s driving privileges in this state
514 after such privileges were revoked or suspended under s. 316.193
515 or s. 322.26(2) for driving under the influence.
516 (b) The policies described in paragraph (a) must shall be
517 issued for at least 6 months and, as to the minimum coverages
518 required under this section, may not be canceled by the insured
519 for any reason or by the insurer after 60 days, during which
520 period the insurer is completing the underwriting of the policy.
521 After the insurer has completed underwriting the policy, the
522 insurer shall notify the Department of Highway Safety and Motor
523 Vehicles that the policy is in full force and effect and is not
524 cancelable for the remainder of the policy period. A premium
525 must shall be collected and the coverage is in effect for the
526 60-day period during which the insurer is completing the
527 underwriting of the policy, whether or not the person’s driver
528 license, motor vehicle tag, and motor vehicle registration are
529 in effect. Once the noncancelable provisions of the policy
530 become effective, the bodily injury liability and property
531 damage liability coverages for bodily injury, property damage,
532 and personal injury protection may not be reduced below the
533 minimum limits required under s. 324.021 or s. 324.023 during
534 the policy period.
535 (c) This subsection controls to the extent of any conflict
536 with any other section.
537 (d) An insurer issuing a policy subject to this section may
538 cancel the policy if, during the policy term, the named insured,
539 or any other operator who resides in the same household or
540 customarily operates an automobile insured under the policy, has
541 his or her driver license suspended or revoked.
542 (e) This subsection does not require an insurer to offer a
543 policy of insurance to an applicant if such offer would be
544 inconsistent with the insurer’s underwriting guidelines and
545 procedures.
546 Section 47. Section 627.72761, Florida Statutes, is created
547 to read:
548 627.72761 Required motor vehicle death benefit coverage.—An
549 insurance policy complying with the financial responsibility
550 requirements of s. 324.022 must provide a death benefit of
551 $5,000 per deceased individual upon the death of the named
552 insured, relatives residing in the same household, persons
553 operating the insured motor vehicle, passengers in the motor
554 vehicle, and other persons struck by the motor vehicle and
555 suffering bodily injury while not an occupant of a self
556 propelled motor vehicle when such death arises out of the
557 ownership, maintenance, or use of a motor vehicle. The insurer
558 may pay death benefits to the executor or administrator of the
559 deceased individual; to any of the deceased individual’s
560 relatives by blood, legal adoption, or marriage; or to any
561 person appearing to the insurer to be equitably entitled to such
562 benefits. The benefit may not be paid if the deceased individual
563 died as a result of causing injury or death to himself or
564 herself intentionally, or because of injuries or death incurred
565 while committing a felony.
566 Section 48. Effective upon this act becoming a law, section
567 627.7278, Florida Statutes, is created to read:
568 627.7278 Applicability and construction; notice to
569 policyholders.—
570 (1) As used in this section, the term “minimum security
571 requirements” means security that enables a person to respond in
572 damages for liability on account of crashes arising out of the
573 ownership, maintenance, or use of a motor vehicle, in the
574 amounts required by s. 324.022(1), as amended by this act.
575 (2) Effective January 1, 2022:
576 (a) Motor vehicle insurance policies issued or renewed on
577 or after that date may not include personal injury protection.
578 (b) All persons subject to s. 324.022, s. 324.032, s.
579 627.7415, or s. 627.742 must maintain at least minimum security
580 requirements.
581 (c) Any new or renewal motor vehicle insurance policy
582 delivered or issued for delivery in this state must provide
583 coverage that complies with minimum security requirements and
584 provides the death benefit set forth in s. 627.72761.
585 (d) An existing motor vehicle insurance policy issued
586 before that date which provides personal injury protection and
587 property damage liability coverage that meets the requirements
588 of s. 324.022 on December 31, 2021, but which does not meet
589 minimum security requirements on or after January 1, 2022, is
590 deemed to meet minimum security requirements until such policy
591 is renewed, nonrenewed, or canceled on or after January 1, 2022.
