Florida Senate - 2021                               CS for SB 54
       
       
        
       By the Committee on Banking and Insurance; and Senators Burgess
       and Rouson
       
       
       
       
       597-01343-21                                            202154c1
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle insurance; repealing
    3         ss. 627.730, 627.731, 627.7311, 627.732, 627.733,
    4         627.734, 627.736, 627.737, 627.739, 627.7401,
    5         627.7403, and 627.7405, F.S., which comprise the
    6         Florida Motor Vehicle No-Fault Law; repealing s.
    7         627.7407, F.S., relating to application of the Florida
    8         Motor Vehicle No-Fault Law; amending s. 316.646, F.S.;
    9         revising a requirement for proof of security on a
   10         motor vehicle and the applicability of the
   11         requirement; amending s. 318.18, F.S.; conforming a
   12         provision to changes made by the act; making technical
   13         changes; amending s. 320.02, F.S.; revising the motor
   14         vehicle insurance coverages that an applicant must
   15         show to register certain vehicles with the Department
   16         of Highway Safety and Motor Vehicles; conforming a
   17         provision to changes made by the act; revising
   18         construction; amending s. 320.0609, F.S.; conforming a
   19         provision to changes made by the act; making technical
   20         changes; amending s. 320.27, F.S.; defining the term
   21         “garage liability insurance”; revising garage
   22         liability insurance requirements for motor vehicle
   23         dealer applicants; conforming a provision to changes
   24         made by the act; amending s. 320.771, F.S.; revising
   25         garage liability insurance requirements for
   26         recreational vehicle dealer license applicants;
   27         amending ss. 322.251 and 322.34, F.S.; conforming
   28         provisions to changes made by the act; making
   29         technical changes; amending s. 324.011, F.S.; revising
   30         legislative intent; amending s. 324.021, F.S.;
   31         revising definitions of the terms “motor vehicle” and
   32         “proof of financial responsibility”; revising minimum
   33         coverage requirements for proof of financial
   34         responsibility for specified motor vehicles; defining
   35         the term “for-hire passenger transportation vehicle”;
   36         conforming provisions to changes made by the act;
   37         amending s. 324.022, F.S.; revising minimum liability
   38         coverage requirements for motor vehicle owners or
   39         operators; revising authorized methods for meeting
   40         such requirements; deleting a provision relating to an
   41         insurer’s duty to defend certain claims; revising the
   42         vehicles that are excluded from the definition of the
   43         term “motor vehicle”; providing security requirements
   44         for certain excluded vehicles; conforming provisions
   45         to changes made by the act; conforming cross
   46         references; amending s. 324.0221, F.S.; revising
   47         coverages that subject a policy to certain insurer
   48         reporting and notice requirements; conforming
   49         provisions to changes made by the act; creating s.
   50         324.0222, F.S.; providing that driver license or
   51         registration suspensions for failure to maintain
   52         required security which were in effect before a
   53         specified date remain in full force and effect;
   54         providing that such suspended licenses or
   55         registrations may be reinstated as provided in a
   56         specified section; amending s. 324.023, F.S.;
   57         conforming cross-references; making technical changes;
   58         amending s. 324.031, F.S.; specifying a method of
   59         proving financial responsibility; revising the amount
   60         of a certificate of deposit required to elect a
   61         certain method of proof of financial responsibility;
   62         revising excess liability coverage requirements for a
   63         person electing to use such method; amending s.
   64         324.032, F.S.; revising financial responsibility
   65         requirements for owners or lessees of for-hire
   66         passenger transportation vehicles; amending ss.
   67         324.051, 324.071, and 324.091, F.S.; making technical
   68         changes; amending s. 324.151, F.S.; revising
   69         requirements for motor vehicle liability insurance
   70         policies relating to coverage, and exclusion from
   71         coverage, for certain drivers and vehicles; defining
   72         terms; conforming provisions to changes made by the
   73         act; making technical changes; amending s. 324.161,
   74         F.S.; revising requirements for a certificate of
   75         deposit that is required if a person elects a certain
   76         method of proving financial responsibility; amending
   77         s. 324.171, F.S.; revising the minimum net worth
   78         requirements to qualify certain persons as self
   79         insurers; conforming provisions to changes made by the
   80         act; amending s. 324.251, F.S.; revising the short
   81         title and an effective date; amending s. 400.9905,
   82         F.S.; revising the definition of the term “clinic”;
   83         amending ss. 400.991 and 400.9935, F.S.; conforming
   84         provisions to changes made by the act; amending s.
   85         409.901, F.S.; revising the definition of the term
   86         “third-party benefit”; amending s. 409.910, F.S.;
   87         revising the definition of the term “medical
   88         coverage”; amending s. 456.057, F.S.; conforming a
   89         provision to changes made by the act; amending s.
   90         456.072, F.S.; revising specified grounds for
   91         discipline for certain health professions; defining
   92         the term “upcoded”; amending s. 624.155, F.S.;
   93         providing an exception to the circumstances under
   94         which a person who is damaged may bring a civil action
   95         against an insurer; adding a cause of action against
   96         insurers in certain circumstances; providing that a
   97         person is not entitled to judgments under multiple bad
   98         faith remedies; creating s. 624.156, F.S.; providing
   99         that the section applies to bad faith failure to
  100         settle actions against any insurer brought by a third
  101         party for a loss arising out of the ownership,
  102         maintenance, or use of a motor vehicle under specified
  103         circumstances; providing that insurers have a duty of
  104         good faith; defining the term “bad faith failure to
  105         settle”; specifying best practice standards for
  106         insurers upon receiving notice of a claim or a demand
  107         for settlement; specifying certain requirements for
  108         insurer communications to an insured in handling
  109         third-party claims; specifying requirements for the
  110         insurer when a loss involves multiple claimants under
  111         certain conditions; specifying conditions precedent
  112         for claimants filing third-party bad faith failure to
  113         settle actions; specifying requirements for
  114         information that must be included in a demand for
  115         settlement; requiring a demand for settlement to
  116         release the insured from liability under certain
  117         conditions; requiring the demand for settlement be
  118         served upon the insurer at the address designated with
  119         the Department of Financial Services; prohibiting
  120         claimants from placing conditions on acceptance of a
  121         demand for settlement other than electing the right to
  122         examine the insured under oath regarding certain
  123         information; authorizing claimants to examine insureds
  124         under oath under certain conditions; authorizing the
  125         claimant to request the insured bring relevant
  126         documents to the examination under oath; prohibiting
  127         the claimant from examining the insured under oath
  128         regarding liability; requiring the claimant, insurer,
  129         and insured to cooperate in scheduling the examination
  130         under oath; specifying the timeframe within which the
  131         examination must take place; authorizing the claimant
  132         to withdraw the demand for settlement if the insured
  133         refuses to submit to an examination under oath;
  134         authorizing an insurer to accept a demand for
  135         settlement if the insured refuses to submit to an
  136         examination under oath; absolving an insurer of a duty
  137         to defend and of liability under certain
  138         circumstances; specifying the timeframe within which a
  139         claimant may withdraw a demand for settlement;
  140         providing that insurers may not be held liable in a
  141         third-party bad faith failure to settle action if they
  142         tender policy limits within a certain timeframe;
  143         specifying that insurers that accept demands for
  144         settlement are entitled to releases of their insureds;
  145         providing an exception; requiring claimants to prove
  146         in any third-party bad faith failure to settle action
  147         by a preponderance of the evidence that the insurer
  148         violated its duty of good faith and in bad faith
  149         failed to settle; specifying factors for the trier of
  150         fact to consider in determining whether an insurer
  151         violated its duty of good faith and in bad faith
  152         failed to settle; requiring the trier of fact to be
  153         informed of an excess judgment; prohibiting disclosure
  154         of certain judgment information to the trier of fact;
  155         limiting damages in third-party bad faith failure to
  156         settle actions; providing that judgment creditors must
  157         be subrogated to the rights of the insured under
  158         certain circumstances; prohibiting multiple bad faith
  159         remedies; amending s. 626.9541, F.S.; conforming a
  160         provision to changes made by the act; revising the
  161         type of insurance coverage applicable to a certain
  162         prohibited act; amending s. 626.989, F.S.; revising
  163         the definition of the term “fraudulent insurance act”;
  164         amending s. 627.06501, F.S.; revising coverages that
  165         may provide for a reduction in motor vehicle insurance
  166         policy premium charges under certain circumstances;
