Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 54
       
       
       
       
       
       
                                Ì824756FÎ824756                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/14/2021 07:02 PM       .                                
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       Senator Burgess moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 820 - 3498
    4  and insert:
    5         (2) As used in this section, the term:
    6         (a) “Motor vehicle” means any self-propelled vehicle that
    7  has four or more wheels and that is of a type designed and
    8  required to be licensed for use on the highways of this state,
    9  and any trailer or semitrailer designed for use with such
   10  vehicle. The term does not include the following:
   11         1. A mobile home as defined in s. 320.01.
   12         2. A motor vehicle that is used in mass transit and
   13  designed to transport more than five passengers, exclusive of
   14  the operator of the motor vehicle, and that is owned by a
   15  municipality, transit authority, or political subdivision of the
   16  state.
   17         3. A school bus as defined in s. 1006.25, which must
   18  maintain security as required under s. 316.615.
   19         4. A commercial motor vehicle as defined in s. 207.002 or
   20  s. 320.01(25), which must maintain security as required under
   21  ss. 324.031 and 627.7415.
   22         5. A nonpublic sector bus, which must maintain security as
   23  required under ss. 324.031 and 627.742.
   24         6.4. A vehicle providing for-hire passenger transportation
   25  vehicle, which must that is subject to the provisions of s.
   26  324.031. A taxicab shall maintain security as required under s.
   27  324.032 s. 324.032(1).
   28         7.5. A personal delivery device as defined in s. 316.003.
   29         8.A motorcycle as defined in s. 320.01(26), unless s.
   30  324.051 applies; in such case, paragraph (1)(a) and the
   31  applicable proof of insurance provisions of s. 320.02 apply.
   32         (b) “Owner” means the person who holds legal title to a
   33  motor vehicle or the debtor or lessee who has the right to
   34  possession of a motor vehicle that is the subject of a security
   35  agreement or lease with an option to purchase.
   36         (3) Each nonresident owner or registrant of a motor vehicle
   37  that, whether operated or not, has been physically present
   38  within this state for more than 90 days during the preceding 365
   39  days shall maintain security as required by subsection (1). The
   40  security must be that is in effect continuously throughout the
   41  period the motor vehicle remains within this state.
   42         (4) An The owner or registrant of a motor vehicle who is
   43  exempt from the requirements of this section if she or he is a
   44  member of the United States Armed Forces and is called to or on
   45  active duty outside the United States in an emergency situation
   46  is exempt from this section while he or she. The exemption
   47  provided by this subsection applies only as long as the member
   48  of the Armed Forces is on such active duty. This exemption
   49  outside the United States and applies only while the vehicle
   50  covered by the security is not operated by any person. Upon
   51  receipt of a written request by the insured to whom the
   52  exemption provided in this subsection applies, the insurer shall
   53  cancel the coverages and return any unearned premium or suspend
   54  the security required by this section. Notwithstanding s.
   55  324.0221(2) s. 324.0221(3), the department may not suspend the
   56  registration or operator’s license of an any owner or registrant
   57  of a motor vehicle during the time she or he qualifies for the
   58  an exemption under this subsection. An Any owner or registrant
   59  of a motor vehicle who qualifies for the an exemption under this
   60  subsection shall immediately notify the department before prior
   61  to and at the end of the expiration of the exemption.
   62         Section 14. Subsections (1) and (2) of section 324.0221,
   63  Florida Statutes, are amended to read:
   64         324.0221 Reports by insurers to the department; suspension
   65  of driver license and vehicle registrations; reinstatement.—
   66         (1)(a) Each insurer that has issued a policy providing
   67  personal injury protection coverage or property damage liability
   68  coverage shall report the cancellation or nonrenewal thereof to
   69  the department within 10 days after the processing date or
   70  effective date of each cancellation or nonrenewal. Upon the
   71  issuance of a policy providing personal injury protection
   72  coverage or property damage liability coverage to a named
   73  insured not previously insured by the insurer during that
   74  calendar year, the insurer shall report the issuance of the new
   75  policy to the department within 10 days. The report must shall
   76  be in the form and format and contain any information required
   77  by the department and must be provided in a format that is
   78  compatible with the data processing capabilities of the
   79  department. Failure by an insurer to file proper reports with
   80  the department as required by this subsection constitutes a
   81  violation of the Florida Insurance Code. These records may shall
   82  be used by the department only for enforcement and regulatory
   83  purposes, including the generation by the department of data
   84  regarding compliance by owners of motor vehicles with the
   85  requirements for financial responsibility coverage.
   86         (b) With respect to an insurance policy providing personal
   87  injury protection coverage or property damage liability
   88  coverage, each insurer shall notify the named insured, or the
   89  first-named insured in the case of a commercial fleet policy, in
   90  writing that any cancellation or nonrenewal of the policy will
   91  be reported by the insurer to the department. The notice must
   92  also inform the named insured that failure to maintain bodily
   93  injury liability personal injury protection coverage and
   94  property damage liability coverage on a motor vehicle when
   95  required by law may result in the loss of registration and
   96  driving privileges in this state and inform the named insured of
   97  the amount of the reinstatement fees required by this section.
   98  This notice is for informational purposes only, and an insurer
   99  is not civilly liable for failing to provide this notice.
  100         (2) The department shall suspend, after due notice and an
  101  opportunity to be heard, the registration and driver license of
  102  any owner or registrant of a motor vehicle for with respect to
  103  which security is required under s. 324.022, s. 324.032, s.
  104  627.7415, or s. 627.742 ss. 324.022 and 627.733 upon:
  105         (a) The department’s records showing that the owner or
  106  registrant of such motor vehicle did not have the in full force
  107  and effect when required security in full force and effect that
  108  complies with the requirements of ss. 324.022 and 627.733; or
  109         (b) Notification by the insurer to the department, in a
  110  form approved by the department, of cancellation or termination
  111  of the required security.
  112         Section 15. Section 324.0222, Florida Statutes, is created
  113  to read:
  114         324.0222Application of suspensions for failure to maintain
  115  security; reinstatement.—All suspensions for failure to maintain
  116  required security as required by law in effect before January 1,
  117  2022, remain in full force and effect after January 1, 2022. A
  118  driver may reinstate a suspended driver license or registration
  119  as provided under s. 324.0221.
  120         Section 16. Section 324.023, Florida Statutes, is amended
  121  to read:
  122         324.023 Financial responsibility for bodily injury or
  123  death.—In addition to any other financial responsibility
  124  required by law, every owner or operator of a motor vehicle that
  125  is required to be registered in this state, or that is located
  126  within this state, and who, regardless of adjudication of guilt,
  127  has been found guilty of or entered a plea of guilty or nolo
  128  contendere to a charge of driving under the influence under s.
  129  316.193 after October 1, 2007, shall, by one of the methods
  130  established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2),
  131  establish and maintain the ability to respond in damages for
  132  liability on account of accidents arising out of the use of a
  133  motor vehicle in the amount of $100,000 because of bodily injury
  134  to, or death of, one person in any one crash and, subject to
  135  such limits for one person, in the amount of $300,000 because of
  136  bodily injury to, or death of, two or more persons in any one
  137  crash and in the amount of $50,000 because of property damage in
  138  any one crash. If the owner or operator chooses to establish and
  139  maintain such ability by furnishing a certificate of deposit
  140  pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of
  141  deposit must be at least $350,000. Such higher limits must be
  142  carried for a minimum period of 3 years. If the owner or
  143  operator has not been convicted of driving under the influence
  144  or a felony traffic offense for a period of 3 years from the
  145  date of reinstatement of driving privileges for a violation of
  146  s. 316.193, the owner or operator is shall be exempt from this
  147  section.
  148         Section 17. Section 324.031, Florida Statutes, is amended
  149  to read:
  150         324.031 Manner of proving financial responsibility.—
  151         (1)The owner or operator of a taxicab, limousine, jitney,
  152  or any other for-hire passenger transportation vehicle may prove
  153  financial responsibility by providing satisfactory evidence of
  154  holding a motor vehicle liability policy as defined in s.
  155  324.021(8) or s. 324.151, which policy is issued by an insurance
  156  carrier which is a member of the Florida Insurance Guaranty
  157  Association. The operator or owner of a motor vehicle other than
  158  a for-hire passenger transportation vehicle any other vehicle
  159  may prove his or her financial responsibility by:
  160         (a)(1) Furnishing satisfactory evidence of holding a motor
  161  vehicle liability policy as defined in ss. 324.021(8) and
  162  324.151 which provides liability coverage for the motor vehicle
  163  being operated;
  164         (b)(2) Furnishing a certificate of self-insurance showing a
  165  deposit of cash in accordance with s. 324.161; or
  166         (c)(3) Furnishing a certificate of self-insurance issued by
  167  the department in accordance with s. 324.171.
  168         (2)Beginning January 1, 2022, any person, including any
  169  firm, partnership, association, corporation, or other person,
  170  other than a natural person, electing to use the method of proof
  171  specified in paragraph (1)(b) subsection (2) shall do both of
  172  the following:
  173         (a) Furnish a certificate of deposit equal to the number of
  174  vehicles owned times $60,000 $30,000, up to a maximum of
  175  $240,000. $120,000;
  176         (b)In addition, any such person, other than a natural
  177  person, shall Maintain insurance providing coverage that meets
  178  the requirements of s. 324.151 and has limits of:
  179         1.At least $125,000 for bodily injury to, or the death of,
  180  one person in any one crash and, subject to such limits for one
  181  person, in the amount of $250,000 for bodily injury to, or the
  182  death of, two or more persons in any one crash; and $50,000 for
  183  damage to, or destruction of, property of others in any one
  184  crash; or
  185         2.At least $300,000 for combined bodily injury liability
  186  and property damage liability for any one crash in excess of
  187  limits of $10,000/20,000/10,000 or $30,000 combined single
  188  limits, and such excess insurance shall provide minimum limits
  189  of $125,000/250,000/50,000 or $300,000 combined single limits.
  190  These increased limits shall not affect the requirements for
  191  proving financial responsibility under s. 324.032(1).
  192         Section 18. Section 324.032, Florida Statutes, is amended
  193  to read:
  194         324.032 Manner of proving Financial responsibility for;
  195  for-hire passenger transportation vehicles.—Notwithstanding the
  196  provisions of s. 324.031:
  197         (1) An owner or a lessee of a for-hire passenger
  198  transportation vehicle that is required to be registered in this
  199  state shall establish and continuously maintain the ability to
  200  respond in damages for liability on account of accidents arising
  201  out of the ownership, maintenance, or use of the for-hire
  202  passenger transportation vehicle, in the amount of:
  203         (a) One hundred twenty-five thousand dollars for bodily
  204  injury to, or the death of, one person in any one crash and,
  205  subject to such limits for one person, in the amount of $250,000
  206  for bodily injury to, or the death of, two or more persons in
  207  any one crash; and A person who is either the owner or a lessee
  208  required to maintain insurance under s. 627.733(1)(b) and who
  209  operates one or more taxicabs, limousines, jitneys, or any other
  210  for-hire passenger transportation vehicles may prove financial
  211  responsibility by furnishing satisfactory evidence of holding a
  212  motor vehicle liability policy, but with minimum limits of
  213  $125,000/250,000/50,000.
  214         (b) Fifty thousand dollars for damage to, or destruction
  215  of, property of others in any one crash A person who is either
  216  the owner or a lessee required to maintain insurance under s.
  217  324.021(9)(b) and who operates limousines, jitneys, or any other
  218  for-hire passenger vehicles, other than taxicabs, may prove
  219  financial responsibility by furnishing satisfactory evidence of
  220  holding a motor vehicle liability policy as defined in s.
  221  324.031.
  222         (2)Except as provided in subsection (3), the requirements
  223  of this section must be met by the owner or lessee providing
  224  satisfactory evidence of holding a motor vehicle liability
  225  policy conforming to the requirements of s. 324.151 which is
  226  issued by an insurance carrier that is a member of the Florida
  227  Insurance Guaranty Association.
  228         (3)(2) An owner or a lessee who is required to maintain
  229  insurance under s. 324.021(9)(b) and who operates at least 300
  230  taxicabs, limousines, jitneys, or any other for-hire passenger
  231  transportation vehicles may provide financial responsibility by
  232  complying with the provisions of s. 324.171, which must such
  233  compliance to be demonstrated by maintaining at its principal
  234  place of business an audited financial statement, prepared in
  235  accordance with generally accepted accounting principles, and
  236  providing to the department a certification issued by a
  237  certified public accountant that the applicant’s net worth is at
  238  least equal to the requirements of s. 324.171 as determined by
  239  the Office of Insurance Regulation of the Financial Services
  240  Commission, including claims liabilities in an amount certified
  241  as adequate by a Fellow of the Casualty Actuarial Society.
  242  
  243  Upon request by the department, the applicant shall must provide
  244  the department at the applicant’s principal place of business in
  245  this state access to the applicant’s underlying financial
  246  information and financial statements that provide the basis of
  247  the certified public accountant’s certification. The applicant
  248  shall reimburse the requesting department for all reasonable
  249  costs incurred by it in reviewing the supporting information.
  250  The maximum amount of self-insurance permissible under this
  251  subsection is $300,000 and must be stated on a per-occurrence
  252  basis, and the applicant shall maintain adequate excess
  253  insurance issued by an authorized or eligible insurer licensed
  254  or approved by the Office of Insurance Regulation. All risks
  255  self-insured shall remain with the owner or lessee providing it,
  256  and the risks are not transferable to any other person, unless a
  257  policy complying with subsections (1) and (2) subsection (1) is
  258  obtained.
  259         Section 19. Subsection (2) of section 324.051, Florida
  260  Statutes, is amended, and subsection (4) is added to that
  261  section, to read:
  262         324.051 Reports of crashes; suspensions of licenses and
  263  registrations.—
  264         (2)(a) Thirty days after receipt of notice of any accident
  265  described in paragraph (1)(a) involving a motor vehicle within
  266  this state, the department shall suspend, after due notice and
  267  opportunity to be heard, the license of each operator and all
  268  registrations of the owner of the vehicles operated by such
  269  operator whether or not involved in such crash and, in the case
  270  of a nonresident owner or operator, shall suspend such
  271  nonresident’s operating privilege in this state, unless such
  272  operator or owner shall, prior to the expiration of such 30
  273  days, be found by the department to be exempt from the operation
  274  of this chapter, based upon evidence satisfactory to the
  275  department that:
  276         1. The motor vehicle was legally parked at the time of such
  277  crash.
  278         2. The motor vehicle was owned by the United States
  279  Government, this state, or any political subdivision of this
  280  state or any municipality therein.
  281         3. Such operator or owner has secured a duly acknowledged
  282  written agreement providing for release from liability by all
  283  parties injured as the result of said crash and has complied
  284  with one of the provisions of s. 324.031.
  285         4. Such operator or owner has deposited with the department
  286  security to conform with s. 324.061 when applicable and has
  287  complied with one of the provisions of s. 324.031.
  288         5. One year has elapsed since such owner or operator was
  289  suspended pursuant to subsection (3), the owner or operator has
  290  complied with one of the provisions of s. 324.031, and no bill
  291  of complaint of which the department has notice has been filed
  292  in a court of competent jurisdiction.
  293         (b) This subsection does shall not apply:
  294         1. To such operator or owner if such operator or owner had
  295  in effect at the time of such crash or traffic conviction a
  296  motor vehicle an automobile liability policy with respect to all
  297  of the registered motor vehicles owned by such operator or
  298  owner.
  299         2. To such operator, if not the owner of such motor
  300  vehicle, if there was in effect at the time of such crash or
  301  traffic conviction a motor vehicle an automobile liability
  302  policy or bond with respect to his or her operation of motor
  303  vehicles not owned by him or her.
  304         3. To such operator or owner if the liability of such
  305  operator or owner for damages resulting from such crash is, in
  306  the judgment of the department, covered by any other form of
  307  liability insurance or bond.
  308         4. To any person who has obtained from the department a
  309  certificate of self-insurance, in accordance with s. 324.171, or
  310  to any person operating a motor vehicle for such self-insurer.
  311  
  312  No such policy or bond shall be effective under this subsection
  313  unless it contains limits of not less than those specified in s.
  314  324.021(7).
  315         (4)As used in this section, the term “motor vehicle”
  316  includes a motorcycle as defined in s. 320.01(26).
  317         Section 20. Section 324.071, Florida Statutes, is amended
  318  to read:
  319         324.071 Reinstatement; renewal of license; reinstatement
  320  fee.—An Any operator or owner whose license or registration has
  321  been suspended pursuant to s. 324.051(2), s. 324.072, s.
  322  324.081, or s. 324.121 may effect its reinstatement upon
  323  compliance with the provisions of s. 324.051(2)(a)3. or 4., or
  324  s. 324.081(2) and (3), as the case may be, and with one of the
  325  provisions of s. 324.031 and upon payment to the department of a
  326  nonrefundable reinstatement fee of $15. Only one such fee may
  327  shall be paid by any one person regardless irrespective of the
  328  number of licenses and registrations to be then reinstated or
  329  issued to such person. All Such fees must shall be deposited to
  330  a department trust fund. If When the reinstatement of any
  331  license or registration is effected by compliance with s.
  332  324.051(2)(a)3. or 4., the department may shall not renew the
  333  license or registration within a period of 3 years after from
  334  such reinstatement, nor may shall any other license or
  335  registration be issued in the name of such person, unless the
  336  operator continues is continuing to comply with one of the
  337  provisions of s. 324.031.
  338         Section 21. Subsection (1) of section 324.091, Florida
  339  Statutes, is amended to read:
  340         324.091 Notice to department; notice to insurer.—
  341         (1) Each owner and operator involved in a crash or
  342  conviction case within the purview of this chapter shall furnish
  343  evidence of automobile liability insurance or motor vehicle
  344  liability insurance within 14 days after the date of the mailing
  345  of notice of crash by the department in the form and manner as
  346  it may designate. Upon receipt of evidence that a an automobile
  347  liability policy or motor vehicle liability policy was in effect
  348  at the time of the crash or conviction case, the department
  349  shall forward to the insurer such information for verification
  350  in a method as determined by the department. The insurer shall
  351  respond to the department within 20 days after the notice as to
  352  whether or not such information is valid. If the department
  353  determines that a an automobile liability policy or motor
  354  vehicle liability policy was not in effect and did not provide
  355  coverage for both the owner and the operator, it must shall take
  356  action as it is authorized to do under this chapter.
  357         Section 22. Section 324.151, Florida Statutes, is amended
  358  to read:
  359         324.151 Motor vehicle liability policies; required
  360  provisions.—
  361         (1) A motor vehicle liability policy that serves as to be
  362  proof of financial responsibility under s. 324.031(1)(a) must s.