592 Sections 400.9905, 400.991, 456.057, 456.072, 626.9541(1)(i),
593 627.7263, 627.727, 627.730-627.7405, 627.748, and 817.234,
594 Florida Statutes 2020, remain in full force and effect for motor
595 vehicle accidents covered under a policy issued under the
596 Florida Motor Vehicle No-Fault Law before January 1, 2022, until
597 the policy is renewed, nonrenewed, or canceled on or after
598 January 1, 2022.
599 (3) Each insurer shall allow each insured who has a new or
600 renewal policy providing personal injury protection which
601 becomes effective before January 1, 2022, and whose policy does
602 not meet minimum security requirements on or after January 1,
603 2022, to change coverages so as to eliminate personal injury
604 protection and obtain coverage providing minimum security
605 requirements and the death benefit set forth in s. 627.72761,
606 which shall be effective on or after January 1, 2022. The
607 insurer is not required to provide coverage complying with
608 minimum security requirements and the death benefit set forth in
609 s. 627.72761 in such policies if the insured does not pay the
610 required premium, if any, by January 1, 2022, or such later date
611 as the insurer may allow. The insurer also shall offer each
612 insured medical payments coverage pursuant to s. 627.7265. Any
613 reduction in the premium must be refunded by the insurer. The
614 insurer may not impose on the insured an additional fee or
615 charge that applies solely to a change in coverage; however, the
616 insurer may charge an additional required premium that is
617 actuarially indicated.
618 (4) By September 1, 2021, each motor vehicle insurer shall
619 provide notice of this section to each motor vehicle
620 policyholder who is subject to this section. The notice is
621 subject to approval by the office and must clearly inform the
622 policyholder that:
623 (a) The Florida Motor Vehicle No-Fault Law is repealed
624 effective January 1, 2022, and that on or after that date, the
625 insured is no longer required to maintain personal injury
626 protection insurance coverage, that personal injury protection
627 coverage is no longer available for purchase in this state, and
628 that all new or renewal policies issued on or after that date
629 will not contain that coverage.
630 (b) Effective January 1, 2022, a person subject to the
631 financial responsibility requirements of s. 324.022 must:
632 1. Maintain minimum security requirements that enable the
633 person to respond to damages for liability on account of
634 accidents arising out of the use of a motor vehicle in the
635 following amounts:
636 a. Twenty-five thousand dollars for bodily injury to, or
637 the death of, one person in any one crash and, subject to such
638 limits for one person, in the amount of $50,000 for bodily
639 injury to, or the death of, two or more persons in any one
640 crash; and
641 b. Ten thousand dollars for damage to, or destruction of,
642 the property of others in any one crash.
643 2. Purchase a death benefit pursuant to s. 627.72761
644 providing coverage in the amount of $5,000 per deceased
645 individual upon the death of the named insured, relatives
646 residing in the same household, persons operating the insured
647 motor vehicle, passengers in the motor vehicle, and other
648 persons struck by the motor vehicle and suffering bodily injury
649 while not an occupant of a self-propelled motor vehicle, when
650 such death arises out of the ownership, maintenance, or use of a
651 motor vehicle.
652 (c) Bodily injury liability coverage protects the insured,
653 up to the coverage limits, against loss if the insured is
654 legally responsible for the death of or bodily injury to others
655 in a motor vehicle accident.