  167         amending s. 627.0651, F.S.; specifying requirements
  168         for initial rate filings for motor vehicle liability
  169         policies submitted to the Office of Insurance
  170         Regulation beginning on a specified date; amending s.
  171         627.0652, F.S.; revising coverages that must provide a
  172         premium charge reduction under certain circumstances;
  173         amending s. 627.0653, F.S.; revising coverages subject
  174         to premium discounts for specified motor vehicle
  175         equipment; amending s. 627.4132, F.S.; revising
  176         coverages that are subject to a stacking prohibition;
  177         amending s. 627.4137, F.S.; requiring that insurers
  178         disclose certain information at the request of a
  179         claimant’s attorney; authorizing a claimant to file an
  180         action under certain circumstances; providing for the
  181         award of reasonable attorney fees and costs under
  182         certain circumstances; amending s. 627.7263, F.S.;
  183         revising coverages that are deemed primary, except
  184         under certain circumstances, for the lessor of a motor
  185         vehicle for lease or rent; revising a notice that is
  186         required if the lessee’s coverage is to be primary;
  187         creating s. 627.7265, F.S.; specifying persons whom
  188         medical payments coverage must protect; requiring
  189         medical payments coverage to cover reasonable expenses
  190         for certain medical services provided by specified
  191         providers and facilities and to provide a death
  192         benefit; specifying the minimum medical expense and
  193         death benefit limits; specifying coverage options an
  194         insurer is required or authorized to offer; providing
  195         construction relating to limits on certain other
  196         coverages; requiring insurers, upon receiving certain
  197         notice of an accident, to hold a specified reserve for
  198         certain purposes for a certain timeframe; providing
  199         that the reserve requirement does not require insurers
  200         to establish a claim reserve for accounting purposes;
  201         specifying that an insurer providing medical payments
  202         coverage benefits may not seek a lien on a certain
  203         recovery and may not bring a certain cause of action;
  204         authorizing insurers to include policy provisions
  205         allowing for subrogation, under certain circumstances,
  206         for medical payments benefits paid; providing
  207         construction; specifying a requirement for an insured
  208         for repayment of medical payments benefits under
  209         certain circumstances; prohibiting insurers from
  210         including policy provisions allowing for subrogation
  211         for death benefits paid; amending s. 627.727, F.S.;
  212         revising the legal liability of an uninsured motorist
  213         coverage insurer; conforming provisions to changes
  214         made by the act; amending s. 627.7275, F.S.; revising
  215         required coverages for a motor vehicle insurance
  216         policy; conforming provisions to changes made by the
  217         act; creating s. 627.7278, F.S.; defining the term
  218         “minimum security requirements”; providing
  219         requirements, applicability, and construction relating
  220         to motor vehicle insurance policies as of a certain
  221         date; requiring insurers to allow certain insureds to
  222         make certain coverage changes, subject to certain
  223         conditions; requiring an insurer to provide, by a
  224         specified date, a specified notice to policyholders
  225         relating to requirements under the act; amending s.
  226         627.728, F.S.; conforming a provision to changes made
  227         by the act; making technical changes; amending s.
  228         627.7295, F.S.; revising the definitions of the terms
  229         “policy” and “binder”; revising the coverages of a
  230         motor vehicle insurance policy for which a licensed
  231         general lines agent may charge a specified fee;
  232         conforming provisions to changes made by the act;
  233         amending s. 627.7415, F.S.; revising additional
  234         liability insurance requirements for commercial motor
  235         vehicles; creating s. 627.747, F.S.; providing that
  236         private passenger motor vehicle policies may exclude
  237         certain identified individuals from specified
  238         coverages under certain circumstances; providing that
  239         such policies may not exclude coverage under certain
  240         circumstances; amending s. 627.748, F.S.; revising
  241         insurance requirements for transportation network
  242         company drivers; conforming provisions to changes made
  243         by the act; amending s. 627.749, F.S.; conforming a
  244         provision to changes made by the act; amending s.
  245         627.8405, F.S.; revising coverages in a policy sold in
  246         combination with an accidental death and dismemberment
  247         policy which a premium finance company may not
  248         finance; revising rulemaking authority of the
  249         Financial Services Commission; amending ss. 627.915,
  250         628.909, 705.184, and 713.78, F.S.; conforming
  251         provisions to changes made by the act; making
  252         technical changes; amending s. 817.234, F.S.; revising
  253         coverages that are the basis of specified prohibited
  254         false and fraudulent insurance claims; conforming
  255         provisions to changes made by the act; providing an
  256         appropriation; providing effective dates.
  257          
  258  Be It Enacted by the Legislature of the State of Florida:
  259  
  260         Section 1. Sections 627.730, 627.731, 627.7311, 627.732,
  261  627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,
  262  and 627.7405, Florida Statutes, are repealed.
  263         Section 2. Section 627.7407, Florida Statutes, is repealed.
  264         Section 3. Subsection (1) of section 316.646, Florida
  265  Statutes, is amended to read:
  266         316.646 Security required; proof of security and display
  267  thereof.—
  268         (1) Any person required by s. 324.022 to maintain liability
  269  security for property damage, liability security, required by s.
  270  324.023 to maintain liability security for bodily injury, or
  271  death, or required by s. 627.733 to maintain personal injury
  272  protection security on a motor vehicle shall have in his or her
  273  immediate possession at all times while operating such motor
  274  vehicle proper proof of maintenance of the required security
  275  required under s. 324.021(7).
  276         (a) Such proof must shall be in a uniform paper or
  277  electronic format, as prescribed by the department, a valid
  278  insurance policy, an insurance policy binder, a certificate of
  279  insurance, or such other proof as may be prescribed by the
  280  department.
  281         (b)1. The act of presenting to a law enforcement officer an
  282  electronic device displaying proof of insurance in an electronic
  283  format does not constitute consent for the officer to access any
  284  information on the device other than the displayed proof of
  285  insurance.
  286         2. The person who presents the device to the officer
  287  assumes the liability for any resulting damage to the device.
  288         Section 4. Paragraph (b) of subsection (2) of section
  289  318.18, Florida Statutes, is amended to read:
  290         318.18 Amount of penalties.—The penalties required for a
  291  noncriminal disposition pursuant to s. 318.14 or a criminal
  292  offense listed in s. 318.17 are as follows:
  293         (2) Thirty dollars for all nonmoving traffic violations
  294  and:
  295         (b) For all violations of ss. 320.0605, 320.07(1), 322.065,
  296  and 322.15(1). A Any person who is cited for a violation of s.
  297  320.07(1) shall be charged a delinquent fee pursuant to s.
  298  320.07(4).
  299         1. If a person who is cited for a violation of s. 320.0605
  300  or s. 320.07 can show proof of having a valid registration at
  301  the time of arrest, the clerk of the court may dismiss the case
  302  and may assess a dismissal fee of up to $10, from which the
  303  clerk shall remit $2.50 to the Department of Revenue for deposit
  304  into the General Revenue Fund. A person who finds it impossible
  305  or impractical to obtain a valid registration certificate must
  306  submit an affidavit detailing the reasons for the impossibility
  307  or impracticality. The reasons may include, but are not limited
  308  to, the fact that the vehicle was sold, stolen, or destroyed;
  309  that the state in which the vehicle is registered does not issue
  310  a certificate of registration; or that the vehicle is owned by
  311  another person.