  363  324.031(1), shall be issued to owners or operators of motor
  364  vehicles under the following provisions:
  365         (a) A motor vehicle An owner’s liability insurance policy
  366  issued to an owner of a motor vehicle required to be registered
  367  in this state must shall designate by explicit description or by
  368  appropriate reference all motor vehicles for with respect to
  369  which coverage is thereby granted. The policy must and shall
  370  insure the person or persons owner named therein and, except for
  371  a named driver excluded pursuant to s. 627.747, must insure any
  372  resident relative of a named insured other person as operator
  373  using such motor vehicle or motor vehicles with the express or
  374  implied permission of such owner against loss from the liability
  375  imposed by law for damage arising out of the ownership,
  376  maintenance, or use of any such motor vehicle or motor vehicles
  377  within the United States or the Dominion of Canada, subject to
  378  limits, exclusive of interest and costs with respect to each
  379  such motor vehicle as is provided for under s. 324.021(7).
  380  Except for a named driver excluded pursuant to s. 627.747, the
  381  policy must also insure any person operating an insured motor
  382  vehicle with the express or implied permission of a named
  383  insured against loss from the liability imposed by law for
  384  damage arising out of the use of any vehicle. However, the
  385  insurer may include provisions in its policy excluding liability
  386  coverage for a motor vehicle not designated as an insured
  387  vehicle on the policy if such motor vehicle does not qualify as
  388  a newly acquired vehicle or as a temporary substitute vehicle
  389  and was owned by the insured or was furnished for an insured’s
  390  regular use for more than 30 consecutive days before the event
  391  giving rise to the claim. Insurers may make available, with
  392  respect to property damage liability coverage, a deductible
  393  amount not to exceed $500. In the event of a property damage
  394  loss covered by a policy containing a property damage deductible
  395  provision, the insurer shall pay to the third-party claimant the
  396  amount of any property damage liability settlement or judgment,
  397  subject to policy limits, as if no deductible existed.
  398         (b) A motor vehicle liability insurance policy issued to a
  399  person who does not own a motor vehicle must An operator’s motor
  400  vehicle liability policy of insurance shall insure the person or
  401  persons named therein against loss from the liability imposed
  402  upon him or her by law for damages arising out of the use by the
  403  person of any motor vehicle not owned by him or her, with the
  404  same territorial limits and subject to the same limits of
  405  liability as referred to above with respect to an owner’s policy
  406  of liability insurance.
  407         (c) All such motor vehicle liability policies must provide
  408  liability coverage with limits, exclusive of interest and costs,
  409  as specified under s. 324.021(7) for accidents occurring within
  410  the United States or Canada. The policies must shall state the
  411  name and address of the named insured, the coverage afforded by
  412  the policy, the premium charged therefor, the policy period, and
  413  the limits of liability, and must shall contain an agreement or
  414  be endorsed that insurance is provided in accordance with the
  415  coverage defined in this chapter as respects bodily injury and
  416  death or property damage or both and is subject to all
  417  provisions of this chapter. The Said policies must shall also
  418  contain a provision that the satisfaction by an insured of a
  419  judgment for such injury or damage may shall not be a condition
  420  precedent to the right or duty of the insurance carrier to make
  421  payment on account of such injury or damage, and must shall also
  422  contain a provision that bankruptcy or insolvency of the insured
  423  or of the insured’s estate does shall not relieve the insurance
  424  carrier of any of its obligations under the said policy.
  425         (2) The provisions of This section is shall not be
  426  applicable to any motor vehicle automobile liability policy
  427  unless and until it is furnished as proof of financial
  428  responsibility for the future pursuant to s. 324.031, and then
  429  applies only from and after the date the said policy is so
  430  furnished.
  431         (3)As used in this section, the term:
  432         (a)“Newly acquired vehicle” means a vehicle owned by a
  433  named insured or resident relative of the named insured which
  434  was acquired no more than 30 days before an accident.
  435         (b)“Resident relative” means a person related to a named
  436  insured by any degree by blood, marriage, or adoption, including
  437  a ward or foster child, who usually makes his or her home in the
  438  same family unit or residence as the named insured, regardless
  439  of whether he or she temporarily lives elsewhere.
  440         (c)“Temporary substitute vehicle” means any motor vehicle
  441  as defined in s. 320.01(1) which is not owned by the named
  442  insured and which is temporarily used with the permission of the
  443  owner as a substitute for the owned motor vehicle designated on
  444  the policy when the owned vehicle is withdrawn from normal use
  445  because of breakdown, repair, servicing, loss, or destruction.
  446         Section 23. Section 324.161, Florida Statutes, is amended
  447  to read:
  448         324.161 Proof of financial responsibility; deposit.—If a
  449  person elects to prove his or her financial responsibility under
  450  the method of proof specified in s. 324.031(1)(b), he or she
  451  annually must obtain and submit to the department proof of a
  452  certificate of deposit in the amount required under s.
  453  324.031(2) from a financial institution insured by the Federal
  454  Deposit Insurance Corporation or the National Credit Union
  455  Administration Annually, before any certificate of insurance may
  456  be issued to a person, including any firm, partnership,
  457  association, corporation, or other person, other than a natural
  458  person, proof of a certificate of deposit of $30,000 issued and
  459  held by a financial institution must be submitted to the
  460  department. A power of attorney will be issued to and held by
  461  the department and may be executed upon a judgment issued
  462  against such person making the deposit, for damages for because
  463  of bodily injury to or death of any person or for damages for
  464  because of injury to or destruction of property resulting from
  465  the use or operation of any motor vehicle occurring after such
  466  deposit was made. Money so deposited is shall not be subject to
  467  attachment or execution unless such attachment or execution
  468  arises shall arise out of a lawsuit suit for such damages as
  469  aforesaid.
  470         Section 24. Subsections (1) and (2) of section 324.171,
  471  Florida Statutes, are amended to read:
  472         324.171 Self-insurer.—
  473         (1) A Any person may qualify as a self-insurer by obtaining
  474  a certificate of self-insurance from the department. which may,
  475  in its discretion and Upon application of such a person, the
  476  department may issue a said certificate of self-insurance to an
  477  applicant who satisfies when such person has satisfied the
  478  requirements of this section. Effective January 1, 2022 to
  479  qualify as a self-insurer under this section:
  480         (a) A private individual with private passenger vehicles
  481  shall possess a net unencumbered worth of at least $100,000
  482  $40,000.
  483         (b) A person, including any firm, partnership, association,
  484  corporation, or other person, other than a natural person,
  485  shall:
  486         1. Possess a net unencumbered worth of at least $100,000
  487  $40,000 for the first motor vehicle and $50,000 $20,000 for each
  488  additional motor vehicle; or
  489         2. Maintain sufficient net worth, in an amount determined
  490  by the department, to be financially responsible for potential
  491  losses. The department annually shall determine the minimum net
  492  worth sufficient to satisfy this subparagraph as determined
  493  annually by the department, pursuant to rules adopted
  494  promulgated by the department, with the assistance of the Office
  495  of Insurance Regulation of the Financial Services Commission, to
  496  be financially responsible for potential losses. The rules must
  497  consider any shall take into consideration excess insurance
  498  carried by the applicant. The department’s determination must
  499  shall be based upon reasonable actuarial principles considering
  500  the frequency, severity, and loss development of claims incurred
  501  by casualty insurers writing coverage on the type of motor
  502  vehicles for which a certificate of self-insurance is desired.
  503         (c) The owner of a commercial motor vehicle, as defined in
  504  s. 207.002 or s. 320.01, may qualify as a self-insurer subject
  505  to the standards provided for in subparagraph (b)2.
  506         (2) The self-insurance certificate must shall provide
  507  limits of liability insurance in the amounts specified under s.
  508  324.021(7) or s. 627.7415 and shall provide personal injury
  509  protection coverage under s. 627.733(3)(b).
  510         Section 25. Section 324.251, Florida Statutes, is amended
  511  to read:
  512         324.251 Short title.—This chapter may be cited as the
  513  “Financial Responsibility Law of 2021 1955” and is shall become
  514  effective at 12:01 a.m., January 1, 2022 October 1, 1955.
  515         Section 26. Subsection (4) of section 400.9905, Florida
  516  Statutes, is amended to read:
  517         400.9905 Definitions.—
  518         (4)(a) “Clinic” means an entity where health care services
  519  are provided to individuals and which tenders charges for
  520  reimbursement for such services, including a mobile clinic and a
  521  portable equipment provider. As used in this part, the term does
  522  not include and the licensure requirements of this part do not
  523  apply to:
  524         1.(a)  Entities licensed or registered by the state under
  525  chapter 395; entities licensed or registered by the state and
  526  providing only health care services within the scope of services
  527  authorized under their respective licenses under ss. 383.30
  528  383.332, chapter 390, chapter 394, chapter 397, this chapter
  529  except part X, chapter 429, chapter 463, chapter 465, chapter
  530  466, chapter 478, chapter 484, or chapter 651; end-stage renal
  531  disease providers authorized under 42 C.F.R. part 494; providers
  532  certified and providing only health care services within the
  533  scope of services authorized under their respective
  534  certifications under 42 C.F.R. part 485, subpart B, subpart H,
  535  or subpart J; providers certified and providing only health care
  536  services within the scope of services authorized under their
  537  respective certifications under 42 C.F.R. part 486, subpart C;
  538  providers certified and providing only health care services
  539  within the scope of services authorized under their respective
  540  certifications under 42 C.F.R. part 491, subpart A; providers
  541  certified by the Centers for Medicare and Medicaid Services
  542  under the federal Clinical Laboratory Improvement Amendments and
  543  the federal rules adopted thereunder; or any entity that
  544  provides neonatal or pediatric hospital-based health care
  545  services or other health care services by licensed practitioners
  546  solely within a hospital licensed under chapter 395.
  547         2.(b)  Entities that own, directly or indirectly, entities
  548  licensed or registered by the state pursuant to chapter 395;
  549  entities that own, directly or indirectly, entities licensed or
  550  registered by the state and providing only health care services
  551  within the scope of services authorized pursuant to their
  552  respective licenses under ss. 383.30-383.332, chapter 390,
  553  chapter 394, chapter 397, this chapter except part X, chapter
  554  429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
  555  484, or chapter 651; end-stage renal disease providers
  556  authorized under 42 C.F.R. part 494; providers certified and
  557  providing only health care services within the scope of services
  558  authorized under their respective certifications under 42 C.F.R.
  559  part 485, subpart B, subpart H, or subpart J; providers
  560  certified and providing only health care services within the
  561  scope of services authorized under their respective
  562  certifications under 42 C.F.R. part 486, subpart C; providers
  563  certified and providing only health care services within the
  564  scope of services authorized under their respective
  565  certifications under 42 C.F.R. part 491, subpart A; providers
  566  certified by the Centers for Medicare and Medicaid Services
  567  under the federal Clinical Laboratory Improvement Amendments and
  568  the federal rules adopted thereunder; or any entity that
  569  provides neonatal or pediatric hospital-based health care
  570  services by licensed practitioners solely within a hospital
  571  licensed under chapter 395.
  572         3.(c)  Entities that are owned, directly or indirectly, by
  573  an entity licensed or registered by the state pursuant to
  574  chapter 395; entities that are owned, directly or indirectly, by
  575  an entity licensed or registered by the state and providing only
  576  health care services within the scope of services authorized
  577  pursuant to their respective licenses under ss. 383.30-383.332,
  578  chapter 390, chapter 394, chapter 397, this chapter except part
  579  X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
  580  478, chapter 484, or chapter 651; end-stage renal disease
  581  providers authorized under 42 C.F.R. part 494; providers
  582  certified and providing only health care services within the
  583  scope of services authorized under their respective
  584  certifications under 42 C.F.R. part 485, subpart B, subpart H,
  585  or subpart J; providers certified and providing only health care
  586  services within the scope of services authorized under their
  587  respective certifications under 42 C.F.R. part 486, subpart C;
  588  providers certified and providing only health care services
  589  within the scope of services authorized under their respective
  590  certifications under 42 C.F.R. part 491, subpart A; providers
  591  certified by the Centers for Medicare and Medicaid Services
  592  under the federal Clinical Laboratory Improvement Amendments and
  593  the federal rules adopted thereunder; or any entity that
  594  provides neonatal or pediatric hospital-based health care
  595  services by licensed practitioners solely within a hospital
  596  under chapter 395.
  597         4.(d)  Entities that are under common ownership, directly
  598  or indirectly, with an entity licensed or registered by the
  599  state pursuant to chapter 395; entities that are under common
  600  ownership, directly or indirectly, with an entity licensed or
  601  registered by the state and providing only health care services
  602  within the scope of services authorized pursuant to their
  603  respective licenses under ss. 383.30-383.332, chapter 390,
  604  chapter 394, chapter 397, this chapter except part X, chapter
  605  429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
  606  484, or chapter 651; end-stage renal disease providers
  607  authorized under 42 C.F.R. part 494; providers certified and
  608  providing only health care services within the scope of services
  609  authorized under their respective certifications under 42 C.F.R.
  610  part 485, subpart B, subpart H, or subpart J; providers
  611  certified and providing only health care services within the
  612  scope of services authorized under their respective
  613  certifications under 42 C.F.R. part 486, subpart C; providers
  614  certified and providing only health care services within the
  615  scope of services authorized under their respective
  616  certifications under 42 C.F.R. part 491, subpart A; providers
  617  certified by the Centers for Medicare and Medicaid Services
  618  under the federal Clinical Laboratory Improvement Amendments and
  619  the federal rules adopted thereunder; or any entity that
  620  provides neonatal or pediatric hospital-based health care
  621  services by licensed practitioners solely within a hospital
  622  licensed under chapter 395.
  623         5.(e) An entity that is exempt from federal taxation under
  624  26 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
  625  under 26 U.S.C. s. 409 that has a board of trustees at least
  626  two-thirds of which are Florida-licensed health care
  627  practitioners and provides only physical therapy services under
  628  physician orders, any community college or university clinic,
  629  and any entity owned or operated by the federal or state
  630  government, including agencies, subdivisions, or municipalities
  631  thereof.
  632         6.(f) A sole proprietorship, group practice, partnership,
  633  or corporation that provides health care services by physicians
  634  covered by s. 627.419, that is directly supervised by one or
  635  more of such physicians, and that is wholly owned by one or more
  636  of those physicians or by a physician and the spouse, parent,
  637  child, or sibling of that physician.
  638         7.(g) A sole proprietorship, group practice, partnership,
  639  or corporation that provides health care services by licensed
  640  health care practitioners under chapter 457, chapter 458,
  641  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
  642  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
  643  chapter 490, chapter 491, or part I, part III, part X, part
  644  XIII, or part XIV of chapter 468, or s. 464.012, and that is
  645  wholly owned by one or more licensed health care practitioners,
  646  or the licensed health care practitioners set forth in this
  647  subparagraph paragraph and the spouse, parent, child, or sibling
  648  of a licensed health care practitioner if one of the owners who
  649  is a licensed health care practitioner is supervising the
  650  business activities and is legally responsible for the entity’s
  651  compliance with all federal and state laws. However, a health
  652  care practitioner may not supervise services beyond the scope of
  653  the practitioner’s license, except that, for the purposes of
  654  this part, a clinic owned by a licensee in s. 456.053(3)(b)
  655  which provides only services authorized pursuant to s.
  656  456.053(3)(b) may be supervised by a licensee specified in s.
  657  456.053(3)(b).
  658         8.(h) Clinical facilities affiliated with an accredited
  659  medical school at which training is provided for medical
  660  students, residents, or fellows.
  661         9.(i) Entities that provide only oncology or radiation
  662  therapy services by physicians licensed under chapter 458 or
  663  chapter 459 or entities that provide oncology or radiation
  664  therapy services by physicians licensed under chapter 458 or
  665  chapter 459 which are owned by a corporation whose shares are
  666  publicly traded on a recognized stock exchange.
  667         10.(j) Clinical facilities affiliated with a college of
  668  chiropractic accredited by the Council on Chiropractic Education
  669  at which training is provided for chiropractic students.
  670         11.(k) Entities that provide licensed practitioners to
  671  staff emergency departments or to deliver anesthesia services in
  672  facilities licensed under chapter 395 and that derive at least
  673  90 percent of their gross annual revenues from the provision of
  674  such services. Entities claiming an exemption from licensure
  675  under this subparagraph paragraph must provide documentation
  676  demonstrating compliance.
  677         12.(l) Orthotic, prosthetic, pediatric cardiology, or
  678  perinatology clinical facilities or anesthesia clinical
  679  facilities that are not otherwise exempt under subparagraph 1.
  680  or subparagraph 11. paragraph (a) or paragraph (k) and that are
  681  a publicly traded corporation or are wholly owned, directly or
  682  indirectly, by a publicly traded corporation. As used in this
  683  subparagraph paragraph, a publicly traded corporation is a
  684  corporation that issues securities traded on an exchange
  685  registered with the United States Securities and Exchange
  686  Commission as a national securities exchange.
  687         13.(m) Entities that are owned by a corporation that has
  688  $250 million or more in total annual sales of health care
  689  services provided by licensed health care practitioners where
  690  one or more of the persons responsible for the operations of the
  691  entity is a health care practitioner who is licensed in this
  692  state and who is responsible for supervising the business
  693  activities of the entity and is responsible for the entity’s
  694  compliance with state law for purposes of this part.
  695         14.(n) Entities that employ 50 or more licensed health care
  696  practitioners licensed under chapter 458 or chapter 459 where
  697  the billing for medical services is under a single tax
  698  identification number. The application for exemption under this
  699  subsection must include shall contain information that includes:
  700  the name, residence, and business address and telephone phone
  701  number of the entity that owns the practice; a complete list of
  702  the names and contact information of all the officers and
  703  directors of the corporation; the name, residence address,
  704  business address, and medical license number of each licensed
  705  Florida health care practitioner employed by the entity; the
  706  corporate tax identification number of the entity seeking an
  707  exemption; a listing of health care services to be provided by
  708  the entity at the health care clinics owned or operated by the
  709  entity; and a certified statement prepared by an independent
  710  certified public accountant which states that the entity and the
  711  health care clinics owned or operated by the entity have not
  712  received payment for health care services under medical payments
  713  personal injury protection insurance coverage for the preceding
  714  year. If the agency determines that an entity that which is
  715  exempt under this subsection has received payments for medical
  716  services under medical payments personal injury protection
  717  insurance coverage, the agency may deny or revoke the exemption
  718  from licensure under this subsection.
  719         15.(o) Entities that are, directly or indirectly, under the
  720  common ownership of or that are subject to common control by a
  721  mutual insurance holding company, as defined in s. 628.703, with
  722  an entity issued a certificate of authority under chapter 624 or
  723  chapter 641 which has $1 billion or more in total annual sales
  724  in this state.
  725         16.(p) Entities that are owned by an entity that is a
  726  behavioral health care service provider in at least five other
  727  states; that, together with its affiliates, have $90 million or
  728  more in total annual revenues associated with the provision of
  729  behavioral health care services; and wherein one or more of the
  730  persons responsible for the operations of the entity is a health
  731  care practitioner who is licensed in this state, who is
  732  responsible for supervising the business activities of the
  733  entity, and who is responsible for the entity’s compliance with
  734  state law for purposes of this part.
  735         17.(q) Medicaid providers.