656 (d) Effective January 1, 2022, each policyholder of motor
657 vehicle liability insurance purchased as proof of financial
658 responsibility must be offered medical payments coverage
659 benefits that comply with s. 627.7265. The insurer must offer
660 medical payments coverage at limits of $5,000 and $10,000
661 without a deductible. The insurer may also offer medical
662 payments coverage at other limits greater than $5,000 and may
663 offer coverage with a deductible of up to $500. Medical payments
664 coverage pays covered medical expenses incurred due to bodily
665 injury, sickness, or disease arising out of the ownership,
666 maintenance, or use of the motor vehicle, up to the limits of
667 such coverage, for injuries sustained in a motor vehicle crash
668 by the named insured, resident relatives, any persons operating
669 the insured motor vehicle, passengers in the insured motor
670 vehicle, and persons who are struck by the insured motor vehicle
671 and suffer bodily injury while not an occupant of a self
672 propelled motor vehicle as provided in s. 627.7265. Medical
673 payments coverage also provides a death benefit of at least
674 $5,000.
675 (e) The policyholder may obtain uninsured and underinsured
676 motorist coverage that provides benefits, up to the limits of
677 such coverage, to a policyholder or other insured entitled to
678 recover damages for bodily injury, sickness, disease, or death
679 resulting from a motor vehicle accident with an uninsured or
680 underinsured owner or operator of a motor vehicle.
681 (f) If the policyholder’s new or renewal motor vehicle
682 insurance policy is effective before January 1, 2022, and
683 contains personal injury protection and property damage
684 liability coverage as required by state law before January 1,
685 2022, but does not meet minimum security requirements on or
686 after January 1, 2022, the policy is deemed to meet minimum
687 security requirements and need not provide the death benefit set
688 forth in s. 627.72761 until it is renewed, nonrenewed, or
689 canceled on or after January 1, 2022.
690 (g) A policyholder whose new or renewal policy becomes
691 effective before January 1, 2022, but does not meet minimum
692 security requirements on or after January 1, 2022, may change
693 coverages under the policy so as to eliminate personal injury
694 protection and to obtain coverage providing minimum security
695 requirements, including bodily injury liability coverage and the
696 death benefit set forth in s. 627.72761, which are effective on
697 or after January 1, 2022.
698 (h) If the policyholder has any questions, he or she should
699 contact the person named at the telephone number provided in the
700 notice.
701 Section 49. Paragraph (a) of subsection (1) of section
702 627.728, Florida Statutes, is amended to read:
703 627.728 Cancellations; nonrenewals.—
704 (1) As used in this section, the term:
705 (a) “Policy” means the bodily injury and property damage
706 liability, personal injury protection, medical payments, death
707 benefit, comprehensive, collision, and uninsured motorist
708 coverage portions of a policy of motor vehicle insurance
709 delivered or issued for delivery in this state:
710 1. Insuring a natural person as named insured or one or
711 more related individuals who are residents resident of the same
712 household; and
713 2. Insuring only a motor vehicle of the private passenger
714 type or station wagon type which is not used as a public or
715 livery conveyance for passengers or rented to others; or
716 insuring any other four-wheel motor vehicle having a load
717 capacity of 1,500 pounds or less which is not used in the
718 occupation, profession, or business of the insured other than
719 farming; other than any policy issued under an automobile
720 insurance assigned risk plan or covering garage, automobile
721 sales agency, repair shop, service station, or public parking
722 place operation hazards.
723
724 The term “policy” does not include a binder as defined in s.
725 627.420 unless the duration of the binder period exceeds 60
726 days.
727 Section 50. Subsection (1), paragraph (a) of subsection
728 (5), and subsections (6) and (7) of section 627.7295, Florida
729 Statutes, are amended to read:
730 627.7295 Motor vehicle insurance contracts.—
731 (1) As used in this section, the term:
732 (a) “Policy” means a motor vehicle insurance policy that
733 provides death benefit coverage under s. 627.72761, bodily
734 injury liability personal injury protection coverage, and,
735 property damage liability coverage, or both.
736 (b) “Binder” means a binder that provides motor vehicle
737 death benefit coverage under s. 627.72761, bodily injury
738 liability coverage, personal injury protection and property
739 damage liability coverage.