  312         2. If a person who is cited for a violation of s. 322.03,
  313  s. 322.065, or s. 322.15 can show a driver license issued to him
  314  or her and valid at the time of arrest, the clerk of the court
  315  may dismiss the case and may assess a dismissal fee of up to
  316  $10, from which the clerk shall remit $2.50 to the Department of
  317  Revenue for deposit into the General Revenue Fund.
  318         3. If a person who is cited for a violation of s. 316.646
  319  can show proof of security as required by s. 324.021(7) s.
  320  627.733, issued to the person and valid at the time of arrest,
  321  the clerk of the court may dismiss the case and may assess a
  322  dismissal fee of up to $10, from which the clerk shall remit
  323  $2.50 to the Department of Revenue for deposit into the General
  324  Revenue Fund. A person who finds it impossible or impractical to
  325  obtain proof of security must submit an affidavit detailing the
  326  reasons for the impracticality. The reasons may include, but are
  327  not limited to, the fact that the vehicle has since been sold,
  328  stolen, or destroyed; that the owner or registrant of the
  329  vehicle is not required by s. 627.733 to maintain personal
  330  injury protection insurance; or that the vehicle is owned by
  331  another person.
  332         Section 5. Paragraphs (a) and (d) of subsection (5) of
  333  section 320.02, Florida Statutes, are amended to read:
  334         320.02 Registration required; application for registration;
  335  forms.—
  336         (5)(a) Proof that bodily injury liability coverage and
  337  property damage liability coverage personal injury protection
  338  benefits have been purchased if required under s. 324.022, s.
  339  324.032, or s. 627.742 s. 627.733, that property damage
  340  liability coverage has been purchased as required under s.
  341  324.022, that bodily injury liability or death coverage has been
  342  purchased if required under s. 324.023, and that combined bodily
  343  liability insurance and property damage liability insurance have
  344  been purchased if required under s. 627.7415 must shall be
  345  provided in the manner prescribed by law by the applicant at the
  346  time of application for registration of any motor vehicle that
  347  is subject to such requirements. The issuing agent may not shall
  348  refuse to issue registration if such proof of purchase is not
  349  provided. Insurers shall furnish uniform proof-of-purchase cards
  350  in a paper or electronic format in a form prescribed by the
  351  department and include the name of the insured’s insurance
  352  company, the coverage identification number, and the make, year,
  353  and vehicle identification number of the vehicle insured. The
  354  card must contain a statement notifying the applicant of the
  355  penalty specified under s. 316.646(4). The card or insurance
  356  policy, insurance policy binder, or certificate of insurance or
  357  a photocopy of any of these; an affidavit containing the name of
  358  the insured’s insurance company, the insured’s policy number,
  359  and the make and year of the vehicle insured; or such other
  360  proof as may be prescribed by the department constitutes shall
  361  constitute sufficient proof of purchase. If an affidavit is
  362  provided as proof, it must be in substantially the following
  363  form:
  364  
  365  Under penalty of perjury, I ...(Name of insured)... do hereby
  366  certify that I have ...(bodily injury liability and Personal
  367  Injury Protection, property damage liability, and, if required,
  368  Bodily Injury Liability)... insurance currently in effect with
  369  ...(Name of insurance company)... under ...(policy number)...
  370  covering ...(make, year, and vehicle identification number of
  371  vehicle).... ...(Signature of Insured)...
  372  
  373  Such affidavit must include the following warning:
  374  
  375  WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
  376  REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
  377  LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
  378  SUBJECT TO PROSECUTION.
  379  
  380  If an application is made through a licensed motor vehicle
  381  dealer as required under s. 319.23, the original or a photocopy
  382  photostatic copy of such card, insurance policy, insurance
  383  policy binder, or certificate of insurance or the original
  384  affidavit from the insured must shall be forwarded by the dealer
  385  to the tax collector of the county or the Department of Highway
  386  Safety and Motor Vehicles for processing. By executing the
  387  aforesaid affidavit, a no licensed motor vehicle dealer is not
  388  will be liable in damages for any inadequacy, insufficiency, or
  389  falsification of any statement contained therein. A card must
  390  also indicate the existence of any bodily injury liability
  391  insurance voluntarily purchased.
  392         (d) The verifying of proof of personal injury protection
  393  insurance, proof of property damage liability insurance, proof
  394  of combined bodily liability insurance and property damage
  395  liability insurance, or proof of financial responsibility
  396  insurance and the issuance or failure to issue the motor vehicle
  397  registration under the provisions of this chapter may not be
  398  construed in any court as a warranty of the reliability or
  399  accuracy of the evidence of such proof, or as meaning that the
  400  provisions of any insurance policy furnished as proof of
  401  financial responsibility comply with state law. Neither the
  402  department nor any tax collector is liable in damages for any
  403  inadequacy, insufficiency, falsification, or unauthorized
  404  modification of any item of the proof of personal injury
  405  protection insurance, proof of property damage liability
  406  insurance, proof of combined bodily liability insurance and
  407  property damage liability insurance, or proof of financial
  408  responsibility before insurance prior to, during, or subsequent
  409  to the verification of the proof. The issuance of a motor
  410  vehicle registration does not constitute prima facie evidence or
  411  a presumption of insurance coverage.
  412         Section 6. Paragraph (b) of subsection (1) of section
  413  320.0609, Florida Statutes, is amended to read:
  414         320.0609 Transfer and exchange of registration license
  415  plates; transfer fee.—
  416         (1)
  417         (b) The transfer of a license plate from a vehicle disposed
  418  of to a newly acquired vehicle does not constitute a new
  419  registration. The application for transfer must shall be
  420  accepted without requiring proof of personal injury protection
  421  or liability insurance.
  422         Section 7. Subsection (3) of section 320.27, Florida
  423  Statutes, is amended, and paragraph (g) is added to subsection
  424  (1) of that section, to read:
  425         320.27 Motor vehicle dealers.—
  426         (1) DEFINITIONS.—The following words, terms, and phrases
  427  when used in this section have the meanings respectively
  428  ascribed to them in this subsection, except where the context
  429  clearly indicates a different meaning:
  430         (g)“Garage liability insurance” means, beginning January
  431  1, 2022, combined single-limit liability coverage, including
  432  property damage and bodily injury liability coverage, in the
  433  amount of at least $60,000.
  434         (3) APPLICATION AND FEE.—The application for the license
  435  application must shall be in such form as may be prescribed by
  436  the department and is shall be subject to such rules with
  437  respect thereto as may be so prescribed by the department it.