  736         (b) Notwithstanding paragraph (a) this subsection, an
  737  entity is shall be deemed a clinic and must be licensed under
  738  this part in order to receive medical payments coverage
  739  reimbursement under s. 627.7265 unless the entity is:
  740         1. Wholly owned by a physician licensed under chapter 458
  741  or chapter 459 or by the physician and the spouse, parent,
  742  child, or sibling of the physician;
  743         2.Wholly owned by a dentist licensed under chapter 466 or
  744  by the dentist and the spouse, parent, child, or sibling of the
  745  dentist;
  746         3. Wholly owned by a chiropractic physician licensed under
  747  chapter 460 or by the chiropractic physician and the spouse,
  748  parent, child, or sibling of the chiropractic physician;
  749         4. A hospital or ambulatory surgical center licensed under
  750  chapter 395;
  751         5. An entity that wholly owns or is wholly owned, directly
  752  or indirectly, by a hospital or hospitals licensed under chapter
  753  395;
  754         6. A clinical facility affiliated with an accredited
  755  medical school at which training is provided for medical
  756  students, residents, or fellows;
  757         7.Certified under 42 C.F.R. part 485, subpart H; or
  758         8. Owned by a publicly traded corporation, either directly
  759  or indirectly through its subsidiaries, which has $250 million
  760  or more in total annual sales of health care services provided
  761  by licensed health care practitioners, if one or more of the
  762  persons responsible for the operations of the entity are health
  763  care practitioners who are licensed in this state and are
  764  responsible for supervising the business activities of the
  765  entity and the entity’s compliance with state law for purposes
  766  of this subsection the Florida Motor Vehicle No-Fault Law, ss.
  767  627.730-627.7405, unless exempted under s. 627.736(5)(h).
  768         Section 27. Subsection (5) of section 400.991, Florida
  769  Statutes, is amended to read:
  770         400.991 License requirements; background screenings;
  771  prohibitions.—
  772         (5) All agency forms for licensure application or exemption
  773  from licensure under this part must contain the following
  774  statement:
  775  
  776  INSURANCE FRAUD NOTICE.—A person commits a fraudulent insurance
  777  act, as defined in s. 626.989, Florida Statutes, if the person
  778  who knowingly submits a false, misleading, or fraudulent
  779  application or other document when applying for licensure as a
  780  health care clinic, seeking an exemption from licensure as a
  781  health care clinic, or demonstrating compliance with part X of
  782  chapter 400, Florida Statutes, with the intent to use the
  783  license, exemption from licensure, or demonstration of
  784  compliance to provide services or seek reimbursement under a
  785  motor vehicle liability insurance policy’s medical payments
  786  coverage the Florida Motor Vehicle No-Fault Law, commits a
  787  fraudulent insurance act, as defined in s. 626.989, Florida
  788  Statutes. A person who presents a claim for benefits under
  789  medical payments coverage personal injury protection benefits
  790  knowing that the payee knowingly submitted such health care
  791  clinic application or document, commits insurance fraud, as
  792  defined in s. 817.234, Florida Statutes.
  793         Section 28. Paragraph (g) of subsection (1) of section
  794  400.9935, Florida Statutes, is amended to read:
  795         400.9935 Clinic responsibilities.—
  796         (1) Each clinic shall appoint a medical director or clinic
  797  director who shall agree in writing to accept legal
  798  responsibility for the following activities on behalf of the
  799  clinic. The medical director or the clinic director shall:
  800         (g) Conduct systematic reviews of clinic billings to ensure
  801  that the billings are not fraudulent or unlawful. Upon discovery
  802  of an unlawful charge, the medical director or clinic director
  803  shall take immediate corrective action. If the clinic performs
  804  only the technical component of magnetic resonance imaging,
  805  static radiographs, computed tomography, or positron emission
  806  tomography, and provides the professional interpretation of such
  807  services, in a fixed facility that is accredited by a national
  808  accrediting organization that is approved by the Centers for
  809  Medicare and Medicaid Services for magnetic resonance imaging
  810  and advanced diagnostic imaging services and if, in the
  811  preceding quarter, the percentage of scans performed by that
  812  clinic which was billed to motor vehicle all personal injury
  813  protection insurance carriers under medical payments coverage
  814  was less than 15 percent, the chief financial officer of the
  815  clinic may, in a written acknowledgment provided to the agency,
  816  assume the responsibility for the conduct of the systematic
  817  reviews of clinic billings to ensure that the billings are not
  818  fraudulent or unlawful.
  819         Section 29. Subsection (28) of section 409.901, Florida
  820  Statutes, is amended to read:
  821         409.901 Definitions; ss. 409.901-409.920.—As used in ss.
  822  409.901-409.920, except as otherwise specifically provided, the
  823  term:
  824         (28) “Third-party benefit” means any benefit that is or may
  825  be available at any time through contract, court award,
  826  judgment, settlement, agreement, or any arrangement between a
  827  third party and any person or entity, including, without
  828  limitation, a Medicaid recipient, a provider, another third
  829  party, an insurer, or the agency, for any Medicaid-covered
  830  injury, illness, goods, or services, including costs of medical
  831  services related thereto, for bodily personal injury or for
  832  death of the recipient, but specifically excluding policies of
  833  life insurance policies on the recipient, unless available under
  834  terms of the policy to pay medical expenses before prior to
  835  death. The term includes, without limitation, collateral, as
  836  defined in this section;, health insurance;, any benefit under a
  837  health maintenance organization, a preferred provider
  838  arrangement, a prepaid health clinic, liability insurance,
  839  uninsured motorist insurance, or medical payments coverage; or
  840  personal injury protection coverage, medical benefits under
  841  workers’ compensation, and any obligation under law or equity to
  842  provide medical support.
  843         Section 30. Paragraph (f) of subsection (11) of section
  844  409.910, Florida Statutes, is amended to read:
  845         409.910 Responsibility for payments on behalf of Medicaid
  846  eligible persons when other parties are liable.—
  847         (11) The agency may, as a matter of right, in order to
  848  enforce its rights under this section, institute, intervene in,
  849  or join any legal or administrative proceeding in its own name
  850  in one or more of the following capacities: individually, as
  851  subrogee of the recipient, as assignee of the recipient, or as
  852  lienholder of the collateral.
  853         (f) Notwithstanding any provision in this section to the
  854  contrary, in the event of an action in tort against a third
  855  party in which the recipient or his or her legal representative
  856  is a party which results in a judgment, award, or settlement
  857  from a third party, the amount recovered shall be distributed as
  858  follows:
  859         1. After attorney attorney’s fees and taxable costs as
  860  defined by the Florida Rules of Civil Procedure, one-half of the
  861  remaining recovery shall be paid to the agency up to the total
  862  amount of medical assistance provided by Medicaid.
  863         2. The remaining amount of the recovery shall be paid to
  864  the recipient.
  865         3. For purposes of calculating the agency’s recovery of
  866  medical assistance benefits paid, the fee for services of an
  867  attorney retained by the recipient or his or her legal
  868  representative shall be calculated at 25 percent of the
  869  judgment, award, or settlement.
  870         4. Notwithstanding any other provision of this section to
  871  the contrary, the agency shall be entitled to all medical
  872  coverage benefits up to the total amount of medical assistance
  873  provided by Medicaid. For purposes of this paragraph, the term
  874  “medical coverage” means any benefits under health insurance, a
  875  health maintenance organization, a preferred provider
  876  arrangement, or a prepaid health clinic, and the portion of
  877  benefits designated for medical payments under coverage for
  878  workers’ compensation coverage, motor vehicle insurance
  879  coverage, personal injury protection, and casualty coverage.
  880         Section 31. Paragraph (k) of subsection (2) of section
  881  456.057, Florida Statutes, is amended to read:
  882         456.057 Ownership and control of patient records; report or
  883  copies of records to be furnished; disclosure of information.—
  884         (2) As used in this section, the terms “records owner,”
  885  “health care practitioner,” and “health care practitioner’s
  886  employer” do not include any of the following persons or
  887  entities; furthermore, the following persons or entities are not
  888  authorized to acquire or own medical records, but are authorized
  889  under the confidentiality and disclosure requirements of this
  890  section to maintain those documents required by the part or
  891  chapter under which they are licensed or regulated:
  892         (k) Persons or entities practicing under s. 627.7265 s.
  893  627.736(7).
  894         Section 32. Paragraphs (ee) and (ff) of subsection (1) of
  895  section 456.072, Florida Statutes, are amended to read:
  896         456.072 Grounds for discipline; penalties; enforcement.—
  897         (1) The following acts shall constitute grounds for which
  898  the disciplinary actions specified in subsection (2) may be
  899  taken:
  900         (ee) With respect to making a medical payments coverage
  901  personal injury protection claim under s. 627.7265 as required
  902  by s. 627.736, intentionally submitting a claim, statement, or
  903  bill that has been upcoded. As used in this paragraph, the term
  904  “upcoded” means an action that submits a billing code that would
  905  result in a greater payment amount than would be paid using a
  906  billing code that accurately describes the services performed.
  907  The term does not include an otherwise lawful bill by a magnetic
  908  resonance imaging facility which globally combines both
  909  technical and professional components, if the amount of the
  910  global bill is not more than the components if billed
  911  separately; however, payment of such a bill constitutes payment
  912  in full for all components of such service “upcoded” as defined
  913  in s. 627.732.
  914         (ff) With respect to making a medical payments coverage
  915  personal injury protection claim pursuant to s. 627.7265 as
  916  required by s. 627.736, intentionally submitting a claim,
  917  statement, or bill for payment of services that were not
  918  rendered.
  919         Section 33. Paragraph (b) of subsection (1) and subsection
  920  (8) of section 624.155, Florida Statutes, are amended to read:
  921         624.155 Civil remedy.—
  922         (1) Any person may bring a civil action against an insurer
  923  when such person is damaged:
  924         (b) By the commission of any of the following acts by the
  925  insurer:
  926         1. Except for a civil action for bad faith failure to
  927  settle a third-party claim subject to s. 624.156, not attempting
  928  in good faith to settle claims when, under all the
  929  circumstances, it could and should have done so, had it acted
  930  fairly and honestly toward its insured and with due regard for
  931  her or his interests;
  932         2. Making claims payments to insureds or beneficiaries not
  933  accompanied by a statement setting forth the coverage under
  934  which payments are being made; or
  935         3. Except as to liability coverages, failing to promptly
  936  settle claims, when the obligation to settle a claim has become
  937  reasonably clear, under one portion of the insurance policy
  938  coverage in order to influence settlements under other portions
  939  of the insurance policy coverage; or
  940         4. When handling a first-party claim under a motor vehicle
  941  insurance policy, not attempting in good faith to settle such
  942  claim pursuant to subparagraph 1. when such failure is caused by
  943  a failure to communicate to an insured:
  944         a. The name, telephone number, e-mail address, and mailing
  945  address of the person who is adjusting the claim;
  946         b. Any issues that may impair the insured’s coverage;
  947         c. Information that might resolve the coverage issue in a
  948  prompt manner;
  949         d. Any basis for the insurer’s rejection or nonacceptance
  950  of any settlement demand or offer; or
  951         e. Any needed extensions to respond to a time-limited
  952  settlement offer.
  953  
  954  Notwithstanding the provisions of the above to the contrary, a
  955  person pursuing a remedy under this section need not prove that
  956  such act was committed or performed with such frequency as to
  957  indicate a general business practice.
  958         (8) The civil remedy specified in this section does not
  959  preempt any other remedy or cause of action provided for
  960  pursuant to any other statute or pursuant to the common law of
  961  this state. A Any person is may obtain a judgment under either
  962  the common-law remedy of bad faith or this statutory remedy, but
  963  shall not be entitled to a judgment under multiple bad faith
  964  both remedies. This section shall not be construed to create a
  965  common-law cause of action. The damages recoverable pursuant to
  966  this section shall include those damages which are a reasonably
  967  foreseeable result of a specified violation of this section by
  968  the authorized insurer and may include an award or judgment in
  969  an amount that exceeds the policy limits.
  970         Section 34. Section 624.156, Florida Statutes, is created
  971  to read:
  972         624.156 Actions against motor vehicle insurers for bad
  973  faith failure to settle third-party claims.—
  974         (1) SCOPE.—This section applies in all actions against any
  975  insurer for bad faith failure to settle a third-party claim for
  976  a loss arising out of the ownership, maintenance, or use of a
  977  motor vehicle operated or principally garaged in this state at
  978  the time of an incident or a loss, regardless of whether the
  979  insurer is authorized to do business in this state or issued a
  980  policy in this state. This section governs in any conflict with
  981  common law or any other statute.
  982         (2) DUTY OF GOOD FAITH.—In handling claims, an insurer has
  983  a duty to its insured to handle claims in good faith by
  984  complying with the best practices standards of subsection (4).
  985  An insurer’s negligence does not constitute bad faith. However,
  986  negligence is relevant to whether an insurer acted in bad faith.
  987         (3) BAD FAITH FAILURE TO SETTLE.—“Bad faith failure to
  988  settle” means an insurer’s failure to meet its duty of good
  989  faith, as described in subsection (2), which is a proximate
  990  cause of the insurer not settling a third-party claim when,
  991  under all the circumstances, the insurer could and should have
  992  done so, had it acted fairly and honestly toward its insured and
  993  with due regard for the insured’s interests.
  994         (4) BEST PRACTICES STANDARDS.—An insurer must meet the best
  995  practices standards of this subsection. The insurer’s duty
  996  begins upon receiving actual notice of an incident or a loss
  997  that could give rise to a covered liability claim and continues
  998  until the claim is resolved. Notice may be communicated to the
  999  insurer or an agent of the insurer by any means. However, if
 1000  actual notice is communicated by means other than through any
 1001  manner permitted by the policy or other documents provided to
 1002  the insured by the insurer, through the insurer’s website, or
 1003  through the e-mail address designated by the insurer under s.
 1004  624.422, the notice will not be effective under this subsection
 1005  if that variation causes actual prejudice to the insurer’s
 1006  ability to settle the claim. The burden is on the party bringing
 1007  the bad faith claim to prove that the insurer had actual notice
 1008  of the incident or loss giving rise to the claim that resulted
 1009  in an excess judgment and when such notice was received. After
 1010  receipt of actual notice an insurer:
 1011         (a) Must assign a duly licensed and appointed insurance
 1012  adjuster to investigate the extent of the insured’s probable
 1013  exposure and diligently attempt to resolve any questions
 1014  concerning the existence or extent of the insured’s coverage.
 1015         (b) Based on available information, must ethically evaluate
 1016  every claim fairly, honestly, and with due regard for the
 1017  interests of the insured; consider the extent of the claimant’s
 1018  recoverable damages; and consider the information in a
 1019  reasonable and prudent manner.
 1020         (c) Must request from the insured or claimant additional
 1021  relevant information the insurer reasonably deems necessary to
 1022  evaluate whether to settle a claim.
 1023         (d) Must conduct all verbal and written communications with
 1024  the insured with the utmost honesty and complete candor.
 1025         (e)Must make reasonable efforts to explain to persons not
 1026  represented by counsel matters requiring expertise beyond the
 1027  level normally expected of a layperson with no training in
 1028  insurance or claims-handling issues.
 1029         (f)Must retain all written communications and note and
 1030  retain a summary of all verbal communications in a reasonable
 1031  manner for a period of not less than 5 years after the later of:
 1032         1.The entry of a judgment against the insured in excess of
 1033  policy limits becomes final; or
 1034         2.The conclusion of the extracontractual claim, if any,
 1035  including any related appeals.
 1036         (g) Must provide the insured, upon request, with all
 1037  nonprivileged communications related to the insurer’s handling
 1038  of the claim which are not privileged as to the insured.
 1039         (h) Must provide, at the insurer’s expense, reasonable
 1040  accommodations necessary to communicate effectively with an
 1041  insured covered under the Americans with Disabilities Act.
 1042         (i) In handling third-party claims, must communicate to an
 1043  insured all of the following:
 1044         1. The identity of any other person or entity the insurer
 1045  has reason to believe may be liable.
 1046         2. The insurer’s evaluation of the claim.
 1047         3. The likelihood and possible extent of an excess
 1048  judgment.
 1049         4. Steps the insured can take to avoid exposure to an
 1050  excess judgment, including the right to secure personal counsel
 1051  at the insured’s expense.
 1052         5. The insured’s duty to cooperate with the insurer,
 1053  including any specific requests required because of a settlement
 1054  opportunity or by the insurer for the insured’s cooperation
 1055  under subsection (5), the purpose of the required cooperation,
 1056  and the consequences of refusing to cooperate.
 1057         6.Any settlement demands or offers.
 1058         (j)If, after the expiration of the safe harbor periods in
 1059  subsection (8), the facts available to the insurer indicate that
 1060  the insured’s liability is likely to exceed the policy limits,
 1061  must initiate settlement negotiations by tendering its policy
 1062  limits to the claimant in exchange for a general release of the
 1063  insured.
 1064         (k)1.Must give fair consideration to a settlement offer
 1065  that is not unreasonable under the facts available to the
 1066  insurer and settle, if possible, when a reasonably prudent
 1067  person, faced with the prospect of paying the total probable
 1068  exposure of the insured, would do so. The insurer shall provide
 1069  reasonable assistance to the insured to comply with the
 1070  insured’s obligations to cooperate and shall act reasonably to
 1071  attempt to satisfy any conditions of a claimant’s settlement
 1072  offer. If it is not possible to settle a liability claim within
 1073  the available policy limits, the insurer shall act reasonably to
 1074  attempt to minimize the excess exposure to the insured.
 1075         2.When multiple claims arise out of a single occurrence,
 1076  the combined value of all claims exceeds the total of all
 1077  applicable policy limits, and the claimants are unwilling to
 1078  globally settle within the policy limits, must attempt to
 1079  minimize the magnitude of possible excess judgments against the
 1080  insured. Thereafter, the insurer is entitled to great discretion
 1081  to decide how much to offer each respective claimant in its
 1082  attempt to protect the insured. The insurer may, in its effort
 1083  to minimize the excess liability of the insured, use its
 1084  discretion to offer the full available policy limits to one or
 1085  more claimants to the exclusion of other claimants and may leave
 1086  the insured exposed to some liability after all the policy
 1087  limits are paid. An insurer does not act in bad faith simply
 1088  because it is unable to settle all claims in a multiple claimant
 1089  case. It is a defense to a bad faith action if the insurer
 1090  establishes that it used its discretion for the benefit of its
 1091  insureds and complied with the other best practices standards of
 1092  this subsection.
 1093         (l)When a loss creates the potential for a third-party
 1094  claim against more than one insured, must attempt to settle the
 1095  claim on behalf of all insureds against whom a claim may be
 1096  presented. If it is not possible to settle on behalf of all
 1097  insureds, the insurer may, in consultation with the insureds,
 1098  enter into reasonable settlements of claims against certain
 1099  insureds to the exclusion of other insureds.
 1100         (m)Must respond to any request for insurance information
 1101  in compliance with s. 627.4137 or s. 626.9372, as applicable.