740 (5)(a) A licensed general lines agent may charge a per
741 policy fee of up to not to exceed $10 to cover the
742 administrative costs of the agent associated with selling the
743 motor vehicle insurance policy if the policy covers only the
744 death benefit coverage set forth in s. 627.72761, bodily injury
745 liability coverage, personal injury protection coverage as
746 provided by s. 627.736 and property damage liability coverage as
747 provided by s. 627.7275 and if no other insurance is sold or
748 issued in conjunction with or collateral to the policy. The fee
749 is not considered part of the premium.
750 (6) If a motor vehicle owner’s driver license, license
751 plate, and registration have previously been suspended pursuant
752 to s. 316.646 or s. 627.733, an insurer may cancel a new policy
753 only as provided in s. 627.7275.
754 (7) A policy of private passenger motor vehicle insurance
755 or a binder for such a policy may be initially issued in this
756 state only if, before the effective date of such binder or
757 policy, the insurer or agent has collected from the insured an
758 amount equal to at least 1 month’s premium. An insurer, agent,
759 or premium finance company may not, directly or indirectly, take
760 any action that results resulting in the insured paying having
761 paid from the insured’s own funds an amount less than the 1
762 month’s premium required by this subsection. This subsection
763 applies without regard to whether the premium is financed by a
764 premium finance company or is paid pursuant to a periodic
765 payment plan of an insurer or an insurance agent.
766 (a) This subsection does not apply:
767 1. If an insured or member of the insured’s family is
768 renewing or replacing a policy or a binder for such policy
769 written by the same insurer or a member of the same insurer
770 group. This subsection does not apply
771 2. To an insurer that issues private passenger motor
772 vehicle coverage primarily to active duty or former military
773 personnel or their dependents. This subsection does not apply
774 3. If all policy payments are paid pursuant to a payroll
775 deduction plan, an automatic electronic funds transfer payment
776 plan from the policyholder, or a recurring credit card or debit
777 card agreement with the insurer.
778 (b) This subsection and subsection (4) do not apply if:
779 1. All policy payments to an insurer are paid pursuant to
780 an automatic electronic funds transfer payment plan from an
781 agent, a managing general agent, or a premium finance company
782 and if the policy includes, at a minimum, the death benefit
783 coverage set forth in s. 627.72761, bodily injury liability
784 coverage, and personal injury protection pursuant to ss.
785 627.730-627.7405; motor vehicle property damage liability
786 coverage pursuant to s. 627.7275; or and bodily injury liability
787 in at least the amount of $10,000 because of bodily injury to,
788 or death of, one person in any one accident and in the amount of
789 $20,000 because of bodily injury to, or death of, two or more
790 persons in any one accident. This subsection and subsection (4)
791 do not apply if
792 2. An insured has had a policy in effect for at least 6
793 months, the insured’s agent is terminated by the insurer that
794 issued the policy, and the insured obtains coverage on the
795 policy’s renewal date with a new company through the terminated
796 agent.
797 Section 51. Section 627.7415, Florida Statutes, is amended
798 to read:
799 627.7415 Commercial motor vehicles; additional liability
800 insurance coverage.—Beginning January 1, 2022, commercial motor
801 vehicles, as defined in s. 207.002 or s. 320.01, operated upon
802 the roads and highways of this state must shall be insured with
803 the following minimum levels of combined bodily liability
804 insurance and property damage liability insurance in addition to
805 any other insurance requirements:
806 (1) Sixty Fifty thousand dollars per occurrence for a
807 commercial motor vehicle with a gross vehicle weight of 26,000
808 pounds or more, but less than 35,000 pounds.
809 (2) One hundred twenty thousand dollars per occurrence for
810 a commercial motor vehicle with a gross vehicle weight of 35,000
811 pounds or more, but less than 44,000 pounds.
812 (3) Three hundred thousand dollars per occurrence for a
813 commercial motor vehicle with a gross vehicle weight of 44,000
814 pounds or more.