  438  Such application must shall be verified by oath or affirmation
  439  and must shall contain a full statement of the name and birth
  440  date of the person or persons applying for the license therefor;
  441  the name of the firm or copartnership, with the names and places
  442  of residence of all members thereof, if such applicant is a firm
  443  or copartnership; the names and places of residence of the
  444  principal officers, if the applicant is a body corporate or
  445  other artificial body; the name of the state under whose laws
  446  the corporation is organized; the present and former place or
  447  places of residence of the applicant; and the prior business in
  448  which the applicant has been engaged and its the location
  449  thereof. The Such application must shall describe the exact
  450  location of the place of business and must shall state whether
  451  the place of business is owned by the applicant and when
  452  acquired, or, if leased, a true copy of the lease must shall be
  453  attached to the application. The applicant shall certify that
  454  the location provides an adequately equipped office and is not a
  455  residence; that the location affords sufficient unoccupied space
  456  upon and within which adequately to store all motor vehicles
  457  offered and displayed for sale; and that the location is a
  458  suitable place where the applicant can in good faith carry on
  459  such business and keep and maintain books, records, and files
  460  necessary to conduct such business, which must shall be
  461  available at all reasonable hours to inspection by the
  462  department or any of its inspectors or other employees. The
  463  applicant shall certify that the business of a motor vehicle
  464  dealer is the principal business that will which shall be
  465  conducted at that location. The application must shall contain a
  466  statement that the applicant is either franchised by a
  467  manufacturer of motor vehicles, in which case the name of each
  468  motor vehicle that the applicant is franchised to sell must
  469  shall be included, or an independent (nonfranchised) motor
  470  vehicle dealer. The application must shall contain other
  471  relevant information as may be required by the department. The
  472  applicant shall furnish, including evidence, in a form approved
  473  by the department, that the applicant is insured under a garage
  474  liability insurance policy or a general liability insurance
  475  policy coupled with a business automobile policy having the
  476  coverages and limits of the garage liability insurance coverage
  477  in accordance with paragraph (1)(g), which shall include, at a
  478  minimum, $25,000 combined single-limit liability coverage
  479  including bodily injury and property damage protection and
  480  $10,000 personal injury protection. However, a salvage motor
  481  vehicle dealer as defined in subparagraph (1)(c)5. is exempt
  482  from the requirements for garage liability insurance and
  483  personal injury protection insurance on those vehicles that
  484  cannot be legally operated on roads, highways, or streets in
  485  this state. Franchise dealers must submit a garage liability
  486  insurance policy, and all other dealers must submit a garage
  487  liability insurance policy or a general liability insurance
  488  policy coupled with a business automobile policy. Such policy
  489  must shall be for the license period, and evidence of a new or
  490  continued policy must shall be delivered to the department at
  491  the beginning of each license period. Upon making an initial
  492  application, the applicant shall pay to the department a fee of
  493  $300 in addition to any other fees required by law. Applicants
  494  may choose to extend the licensure period for 1 additional year
  495  for a total of 2 years. An initial applicant shall pay to the
  496  department a fee of $300 for the first year and $75 for the
  497  second year, in addition to any other fees required by law. An
  498  applicant for renewal shall pay to the department $75 for a 1
  499  year renewal or $150 for a 2-year renewal, in addition to any
  500  other fees required by law. Upon making an application for a
  501  change of location, the applicant person shall pay a fee of $50
  502  in addition to any other fees now required by law. The
  503  department shall, in the case of every application for initial
  504  licensure, verify whether certain facts set forth in the
  505  application are true. Each applicant, general partner in the
  506  case of a partnership, or corporate officer and director in the
  507  case of a corporate applicant shall, must file a set of
  508  fingerprints with the department for the purpose of determining
  509  any prior criminal record or any outstanding warrants. The
  510  department shall submit the fingerprints to the Department of
  511  Law Enforcement for state processing and forwarding to the
  512  Federal Bureau of Investigation for federal processing. The
  513  actual cost of state and federal processing must shall be borne
  514  by the applicant and is in addition to the fee for licensure.
  515  The department may issue a license to an applicant pending the
  516  results of the fingerprint investigation, which license is fully
  517  revocable if the department subsequently determines that any
  518  facts set forth in the application are not true or correctly
  519  represented.
  520         Section 8. Paragraph (j) of subsection (3) of section
  521  320.771, Florida Statutes, is amended to read:
  522         320.771 License required of recreational vehicle dealers.—
  523         (3) APPLICATION.—The application for such license shall be
  524  in the form prescribed by the department and subject to such
  525  rules as may be prescribed by it. The application shall be
  526  verified by oath or affirmation and shall contain:
  527         (j) A statement that the applicant is insured under a
  528  garage liability insurance policy in accordance with s.
  529  320.27(1)(g), which shall include, at a minimum, $25,000
  530  combined single-limit liability coverage, including bodily
  531  injury and property damage protection, and $10,000 personal
  532  injury protection, if the applicant is to be licensed as a
  533  dealer in, or intends to sell, recreational vehicles. However, a
  534  garage liability policy is not required for the licensure of a
  535  mobile home dealer who sells only park trailers.
  536  
  537  The department shall, if it deems necessary, cause an
  538  investigation to be made to ascertain if the facts set forth in
  539  the application are true and may shall not issue a license to
  540  the applicant until it is satisfied that the facts set forth in
  541  the application are true.
  542         Section 9. Subsections (1) and (2) of section 322.251,
  543  Florida Statutes, are amended to read:
  544         322.251 Notice of cancellation, suspension, revocation, or
  545  disqualification of license.—
  546         (1) All orders of cancellation, suspension, revocation, or
  547  disqualification issued under the provisions of this chapter,
  548  chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall
  549  be given either by personal delivery thereof to the licensee
  550  whose license is being canceled, suspended, revoked, or
  551  disqualified or by deposit in the United States mail in an
  552  envelope, first class, postage prepaid, addressed to the
  553  licensee at his or her last known mailing address furnished to
  554  the department. Such mailing by the department constitutes
  555  notification, and any failure by the person to receive the
  556  mailed order will not affect or stay the effective date or term
  557  of the cancellation, suspension, revocation, or disqualification
  558  of the licensee’s driving privilege.
  559         (2) The giving of notice and an order of cancellation,
  560  suspension, revocation, or disqualification by mail is complete
  561  upon expiration of 20 days after deposit in the United States
  562  mail for all notices except those issued under chapter 324 or
  563  ss. 627.732–627.734, which are complete 15 days after deposit in
  564  the United States mail. Proof of the giving of notice and an
  565  order of cancellation, suspension, revocation, or
  566  disqualification in either manner must shall be made by entry in
  567  the records of the department that such notice was given. The
  568  entry is admissible in the courts of this state and constitutes
  569  sufficient proof that such notice was given.
  570         Section 10. Paragraph (a) of subsection (8) of section
  571  322.34, Florida Statutes, is amended to read:
  572         322.34 Driving while license suspended, revoked, canceled,
  573  or disqualified.—
  574         (8)(a) Upon the arrest of a person for the offense of
  575  driving while the person’s driver license or driving privilege
  576  is suspended or revoked, the arresting officer shall determine:
  577         1. Whether the person’s driver license is suspended or
  578  revoked, or the person is under suspension or revocation
  579  equivalent status.
  580         2. Whether the person’s driver license has remained
  581  suspended or revoked, or the person has been under suspension or
  582  revocation equivalent status, since a conviction for the offense
  583  of driving with a suspended or revoked license.
  584         3. Whether the suspension, revocation, or suspension or
  585  revocation equivalent status was made under s. 316.646 or s.
  586  627.733, relating to failure to maintain required security, or
  587  under s. 322.264, relating to habitual traffic offenders.
  588         4. Whether the driver is the registered owner or co-owner
  589  of the vehicle.
  590         Section 11. Section 324.011, Florida Statutes, is amended
  591  to read:
  592         324.011 Legislative intent; purpose of chapter.—It is the
  593  intent of the Legislature that this chapter ensure that the
  594  privilege of owning or operating a motor vehicle in this state
  595  be exercised to recognize the existing privilege to own or
  596  operate a motor vehicle on the public streets and highways of
  597  this state when such vehicles are used with due consideration
  598  for others’ safety others and their property, promoting and to
  599  promote safety, and providing provide financial security
  600  requirements for such owners and or operators whose
  601  responsibility it is to recompense others for injury to person
  602  or property caused by the operation of a motor vehicle.
  603  Therefore, the purpose of this chapter is to require that every
  604  owner or operator of a motor vehicle required to be registered
  605  in this state establish, maintain, and it is required herein
  606  that the operator of a motor vehicle involved in a crash or
  607  convicted of certain traffic offenses meeting the operative
  608  provisions of s. 324.051(2) shall respond for such damages and
  609  show proof of financial ability to respond for damages arising
  610  out of the ownership, maintenance, or use of a motor vehicle in
  611  future accidents as a requisite to owning or operating a motor
  612  vehicle in this state his or her future exercise of such
  613  privileges.