 1102         (n)Where it appears the insured’s probable exposure is
 1103  greater than policy limits, must take reasonable measures to
 1104  preserve evidence, for a reasonable period of time, which is
 1105  needed for the defense of the liability claim.
 1106         (o)Must comply with s. 627.426, if applicable.
 1107         (p)May not commit or perform with such frequency as to
 1108  indicate a general business practice, any of the following:
 1109         1.Failing to adopt and implement standards for the proper
 1110  investigation of claims.
 1111         2.Misrepresenting pertinent facts or insurance policy
 1112  provisions relating to coverages at issue.
 1113         3.Failing to acknowledge and act promptly upon
 1114  communications with respect to claims.
 1115         4.Denying claims without conducting reasonable
 1116  investigations based upon available information.
 1117         (5)INSURED’S DUTY TO COOPERATE.—
 1118         (a)Insureds have a duty to cooperate with their insurer in
 1119  the defense of the claim and in making settlements. Accordingly,
 1120  the insured must take any reasonable action requested by the
 1121  injured claimant or provided in the policy which is necessary to
 1122  assist the insurer in settling a covered claim, including:
 1123         1.Executing affidavits regarding the facts within the
 1124  insured’s knowledge regarding the covered loss; and
 1125         2.Providing documents, including those requested pursuant
 1126  to paragraph (b).
 1127         (b)When it is reasonably necessary to settle a covered
 1128  claim valued in excess of all applicable policy limits, upon the
 1129  request of the injured claimant, an insured must disclose on a
 1130  form adopted by the department or provided by the claimant a
 1131  summary of the following:
 1132         1.The insured’s assets at the time of the loss, including:
 1133         a.Cash, stocks, bonds, and nonretirement-based mutual
 1134  funds;
 1135         b.Nonhomestead real property;
 1136         c.All registered vehicles;
 1137         d.All bank accounts;
 1138         e.An estimated net accounting of all other assets; and
 1139         f.Any additional information included by the department.
 1140         2.The insured’s liabilities, including:
 1141         a.Mortgage debt;
 1142         b.Credit card debt;
 1143         c.Child support and alimony payments;
 1144         d.Other liabilities; and
 1145         e.Any additional information included by the department.
 1146         3.For a corporate entity, information on its balance
 1147  sheet, including the corporate entity’s:
 1148         a.Cash, property, equipment, and inventory;
 1149         b.Liabilities, including obligations, rent, money owed to
 1150  vendors, payroll, and taxes;
 1151         c.Other information relevant to understanding the entity’s
 1152  capital and net worth; and
 1153         d.Any additional information included by the department.
 1154         4.A list of all insurance policies that may provide
 1155  coverage for the claim, stating the name of the insurer and
 1156  policy number of each policy.
 1157         5.For natural persons, a statement of whether the insured
 1158  was acting in the course and scope of employment at the time of
 1159  the incident or loss giving rise to the claim and, if so,
 1160  providing the name and contact information for the insured’s
 1161  employer.
 1162         (c)No later than 14 days following actual notice of an
 1163  incident or a loss that could give rise to a covered liability
 1164  claim, the insurer must notify the insured of the insured’s
 1165  duties under this subsection. The burden is on the insurer to
 1166  prove it provided notice to the insured of the insured’s duty to
 1167  cooperate; otherwise, a presumption arises that the insured met
 1168  its duty to cooperate under this subsection.
 1169         (d)An insurer may terminate the defense as to any insured
 1170  who unreasonably fails to meet its duties under this subsection
 1171  when:
 1172         1.The insurer exercised diligence and met its duties under
 1173  subparagraph (4)(i)5.;
 1174         2.The insurer provided reasonable assistance to the
 1175  insured to comply with the obligations of this subsection;
 1176         3.The insurer gave the insured written notice of any
 1177  failure to cooperate and a reasonable opportunity for the
 1178  insured to cure the lack of cooperation, consistent with any
 1179  deadlines imposed by settlement negotiations;
 1180         4.The insured’s failure to cooperate causes the insurer to
 1181  be unable to settle the claim; and
 1182         5.The insurer unconditionally tenders its available
 1183  coverage policy limits directly to the claimant or the
 1184  claimant’s attorney.
 1185         (e)When an insured’s defense is terminated in compliance
 1186  with this subsection, the insurer is not liable for any damages
 1187  caused by a failure to settle or defend the liability claim
 1188  against that insured.
 1189         (6) CLAIMANT COMMUNICATIONS.—The trier of fact may not
 1190  attribute the insurer’s failure to settle a covered third-party
 1191  claim to a claimant’s lack of communication with the insurer
 1192  when the claimant truthfully complies with all applicable
 1193  standards of this subsection by:
 1194         (a)Contemporaneously with or before making a claim with
 1195  the insurer, communicating in writing to the insurer:
 1196         1. The date and location of loss;
 1197         2. The name, address, and date of birth of the claimant;
 1198  and
 1199         3.A physical address, an e-mail address, and a facsimile
 1200  number for further communications, including, but not limited
 1201  to, responses to any settlement demand.
 1202         (b)Presenting the following in writing:
 1203         1. The legal and factual basis of the claim; and
 1204         2.A reasonably detailed description of the claimant’s:
 1205         a. Known injuries caused or aggravated by the incident or
 1206  loss on which the claim is based;
 1207         b. Medical treatment causally related to the incident or
 1208  loss on which the claim is based;
 1209         c. Relevant pre-accident medical conditions, if known; and
 1210         d. Type and amount of known damages incurred and, if any,
 1211  the damages the claimant reasonably anticipates incurring in the
 1212  future.
 1213         (c)Providing any settlement demand in writing and stating
 1214  within such demand:
 1215         1.The name of each insured to whom the demand for
 1216  settlement is directed;
 1217         2.The amount of the demand for settlement; and
 1218         3.Any conditions the claimant is placing on acceptance of
 1219  the demand for settlement.
 1220  
 1221  This subsection does not reduce an insurer’s duty of good faith,
 1222  which is owed solely to its insured. The claimant owes no duty
 1223  to the insured or the insurer, and the duties of the claimant’s
 1224  attorney are owed solely to their client. The claimant and the
 1225  claimant’s attorneys do not have a duty to comply with this
 1226  subsection.
 1227         (7) CONDITIONS PRECEDENT.—It is a condition precedent to
 1228  filing an action against an insurer for bad faith failure to
 1229  settle a third-party claim that:
 1230         (a)A third-party claimant obtained a final judgment in
 1231  excess of the policy limits against the insured or the insured’s
 1232  estate, bankruptcy trustee, or successor in interest, unless the
 1233  insurer expressly waived the requirement of a final excess
 1234  judgment or wrongfully breached its duty to defend the insured;
 1235  and
 1236         (b)The insurer or an agent of the insurer received actual
 1237  notice effective under subsection (4).
 1238         (8) SAFE HARBORS.—
 1239         (a)After an insurer receives actual notice of an incident
 1240  or a loss that could give rise to a covered liability claim, the
 1241  insurer is entitled to a reasonable opportunity to investigate
 1242  and evaluate the claim. The amount of time required for the
 1243  insurer’s investigation and evaluation will vary depending on
 1244  the circumstances of the claim. The safe harbors provided in
 1245  this subsection are available to an insurer that complies with
 1246  the best practices standards of subsection (4).
 1247         (b)When one claim arises out of a single occurrence, and
 1248  an insurer initiates settlement negotiations by tendering the
 1249  applicable policy limits in exchange for a general release of
 1250  the insured within 45 days after receiving actual notice of the
 1251  loss, the failure to tender the policy limits sooner does not
 1252  constitute bad faith.
 1253         (c)When multiple claims arise out of a single occurrence,
 1254  the combined value of all claims exceeds the total of all
 1255  applicable policy limits, and an insurer initiates settlement
 1256  negotiations by globally tendering the applicable policy limits
 1257  in exchange for a general release of the insured within 45 days
 1258  after receiving actual notice of the loss, the failure to tender
 1259  policy limits sooner does not constitute bad faith.
 1260         (d)An insurer is not under any circumstances liable for
 1261  the failure to accept a settlement offer within 45 days after
 1262  receiving actual notice of the loss if:
 1263         1.The settlement offer provides the insurer fewer than 15
 1264  days for acceptance; or
 1265         2.The settlement offer provides the insurer fewer than 30
 1266  days for acceptance where the offer contains conditions for
 1267  acceptance other than the insurer’s disclosure of its policy
 1268  limits.
 1269         (e)This subsection does not require that an insurer
 1270  automatically tender policy limits within 45 days in every case.
 1271         (9)BURDEN OF PROOF.—In any action for bad faith failure to
 1272  settle as defined in subsection (3):
 1273         (a)The party bringing the bad faith claim must prove every
 1274  element of the claim by the greater weight of the evidence,
 1275  taking into account the totality of the circumstances.
 1276         (b)An insurer that relies upon paragraph (5)(d) as a
 1277  defense to a claim for bad faith failure to settle must prove
 1278  the elements of that paragraph by the greater weight of the
 1279  evidence.
 1280         (c)An insurer that relies upon a safe harbor provision of
 1281  subsection (8) must prove the elements of the safe harbor by the
 1282  greater weight of the evidence.
 1283         (10) DAMAGES.—If the trier of fact finds that a claimant
 1284  has met its burden of proof, the insurer is liable for the
 1285  amount of any excess judgment, together with court costs and, if
 1286  the claimant is the insured or an assignee of the insured, the
 1287  reasonable attorney fees incurred by the claimant. Punitive
 1288  damages may not be awarded.
 1289         (11) ENFORCEMENT.—If a judgment creditor obtains a judgment
 1290  that exceeds the insured’s limits of liability, the judgment
 1291  creditor must be subrogated to the rights of the insured against
 1292  the insurer for bad faith under this section.
 1293         (12) LIMITATION ON MULTIPLE REMEDIES.—A person is not
 1294  entitled to a judgment under multiple bad faith remedies.
 1295         Section 35. Paragraphs (i) and (o) of subsection (1) of
 1296  section 626.9541, Florida Statutes, are amended to read:
 1297         626.9541 Unfair methods of competition and unfair or
 1298  deceptive acts or practices defined.—
 1299         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
 1300  ACTS.—The following are defined as unfair methods of competition
 1301  and unfair or deceptive acts or practices:
 1302         (i) Unfair claim settlement practices.—
 1303         1. Attempting to settle claims on the basis of an
 1304  application, when serving as a binder or intended to become a
 1305  part of the policy, or any other material document which was
 1306  altered without notice to, or knowledge or consent of, the
 1307  insured;
 1308         2. Making a material misrepresentation made to an insured
 1309  or any other person having an interest in the proceeds payable
 1310  under such contract or policy, for the purpose and with the
 1311  intent of effecting settlement of such claims, loss, or damage
 1312  under such contract or policy on less favorable terms than those
 1313  provided in, and contemplated by, such contract or policy; or
 1314         3. Committing or performing with such frequency as to
 1315  indicate a general business practice any of the following:
 1316         a. Failing to adopt and implement standards for the proper
 1317  investigation of claims;
 1318         b. Misrepresenting pertinent facts or insurance policy
 1319  provisions relating to coverages at issue;
 1320         c. Failing to acknowledge and act promptly upon
 1321  communications with respect to claims;
 1322         d. Denying claims without conducting reasonable
 1323  investigations based upon available information;
 1324         e. Failing to affirm or deny full or partial coverage of
 1325  claims, and, as to partial coverage, the dollar amount or extent
 1326  of coverage, or failing to provide a written statement that the
 1327  claim is being investigated, upon the written request of the
 1328  insured within 30 days after proof-of-loss statements have been
 1329  completed;
 1330         f. Failing to promptly provide a reasonable explanation in
 1331  writing to the insured of the basis in the insurance policy, in
 1332  relation to the facts or applicable law, for denial of a claim
 1333  or for the offer of a compromise settlement;
 1334         g. Failing to promptly notify the insured of any additional
 1335  information necessary for the processing of a claim; or
 1336         h. Failing to clearly explain the nature of the requested
 1337  information and the reasons why such information is necessary.
 1338         i. Failing to pay personal injury protection insurance
 1339  claims within the time periods required by s. 627.736(4)(b). The
 1340  office may order the insurer to pay restitution to a
 1341  policyholder, medical provider, or other claimant, including
 1342  interest at a rate consistent with the amount set forth in s.
 1343  55.03(1), for the time period within which an insurer fails to
 1344  pay claims as required by law. Restitution is in addition to any
 1345  other penalties allowed by law, including, but not limited to,
 1346  the suspension of the insurer’s certificate of authority.
 1347         4. Failing to pay undisputed amounts of partial or full
 1348  benefits owed under first-party property insurance policies
 1349  within 90 days after an insurer receives notice of a residential
 1350  property insurance claim, determines the amounts of partial or
 1351  full benefits, and agrees to coverage, unless payment of the
 1352  undisputed benefits is prevented by an act of God, prevented by
 1353  the impossibility of performance, or due to actions by the
 1354  insured or claimant that constitute fraud, lack of cooperation,
 1355  or intentional misrepresentation regarding the claim for which
 1356  benefits are owed.
 1357         (o) Illegal dealings in premiums; excess or reduced charges
 1358  for insurance.—
 1359         1. Knowingly collecting any sum as a premium or charge for
 1360  insurance, which is not then provided, or is not in due course
 1361  to be provided, subject to acceptance of the risk by the
 1362  insurer, by an insurance policy issued by an insurer as
 1363  permitted by this code.
 1364         2. Knowingly collecting as a premium or charge for
 1365  insurance any sum in excess of or less than the premium or
 1366  charge applicable to such insurance, in accordance with the
 1367  applicable classifications and rates as filed with and approved
 1368  by the office, and as specified in the policy; or, in cases when
 1369  classifications, premiums, or rates are not required by this
 1370  code to be so filed and approved, premiums and charges collected
 1371  from a Florida resident in excess of or less than those
 1372  specified in the policy and as fixed by the insurer.
 1373  Notwithstanding any other provision of law, this provision shall
 1374  not be deemed to prohibit the charging and collection, by
 1375  surplus lines agents licensed under part VIII of this chapter,
 1376  of the amount of applicable state and federal taxes, or fees as
 1377  authorized by s. 626.916(4), in addition to the premium required
 1378  by the insurer or the charging and collection, by licensed
 1379  agents, of the exact amount of any discount or other such fee
 1380  charged by a credit card facility in connection with the use of
 1381  a credit card, as authorized by subparagraph (q)3., in addition
 1382  to the premium required by the insurer. This subparagraph shall
 1383  not be construed to prohibit collection of a premium for a
 1384  universal life or a variable or indeterminate value insurance
 1385  policy made in accordance with the terms of the contract.
 1386         3.a. Imposing or requesting an additional premium for
 1387  bodily injury liability coverage, property damage liability
 1388  coverage a policy of motor vehicle liability, personal injury
 1389  protection, medical payments coverage payment, or collision
 1390  coverage in a motor vehicle liability insurance policy insurance
 1391  or any combination thereof or refusing to renew the policy
 1392  solely because the insured was involved in a motor vehicle
 1393  accident unless the insurer’s file contains information from
 1394  which the insurer in good faith determines that the insured was
 1395  substantially at fault in the accident.
 1396         b. An insurer which imposes and collects such a surcharge
 1397  or which refuses to renew such policy shall, in conjunction with
 1398  the notice of premium due or notice of nonrenewal, notify the
 1399  named insured that he or she is entitled to reimbursement of
 1400  such amount or renewal of the policy under the conditions listed
 1401  below and will subsequently reimburse him or her or renew the
 1402  policy, if the named insured demonstrates that the operator
 1403  involved in the accident was:
 1404         (I) Lawfully parked;
 1405         (II) Reimbursed by, or on behalf of, a person responsible
 1406  for the accident or has a judgment against such person;
 1407         (III) Struck in the rear by another vehicle headed in the
 1408  same direction and was not convicted of a moving traffic
 1409  violation in connection with the accident;
 1410         (IV) Hit by a “hit-and-run” driver, if the accident was
 1411  reported to the proper authorities within 24 hours after
 1412  discovering the accident;
 1413         (V) Not convicted of a moving traffic violation in
 1414  connection with the accident, but the operator of the other
 1415  automobile involved in such accident was convicted of a moving
 1416  traffic violation;
 1417         (VI) Finally adjudicated not to be liable by a court of
 1418  competent jurisdiction;
 1419         (VII) In receipt of a traffic citation which was dismissed
 1420  or nolle prossed; or
 1421         (VIII) Not at fault as evidenced by a written statement
 1422  from the insured establishing facts demonstrating lack of fault
 1423  which are not rebutted by information in the insurer’s file from
 1424  which the insurer in good faith determines that the insured was
 1425  substantially at fault.
 1426         c. In addition to the other provisions of this
 1427  subparagraph, an insurer may not fail to renew a policy if the
 1428  insured has had only one accident in which he or she was at
 1429  fault within the current 3-year period. However, an insurer may
 1430  nonrenew a policy for reasons other than accidents in accordance
 1431  with s. 627.728. This subparagraph does not prohibit nonrenewal
 1432  of a policy under which the insured has had three or more
 1433  accidents, regardless of fault, during the most recent 3-year
 1434  period.
 1435         4. Imposing or requesting an additional premium for, or
 1436  refusing to renew, a policy for motor vehicle insurance solely
 1437  because the insured committed a noncriminal traffic infraction
 1438  as described in s. 318.14 unless the infraction is:
 1439         a. A second infraction committed within an 18-month period,
 1440  or a third or subsequent infraction committed within a 36-month
 1441  period.
 1442         b. A violation of s. 316.183, when such violation is a
 1443  result of exceeding the lawful speed limit by more than 15 miles
 1444  per hour.
 1445         5. Upon the request of the insured, the insurer and
 1446  licensed agent shall supply to the insured the complete proof of
 1447  fault or other criteria which justifies the additional charge or
 1448  cancellation.
 1449         6. No insurer shall impose or request an additional premium
 1450  for motor vehicle insurance, cancel or refuse to issue a policy,
 1451  or refuse to renew a policy because the insured or the applicant
 1452  is a handicapped or physically disabled person, so long as such
 1453  handicap or physical disability does not substantially impair
 1454  such person’s mechanically assisted driving ability.
 1455         7. No insurer may cancel or otherwise terminate any
 1456  insurance contract or coverage, or require execution of a
 1457  consent to rate endorsement, during the stated policy term for
 1458  the purpose of offering to issue, or issuing, a similar or
 1459  identical contract or coverage to the same insured with the same
 1460  exposure at a higher premium rate or continuing an existing
 1461  contract or coverage with the same exposure at an increased
 1462  premium.
 1463         8. No insurer may issue a nonrenewal notice on any
 1464  insurance contract or coverage, or require execution of a
 1465  consent to rate endorsement, for the purpose of offering to
 1466  issue, or issuing, a similar or identical contract or coverage
 1467  to the same insured at a higher premium rate or continuing an
 1468  existing contract or coverage at an increased premium without
 1469  meeting any applicable notice requirements.