815 (4) All commercial motor vehicles subject to regulations of
816 the United States Department of Transportation, 49 C.F.R. part
817 387, subpart A, and as may be hereinafter amended, shall be
818 insured in an amount equivalent to the minimum levels of
819 financial responsibility as set forth in such regulations.
820
821 A violation of this section is a noncriminal traffic infraction,
822 punishable as a nonmoving violation as provided in chapter 318.
823 Section 52. Section 627.747, Florida Statutes, is created
824 to read:
825 627.747 Named driver exclusion.—
826 (1) A private passenger motor vehicle policy may exclude
827 the following coverages for all claims or suits resulting from
828 the operation of a motor vehicle by an identified individual who
829 is not a named insured, provided that the identified individual
830 is specifically excluded by name on the declarations page or by
831 endorsement and the policyholder consents in writing to the
832 exclusion:
833 (a) Property damage liability coverage.
834 (b) Bodily injury liability coverage.
835 (c) Death benefit coverage under s. 627.72761, for the
836 death of the identified excluded individual.
837 (d) Uninsured motorist coverage for any damages sustained
838 by the identified excluded individual, if the policyholder has
839 purchased such coverage.
840 (e) Medical payments coverage for any injuries sustained by
841 the identified excluded individual, if the policyholder has
842 purchased such coverage.
843 (f) Any coverage the policyholder is not required by law to
844 purchase.
845 (2) A private passenger motor vehicle policy may not
846 exclude coverage when:
847 (a) The identified excluded individual is injured while not
848 operating a motor vehicle;
849 (b) The exclusion is unfairly discriminatory under the
850 Florida Insurance Code, as determined by the office; or
851 (c) The exclusion is inconsistent with the underwriting
852 rules filed by the insurer pursuant to s. 627.0651(13)(a).
853 (3) A driver excluded pursuant to this section must
854 establish, maintain, and show proof of financial ability to
855 respond for damages arising out of ownership, maintenance, or
856 use of a motor vehicle as required by chapter 324.
857 (4) An identified excluded individual’s failure to comply
858 with subsection (3) does not invalidate a properly executed
859 exclusion issued in compliance with subsections (1) and (2).
860 Section 52. Paragraphs (b), (c), and (g) of subsection (7),
861 paragraphs (a) and (b) of subsection (8), and paragraph (b) of
862 subsection (16) of section 627.748, Florida Statutes, are
863 amended to read:
864 627.748 Transportation network companies.—
865 (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE
866 REQUIREMENTS.—
867 (b) The following automobile insurance requirements apply
868 while a participating TNC driver is logged on to the digital
869 network but is not engaged in a prearranged ride:
870 1. Automobile insurance that provides:
871 a. A primary automobile liability coverage of at least
872 $50,000 for death and bodily injury per person, $100,000 for
873 death and bodily injury per incident, and $25,000 for property
874 damage; and
875 b. Personal injury protection benefits that meet the
876 minimum coverage amounts required under ss. 627.730-627.7405;
877 and
878 b.c. Uninsured and underinsured vehicle coverage as
879 required by s. 627.727.
880 2. The coverage requirements of this paragraph may be
881 satisfied by any of the following:
882 a. Automobile insurance maintained by the TNC driver or the
883 TNC vehicle owner;
884 b. Automobile insurance maintained by the TNC; or
885 c. A combination of sub-subparagraphs a. and b.
886 (c) The following automobile insurance requirements apply
887 while a TNC driver is engaged in a prearranged ride:
888 1. Automobile insurance that provides:
889 a. A primary automobile liability coverage of at least $1
890 million for death, bodily injury, and property damage; and
891 b. Personal injury protection benefits that meet the
892 minimum coverage amounts required of a limousine under ss.
893 627.730-627.7405; and
894 b. c. Uninsured and underinsured vehicle coverage as
895 required by s. 627.727.
896 2. The coverage requirements of this paragraph may be
897 satisfied by any of the following:
898 a. Automobile insurance maintained by the TNC driver or the
899 TNC vehicle owner;
900 b. Automobile insurance maintained by the TNC; or
901 c. A combination of sub-subparagraphs a. and b.