  614         Section 12. Subsections (1) and (7) and paragraph (c) of
  615  subsection (9) of section 324.021, Florida Statutes, are
  616  amended, and subsection (12) is added to that section, to read:
  617         324.021 Definitions; minimum insurance required.—The
  618  following words and phrases when used in this chapter shall, for
  619  the purpose of this chapter, have the meanings respectively
  620  ascribed to them in this section, except in those instances
  621  where the context clearly indicates a different meaning:
  622         (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
  623  designed and required to be licensed for use upon a highway,
  624  including trailers and semitrailers designed for use with such
  625  vehicles, except traction engines, road rollers, farm tractors,
  626  power shovels, and well drillers, and every vehicle that is
  627  propelled by electric power obtained from overhead wires but not
  628  operated upon rails, but not including any personal delivery
  629  device or mobile carrier as defined in s. 316.003, bicycle,
  630  electric bicycle, or moped. However, the term “motor vehicle”
  631  does not include a motor vehicle as defined in s. 627.732(3)
  632  when the owner of such vehicle has complied with the
  633  requirements of ss. 627.730-627.7405, inclusive, unless the
  634  provisions of s. 324.051 apply; and, in such case, the
  635  applicable proof of insurance provisions of s. 320.02 apply.
  636         (7) PROOF OF FINANCIAL RESPONSIBILITY.—Beginning January 1,
  637  2022, That proof of ability to respond in damages for liability
  638  on account of crashes arising out of the ownership, maintenance,
  639  or use of a motor vehicle:
  640         (a) With respect to a motor vehicle other than a commercial
  641  motor vehicle, nonpublic sector bus, or for-hire passenger
  642  transportation vehicle, in the amount of:
  643         1.Twenty-five thousand dollars for $10,000 because of
  644  bodily injury to, or the death of, one person in any one crash
  645  and,;
  646         (b) subject to such limits for one person, in the amount of
  647  $50,000 for $20,000 because of bodily injury to, or the death
  648  of, two or more persons in any one crash; and
  649         2.(c)Ten thousand dollars for damage In the amount of
  650  $10,000 because of injury to, or destruction of, property of
  651  others in any one crash.; and
  652         (b)(d) With respect to commercial motor vehicles and
  653  nonpublic sector buses, in the amounts specified in s. 627.7415
  654  ss. 627.7415 and 627.742, respectively.
  655         (c) With respect to nonpublic sector buses, in the amounts
  656  specified in s. 627.742.
  657         (d) With respect to for-hire passenger transportation
  658  vehicles, in the amounts specified in s. 324.032.
  659         (9) OWNER; OWNER/LESSOR.—
  660         (c) Application.—
  661         1. The limits on liability in subparagraphs (b)2. and 3. do
  662  not apply to an owner of motor vehicles that are used for
  663  commercial activity in the owner’s ordinary course of business,
  664  other than a rental company that rents or leases motor vehicles.
  665  For purposes of this paragraph, the term “rental company”
  666  includes only an entity that is engaged in the business of
  667  renting or leasing motor vehicles to the general public and that
  668  rents or leases a majority of its motor vehicles to persons with
  669  no direct or indirect affiliation with the rental company. The
  670  term “rental company” also includes:
  671         a. A related rental or leasing company that is a subsidiary
  672  of the same parent company as that of the renting or leasing
  673  company that rented or leased the vehicle.
  674         b. The holder of a motor vehicle title or an equity
  675  interest in a motor vehicle title if the title or equity
  676  interest is held pursuant to or to facilitate an asset-backed
  677  securitization of a fleet of motor vehicles used solely in the
  678  business of renting or leasing motor vehicles to the general
  679  public and under the dominion and control of a rental company,
  680  as described in this subparagraph, in the operation of such
  681  rental company’s business.
  682         2. Furthermore, with respect to commercial motor vehicles
  683  as defined in s. 207.002 or s. 320.01 s. 627.732, the limits on
  684  liability in subparagraphs (b)2. and 3. do not apply if, at the
  685  time of the incident, the commercial motor vehicle is being used
  686  in the transportation of materials found to be hazardous for the
  687  purposes of the Hazardous Materials Transportation Authorization
  688  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is
  689  required pursuant to such act to carry placards warning others
  690  of the hazardous cargo, unless at the time of lease or rental
  691  either:
  692         a. The lessee indicates in writing that the vehicle will
  693  not be used to transport materials found to be hazardous for the
  694  purposes of the Hazardous Materials Transportation Authorization
  695  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
  696         b. The lessee or other operator of the commercial motor
  697  vehicle has in effect insurance with limits of at least $5
  698  million $5,000,000 combined property damage and bodily injury
  699  liability.
  700         3.a. A motor vehicle dealer, or a motor vehicle dealer’s
  701  leasing or rental affiliate, that provides a temporary
  702  replacement vehicle at no charge or at a reasonable daily charge
  703  to a service customer whose vehicle is being held for repair,
  704  service, or adjustment by the motor vehicle dealer is immune
  705  from any cause of action and is not liable, vicariously or
  706  directly, under general law solely by reason of being the owner
  707  of the temporary replacement vehicle for harm to persons or
  708  property that arises out of the use, or operation, of the
  709  temporary replacement vehicle by any person during the period
  710  the temporary replacement vehicle has been entrusted to the
  711  motor vehicle dealer’s service customer if there is no
  712  negligence or criminal wrongdoing on the part of the motor
  713  vehicle owner, or its leasing or rental affiliate.
  714         b. For purposes of this section, and notwithstanding any
  715  other provision of general law, a motor vehicle dealer, or a
  716  motor vehicle dealer’s leasing or rental affiliate, that gives
  717  possession, control, or use of a temporary replacement vehicle
  718  to a motor vehicle dealer’s service customer may not be adjudged
  719  liable in a civil proceeding absent negligence or criminal
  720  wrongdoing on the part of the motor vehicle dealer, or the motor
  721  vehicle dealer’s leasing or rental affiliate, if the motor
  722  vehicle dealer or the motor vehicle dealer’s leasing or rental
  723  affiliate executes a written rental or use agreement and obtains
  724  from the person receiving the temporary replacement vehicle a
  725  copy of the person’s driver license and insurance information
  726  reflecting at least the minimum motor vehicle insurance coverage
  727  required in the state. Any subsequent determination that the
  728  driver license or insurance information provided to the motor
  729  vehicle dealer, or the motor vehicle dealer’s leasing or rental
  730  affiliate, was in any way false, fraudulent, misleading,
  731  nonexistent, canceled, not in effect, or invalid does not alter
  732  or diminish the protections provided by this section, unless the
  733  motor vehicle dealer, or the motor vehicle dealer’s leasing or
  734  rental affiliate, had actual knowledge thereof at the time
  735  possession of the temporary replacement vehicle was provided.
  736         c. For purposes of this subparagraph, the term “service
  737  customer” does not include an agent or a principal of a motor
  738  vehicle dealer or a motor vehicle dealer’s leasing or rental
  739  affiliate, and does not include an employee of a motor vehicle
  740  dealer or a motor vehicle dealer’s leasing or rental affiliate
  741  unless the employee was provided a temporary replacement
  742  vehicle:
  743         (I) While the employee’s personal vehicle was being held
  744  for repair, service, or adjustment by the motor vehicle dealer;
  745         (II) In the same manner as other customers who are provided
  746  a temporary replacement vehicle while the customer’s vehicle is
  747  being held for repair, service, or adjustment; and
  748         (III) The employee was not acting within the course and
  749  scope of their employment.
  750         (12) FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.—Every for
  751  hire vehicle as defined in s. 320.01(15) which is offered or
  752  used to provide transportation for persons, including taxicabs,
  753  limousines, and jitneys.
  754         Section 13. Section 324.022, Florida Statutes, is amended
  755  to read:
  756         324.022 Financial responsibility requirements for property
  757  damage.—
  758         (1)(a)Beginning January 1, 2022, every owner or operator
  759  of a motor vehicle required to be registered in this state shall
  760  establish and continuously maintain the ability to respond in
  761  damages for liability on account of accidents arising out of the
  762  use of the motor vehicle in the amount of:
  763         1.Twenty-five thousand dollars for bodily injury to, or
  764  the death of, one person in any one crash and, subject to such
  765  limits for one person, in the amount of $50,000 for bodily
  766  injury to, or the death of, two or more persons in any one
  767  crash; and
  768         2. Ten thousand dollars for $10,000 because of damage to,
  769  or destruction of, property of others in any one crash.