 1470         9. No insurer shall, with respect to premiums charged for
 1471  motor vehicle insurance, unfairly discriminate solely on the
 1472  basis of age, sex, marital status, or scholastic achievement.
 1473         10. Imposing or requesting an additional premium for motor
 1474  vehicle comprehensive or uninsured motorist coverage solely
 1475  because the insured was involved in a motor vehicle accident or
 1476  was convicted of a moving traffic violation.
 1477         11. No insurer shall cancel or issue a nonrenewal notice on
 1478  any insurance policy or contract without complying with any
 1479  applicable cancellation or nonrenewal provision required under
 1480  the Florida Insurance Code.
 1481         12. No insurer shall impose or request an additional
 1482  premium, cancel a policy, or issue a nonrenewal notice on any
 1483  insurance policy or contract because of any traffic infraction
 1484  when adjudication has been withheld and no points have been
 1485  assessed pursuant to s. 318.14(9) and (10). However, this
 1486  subparagraph does not apply to traffic infractions involving
 1487  accidents in which the insurer has incurred a loss due to the
 1488  fault of the insured.
 1489         Section 36. Paragraph (a) of subsection (1) of section
 1490  626.989, Florida Statutes, is amended to read:
 1491         626.989 Investigation by department or Division of
 1492  Investigative and Forensic Services; compliance; immunity;
 1493  confidential information; reports to division; division
 1494  investigator’s power of arrest.—
 1495         (1) For the purposes of this section:
 1496         (a) A person commits a “fraudulent insurance act” if the
 1497  person:
 1498         1. Knowingly and with intent to defraud presents, causes to
 1499  be presented, or prepares with knowledge or belief that it will
 1500  be presented, to or by an insurer, self-insurer, self-insurance
 1501  fund, servicing corporation, purported insurer, broker, or any
 1502  agent thereof, any written statement as part of, or in support
 1503  of, an application for the issuance of, or the rating of, any
 1504  insurance policy, or a claim for payment or other benefit
 1505  pursuant to any insurance policy, which the person knows to
 1506  contain materially false information concerning any fact
 1507  material thereto or if the person conceals, for the purpose of
 1508  misleading another, information concerning any fact material
 1509  thereto.
 1510         2. Knowingly submits:
 1511         a. A false, misleading, or fraudulent application or other
 1512  document when applying for licensure as a health care clinic,
 1513  seeking an exemption from licensure as a health care clinic, or
 1514  demonstrating compliance with part X of chapter 400 with an
 1515  intent to use the license, exemption from licensure, or
 1516  demonstration of compliance to provide services or seek
 1517  reimbursement under a motor vehicle liability insurance policy’s
 1518  medical payments coverage the Florida Motor Vehicle No-Fault
 1519  Law.
 1520         b. A claim for payment or other benefit under medical
 1521  payments coverage, pursuant to a personal injury protection
 1522  insurance policy under the Florida Motor Vehicle No-Fault Law if
 1523  the person knows that the payee knowingly submitted a false,
 1524  misleading, or fraudulent application or other document when
 1525  applying for licensure as a health care clinic, seeking an
 1526  exemption from licensure as a health care clinic, or
 1527  demonstrating compliance with part X of chapter 400.
 1528         Section 37. Subsection (1) of section 627.06501, Florida
 1529  Statutes, is amended to read:
 1530         627.06501 Insurance discounts for certain persons
 1531  completing driver improvement course.—
 1532         (1) Any rate, rating schedule, or rating manual for the
 1533  liability, medical payments personal injury protection, and
 1534  collision coverages of a motor vehicle insurance policy filed
 1535  with the office may provide for an appropriate reduction in
 1536  premium charges as to such coverages if when the principal
 1537  operator on the covered vehicle has successfully completed a
 1538  driver improvement course approved and certified by the
 1539  Department of Highway Safety and Motor Vehicles which is
 1540  effective in reducing crash or violation rates, or both, as
 1541  determined pursuant to s. 318.1451(5). Any discount, not to
 1542  exceed 10 percent, used by an insurer is presumed to be
 1543  appropriate unless credible data demonstrates otherwise.
 1544         Section 38. Subsection (15) is added to section 627.0651,
 1545  Florida Statutes, to read:
 1546         627.0651 Making and use of rates for motor vehicle
 1547  insurance.—
 1548         (15) Rate filings for motor vehicle liability policies that
 1549  implement the financial responsibility requirements of s.
 1550  324.022 in effect January 1, 2022, except for commercial motor
 1551  vehicle insurance policies exempt under paragraph (14)(a), must
 1552  reflect such financial responsibility requirements and may be
 1553  approved only through the file and use process under paragraph
 1554  (1)(a).
 1555         Section 39. Subsection (1) of section 627.0652, Florida
 1556  Statutes, is amended to read:
 1557         627.0652 Insurance discounts for certain persons completing
 1558  safety course.—
 1559         (1) Any rates, rating schedules, or rating manuals for the
 1560  liability, medical payments personal injury protection, and
 1561  collision coverages of a motor vehicle insurance policy filed
 1562  with the office must shall provide for an appropriate reduction
 1563  in premium charges as to such coverages if when the principal
 1564  operator on the covered vehicle is an insured 55 years of age or
 1565  older who has successfully completed a motor vehicle accident
 1566  prevention course approved by the Department of Highway Safety
 1567  and Motor Vehicles. Any discount used by an insurer is presumed
 1568  to be appropriate unless credible data demonstrates otherwise.
 1569         Section 40. Subsections (1), (3), and (6) of section
 1570  627.0653, Florida Statutes, are amended to read:
 1571         627.0653 Insurance discounts for specified motor vehicle
 1572  equipment.—
 1573         (1) Any rates, rating schedules, or rating manuals for the
 1574  liability, medical payments personal injury protection, and
 1575  collision coverages of a motor vehicle insurance policy filed
 1576  with the office must shall provide a premium discount if the
 1577  insured vehicle is equipped with factory-installed, four-wheel
 1578  antilock brakes.
 1579         (3) Any rates, rating schedules, or rating manuals for
 1580  personal injury protection coverage and medical payments
 1581  coverage, if offered, of a motor vehicle insurance policy filed
 1582  with the office must shall provide a premium discount if the
 1583  insured vehicle is equipped with one or more air bags that which
 1584  are factory installed.
 1585         (6) The Office of Insurance Regulation may approve a
 1586  premium discount to any rates, rating schedules, or rating
 1587  manuals for the liability, medical payments personal injury
 1588  protection, and collision coverages of a motor vehicle insurance
 1589  policy filed with the office if the insured vehicle is equipped
 1590  with an automated driving system or electronic vehicle collision
 1591  avoidance technology that is factory installed or a retrofitted
 1592  system and that complies with National Highway Traffic Safety
 1593  Administration standards.
 1594         Section 41. Section 627.4132, Florida Statutes, is amended
 1595  to read:
 1596         627.4132 Stacking of coverages prohibited.—If an insured or
 1597  named insured is protected by any type of motor vehicle
 1598  insurance policy for bodily injury and property damage
 1599  liability, personal injury protection, or other coverage, the
 1600  policy must shall provide that the insured or named insured is
 1601  protected only to the extent of the coverage she or he has on
 1602  the vehicle involved in the accident. However, if none of the
 1603  insured’s or named insured’s vehicles are is involved in the
 1604  accident, coverage is available only to the extent of coverage
 1605  on any one of the vehicles with applicable coverage. Coverage on
 1606  any other vehicles may shall not be added to or stacked upon
 1607  that coverage. This section does not apply:
 1608         (1) Apply to uninsured motorist coverage that which is
 1609  separately governed by s. 627.727.
 1610         (2) To Reduce the coverage available by reason of insurance
 1611  policies insuring different named insureds.
 1612         Section 42. Subsection (1) of section 627.4137, Florida
 1613  Statutes, is amended to read:
 1614         627.4137 Disclosure of certain information required.—
 1615         (1) Each insurer which does or may provide liability
 1616  insurance coverage to pay all or a portion of any claim which
 1617  might be made shall provide, within 30 days of the written
 1618  request of the claimant or the claimant’s attorney, a statement,
 1619  under oath, of a corporate officer or the insurer’s claims
 1620  manager or superintendent setting forth the following
 1621  information with regard to each known policy of insurance,
 1622  including excess or umbrella insurance:
 1623         (a) The name of the insurer.
 1624         (b) The name of each insured.
 1625         (c) The limits of the liability coverage.
 1626         (d) A statement of any policy or coverage defense which
 1627  such insurer reasonably believes is available to such insurer at
 1628  the time of filing such statement.
 1629         (e) A copy of the policy.
 1630  
 1631  In addition, the insured, or her or his insurance agent, upon
 1632  written request of the claimant or the claimant’s attorney,
 1633  shall disclose the name and coverage of each known insurer to
 1634  the claimant and shall forward such request for information as
 1635  required by this subsection to all affected insurers. The
 1636  insurer shall then supply the information required in this
 1637  subsection to the claimant within 30 days of receipt of such
 1638  request. If an insurer fails to timely comply with this section,
 1639  the claimant may file an action in a court of competent
 1640  jurisdiction to enforce this section. If the court determines
 1641  that the insurer violated this section, the claimant is entitled
 1642  to an award of reasonable attorney fees and costs to be paid by
 1643  the insurer.
 1644         Section 43. Section 627.7263, Florida Statutes, is amended
 1645  to read:
 1646         627.7263 Rental and leasing driver’s insurance to be
 1647  primary; exception.—
 1648         (1) The valid and collectible liability insurance and
 1649  medical payments coverage or personal injury protection
 1650  insurance providing coverage for the lessor of a motor vehicle
 1651  for rent or lease is primary unless otherwise stated in at least
 1652  10-point type on the face of the rental or lease agreement. Such
 1653  insurance is primary for the limits of liability and personal
 1654  injury protection coverage as required by s. 324.021(7) and the
 1655  medical payments coverage limit specified under s. 627.7265 ss.
 1656  324.021(7) and 627.736.
 1657         (2) If the lessee’s coverage is to be primary, the rental
 1658  or lease agreement must contain the following language, in at
 1659  least 10-point type:
 1660  
 1661  “The valid and collectible liability insurance and medical
 1662  payments coverage personal injury protection insurance of an any
 1663  authorized rental or leasing driver is primary for the limits of
 1664  liability and personal injury protection coverage required under
 1665  section 324.021(7), Florida Statutes, and the medical payments
 1666  coverage limit specified under section 627.7265 by ss.
 1667  324.021(7) and 627.736, Florida Statutes.”
 1668         Section 44. Section 627.7265, Florida Statutes, is created
 1669  to read:
 1670         627.7265 Motor vehicle insurance; medical payments
 1671  coverage.—
 1672         (1)Medical payments coverage must protect the named
 1673  insured, resident relatives, persons operating the insured motor
 1674  vehicle, passengers in the insured motor vehicle, and persons
 1675  who are struck by the insured motor vehicle and suffer bodily
 1676  injury while not an occupant of a self-propelled motor vehicle
 1677  at a limit of at least $5,000 for medical expenses incurred due
 1678  to bodily injury, sickness, or disease arising out of the
 1679  ownership, maintenance, or use of a motor vehicle. The coverage
 1680  must provide an additional death benefit of at least $5,000.
 1681         (a) Before issuing a motor vehicle liability insurance
 1682  policy that is furnished as proof of financial responsibility
 1683  under s. 324.031, the insurer must offer medical payments
 1684  coverage at limits of $5,000 and $10,000. The insurer may also
 1685  offer medical payments coverage at any limit greater than
 1686  $5,000.
 1687         (b)The insurer must offer medical payments coverage with
 1688  no deductible. The insurer may also offer medical payments
 1689  coverage with a deductible not to exceed $500.
 1690         (c)Each motor vehicle liability insurance policy furnished
 1691  as proof of financial responsibility under s. 324.031 is deemed
 1692  to have:
 1693         1.Medical payments coverage to a limit of $10,000, unless
 1694  the insurer obtains a named insured’s written refusal of medical
 1695  payments coverage or written selection of medical payments
 1696  coverage at a limit other than $10,000. The rejection or
 1697  selection of coverage at a limit other than $10,000 must be made
 1698  on a form approved by the office.
 1699         2.No medical payments coverage deductible, unless the
 1700  insurer obtains a named insured’s written selection of a
 1701  deductible up to $500. The selection of a deductible must be
 1702  made on a form approved by the office.
 1703         (d)1.The forms referenced in subparagraphs (c)1. and 2.
 1704  must fully advise the applicant of the nature of the coverage
 1705  being rejected or the policy limit or deductible being selected.
 1706  If the form is signed by a named insured, it is conclusively
 1707  presumed that there was an informed, knowing rejection of the
 1708  coverage or election of the policy limit or deductible.
 1709         2.Unless a named insured requests in writing the coverage
 1710  specified in this section, it need not be provided in or
 1711  supplemental to any other policy that renews, insures, extends,
 1712  changes, supersedes, or replaces an existing policy if a named
 1713  insured has rejected the coverage specified in this section or
 1714  has selected an alternative coverage limit or deductible. At
 1715  least annually, the insurer shall provide to the named insured a
 1716  notice of the availability of such coverage in a form approved
 1717  by the office. The notice must be part of, and attached to, the
 1718  notice of premium and must provide for a means to allow a named
 1719  insured to request medical payments coverage at the limits and
 1720  deductibles required to be offered under this section. The
 1721  notice must be given in a manner approved by the office. Receipt
 1722  of this notice does not constitute an affirmative waiver of the
 1723  insured’s right to medical payments coverage if a named insured
 1724  has not signed a selection or rejection form.
 1725         (e) This section may not be construed to limit any other
 1726  coverage made available by an insurer.
 1727         (2)Upon receiving notice of an accident that is
 1728  potentially covered by medical payments coverage benefits, the
 1729  insurer must reserve $5,000 of medical payments coverage
 1730  benefits for payment to physicians licensed under chapter 458 or
 1731  chapter 459 or dentists licensed under chapter 466 who provide
 1732  emergency services and care, as defined in s. 395.002, or who
 1733  provide hospital inpatient care. The amount required to be held
 1734  in reserve may be used only to pay claims from such physicians
 1735  or dentists until 30 days after the date the insurer receives
 1736  notice of the accident. After the 30-day period, any amount of
 1737  the reserve for which the insurer has not received notice of
 1738  such claims may be used by the insurer to pay other claims. This
 1739  subsection does not require an insurer to establish a claim
 1740  reserve for insurance accounting purposes.
 1741         (3)An insurer providing medical payments coverage benefits
 1742  may not:
 1743         (a)Seek a lien on any recovery in tort by judgment,
 1744  settlement, or otherwise for medical payments coverage benefits,
 1745  regardless of whether suit has been filed or settlement has been
 1746  reached without suit; or
 1747         (b)Bring a cause of action against a person to whom or for
 1748  whom medical payments coverage benefits were paid, except when
 1749  medical payments coverage benefits were paid by reason of fraud
 1750  committed by that person.
 1751         (4)An insurer providing medical payments coverage may
 1752  include provisions in its policy allowing for subrogation for
 1753  medical payments coverage benefits paid if the expenses giving
 1754  rise to the payments were caused by the wrongful act or omission
 1755  of another who is not also an insured under the policy paying
 1756  the medical payments coverage benefits. However, this
 1757  subrogation right is inferior to the rights of the injured
 1758  insured and is available only after all the insured’s damages
 1759  are recovered and the insured is made whole. An insured who
 1760  obtains a recovery from a third party of the full amount of the
 1761  damages sustained and delivers a release or satisfaction that
 1762  impairs a medical payments insurer’s subrogation right is liable
 1763  to the insurer for repayment of medical payments coverage
 1764  benefits less any expenses of acquiring the recovery, including
 1765  a prorated share of attorney fees and costs, and shall hold that
 1766  net recovery in trust to be delivered to the medical payments
 1767  insurer. The insurer may not include any provision in its policy
 1768  allowing for subrogation for any death benefit paid.
 1769         Section 45. Subsections (1) and (7) of section 627.727,
 1770  Florida Statutes, are amended to read:
 1771         627.727 Motor vehicle insurance; uninsured and underinsured
 1772  vehicle coverage; insolvent insurer protection.—
 1773         (1) A No motor vehicle liability insurance policy that
 1774  which provides bodily injury liability coverage may not shall be
 1775  delivered or issued for delivery in this state with respect to
 1776  any specifically insured or identified motor vehicle registered
 1777  or principally garaged in this state, unless uninsured motor
 1778  vehicle coverage is provided therein or supplemental thereto for
 1779  the protection of persons insured thereunder who are legally
 1780  entitled to recover damages from owners or operators of
 1781  uninsured motor vehicles because of bodily injury, sickness, or
 1782  disease, including death, resulting therefrom. However, the
 1783  coverage required under this section is not applicable if when,
 1784  or to the extent that, an insured named in the policy makes a
 1785  written rejection of the coverage on behalf of all insureds
 1786  under the policy. If When a motor vehicle is leased for a period
 1787  of 1 year or longer and the lessor of such vehicle, by the terms
 1788  of the lease contract, provides liability coverage on the leased
 1789  vehicle, the lessee of such vehicle has shall have the sole
 1790  privilege to reject uninsured motorist coverage or to select
 1791  lower limits than the bodily injury liability limits, regardless
 1792  of whether the lessor is qualified as a self-insurer pursuant to
 1793  s. 324.171. Unless an insured, or a lessee having the privilege
 1794  of rejecting uninsured motorist coverage, requests such coverage
 1795  or requests higher uninsured motorist limits in writing, the
 1796  coverage or such higher uninsured motorist limits need not be
 1797  provided in or supplemental to any other policy that which
 1798  renews, extends, changes, supersedes, or replaces an existing
 1799  policy with the same bodily injury liability limits when an
 1800  insured or lessee had rejected the coverage. When an insured or
 1801  lessee has initially selected limits of uninsured motorist
 1802  coverage lower than her or his bodily injury liability limits,
 1803  higher limits of uninsured motorist coverage need not be
 1804  provided in or supplemental to any other policy that which
 1805  renews, extends, changes, supersedes, or replaces an existing
 1806  policy with the same bodily injury liability limits unless an
 1807  insured requests higher uninsured motorist coverage in writing.
 1808  The rejection or selection of lower limits must shall be made on
 1809  a form approved by the office. The form must shall fully advise
 1810  the applicant of the nature of the coverage and must shall state
 1811  that the coverage is equal to bodily injury liability limits
 1812  unless lower limits are requested or the coverage is rejected.