902 (g) Insurance satisfying the requirements under this
903 subsection is deemed to satisfy the financial responsibility
904 requirement for a motor vehicle under chapter 324 and the
905 security required under s. 627.733 for any period when the TNC
906 driver is logged onto the digital network or engaged in a
907 prearranged ride.
908 (8) TRANSPORTATION NETWORK COMPANY AND INSURER; DISCLOSURE;
909 EXCLUSIONS.—
910 (a) Before a TNC driver is allowed to accept a request for
911 a prearranged ride on the digital network, the TNC must disclose
912 in writing to the TNC driver:
913 1. The insurance coverage, including the types of coverage
914 and the limits for each coverage, which the TNC provides while
915 the TNC driver uses a TNC vehicle in connection with the TNC’s
916 digital network.
917 2. That the TNC driver’s own automobile insurance policy
918 might not provide any coverage while the TNC driver is logged on
919 to the digital network or is engaged in a prearranged ride,
920 depending on the terms of the TNC driver’s own automobile
921 insurance policy.
922 3. That the provision of rides for compensation which are
923 not prearranged rides subjects the driver to the coverage
924 requirements imposed under s. 324.032(1) and (2) and that
925 failure to meet such coverage requirements subjects the TNC
926 driver to penalties provided in s. 324.221, up to and including
927 a misdemeanor of the second degree.
928 (b)1. An insurer that provides an automobile liability
929 insurance policy under this part may exclude any and all
930 coverage afforded under the policy issued to an owner or
931 operator of a TNC vehicle while driving that vehicle for any
932 loss or injury that occurs while a TNC driver is logged on to a
933 digital network or while a TNC driver provides a prearranged
934 ride. Exclusions imposed under this subsection are limited to
935 coverage while a TNC driver is logged on to a digital network or
936 while a TNC driver provides a prearranged ride. This right to
937 exclude all coverage may apply to any coverage included in an
938 automobile insurance policy, including, but not limited to:
939 a. Liability coverage for bodily injury and property
940 damage;
941 b. Uninsured and underinsured motorist coverage;
942 c. Medical payments coverage;
943 d. Comprehensive physical damage coverage;
944 e. Collision physical damage coverage; and
945 f. Death benefit coverage under 627.72761 Personal injury
946 protection.
947 2. The exclusions described in subparagraph 1. apply
948 notwithstanding any requirement under chapter 324. These
949 exclusions do not affect or diminish coverage otherwise
950 available for permissive drivers or resident relatives under the
951 personal automobile insurance policy of the TNC driver or owner
952 of the TNC vehicle who are not occupying the TNC vehicle at the
953 time of loss. This section does not require that a personal
954 automobile insurance policy provide coverage while the TNC
955 driver is logged on to a digital network, while the TNC driver
956 is engaged in a prearranged ride, or while the TNC driver
957 otherwise uses a vehicle to transport riders for compensation.
958 3. This section must not be construed to require an insurer
959 to use any particular policy language or reference to this
960 section in order to exclude any and all coverage for any loss or
961 injury that occurs while a TNC driver is logged on to a digital
962 network or while a TNC driver provides a prearranged ride.
963 4. This section does not preclude an insurer from providing
964 primary or excess coverage for the TNC driver’s vehicle by
965 contract or endorsement.
966 (16) LUXURY GROUND TRANSPORTATION NETWORK COMPANIES.—
967 (b) An entity may elect, upon written notification to the
968 department, to be regulated as a luxury ground TNC. A luxury
969 ground TNC must:
970 1. Comply with all of the requirements of this section
971 applicable to a TNC, including subsection (17), which do not
972 conflict with subparagraph 2. or which do not prohibit the
973 company from connecting riders to drivers who operate for-hire
974 vehicles as defined in s. 320.01(15), including limousines and
975 luxury sedans and excluding taxicabs.