  770         (b) The requirements of paragraph (a) this section may be
  771  met by one of the methods established in s. 324.031; by self
  772  insuring as authorized by s. 768.28(16); or by maintaining a
  773  motor vehicle liability insurance policy that an insurance
  774  policy providing coverage for property damage liability in the
  775  amount of at least $10,000 because of damage to, or destruction
  776  of, property of others in any one accident arising out of the
  777  use of the motor vehicle. The requirements of this section may
  778  also be met by having a policy which provides combined property
  779  damage liability and bodily injury liability coverage for any
  780  one crash arising out of the ownership, maintenance, or use of a
  781  motor vehicle and that conforms to the requirements of s.
  782  324.151 in the amount of at least $60,000 for every owner or
  783  operator subject to the financial responsibility required in
  784  paragraph (a) $30,000 for combined property damage liability and
  785  bodily injury liability for any one crash arising out of the use
  786  of the motor vehicle. The policy, with respect to coverage for
  787  property damage liability, must meet the applicable requirements
  788  of s. 324.151, subject to the usual policy exclusions that have
  789  been approved in policy forms by the Office of Insurance
  790  Regulation. No insurer shall have any duty to defend uncovered
  791  claims irrespective of their joinder with covered claims.
  792         (2) As used in this section, the term:
  793         (a) “Motor vehicle” means any self-propelled vehicle that
  794  has four or more wheels and that is of a type designed and
  795  required to be licensed for use on the highways of this state,
  796  and any trailer or semitrailer designed for use with such
  797  vehicle. The term does not include the following:
  798         1. A mobile home as defined in s. 320.01.
  799         2. A motor vehicle that is used in mass transit and
  800  designed to transport more than five passengers, exclusive of
  801  the operator of the motor vehicle, and that is owned by a
  802  municipality, transit authority, or political subdivision of the
  803  state.
  804         3. A school bus as defined in s. 1006.25, which must
  805  maintain security as required under s. 316.615.
  806         4. A commercial motor vehicle as defined in s. 207.002 or
  807  s. 320.01, which must maintain security as required under ss.
  808  324.031 and 627.7415.
  809         5. A nonpublic sector bus, which must maintain security as
  810  required under ss. 324.031 and 627.742.
  811         6.4. A vehicle providing for-hire passenger transportation
  812  vehicle, which must that is subject to the provisions of s.
  813  324.031. A taxicab shall maintain security as required under s.
  814  324.032 s. 324.032(1).
  815         7.5. A personal delivery device as defined in s. 316.003.
  816         (b) “Owner” means the person who holds legal title to a
  817  motor vehicle or the debtor or lessee who has the right to
  818  possession of a motor vehicle that is the subject of a security
  819  agreement or lease with an option to purchase.
  820         (3) Each nonresident owner or registrant of a motor vehicle
  821  that, whether operated or not, has been physically present
  822  within this state for more than 90 days during the preceding 365
  823  days shall maintain security as required by subsection (1). The
  824  security must be that is in effect continuously throughout the
  825  period the motor vehicle remains within this state.
  826         (4) An The owner or registrant of a motor vehicle who is
  827  exempt from the requirements of this section if she or he is a
  828  member of the United States Armed Forces and is called to or on
  829  active duty outside the United States in an emergency situation
  830  is exempt from this section while he or she. The exemption
  831  provided by this subsection applies only as long as the member
  832  of the Armed Forces is on such active duty. This exemption
  833  outside the United States and applies only while the vehicle
  834  covered by the security is not operated by any person. Upon
  835  receipt of a written request by the insured to whom the
  836  exemption provided in this subsection applies, the insurer shall
  837  cancel the coverages and return any unearned premium or suspend
  838  the security required by this section. Notwithstanding s.
  839  324.0221(2) s. 324.0221(3), the department may not suspend the
  840  registration or operator’s license of an any owner or registrant
  841  of a motor vehicle during the time she or he qualifies for the
  842  an exemption under this subsection. An Any owner or registrant
  843  of a motor vehicle who qualifies for the an exemption under this
  844  subsection shall immediately notify the department before prior
  845  to and at the end of the expiration of the exemption.
  846         Section 14. Subsections (1) and (2) of section 324.0221,
  847  Florida Statutes, are amended to read:
  848         324.0221 Reports by insurers to the department; suspension
  849  of driver license and vehicle registrations; reinstatement.—
  850         (1)(a) Each insurer that has issued a policy providing
  851  personal injury protection coverage or property damage liability
  852  coverage shall report the cancellation or nonrenewal thereof to
  853  the department within 10 days after the processing date or
  854  effective date of each cancellation or nonrenewal. Upon the
  855  issuance of a policy providing personal injury protection
  856  coverage or property damage liability coverage to a named
  857  insured not previously insured by the insurer during that
  858  calendar year, the insurer shall report the issuance of the new
  859  policy to the department within 10 days. The report must shall
  860  be in the form and format and contain any information required
  861  by the department and must be provided in a format that is
  862  compatible with the data processing capabilities of the
  863  department. Failure by an insurer to file proper reports with
  864  the department as required by this subsection constitutes a
  865  violation of the Florida Insurance Code. These records may shall
  866  be used by the department only for enforcement and regulatory
  867  purposes, including the generation by the department of data
  868  regarding compliance by owners of motor vehicles with the
  869  requirements for financial responsibility coverage.
  870         (b) With respect to an insurance policy providing personal
  871  injury protection coverage or property damage liability
  872  coverage, each insurer shall notify the named insured, or the
  873  first-named insured in the case of a commercial fleet policy, in
  874  writing that any cancellation or nonrenewal of the policy will
  875  be reported by the insurer to the department. The notice must
  876  also inform the named insured that failure to maintain bodily
  877  injury liability personal injury protection coverage and
  878  property damage liability coverage on a motor vehicle when
  879  required by law may result in the loss of registration and
  880  driving privileges in this state and inform the named insured of
  881  the amount of the reinstatement fees required by this section.
  882  This notice is for informational purposes only, and an insurer
  883  is not civilly liable for failing to provide this notice.
  884         (2) The department shall suspend, after due notice and an
  885  opportunity to be heard, the registration and driver license of
  886  any owner or registrant of a motor vehicle for with respect to
  887  which security is required under s. 324.022, s. 324.032, s.
  888  627.7415, or s. 627.742 ss. 324.022 and 627.733 upon:
  889         (a) The department’s records showing that the owner or
  890  registrant of such motor vehicle did not have the in full force
  891  and effect when required security in full force and effect that
  892  complies with the requirements of ss. 324.022 and 627.733; or
  893         (b) Notification by the insurer to the department, in a
  894  form approved by the department, of cancellation or termination
  895  of the required security.
  896         Section 15. Section 324.0222, Florida Statutes, is created
  897  to read:
  898         324.0222Application of suspensions for failure to maintain
  899  security; reinstatement.—All suspensions for failure to maintain
  900  required security as required by law in effect before January 1,
  901  2022, remain in full force and effect after January 1, 2022. A
  902  driver may reinstate a suspended driver license or registration
  903  as provided under s. 324.0221.
  904         Section 16. Section 324.023, Florida Statutes, is amended
  905  to read:
  906         324.023 Financial responsibility for bodily injury or
  907  death.—In addition to any other financial responsibility
  908  required by law, every owner or operator of a motor vehicle that
  909  is required to be registered in this state, or that is located
  910  within this state, and who, regardless of adjudication of guilt,
  911  has been found guilty of or entered a plea of guilty or nolo
  912  contendere to a charge of driving under the influence under s.