 1813  The heading of the form must shall be in 12-point bold type and
 1814  must shall state: “You are electing not to purchase certain
 1815  valuable coverage that which protects you and your family or you
 1816  are purchasing uninsured motorist limits less than your bodily
 1817  injury liability limits when you sign this form. Please read
 1818  carefully.” If this form is signed by a named insured, it will
 1819  be conclusively presumed that there was an informed, knowing
 1820  rejection of coverage or election of lower limits on behalf of
 1821  all insureds. The insurer shall notify the named insured at
 1822  least annually of her or his options as to the coverage required
 1823  by this section. Such notice must shall be part of, and attached
 1824  to, the notice of premium, must shall provide for a means to
 1825  allow the insured to request such coverage, and must shall be
 1826  given in a manner approved by the office. Receipt of this notice
 1827  does not constitute an affirmative waiver of the insured’s right
 1828  to uninsured motorist coverage if where the insured has not
 1829  signed a selection or rejection form. The coverage described
 1830  under this section must shall be over and above, but may shall
 1831  not duplicate, the benefits available to an insured under any
 1832  workers’ compensation law, personal injury protection benefits,
 1833  disability benefits law, or similar law; under any automobile
 1834  medical payments expense coverage; under any motor vehicle
 1835  liability insurance coverage; or from the owner or operator of
 1836  the uninsured motor vehicle or any other person or organization
 1837  jointly or severally liable together with such owner or operator
 1838  for the accident,; and such coverage must shall cover the
 1839  difference, if any, between the sum of such benefits and the
 1840  damages sustained, up to the maximum amount of such coverage
 1841  provided under this section. The amount of coverage available
 1842  under this section may shall not be reduced by a setoff against
 1843  any coverage, including liability insurance. Such coverage does
 1844  shall not inure directly or indirectly to the benefit of any
 1845  workers’ compensation or disability benefits carrier or any
 1846  person or organization qualifying as a self-insurer under any
 1847  workers’ compensation or disability benefits law or similar law.
 1848         (7) The legal liability of an uninsured motorist coverage
 1849  insurer includes does not include damages in tort for pain,
 1850  suffering, disability or physical impairment, disfigurement,
 1851  mental anguish, and inconvenience, and the loss of capacity for
 1852  the enjoyment of life experienced in the past and to be
 1853  experienced in the future unless the injury or disease is
 1854  described in one or more of paragraphs (a)-(d) of s. 627.737(2).
 1855         Section 46. Section 627.7275, Florida Statutes, is amended
 1856  to read:
 1857         627.7275 Motor vehicle liability.—
 1858         (1) A motor vehicle insurance policy providing personal
 1859  injury protection as set forth in s. 627.736 may not be
 1860  delivered or issued for delivery in this state for a with
 1861  respect to any specifically insured or identified motor vehicle
 1862  registered or principally garaged in this state must provide
 1863  bodily injury liability coverage and unless the policy also
 1864  provides coverage for property damage liability coverage as
 1865  required under by s. 324.022.
 1866         (2)(a) Insurers writing motor vehicle insurance in this
 1867  state shall make available, subject to the insurers’ usual
 1868  underwriting restrictions:
 1869         1. Coverage under policies as described in subsection (1)
 1870  to an applicant for private passenger motor vehicle insurance
 1871  coverage who is seeking the coverage in order to reinstate the
 1872  applicant’s driving privileges in this state if the driving
 1873  privileges were revoked or suspended pursuant to s. 316.646 or
 1874  s. 324.0221 due to the failure of the applicant to maintain
 1875  required security.
 1876         2. Coverage under policies as described in subsection (1),
 1877  which includes bodily injury also provides liability coverage
 1878  and property damage liability coverage, for bodily injury,
 1879  death, and property damage arising out of the ownership,
 1880  maintenance, or use of the motor vehicle in an amount not less
 1881  than the minimum limits required under described in s.
 1882  324.021(7) or s. 324.023 and which conforms to the requirements
 1883  of s. 324.151, to an applicant for private passenger motor
 1884  vehicle insurance coverage who is seeking the coverage in order
 1885  to reinstate the applicant’s driving privileges in this state
 1886  after such privileges were revoked or suspended under s. 316.193
 1887  or s. 322.26(2) for driving under the influence.
 1888         (b) The policies described in paragraph (a) must shall be
 1889  issued for at least 6 months and, as to the minimum coverages
 1890  required under this section, may not be canceled by the insured
 1891  for any reason or by the insurer after 60 days, during which
 1892  period the insurer is completing the underwriting of the policy.
 1893  After the insurer has completed underwriting the policy, the
 1894  insurer shall notify the Department of Highway Safety and Motor
 1895  Vehicles that the policy is in full force and effect and is not
 1896  cancelable for the remainder of the policy period. A premium
 1897  must shall be collected and the coverage is in effect for the
 1898  60-day period during which the insurer is completing the
 1899  underwriting of the policy, whether or not the person’s driver
 1900  license, motor vehicle tag, and motor vehicle registration are
 1901  in effect. Once the noncancelable provisions of the policy
 1902  become effective, the bodily injury liability and property
 1903  damage liability coverages for bodily injury, property damage,
 1904  and personal injury protection may not be reduced below the
 1905  minimum limits required under s. 324.021 or s. 324.023 during
 1906  the policy period.
 1907         (c) This subsection controls to the extent of any conflict
 1908  with any other section.
 1909         (d) An insurer issuing a policy subject to this section may
 1910  cancel the policy if, during the policy term, the named insured,
 1911  or any other operator who resides in the same household or
 1912  customarily operates an automobile insured under the policy, has
 1913  his or her driver license suspended or revoked.
 1914         (e) This subsection does not require an insurer to offer a
 1915  policy of insurance to an applicant if such offer would be
 1916  inconsistent with the insurer’s underwriting guidelines and
 1917  procedures.
 1918         Section 47. Effective upon this act becoming a law, section
 1919  627.7278, Florida Statutes, is created to read:
 1920         627.7278Applicability and construction; notice to
 1921  policyholders.—
 1922         (1) As used in this section, the term “minimum security
 1923  requirements” means security that enables a person to respond in
 1924  damages for liability on account of crashes arising out of the
 1925  ownership, maintenance, or use of a motor vehicle, in the
 1926  amounts required by s. 324.022(1), as amended by this act.
 1927         (2) Effective January 1, 2022:
 1928         (a) Motor vehicle insurance policies issued or renewed on
 1929  or after that date may not include personal injury protection.
 1930         (b) All persons subject to s. 324.022, s. 324.032, s.
 1931  627.7415, or s. 627.742 must maintain at least minimum security
 1932  requirements.
 1933         (c) Any new or renewal motor vehicle insurance policy
 1934  delivered or issued for delivery in this state must provide
 1935  coverage that complies with minimum security requirements.
 1936         (d) An existing motor vehicle insurance policy issued
 1937  before that date which provides personal injury protection and
 1938  property damage liability coverage that meets the requirements
 1939  of s. 324.022 on December 31, 2021, but which does not meet
 1940  minimum security requirements on or after January 1, 2022, is
 1941  deemed to meet minimum security requirements until such policy
 1942  is renewed, nonrenewed, or canceled on or after January 1, 2022.
 1943  Sections 627.730-627.7405, 400.9905, 400.991, 456.057, 456.072,
 1944  627.7263, 627.727, 627.748, 626.9541(1)(i), and 817.234, Florida
 1945  Statutes 2020, remain in full force and effect for motor vehicle
 1946  accidents covered under a policy issued under the Florida Motor
 1947  Vehicle No-Fault Law before January 1, 2022, until the policy is
 1948  renewed, nonrenewed, or canceled on or after January 1, 2022.
 1949         (3) Each insurer shall allow each insured who has a new or
 1950  renewal policy providing personal injury protection which
 1951  becomes effective before January 1, 2022, and whose policy does
 1952  not meet minimum security requirements on or after January 1,
 1953  2022, to change coverages so as to eliminate personal injury
 1954  protection and obtain coverage providing minimum security
 1955  requirements, which shall be effective on or after January 1,
 1956  2022. The insurer is not required to provide coverage complying
 1957  with minimum security requirements in such policies if the
 1958  insured does not pay the required premium, if any, by January 1,
 1959  2022, or such later date as the insurer may allow. The insurer
 1960  also shall offer each insured medical payments coverage pursuant
 1961  to s. 627.7265. Any reduction in the premium must be refunded by
 1962  the insurer. The insurer may not impose on the insured an
 1963  additional fee or charge that applies solely to a change in
 1964  coverage; however, the insurer may charge an additional required
 1965  premium that is actuarially indicated.
 1966         (4) By September 1, 2021, each motor vehicle insurer shall
 1967  provide notice of this section to each motor vehicle
 1968  policyholder who is subject to this section. The notice is
 1969  subject to approval by the office and must clearly inform the
 1970  policyholder that:
 1971         (a) The Florida Motor Vehicle No-Fault Law is repealed
 1972  effective January 1, 2022, and that on or after that date, the
 1973  insured is no longer required to maintain personal injury
 1974  protection insurance coverage, that personal injury protection
 1975  coverage is no longer available for purchase in this state, and
 1976  that all new or renewal policies issued on or after that date
 1977  will not contain that coverage.
 1978         (b) Effective January 1, 2022, a person subject to the
 1979  financial responsibility requirements of s. 324.022 must
 1980  maintain minimum security requirements that enable the person to
 1981  respond to damages for liability on account of accidents arising
 1982  out of the use of a motor vehicle in the following amounts:
 1983         1. Twenty-five thousand dollars for bodily injury to, or
 1984  the death of, one person in any one crash and, subject to such
 1985  limits for one person, in the amount of $50,000 for bodily
 1986  injury to, or the death of, two or more persons in any one
 1987  crash; and
 1988         2.Ten thousand dollars for damage to, or destruction of,
 1989  the property of others in any one crash.
 1990         (c) Bodily injury liability coverage protects the insured,
 1991  up to the coverage limits, against loss if the insured is
 1992  legally responsible for the death of or bodily injury to others
 1993  in a motor vehicle accident.
 1994         (d) Effective January 1, 2022, each policyholder of motor
 1995  vehicle liability insurance purchased as proof of financial
 1996  responsibility must be offered medical payments coverage
 1997  benefits that comply with s. 627.7265. The insurer must offer
 1998  medical payments coverage at limits of $5,000 and $10,000
 1999  without a deductible. The insurer may also offer medical
 2000  payments coverage at other limits greater than $5,000 and may
 2001  offer coverage with a deductible of up to $500. Medical payments
 2002  coverage pays covered medical expenses incurred due to bodily
 2003  injury, sickness, or disease arising out of the ownership,
 2004  maintenance, or use of the motor vehicle, up to the limits of
 2005  such coverage, for injuries sustained in a motor vehicle crash
 2006  by the named insured, resident relatives, any person operating
 2007  the insured motor vehicle, passengers in the insured motor
 2008  vehicle, and persons who are struck by the insured motor vehicle
 2009  and suffer bodily injury while not an occupant of a self
 2010  propelled motor vehicle as provided in s. 627.7265. Medical
 2011  payments coverage also provides a death benefit of at least
 2012  $5,000.
 2013         (e) The policyholder may obtain uninsured and underinsured
 2014  motorist coverage that provides benefits, up to the limits of
 2015  such coverage, to a policyholder or other insured entitled to
 2016  recover damages for bodily injury, sickness, disease, or death
 2017  resulting from a motor vehicle accident with an uninsured or
 2018  underinsured owner or operator of a motor vehicle.
 2019         (f) If the policyholder’s new or renewal motor vehicle
 2020  insurance policy is effective before January 1, 2022, and
 2021  contains personal injury protection and property damage
 2022  liability coverage as required by state law before January 1,
 2023  2022, but does not meet minimum security requirements on or
 2024  after January 1, 2022, the policy is deemed to meet minimum
 2025  security requirements until it is renewed, nonrenewed, or
 2026  canceled on or after January 1, 2022.
 2027         (g) A policyholder whose new or renewal policy becomes
 2028  effective before January 1, 2022, but does not meet minimum
 2029  security requirements on or after January 1, 2022, may change
 2030  coverages under the policy so as to eliminate personal injury
 2031  protection and to obtain coverage providing minimum security
 2032  requirements, including bodily injury liability coverage, which
 2033  are effective on or after January 1, 2022.
 2034         (h) If the policyholder has any questions, he or she should
 2035  contact the person named at the telephone number provided in the
 2036  notice.
 2037         Section 48. Paragraph (a) of subsection (1) of section
 2038  627.728, Florida Statutes, is amended to read:
 2039         627.728 Cancellations; nonrenewals.—
 2040         (1) As used in this section, the term:
 2041         (a) “Policy” means the bodily injury and property damage
 2042  liability, personal injury protection, medical payments,
 2043  comprehensive, collision, and uninsured motorist coverage
 2044  portions of a policy of motor vehicle insurance delivered or
 2045  issued for delivery in this state:
 2046         1. Insuring a natural person as named insured or one or
 2047  more related individuals who are residents resident of the same
 2048  household; and
 2049         2. Insuring only a motor vehicle of the private passenger
 2050  type or station wagon type which is not used as a public or
 2051  livery conveyance for passengers or rented to others; or
 2052  insuring any other four-wheel motor vehicle having a load
 2053  capacity of 1,500 pounds or less which is not used in the
 2054  occupation, profession, or business of the insured other than
 2055  farming; other than any policy issued under an automobile
 2056  insurance assigned risk plan or covering garage, automobile
 2057  sales agency, repair shop, service station, or public parking
 2058  place operation hazards.
 2059  
 2060  The term “policy” does not include a binder as defined in s.
 2061  627.420 unless the duration of the binder period exceeds 60
 2062  days.
 2063         Section 49. Subsection (1), paragraph (a) of subsection
 2064  (5), and subsections (6) and (7) of section 627.7295, Florida
 2065  Statutes, are amended to read:
 2066         627.7295 Motor vehicle insurance contracts.—
 2067         (1) As used in this section, the term:
 2068         (a) “Policy” means a motor vehicle insurance policy that
 2069  provides bodily injury liability personal injury protection
 2070  coverage and, property damage liability coverage, or both.
 2071         (b) “Binder” means a binder that provides motor vehicle
 2072  bodily injury liability coverage personal injury protection and
 2073  property damage liability coverage.
 2074         (5)(a) A licensed general lines agent may charge a per
 2075  policy fee of up to not to exceed $10 to cover the
 2076  administrative costs of the agent associated with selling the
 2077  motor vehicle insurance policy if the policy covers only bodily
 2078  injury liability coverage personal injury protection coverage as
 2079  provided by s. 627.736 and property damage liability coverage as
 2080  provided by s. 627.7275 and if no other insurance is sold or
 2081  issued in conjunction with or collateral to the policy. The fee
 2082  is not considered part of the premium.
 2083         (6) If a motor vehicle owner’s driver license, license
 2084  plate, and registration have previously been suspended pursuant
 2085  to s. 316.646 or s. 627.733, an insurer may cancel a new policy
 2086  only as provided in s. 627.7275.
 2087         (7) A policy of private passenger motor vehicle insurance
 2088  or a binder for such a policy may be initially issued in this
 2089  state only if, before the effective date of such binder or
 2090  policy, the insurer or agent has collected from the insured an
 2091  amount equal to at least 1 month’s premium. An insurer, agent,
 2092  or premium finance company may not, directly or indirectly, take
 2093  any action that results resulting in the insured paying having
 2094  paid from the insured’s own funds an amount less than the 1
 2095  month’s premium required by this subsection. This subsection
 2096  applies without regard to whether the premium is financed by a
 2097  premium finance company or is paid pursuant to a periodic
 2098  payment plan of an insurer or an insurance agent.
 2099         (a) This subsection does not apply:
 2100         1. If an insured or member of the insured’s family is
 2101  renewing or replacing a policy or a binder for such policy
 2102  written by the same insurer or a member of the same insurer
 2103  group. This subsection does not apply
 2104         2. To an insurer that issues private passenger motor
 2105  vehicle coverage primarily to active duty or former military
 2106  personnel or their dependents. This subsection does not apply
 2107         3. If all policy payments are paid pursuant to a payroll
 2108  deduction plan, an automatic electronic funds transfer payment
 2109  plan from the policyholder, or a recurring credit card or debit
 2110  card agreement with the insurer.
 2111         (b) This subsection and subsection (4) do not apply if:
 2112         1. All policy payments to an insurer are paid pursuant to
 2113  an automatic electronic funds transfer payment plan from an
 2114  agent, a managing general agent, or a premium finance company
 2115  and if the policy includes, at a minimum, bodily injury
 2116  liability coverage and personal injury protection pursuant to
 2117  ss. 627.730-627.7405; motor vehicle property damage liability
 2118  coverage pursuant to s. 627.7275; or and bodily injury liability
 2119  in at least the amount of $10,000 because of bodily injury to,
 2120  or death of, one person in any one accident and in the amount of
 2121  $20,000 because of bodily injury to, or death of, two or more
 2122  persons in any one accident. This subsection and subsection (4)
 2123  do not apply if
 2124         2. An insured has had a policy in effect for at least 6
 2125  months, the insured’s agent is terminated by the insurer that
 2126  issued the policy, and the insured obtains coverage on the
 2127  policy’s renewal date with a new company through the terminated
 2128  agent.
 2129         Section 50. Section 627.7415, Florida Statutes, is amended
 2130  to read:
 2131         627.7415 Commercial motor vehicles; additional liability
 2132  insurance coverage.—Beginning January 1, 2022, commercial motor
 2133  vehicles, as defined in s. 207.002 or s. 320.01, operated upon
 2134  the roads and highways of this state must shall be insured with
 2135  the following minimum levels of combined bodily liability
 2136  insurance and property damage liability insurance in addition to
 2137  any other insurance requirements:
 2138         (1) Sixty Fifty thousand dollars per occurrence for a
 2139  commercial motor vehicle with a gross vehicle weight of 26,000
 2140  pounds or more, but less than 35,000 pounds.
 2141         (2) One hundred twenty thousand dollars per occurrence for
 2142  a commercial motor vehicle with a gross vehicle weight of 35,000
 2143  pounds or more, but less than 44,000 pounds.
 2144         (3) Three hundred thousand dollars per occurrence for a
 2145  commercial motor vehicle with a gross vehicle weight of 44,000
 2146  pounds or more.
 2147         (4) All commercial motor vehicles subject to regulations of
 2148  the United States Department of Transportation, 49 C.F.R. part
 2149  387, subpart A, and as may be hereinafter amended, shall be
 2150  insured in an amount equivalent to the minimum levels of
 2151  financial responsibility as set forth in such regulations.
 2152  
 2153  A violation of this section is a noncriminal traffic infraction,
 2154  punishable as a nonmoving violation as provided in chapter 318.
 2155         Section 51. Section 627.747, Florida Statutes, is created
 2156  to read:
 2157         627.747 Named driver exclusion.—
 2158         (1) A private passenger motor vehicle policy may exclude an
 2159  identified individual from the following coverages while the
 2160  identified individual is operating a motor vehicle, provided
 2161  that the identified individual is specifically excluded by name
 2162  on the declarations page or by endorsement and the policyholder
 2163  consents in writing to the exclusion:
 2164         (a) Property damage liability coverage.
 2165         (b) Bodily injury liability coverage.
 2166         (c) Uninsured motorist coverage for any damages sustained
 2167  by the identified excluded individual, if the policyholder has
 2168  purchased such coverage.
 2169         (d)Medical payments coverage, if the policyholder has
 2170  purchased such coverage.
 2171         (e) Any coverage the policyholder is not required by law to
 2172  purchase.