976 2. Maintain insurance coverage as required by subsection
977 (7). However, if a prospective luxury ground TNC satisfies
978 minimum financial responsibility through compliance with s.
979 324.032(3) s. 324.032(2) by using self-insurance when it gives
980 the department written notification of its election to be
981 regulated as a luxury ground TNC, the luxury ground TNC may use
982 self-insurance to meet the insurance requirements of subsection
983 (7), so long as such self-insurance complies with s. 324.032(3)
984 s. 324.032(2) and provides the limits of liability required by
985 subsection (7).
986 Section 53. Paragraph (a) of subsection (2) of section
987 627.749, Florida Statutes, is amended to read:
988 627.749 Autonomous vehicles; insurance requirements.—
989 (2) INSURANCE REQUIREMENTS.—
990 (a) A fully autonomous vehicle with the automated driving
991 system engaged while logged on to an on-demand autonomous
992 vehicle network or engaged in a prearranged ride must be covered
993 by a policy of automobile insurance which provides:
994 1. Primary liability coverage of at least $1 million for
995 death, bodily injury, and property damage.
996 2. Personal injury protection benefits that meet the
997 minimum coverage amounts required under ss. 627.730-627.7405.
998 2.3. Uninsured and underinsured vehicle coverage as
999 required by s. 627.727.
1000 Section 54. Section 627.8405, Florida Statutes, is amended
1001 to read:
1002 627.8405 Prohibited acts; financing companies.—A No premium
1003 finance company shall, in a premium finance agreement or other
1004 agreement, may not finance the cost of or otherwise provide for
1005 the collection or remittance of dues, assessments, fees, or
1006 other periodic payments of money for the cost of:
1007 (1) A membership in an automobile club. The term
1008 “automobile club” means a legal entity that which, in
1009 consideration of dues, assessments, or periodic payments of
1010 money, promises its members or subscribers to assist them in
1011 matters relating to the ownership, operation, use, or
1012 maintenance of a motor vehicle; however, the term this
1013 definition of “automobile club” does not include persons,
1014 associations, or corporations which are organized and operated
1015 solely for the purpose of conducting, sponsoring, or sanctioning
1016 motor vehicle races, exhibitions, or contests upon racetracks,
1017 or upon racecourses established and marked as such for the
1018 duration of such particular events. As used in this subsection,
1019 the term words “motor vehicle” has used herein have the same
1020 meaning as defined in chapter 320.
1021 (2) An accidental death and dismemberment policy sold in
1022 combination with a policy providing only death benefit coverage
1023 under s. 627.72761, bodily injury liability coverage, personal
1024 injury protection and property damage liability coverage only
1025 policy.
1026 (3) Any product not regulated under the provisions of this
1027 insurance code.
1028
1029 This section also applies to premium financing by any insurance
1030 agent or insurance company under part XVI. The commission shall
1031 adopt rules to assure disclosure, at the time of sale, of
1032 coverages financed with personal injury protection and shall
1033 prescribe the form of such disclosure.
1034 Section 55. Subsection (1) of section 627.915, Florida
1035 Statutes, is amended to read:
1036 627.915 Insurer experience reporting.—
1037 (1) Each insurer transacting private passenger automobile
1038 insurance in this state shall report certain information
1039 annually to the office. The information will be due on or before
1040 July 1 of each year. The information must shall be divided into
1041 the following categories: bodily injury liability; property
1042 damage liability; uninsured motorist; death benefit coverage
1043 under s. 627.72761; personal injury protection
1044
1045 ================= T I T L E A M E N D M E N T ================
1046 And the title is amended as follows:
1047 Between lines 3565 and 3566
1048 insert:
1049 creating s. 627.72761, F.S.; requiring motor vehicle
1050 insurance policies to provide death benefits;
1051 specifying requirements for and persons to whom such
1052 benefits may and may not be paid;