  913  316.193 after October 1, 2007, shall, by one of the methods
  914  established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2),
  915  establish and maintain the ability to respond in damages for
  916  liability on account of accidents arising out of the use of a
  917  motor vehicle in the amount of $100,000 because of bodily injury
  918  to, or death of, one person in any one crash and, subject to
  919  such limits for one person, in the amount of $300,000 because of
  920  bodily injury to, or death of, two or more persons in any one
  921  crash and in the amount of $50,000 because of property damage in
  922  any one crash. If the owner or operator chooses to establish and
  923  maintain such ability by furnishing a certificate of deposit
  924  pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of
  925  deposit must be at least $350,000. Such higher limits must be
  926  carried for a minimum period of 3 years. If the owner or
  927  operator has not been convicted of driving under the influence
  928  or a felony traffic offense for a period of 3 years from the
  929  date of reinstatement of driving privileges for a violation of
  930  s. 316.193, the owner or operator is shall be exempt from this
  931  section.
  932         Section 17. Section 324.031, Florida Statutes, is amended
  933  to read:
  934         324.031 Manner of proving financial responsibility.—
  935         (1)The owner or operator of a taxicab, limousine, jitney,
  936  or any other for-hire passenger transportation vehicle may prove
  937  financial responsibility by providing satisfactory evidence of
  938  holding a motor vehicle liability policy as defined in s.
  939  324.021(8) or s. 324.151, which policy is issued by an insurance
  940  carrier which is a member of the Florida Insurance Guaranty
  941  Association. The operator or owner of a motor vehicle other than
  942  a for-hire passenger transportation vehicle any other vehicle
  943  may prove his or her financial responsibility by:
  944         (a)(1) Furnishing satisfactory evidence of holding a motor
  945  vehicle liability policy as defined in ss. 324.021(8) and
  946  324.151 which provides liability coverage for the motor vehicle
  947  being operated;
  948         (b)(2) Furnishing a certificate of self-insurance showing a
  949  deposit of cash in accordance with s. 324.161; or
  950         (c)(3) Furnishing a certificate of self-insurance issued by
  951  the department in accordance with s. 324.171.
  952         (2)Beginning January 1, 2022, any person, including any
  953  firm, partnership, association, corporation, or other person,
  954  other than a natural person, electing to use the method of proof
  955  specified in paragraph (1)(b) subsection (2) shall do both of
  956  the following:
  957         (a) Furnish a certificate of deposit equal to the number of
  958  vehicles owned times $60,000 $30,000, up to a maximum of
  959  $240,000. $120,000;
  960         (b)In addition, any such person, other than a natural
  961  person, shall Maintain insurance providing coverage that meets
  962  the requirements of s. 324.151 and has limits of:
  963         1.At least $125,000 for bodily injury to, or the death of,
  964  one person in any one crash and, subject to such limits for one
  965  person, in the amount of $250,000 for bodily injury to, or the
  966  death of, two or more persons in any one crash, and $50,000 for
  967  damage to, or destruction of, property of others in any one
  968  crash; or
  969         2.At least $300,000 for combined bodily injury liability
  970  and property damage liability for any one crash in excess of
  971  limits of $10,000/20,000/10,000 or $30,000 combined single
  972  limits, and such excess insurance shall provide minimum limits
  973  of $125,000/250,000/50,000 or $300,000 combined single limits.
  974  These increased limits shall not affect the requirements for
  975  proving financial responsibility under s. 324.032(1).
  976         Section 18. Section 324.032, Florida Statutes, is amended
  977  to read:
  978         324.032 Manner of proving Financial responsibility for;
  979  for-hire passenger transportation vehicles.—Notwithstanding the
  980  provisions of s. 324.031:
  981         (1) An owner or a lessee of a for-hire passenger
  982  transportation vehicle that is required to be registered in this
  983  state shall establish and continuously maintain the ability to
  984  respond in damages for liability on account of accidents arising
  985  out of the ownership, maintenance, or use of the for-hire
  986  passenger transportation vehicle, in the amount of:
  987         (a) One hundred twenty-five thousand dollars for bodily
  988  injury to, or the death of, one person in any one crash and,
  989  subject to such limits for one person, in the amount of $250,000
  990  for bodily injury to, or the death of, two or more persons in
  991  any one crash; and A person who is either the owner or a lessee
  992  required to maintain insurance under s. 627.733(1)(b) and who
  993  operates one or more taxicabs, limousines, jitneys, or any other
  994  for-hire passenger transportation vehicles may prove financial
  995  responsibility by furnishing satisfactory evidence of holding a
  996  motor vehicle liability policy, but with minimum limits of
  997  $125,000/250,000/50,000.
  998         (b) Fifty thousand dollars for damage to, or destruction
  999  of, property of others in any one crash A person who is either
 1000  the owner or a lessee required to maintain insurance under s.
 1001  324.021(9)(b) and who operates limousines, jitneys, or any other
 1002  for-hire passenger vehicles, other than taxicabs, may prove
 1003  financial responsibility by furnishing satisfactory evidence of
 1004  holding a motor vehicle liability policy as defined in s.
 1005  324.031.
 1006         (2)Except as provided in subsection (3), the requirements
 1007  of this section must be met by the owner or lessee providing
 1008  satisfactory evidence of holding a motor vehicle liability
 1009  policy conforming to the requirements of s. 324.151 which is
 1010  issued by an insurance carrier that is a member of the Florida
 1011  Insurance Guaranty Association.
 1012         (3)(2) An owner or a lessee who is required to maintain
 1013  insurance under s. 324.021(9)(b) and who operates at least 300
 1014  taxicabs, limousines, jitneys, or any other for-hire passenger
 1015  transportation vehicles may provide financial responsibility by
 1016  complying with the provisions of s. 324.171, which must such
 1017  compliance to be demonstrated by maintaining at its principal
 1018  place of business an audited financial statement, prepared in
 1019  accordance with generally accepted accounting principles, and
 1020  providing to the department a certification issued by a
 1021  certified public accountant that the applicant’s net worth is at
 1022  least equal to the requirements of s. 324.171 as determined by
 1023  the Office of Insurance Regulation of the Financial Services
 1024  Commission, including claims liabilities in an amount certified
 1025  as adequate by a Fellow of the Casualty Actuarial Society.
 1026  
 1027  Upon request by the department, the applicant shall must provide
 1028  the department at the applicant’s principal place of business in
 1029  this state access to the applicant’s underlying financial
 1030  information and financial statements that provide the basis of
 1031  the certified public accountant’s certification. The applicant
 1032  shall reimburse the requesting department for all reasonable
 1033  costs incurred by it in reviewing the supporting information.
 1034  The maximum amount of self-insurance permissible under this
 1035  subsection is $300,000 and must be stated on a per-occurrence
 1036  basis, and the applicant shall maintain adequate excess
 1037  insurance issued by an authorized or eligible insurer licensed
 1038  or approved by the Office of Insurance Regulation. All risks
 1039  self-insured shall remain with the owner or lessee providing it,
 1040  and the risks are not transferable to any other person, unless a
 1041  policy complying with subsections (1) and (2) subsection (1) is
 1042  obtained.
 1043         Section 19. Paragraph (b) of subsection (2) of section
 1044  324.051, Florida Statutes, is amended to read:
 1045         324.051 Reports of crashes; suspensions of licenses and
 1046  registrations.—
 1047         (2)
 1048         (b) This subsection does shall not apply:
 1049         1. To such operator or owner if such operator or owner had
 1050  in effect at the time of such crash or traffic conviction a
 1051  motor vehicle an automobile liability policy with respect to all
 1052  of the registered motor vehicles owned by such operator or
 1053  owner.
 1054         2. To such operator, if not the owner of such motor
 1055  vehicle, if there was in effect at the time of such crash or
 1056  traffic conviction a motor vehicle an automobile liability
 1057  policy or bond with respect to his or her operation of motor
 1058  vehicles not owned by him or her.