 2173         (2) A private passenger motor vehicle policy may not
 2174  exclude coverage when:
 2175         (a) The identified excluded individual is injured while not
 2176  operating a motor vehicle;
 2177         (b)The exclusion is unfairly discriminatory under the
 2178  Florida Insurance Code, as determined by the office; or
 2179         (c)The exclusion is inconsistent with the underwriting
 2180  rules filed by the insurer pursuant to s. 627.0651(13)(a).
 2181         Section 52. Paragraphs (b), (c), and (g) of subsection (7),
 2182  paragraphs (a) and (b) of subsection (8), and paragraph (b) of
 2183  subsection (16) of section 627.748, Florida Statutes, are
 2184  amended to read:
 2185         627.748 Transportation network companies.—
 2186         (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE
 2187  REQUIREMENTS.—
 2188         (b) The following automobile insurance requirements apply
 2189  while a participating TNC driver is logged on to the digital
 2190  network but is not engaged in a prearranged ride:
 2191         1. Automobile insurance that provides:
 2192         a. A primary automobile liability coverage of at least
 2193  $50,000 for death and bodily injury per person, $100,000 for
 2194  death and bodily injury per incident, and $25,000 for property
 2195  damage; and
 2196         b. Personal injury protection benefits that meet the
 2197  minimum coverage amounts required under ss. 627.730-627.7405;
 2198  and
 2199         c. Uninsured and underinsured vehicle coverage as required
 2200  by s. 627.727.
 2201         2. The coverage requirements of this paragraph may be
 2202  satisfied by any of the following:
 2203         a. Automobile insurance maintained by the TNC driver or the
 2204  TNC vehicle owner;
 2205         b. Automobile insurance maintained by the TNC; or
 2206         c. A combination of sub-subparagraphs a. and b.
 2207         (c) The following automobile insurance requirements apply
 2208  while a TNC driver is engaged in a prearranged ride:
 2209         1. Automobile insurance that provides:
 2210         a. A primary automobile liability coverage of at least $1
 2211  million for death, bodily injury, and property damage; and
 2212         b. Personal injury protection benefits that meet the
 2213  minimum coverage amounts required of a limousine under ss.
 2214  627.730-627.7405; and
 2215         c. Uninsured and underinsured vehicle coverage as required
 2216  by s. 627.727.
 2217         2. The coverage requirements of this paragraph may be
 2218  satisfied by any of the following:
 2219         a. Automobile insurance maintained by the TNC driver or the
 2220  TNC vehicle owner;
 2221         b. Automobile insurance maintained by the TNC; or
 2222         c. A combination of sub-subparagraphs a. and b.
 2223         (g) Insurance satisfying the requirements under this
 2224  subsection is deemed to satisfy the financial responsibility
 2225  requirement for a motor vehicle under chapter 324 and the
 2226  security required under s. 627.733 for any period when the TNC
 2227  driver is logged onto the digital network or engaged in a
 2228  prearranged ride.
 2229         (8) TRANSPORTATION NETWORK COMPANY AND INSURER; DISCLOSURE;
 2230  EXCLUSIONS.—
 2231         (a) Before a TNC driver is allowed to accept a request for
 2232  a prearranged ride on the digital network, the TNC must disclose
 2233  in writing to the TNC driver:
 2234         1. The insurance coverage, including the types of coverage
 2235  and the limits for each coverage, which the TNC provides while
 2236  the TNC driver uses a TNC vehicle in connection with the TNC’s
 2237  digital network.
 2238         2. That the TNC driver’s own automobile insurance policy
 2239  might not provide any coverage while the TNC driver is logged on
 2240  to the digital network or is engaged in a prearranged ride,
 2241  depending on the terms of the TNC driver’s own automobile
 2242  insurance policy.
 2243         3. That the provision of rides for compensation which are
 2244  not prearranged rides subjects the driver to the coverage
 2245  requirements imposed under s. 324.032(1) and (2) and that
 2246  failure to meet such coverage requirements subjects the TNC
 2247  driver to penalties provided in s. 324.221, up to and including
 2248  a misdemeanor of the second degree.
 2249         (b)1. An insurer that provides an automobile liability
 2250  insurance policy under this part may exclude any and all
 2251  coverage afforded under the policy issued to an owner or
 2252  operator of a TNC vehicle while driving that vehicle for any
 2253  loss or injury that occurs while a TNC driver is logged on to a
 2254  digital network or while a TNC driver provides a prearranged
 2255  ride. Exclusions imposed under this subsection are limited to
 2256  coverage while a TNC driver is logged on to a digital network or
 2257  while a TNC driver provides a prearranged ride. This right to
 2258  exclude all coverage may apply to any coverage included in an
 2259  automobile insurance policy, including, but not limited to:
 2260         a. Liability coverage for bodily injury and property
 2261  damage;
 2262         b. Uninsured and underinsured motorist coverage;
 2263         c. Medical payments coverage;
 2264         d. Comprehensive physical damage coverage; and
 2265         e. Collision physical damage coverage; and
 2266         f.Personal injury protection.
 2267         2. The exclusions described in subparagraph 1. apply
 2268  notwithstanding any requirement under chapter 324. These
 2269  exclusions do not affect or diminish coverage otherwise
 2270  available for permissive drivers or resident relatives under the
 2271  personal automobile insurance policy of the TNC driver or owner
 2272  of the TNC vehicle who are not occupying the TNC vehicle at the
 2273  time of loss. This section does not require that a personal
 2274  automobile insurance policy provide coverage while the TNC
 2275  driver is logged on to a digital network, while the TNC driver
 2276  is engaged in a prearranged ride, or while the TNC driver
 2277  otherwise uses a vehicle to transport riders for compensation.
 2278         3. This section must not be construed to require an insurer
 2279  to use any particular policy language or reference to this
 2280  section in order to exclude any and all coverage for any loss or
 2281  injury that occurs while a TNC driver is logged on to a digital
 2282  network or while a TNC driver provides a prearranged ride.
 2283         4. This section does not preclude an insurer from providing
 2284  primary or excess coverage for the TNC driver’s vehicle by
 2285  contract or endorsement.
 2286         (16) LUXURY GROUND TRANSPORTATION NETWORK COMPANIES.—
 2287         (b) An entity may elect, upon written notification to the
 2288  department, to be regulated as a luxury ground TNC. A luxury
 2289  ground TNC must:
 2290         1. Comply with all of the requirements of this section
 2291  applicable to a TNC, including subsection (17), which do not
 2292  conflict with subparagraph 2. or which do not prohibit the
 2293  company from connecting riders to drivers who operate for-hire
 2294  vehicles as defined in s. 320.01(15), including limousines and
 2295  luxury sedans and excluding taxicabs.
 2296         2. Maintain insurance coverage as required by subsection
 2297  (7). However, if a prospective luxury ground TNC satisfies
 2298  minimum financial responsibility through compliance with s.
 2299  324.032(3) s. 324.032(2) by using self-insurance when it gives
 2300  the department written notification of its election to be
 2301  regulated as a luxury ground TNC, the luxury ground TNC may use
 2302  self-insurance to meet the insurance requirements of subsection
 2303  (7), so long as such self-insurance complies with s. 324.032(3)
 2304  s. 324.032(2) and provides the limits of liability required by
 2305  subsection (7).
 2306         Section 53. Paragraph (a) of subsection (2) of section
 2307  627.749, Florida Statutes, is amended to read:
 2308         627.749 Autonomous vehicles; insurance requirements.—
 2309         (2) INSURANCE REQUIREMENTS.—
 2310         (a) A fully autonomous vehicle with the automated driving
 2311  system engaged while logged on to an on-demand autonomous
 2312  vehicle network or engaged in a prearranged ride must be covered
 2313  by a policy of automobile insurance which provides:
 2314         1. Primary liability coverage of at least $1 million for
 2315  death, bodily injury, and property damage.
 2316         2. Personal injury protection benefits that meet the
 2317  minimum coverage amounts required under ss. 627.730-627.7405.
 2318         3. Uninsured and underinsured vehicle coverage as required
 2319  by s. 627.727.
 2320         Section 54. Section 627.8405, Florida Statutes, is amended
 2321  to read:
 2322         627.8405 Prohibited acts; financing companies.—A No premium
 2323  finance company shall, in a premium finance agreement or other
 2324  agreement, may not finance the cost of or otherwise provide for
 2325  the collection or remittance of dues, assessments, fees, or
 2326  other periodic payments of money for the cost of:
 2327         (1) A membership in an automobile club. The term
 2328  “automobile club” means a legal entity that which, in
 2329  consideration of dues, assessments, or periodic payments of
 2330  money, promises its members or subscribers to assist them in
 2331  matters relating to the ownership, operation, use, or
 2332  maintenance of a motor vehicle; however, the term this
 2333  definition of “automobile club” does not include persons,
 2334  associations, or corporations which are organized and operated
 2335  solely for the purpose of conducting, sponsoring, or sanctioning
 2336  motor vehicle races, exhibitions, or contests upon racetracks,
 2337  or upon racecourses established and marked as such for the
 2338  duration of such particular events. As used in this subsection,
 2339  the term words “motor vehicle” has used herein have the same
 2340  meaning as defined in chapter 320.
 2341         (2) An accidental death and dismemberment policy sold in
 2342  combination with a policy providing only bodily injury liability
 2343  coverage personal injury protection and property damage
 2344  liability coverage only policy.
 2345         (3) Any product not regulated under the provisions of this
 2346  insurance code.
 2347  
 2348  This section also applies to premium financing by any insurance
 2349  agent or insurance company under part XVI. The commission shall
 2350  adopt rules to assure disclosure, at the time of sale, of
 2351  coverages financed with personal injury protection and shall
 2352  prescribe the form of such disclosure.
 2353         Section 55. Subsection (1) of section 627.915, Florida
 2354  Statutes, is amended to read:
 2355         627.915 Insurer experience reporting.—
 2356         (1) Each insurer transacting private passenger automobile
 2357  insurance in this state shall report certain information
 2358  annually to the office. The information will be due on or before
 2359  July 1 of each year. The information must shall be divided into
 2360  the following categories: bodily injury liability; property
 2361  damage liability; uninsured motorist; personal injury protection
 2362  benefits; medical payments; and comprehensive and collision. The
 2363  information given must shall be on direct insurance writings in
 2364  the state alone and shall represent total limits data. The
 2365  information set forth in paragraphs (a)-(f) is applicable to
 2366  voluntary private passenger and Joint Underwriting Association
 2367  private passenger writings and must shall be reported for each
 2368  of the latest 3 calendar-accident years, with an evaluation date
 2369  of March 31 of the current year. The information set forth in
 2370  paragraphs (g)-(j) is applicable to voluntary private passenger
 2371  writings and must shall be reported on a calendar-accident year
 2372  basis ultimately seven times at seven different stages of
 2373  development.
 2374         (a) Premiums earned for the latest 3 calendar-accident
 2375  years.
 2376         (b) Loss development factors and the historic development
 2377  of those factors.
 2378         (c) Policyholder dividends incurred.
 2379         (d) Expenses for other acquisition and general expense.
 2380         (e) Expenses for agents’ commissions and taxes, licenses,
 2381  and fees.
 2382         (f) Profit and contingency factors as utilized in the
 2383  insurer’s automobile rate filings for the applicable years.
 2384         (g) Losses paid.
 2385         (h) Losses unpaid.
 2386         (i) Loss adjustment expenses paid.
 2387         (j) Loss adjustment expenses unpaid.
 2388         Section 56. Subsections (2) and (3) of section 628.909,
 2389  Florida Statutes, are amended to read:
 2390         628.909 Applicability of other laws.—
 2391         (2) The following provisions of the Florida Insurance Code
 2392  apply to captive insurance companies that who are not industrial
 2393  insured captive insurance companies to the extent that such
 2394  provisions are not inconsistent with this part:
 2395         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 2396  624.40851, 624.4095, 624.411, 624.425, and 624.426.
 2397         (b) Chapter 625, part II.
 2398         (c) Chapter 626, part IX.
 2399         (d) Sections 627.730-627.7405, when no-fault coverage is
 2400  provided.
 2401         (e) Chapter 628.
 2402         (3) The following provisions of the Florida Insurance Code
 2403  shall apply to industrial insured captive insurance companies to
 2404  the extent that such provisions are not inconsistent with this
 2405  part:
 2406         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 2407  624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1).
 2408         (b) Chapter 625, part II, if the industrial insured captive
 2409  insurance company is incorporated in this state.
 2410         (c) Chapter 626, part IX.
 2411         (d) Sections 627.730-627.7405 when no-fault coverage is
 2412  provided.
 2413         (e) Chapter 628, except for ss. 628.341, 628.351, and
 2414  628.6018.
 2415         Section 57. Subsections (2), (6), and (7) of section
 2416  705.184, Florida Statutes, are amended to read:
 2417         705.184 Derelict or abandoned motor vehicles on the
 2418  premises of public-use airports.—
 2419         (2) The airport director or the director’s designee shall
 2420  contact the Department of Highway Safety and Motor Vehicles to
 2421  notify that department that the airport has possession of the
 2422  abandoned or derelict motor vehicle and to determine the name
 2423  and address of the owner of the motor vehicle, the insurance
 2424  company insuring the motor vehicle, notwithstanding the
 2425  provisions of s. 627.736, and any person who has filed a lien on
 2426  the motor vehicle. Within 7 business days after receipt of the
 2427  information, the director or the director’s designee shall send
 2428  notice by certified mail, return receipt requested, to the owner
 2429  of the motor vehicle, the insurance company insuring the motor
 2430  vehicle, notwithstanding the provisions of s. 627.736, and all
 2431  persons of record claiming a lien against the motor vehicle. The
 2432  notice must shall state the fact of possession of the motor
 2433  vehicle, that charges for reasonable towing, storage, and
 2434  parking fees, if any, have accrued and the amount thereof, that
 2435  a lien as provided in subsection (6) will be claimed, that the
 2436  lien is subject to enforcement pursuant to law, that the owner
 2437  or lienholder, if any, has the right to a hearing as set forth
 2438  in subsection (4), and that any motor vehicle which, at the end
 2439  of 30 calendar days after receipt of the notice, has not been
 2440  removed from the airport upon payment in full of all accrued
 2441  charges for reasonable towing, storage, and parking fees, if
 2442  any, may be disposed of as provided in s. 705.182(2)(a), (b),
 2443  (d), or (e), including, but not limited to, the motor vehicle
 2444  being sold free of all prior liens after 35 calendar days after
 2445  the time the motor vehicle is stored if any prior liens on the
 2446  motor vehicle are more than 5 years of age or after 50 calendar
 2447  days after the time the motor vehicle is stored if any prior
 2448  liens on the motor vehicle are 5 years of age or less.
 2449         (6) The airport pursuant to this section or, if used, a
 2450  licensed independent wrecker company pursuant to s. 713.78 shall
 2451  have a lien on an abandoned or derelict motor vehicle for all
 2452  reasonable towing, storage, and accrued parking fees, if any,
 2453  except that no storage fee may shall be charged if the motor
 2454  vehicle is stored less than 6 hours. As a prerequisite to
 2455  perfecting a lien under this section, the airport director or
 2456  the director’s designee must serve a notice in accordance with
 2457  subsection (2) on the owner of the motor vehicle, the insurance
 2458  company insuring the motor vehicle, notwithstanding the
 2459  provisions of s. 627.736, and all persons of record claiming a
 2460  lien against the motor vehicle. If attempts to notify the owner,
 2461  the insurance company insuring the motor vehicle,
 2462  notwithstanding the provisions of s. 627.736, or lienholders are
 2463  not successful, the requirement of notice by mail shall be
 2464  considered met. Serving of the notice does not dispense with
 2465  recording the claim of lien.
 2466         (7)(a) For the purpose of perfecting its lien under this
 2467  section, the airport shall record a claim of lien which states
 2468  shall state:
 2469         1. The name and address of the airport.
 2470         2. The name of the owner of the motor vehicle, the
 2471  insurance company insuring the motor vehicle, notwithstanding
 2472  the provisions of s. 627.736, and all persons of record claiming
 2473  a lien against the motor vehicle.
 2474         3. The costs incurred from reasonable towing, storage, and
 2475  parking fees, if any.
 2476         4. A description of the motor vehicle sufficient for
 2477  identification.
 2478         (b) The claim of lien must shall be signed and sworn to or
 2479  affirmed by the airport director or the director’s designee.
 2480         (c) The claim of lien is shall be sufficient if it is in
 2481  substantially the following form:
 2482  
 2483                            CLAIM OF LIEN                          
 2484  State of ........
 2485  County of ........
 2486  Before me, the undersigned notary public, personally appeared
 2487  ........, who was duly sworn and says that he/she is the
 2488  ........ of ............, whose address is........; and that the
 2489  following described motor vehicle:
 2490  ...(Description of motor vehicle)...
 2491  owned by ........, whose address is ........, has accrued
 2492  $........ in fees for a reasonable tow, for storage, and for
 2493  parking, if applicable; that the lienor served its notice to the
 2494  owner, the insurance company insuring the motor vehicle
 2495  notwithstanding the provisions of s. 627.736, Florida Statutes,
 2496  and all persons of record claiming a lien against the motor
 2497  vehicle on ...., ...(year)..., by.........
 2498  ...(Signature)...
 2499  Sworn to (or affirmed) and subscribed before me this .... day of
 2500  ...., ...(year)..., by ...(name of person making statement)....
 2501  ...(Signature of Notary Public)......(Print, Type, or Stamp
 2502  Commissioned name of Notary Public)...
 2503  Personally Known....OR Produced....as identification.
 2504  
 2505  However, the negligent inclusion or omission of any information
 2506  in this claim of lien which does not prejudice the owner does
 2507  not constitute a default that operates to defeat an otherwise
 2508  valid lien.
 2509         (d) The claim of lien must shall be served on the owner of
 2510  the motor vehicle, the insurance company insuring the motor
 2511  vehicle, notwithstanding the provisions of s. 627.736, and all
 2512  persons of record claiming a lien against the motor vehicle. If
 2513  attempts to notify the owner, the insurance company insuring the
 2514  motor vehicle notwithstanding the provisions of s. 627.736, or
 2515  lienholders are not successful, the requirement of notice by
 2516  mail shall be considered met. The claim of lien must shall be so
 2517  served before recordation.
 2518         (e) The claim of lien must shall be recorded with the clerk
 2519  of court in the county where the airport is located. The
 2520  recording of the claim of lien shall be constructive notice to
 2521  all persons of the contents and effect of such claim. The lien
 2522  attaches shall attach at the time of recordation and takes shall
 2523  take priority as of that time.
 2524         Section 58. Subsection (4) of section 713.78, Florida
 2525  Statutes, is amended to read:
 2526         713.78 Liens for recovering, towing, or storing vehicles
 2527  and vessels.—
 2528         (4)(a) A person regularly engaged in the business of
 2529  recovering, towing, or storing vehicles or vessels who comes
 2530  into possession of a vehicle or vessel pursuant to subsection
 2531  (2), and who claims a lien for recovery, towing, or storage
 2532  services, shall give notice, by certified mail, to the
 2533  registered owner, the insurance company insuring the vehicle
 2534  notwithstanding s. 627.736, and all persons claiming a lien
 2535  thereon, as disclosed by the records in the Department of
 2536  Highway Safety and Motor Vehicles or as disclosed by the records
 2537  of any corresponding agency in any other state in which the
 2538  vehicle is identified through a records check of the National
 2539  Motor Vehicle Title Information System or an equivalent
 2540  commercially available system as being titled or registered.
 2541         (b) Whenever a law enforcement agency authorizes the
 2542  removal of a vehicle or vessel or whenever a towing service,
 2543  garage, repair shop, or automotive service, storage, or parking
 2544  place notifies the law enforcement agency of possession of a
 2545  vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
 2546  enforcement agency of the jurisdiction where the vehicle or
 2547  vessel is stored shall contact the Department of Highway Safety
 2548  and Motor Vehicles, or the appropriate agency of the state of
 2549  registration, if known, within 24 hours through the medium of
 2550  electronic communications, giving the full description of the
 2551  vehicle or vessel. Upon receipt of the full description of the
 2552  vehicle or vessel, the department shall search its files to
 2553  determine the owner’s name, the insurance company insuring the
 2554  vehicle or vessel, and whether any person has filed a lien upon
 2555  the vehicle or vessel as provided in s. 319.27(2) and (3) and
 2556  notify the applicable law enforcement agency within 72 hours.
 2557  The person in charge of the towing service, garage, repair shop,
 2558  or automotive service, storage, or parking place shall obtain
 2559  such information from the applicable law enforcement agency
 2560  within 5 days after the date of storage and shall give notice
 2561  pursuant to paragraph (a). The department may release the
 2562  insurance company information to the requestor notwithstanding
 2563  s. 627.736.
 2564         (c) The notice of lien must be sent by certified mail to
 2565  the registered owner, the insurance company insuring the vehicle
 2566  notwithstanding s. 627.736, and all other persons claiming a
 2567  lien thereon within 7 business days, excluding Saturday and
 2568  Sunday, after the date of storage of the vehicle or vessel.
 2569  However, in no event shall the notice of lien be sent less than
 2570  30 days before the sale of the vehicle or vessel. The notice
 2571  must state:
 2572         1. If the claim of lien is for a vehicle, the last 8 digits
 2573  of the vehicle identification number of the vehicle subject to
 2574  the lien, or, if the claim of lien is for a vessel, the hull
 2575  identification number of the vessel subject to the lien, clearly
 2576  printed in the delivery address box and on the outside of the
 2577  envelope sent to the registered owner and all other persons
 2578  claiming an interest therein or lien thereon.
 2579         2. The name, physical address, and telephone number of the
 2580  lienor, and the entity name, as registered with the Division of
 2581  Corporations, of the business where the towing and storage
 2582  occurred, which must also appear on the outside of the envelope
 2583  sent to the registered owner and all other persons claiming an
 2584  interest in or lien on the vehicle or vessel.
 2585         3. The fact of possession of the vehicle or vessel.
 2586         4. The name of the person or entity that authorized the
 2587  lienor to take possession of the vehicle or vessel.
 2588         5. That a lien as provided in subsection (2) is claimed.
 2589         6. That charges have accrued and include an itemized
 2590  statement of the amount thereof.
 2591         7. That the lien is subject to enforcement under law and
 2592  that the owner or lienholder, if any, has the right to a hearing
 2593  as set forth in subsection (5).
 2594         8. That any vehicle or vessel that remains unclaimed, or
 2595  for which the charges for recovery, towing, or storage services
 2596  remain unpaid, may be sold free of all prior liens 35 days after
 2597  the vehicle or vessel is stored by the lienor if the vehicle or
 2598  vessel is more than 3 years of age or 50 days after the vehicle
 2599  or vessel is stored by the lienor if the vehicle or vessel is 3
 2600  years of age or less.
 2601         9. The address at which the vehicle or vessel is physically
 2602  located.
 2603         (d) The notice of lien may not be sent to the registered
 2604  owner, the insurance company insuring the vehicle or vessel, and
 2605  all other persons claiming a lien thereon less than 30 days
 2606  before the sale of the vehicle or vessel.
 2607         (e) If attempts to locate the name and address of the owner
 2608  or lienholder prove unsuccessful, the towing-storage operator
 2609  shall, after 7 business days, excluding Saturday and Sunday,
 2610  after the initial tow or storage, notify the public agency of
 2611  jurisdiction where the vehicle or vessel is stored in writing by
 2612  certified mail or acknowledged hand delivery that the towing
 2613  storage company has been unable to locate the name and address
 2614  of the owner or lienholder and a physical search of the vehicle
 2615  or vessel has disclosed no ownership information and a good
 2616  faith effort has been made, including records checks of the
 2617  Department of Highway Safety and Motor Vehicles database and the
 2618  National Motor Vehicle Title Information System or an equivalent
 2619  commercially available system. For purposes of this paragraph
 2620  and subsection (9), the term “good faith effort” means that the
 2621  following checks have been performed by the company to establish
 2622  the prior state of registration and for title:
 2623         1. A check of the department’s database for the owner and
 2624  any lienholder.
 2625         2. A check of the electronic National Motor Vehicle Title
 2626  Information System or an equivalent commercially available
 2627  system to determine the state of registration when there is not
 2628  a current registration record for the vehicle or vessel on file
 2629  with the department.
 2630         3. A check of the vehicle or vessel for any type of tag,
 2631  tag record, temporary tag, or regular tag.
 2632         4. A check of the law enforcement report for a tag number
 2633  or other information identifying the vehicle or vessel, if the
 2634  vehicle or vessel was towed at the request of a law enforcement
 2635  officer.
 2636         5. A check of the trip sheet or tow ticket of the tow truck
 2637  operator to determine whether a tag was on the vehicle or vessel
 2638  at the beginning of the tow, if a private tow.
 2639         6. If there is no address of the owner on the impound
 2640  report, a check of the law enforcement report to determine
 2641  whether an out-of-state address is indicated from driver license
 2642  information.
 2643         7. A check of the vehicle or vessel for an inspection
 2644  sticker or other stickers and decals that may indicate a state
 2645  of possible registration.
 2646         8. A check of the interior of the vehicle or vessel for any
 2647  papers that may be in the glove box, trunk, or other areas for a
 2648  state of registration.
 2649         9. A check of the vehicle for a vehicle identification
 2650  number.
 2651         10. A check of the vessel for a vessel registration number.
 2652         11. A check of the vessel hull for a hull identification
 2653  number which should be carved, burned, stamped, embossed, or
 2654  otherwise permanently affixed to the outboard side of the
 2655  transom or, if there is no transom, to the outmost seaboard side
 2656  at the end of the hull that bears the rudder or other steering
 2657  mechanism.
 2658         Section 59. Section 768.852, Florida Statutes, is created
 2659  to read:
 2660         768.852 Setoff on damages as a result of a motor vehicle
 2661  crash while uninsured.—
 2662         (1) Except as provided in subsection (2), for any award of
 2663  noneconomic damages, a defendant is entitled to a setoff equal
 2664  to $10,000 if a person suffers injury while operating a motor
 2665  vehicle as defined in s. 324.022(2) which lacked the coverage
 2666  required by s. 324.022(1) and the person was not in compliance
 2667  with s. 324.022(1) for more than 30 days immediately preceding
 2668  the crash.
 2669         (2) The setoff on noneconomic damages in subsection (1)
 2670  does not apply if the person who is liable for the injury:
 2671         (a) Was driving while under the influence of an alcoholic
 2672  beverage, an inhalant, or a controlled substance;
 2673         (b) Acted intentionally, recklessly, or with gross
 2674  negligence;
 2675         (c) Fled from the scene of the crash; or
 2676         (d) Was acting in furtherance of an offense or in immediate
 2677  flight from an offense that constituted a felony at the time of
 2678  the crash.
 2679         (3)This section does not apply to any wrongful death
 2680  claim.
 2681  
 2682  ================= T I T L E  A M E N D M E N T ================
 2683  And the title is amended as follows:
 2684         Delete lines 41 - 282
 2685  and insert:
 2686         insurer’s duty to defend certain claims; revising the
 2687         vehicles excluded from the definition of the term
 2688         “motor vehicle”; providing security requirements for
 2689         certain excluded vehicles; specifying circumstances
 2690         when motorcycles are subject to financial
 2691         responsibility requirements; conforming provisions to
 2692         changes made by the act; conforming cross-references;
 2693         amending s. 324.0221, F.S.; revising coverages that
 2694         subject a policy to certain insurer reporting and
 2695         notice requirements; conforming provisions to changes
 2696         made by the act; creating s. 324.0222, F.S.; providing
 2697         that driver license or registration suspensions for
 2698         failure to maintain required security which were in
 2699         effect before a specified date remain in full force
 2700         and effect; providing that such suspended licenses or
 2701         registrations may be reinstated as provided in a
 2702         specified section; amending s. 324.023, F.S.;
 2703         conforming cross-references; making technical changes;
 2704         amending s. 324.031, F.S.; specifying a method of
 2705         proving financial responsibility; revising the amount
 2706         of a certificate of deposit required to elect a
 2707         certain method of proof of financial responsibility;
 2708         revising excess liability coverage requirements for a
 2709         person electing to use such method; amending s.
 2710         324.032, F.S.; revising financial responsibility
 2711         requirements for owners or lessees of for-hire
 2712         passenger transportation vehicles; amending s.
 2713         324.051, F.S.; specifying that motor vehicles include
 2714         motorcycles for purposes of the section; making
 2715         technical changes; amending ss. 324.071 and 324.091,
 2716         F.S.; making technical changes; amending s. 324.151,
 2717         F.S.; revising requirements for motor vehicle
 2718         liability insurance policies relating to coverage, and
 2719         exclusion from coverage, for certain drivers and
 2720         vehicles; defining terms; conforming provisions to
 2721         changes made by the act; making technical changes;
 2722         amending s. 324.161, F.S.; revising requirements for a
 2723         certificate of deposit that is required if a person
 2724         elects a certain method of proving financial
 2725         responsibility; amending s. 324.171, F.S.; revising
 2726         the minimum net worth requirements to qualify certain
 2727         persons as self-insurers; conforming provisions to
 2728         changes made by the act; amending s. 324.251, F.S.;
 2729         revising the short title and an effective date;
 2730         amending s. 400.9905, F.S.; revising the definition of
 2731         the term “clinic”; amending ss. 400.991 and 400.9935,
 2732         F.S.; conforming provisions to changes made by the
 2733         act; amending s. 409.901, F.S.; revising the
 2734         definition of the term “third-party benefit”; amending
 2735         s. 409.910, F.S.; revising the definition of the term
 2736         “medical coverage”; amending s. 456.057, F.S.;
 2737         conforming a provision to changes made by the act;
 2738         amending s. 456.072, F.S.; revising specified grounds
 2739         for discipline for certain health professions;
 2740         defining the term “upcoded”; amending s. 624.155,
 2741         F.S.; providing an exception to the circumstances
 2742         under which a person who is damaged may bring a civil
 2743         action against an insurer; adding a cause of action
 2744         against insurers in certain circumstances; providing
 2745         that a person is not entitled to judgments under
 2746         multiple bad faith remedies; creating s. 624.156,
 2747         F.S.; providing that the section applies to bad faith
 2748         failure to settle third-party claim actions against
 2749         any insurer for a loss arising out of the ownership,
 2750         maintenance, or use of a motor vehicle under specified
 2751         circumstances; providing construction; providing that
 2752         insurers have a duty of good faith; providing
 2753         construction; defining the term “bad faith failure to
 2754         settle”; specifying best practices standards for
 2755         insurers upon receiving actual notice of certain
 2756         incidents or losses; providing construction;
 2757         specifying certain requirements for insurer
 2758         communications to an insured; requiring an insurer to
 2759         initiate settlement negotiations under certain
 2760         circumstances; specifying requirements for the insurer
 2761         when multiple claims arise out of a single occurrence
 2762         under certain conditions; providing construction;
 2763         requiring an insurer to attempt to settle a claim on
 2764         behalf of certain insureds under certain
 2765         circumstances; providing for a defense to bad faith
 2766         actions; providing that insureds have a duty to
 2767         cooperate; requiring an insured to take certain
 2768         reasonable actions necessary to settle covered claims;
 2769         providing requirements for disclosures by insureds;
 2770         requiring insurers to provide certain notice to
 2771         insureds within a specified timeframe; providing that
 2772         insurers may terminate certain defenses under certain
 2773         circumstances; providing construction; providing that
 2774         a trier of fact may not attribute an insurer’s failure
 2775         to settle certain claims to specified causes under
 2776         certain circumstances; providing construction;
 2777         specifying conditions precedent for claimants filing
 2778         bad faith failure to settle third-party claim actions;
 2779         providing that an insurer is entitled to a reasonable
 2780         opportunity to investigate and evaluate claims under
 2781         certain circumstances; providing construction;
 2782         providing that insurers may not be held liable for the
 2783         failure to accept a settlement offer within a certain
 2784         timeframe if certain conditions are met; providing
 2785         that an insurer is not required to automatically
 2786         tender policy limits within a certain timeframe in
 2787         every case; requiring the party bringing a bad faith
 2788         failure to settle action to prove every element by the
 2789         greater weight of the evidence; specifying burdens of
 2790         proof for insurers relying on specified defenses;
 2791         limiting damages under certain circumstances;
 2792         providing that judgment creditors must be subrogated
 2793         to the rights of the insured under certain
 2794         circumstances; prohibiting multiple bad faith
 2795         remedies; amending s. 626.9541, F.S.; conforming a
 2796         provision to changes made by the act; revising the
 2797         type of insurance coverage applicable to a certain
 2798         prohibited act; amending s. 626.989, F.S.; revising
 2799         the definition of the term “fraudulent insurance act”;
 2800         amending s. 627.06501, F.S.; revising coverages that
 2801         may provide for a reduction in motor vehicle insurance
 2802         policy premium charges under certain circumstances;
 2803         amending s. 627.0651, F.S.; specifying requirements
 2804         for rate filings for motor vehicle liability policies
 2805         submitted to the Office of Insurance Regulation
 2806         implementing requirements in effect on a specified
 2807         date; requiring such filings to be approved through a
 2808         certain process; amending s. 627.0652, F.S.; revising
 2809         coverages that must provide a premium charge reduction
 2810         under certain circumstances; amending s. 627.0653,
 2811         F.S.; revising coverages subject to premium discounts
 2812         for specified motor vehicle equipment; amending s.
 2813         627.4132, F.S.; revising coverages that are subject to
 2814         a stacking prohibition; amending s. 627.4137, F.S.;
 2815         requiring that insurers disclose certain information
 2816         at the request of a claimant’s attorney; authorizing a
 2817         claimant to file an action under certain
 2818         circumstances; providing for the award of reasonable
 2819         attorney fees and costs under certain circumstances;
 2820         amending s. 627.7263, F.S.; revising coverages that
 2821         are deemed primary, except under certain
 2822         circumstances, for the lessor of a motor vehicle for
 2823         lease or rent; revising a notice that is required if
 2824         the lessee’s coverage is to be primary; creating s.
 2825         627.7265, F.S.; specifying persons whom medical
 2826         payments coverage must protect; specifying the minimum
 2827         medical expense and death benefit limits; specifying
 2828         coverage options an insurer is required and authorized
 2829         to offer; providing that each motor vehicle insurance
 2830         policy furnished as proof of financial responsibility
 2831         is deemed to have certain coverages; requiring that
 2832         certain rejections or selections be made on forms
 2833         approved by the office; providing requirements for
 2834         such forms; providing that certain coverage is not
 2835         required to be provided in certain policies under
 2836         certain circumstances; requiring insurers to provide
 2837         certain notices to policyholders; providing
 2838         construction relating to limits on certain other
 2839         coverages; requiring insurers, upon receiving certain
 2840         notice of an accident, to hold a specified reserve for
 2841         certain purposes for a certain timeframe; providing
 2842         that the reserve requirement does not require insurers
 2843         to establish a claim reserve for accounting purposes;
 2844         specifying that an insurer providing medical payments
 2845         coverage benefits may not seek a lien on a certain
 2846         recovery and may not bring a certain cause of action;
 2847         authorizing insurers to include policy provisions
 2848         allowing for subrogation, under certain circumstances,
 2849         for medical payments benefits paid; providing
 2850         construction; specifying a requirement for an insured
 2851         for repayment of medical payments benefits under
 2852         certain circumstances; prohibiting insurers from
 2853         including policy provisions allowing for subrogation
 2854         for death benefits paid; amending s. 627.727, F.S.;
 2855         revising the legal liability of an uninsured motorist
 2856         coverage insurer; conforming provisions to changes
 2857         made by the act; amending s. 627.7275, F.S.; revising
 2858         required coverages for a motor vehicle insurance
 2859         policy; conforming provisions to changes made by the
 2860         act; creating s. 627.7278, F.S.; defining the term
 2861         “minimum security requirements”; providing
 2862         requirements, applicability, and construction relating
 2863         to motor vehicle insurance policies as of a certain
 2864         date; requiring insurers to allow certain insureds to
 2865         make certain coverage changes, subject to certain
 2866         conditions; requiring an insurer to provide, by a
 2867         specified date, a specified notice to policyholders
 2868         relating to requirements under the act; amending s.
 2869         627.728, F.S.; conforming a provision to changes made
 2870         by the act; making technical changes; amending s.
 2871         627.7295, F.S.; revising the definitions of the terms
 2872         “policy” and “binder”; revising the coverages of a
 2873         motor vehicle insurance policy for which a licensed
 2874         general lines agent may charge a specified fee;
 2875         conforming provisions to changes made by the act;
 2876         amending s. 627.7415, F.S.; revising additional
 2877         liability insurance requirements for commercial motor
 2878         vehicles; creating s. 627.747, F.S.; providing that
 2879         private passenger motor vehicle policies may exclude
 2880         certain identified individuals from specified
 2881         coverages under certain circumstances; providing that
 2882         such policies may not exclude coverage under certain
 2883         circumstances; amending s. 627.748, F.S.; revising
 2884         insurance requirements for transportation network
 2885         company drivers; conforming provisions to changes made
 2886         by the act; amending s. 627.749, F.S.; conforming a
 2887         provision to changes made by the act; amending s.
 2888         627.8405, F.S.; revising coverages in a policy sold in
 2889         combination with an accidental death and dismemberment
 2890         policy which a premium finance company may not
 2891         finance; revising rulemaking authority of the
 2892         Financial Services Commission; amending ss. 627.915,
 2893         628.909, 705.184, and 713.78, F.S.; conforming
 2894         provisions to changes made by the act; making
 2895         technical changes; creating s. 768.852, F.S.;
 2896         providing for a setoff on certain damages that may be
 2897         recovered by a person operating certain motor vehicles
 2898         who is not in compliance with financial responsibility
 2899         laws; providing exceptions; amending s. 817.234, F.S.;
 2900         revising