 1059         3. To such operator or owner if the liability of such
 1060  operator or owner for damages resulting from such crash is, in
 1061  the judgment of the department, covered by any other form of
 1062  liability insurance or bond.
 1063         4. To any person who has obtained from the department a
 1064  certificate of self-insurance, in accordance with s. 324.171, or
 1065  to any person operating a motor vehicle for such self-insurer.
 1066  
 1067  No such policy or bond shall be effective under this subsection
 1068  unless it contains limits of not less than those specified in s.
 1069  324.021(7).
 1070         Section 20. Section 324.071, Florida Statutes, is amended
 1071  to read:
 1072         324.071 Reinstatement; renewal of license; reinstatement
 1073  fee.—An Any operator or owner whose license or registration has
 1074  been suspended pursuant to s. 324.051(2), s. 324.072, s.
 1075  324.081, or s. 324.121 may effect its reinstatement upon
 1076  compliance with the provisions of s. 324.051(2)(a)3. or 4., or
 1077  s. 324.081(2) and (3), as the case may be, and with one of the
 1078  provisions of s. 324.031 and upon payment to the department of a
 1079  nonrefundable reinstatement fee of $15. Only one such fee may
 1080  shall be paid by any one person regardless irrespective of the
 1081  number of licenses and registrations to be then reinstated or
 1082  issued to such person. All Such fees must shall be deposited to
 1083  a department trust fund. If When the reinstatement of any
 1084  license or registration is effected by compliance with s.
 1085  324.051(2)(a)3. or 4., the department may shall not renew the
 1086  license or registration within a period of 3 years after from
 1087  such reinstatement, nor may shall any other license or
 1088  registration be issued in the name of such person, unless the
 1089  operator continues is continuing to comply with one of the
 1090  provisions of s. 324.031.
 1091         Section 21. Subsection (1) of section 324.091, Florida
 1092  Statutes, is amended to read:
 1093         324.091 Notice to department; notice to insurer.—
 1094         (1) Each owner and operator involved in a crash or
 1095  conviction case within the purview of this chapter shall furnish
 1096  evidence of automobile liability insurance or motor vehicle
 1097  liability insurance within 14 days after the date of the mailing
 1098  of notice of crash by the department in the form and manner as
 1099  it may designate. Upon receipt of evidence that a an automobile
 1100  liability policy or motor vehicle liability policy was in effect
 1101  at the time of the crash or conviction case, the department
 1102  shall forward to the insurer such information for verification
 1103  in a method as determined by the department. The insurer shall
 1104  respond to the department within 20 days after the notice as to
 1105  whether or not such information is valid. If the department
 1106  determines that a an automobile liability policy or motor
 1107  vehicle liability policy was not in effect and did not provide
 1108  coverage for both the owner and the operator, it must shall take
 1109  action as it is authorized to do under this chapter.
 1110         Section 22. Section 324.151, Florida Statutes, is amended
 1111  to read:
 1112         324.151 Motor vehicle liability policies; required
 1113  provisions.—
 1114         (1) A motor vehicle liability policy that serves as to be
 1115  proof of financial responsibility under s. 324.031(1)(a) must s.
 1116  324.031(1), shall be issued to owners or operators of motor
 1117  vehicles under the following provisions:
 1118         (a) A motor vehicle An owner’s liability insurance policy
 1119  issued to an owner of a motor vehicle required to be registered
 1120  in this state must shall designate by explicit description or by
 1121  appropriate reference all motor vehicles for with respect to
 1122  which coverage is thereby granted. The policy must and shall
 1123  insure the person or persons owner named therein and, except for
 1124  a named driver excluded pursuant to s. 627.747, must insure any
 1125  resident relative of a named insured other person as operator
 1126  using such motor vehicle or motor vehicles with the express or
 1127  implied permission of such owner against loss from the liability
 1128  imposed by law for damage arising out of the ownership,
 1129  maintenance, or use of any such motor vehicle or motor vehicles
 1130  within the United States or the Dominion of Canada, subject to
 1131  limits, exclusive of interest and costs with respect to each
 1132  such motor vehicle as is provided for under s. 324.021(7).
 1133  Except for a named driver excluded pursuant to s. 627.747, the
 1134  policy must also insure any person operating an insured motor
 1135  vehicle with the express or implied permission of a named
 1136  insured against loss from the liability imposed by law for
 1137  damage arising out of the use of any vehicle. However, the
 1138  insurer may include provisions in its policy excluding liability
 1139  coverage for a motor vehicle not designated as an insured
 1140  vehicle on the policy if such motor vehicle does not qualify as
 1141  a newly acquired vehicle or as a temporary substitute vehicle
 1142  and was owned by the insured or was furnished for an insured’s
 1143  regular use for more than 30 consecutive days before the event
 1144  giving rise to the claim. Insurers may make available, with
 1145  respect to property damage liability coverage, a deductible
 1146  amount not to exceed $500. In the event of a property damage
 1147  loss covered by a policy containing a property damage deductible
 1148  provision, the insurer shall pay to the third-party claimant the
 1149  amount of any property damage liability settlement or judgment,
 1150  subject to policy limits, as if no deductible existed.
 1151         (b) A motor vehicle liability insurance policy issued to a
 1152  person who does not own a motor vehicle must An operator’s motor
 1153  vehicle liability policy of insurance shall insure the person or
 1154  persons named therein against loss from the liability imposed
 1155  upon him or her by law for damages arising out of the use by the
 1156  person of any motor vehicle not owned by him or her, with the
 1157  same territorial limits and subject to the same limits of
 1158  liability as referred to above with respect to an owner’s policy
 1159  of liability insurance.
 1160         (c) All such motor vehicle liability policies must provide
 1161  liability coverage with limits, exclusive of interest and costs,
 1162  as specified under s. 324.021(7) for accidents occurring within
 1163  the United States or Canada. The policies must shall state the
 1164  name and address of the named insured, the coverage afforded by
 1165  the policy, the premium charged therefor, the policy period, and
 1166  the limits of liability, and must shall contain an agreement or
 1167  be endorsed that insurance is provided in accordance with the
 1168  coverage defined in this chapter as respects bodily injury and
 1169  death or property damage or both and is subject to all
 1170  provisions of this chapter. The Said policies must shall also
 1171  contain a provision that the satisfaction by an insured of a
 1172  judgment for such injury or damage may shall not be a condition
 1173  precedent to the right or duty of the insurance carrier to make
 1174  payment on account of such injury or damage, and must shall also
 1175  contain a provision that bankruptcy or insolvency of the insured
 1176  or of the insured’s estate does shall not relieve the insurance
 1177  carrier of any of its obligations under the said policy.
 1178         (2) The provisions of This section is shall not be
 1179  applicable to any motor vehicle automobile liability policy
 1180  unless and until it is furnished as proof of financial
 1181  responsibility for the future pursuant to s. 324.031, and then
 1182  applies only from and after the date the said policy is so
 1183  furnished.
 1184         (3)As used in this section, the term:
 1185         (a)“Newly acquired vehicle” means a vehicle owned by a
 1186  named insured or resident relative of the named insured which
 1187  was acquired no more than 30 days before an accident.
 1188         (b)“Resident relative” means a person related to a named
 1189  insured by any degree by blood, marriage, or adoption, including
 1190  a ward or foster child, who usually makes his or her home in the
 1191  same family unit or residence as the named insured, regardless
 1192  of whether he or she temporarily lives elsewhere.
 1193         (c)“Temporary substitute vehicle” means any motor vehicle
 1194  as defined in s. 320.01(1) which is not owned by the named
 1195  insured and which is temporarily used with the permission of the
 1196  owner as a substitute for the owned motor vehicle designated on
 1197  the policy when the owned vehicle is withdrawn from normal use
 1198  because of breakdown, repair, servicing, loss, or destruction.
 1199         Section 23. Section 324.161, Florida Statutes, is amended
 1200  to read:
 1201         324.161 Proof of financial responsibility; deposit.—If a
 1202  person elects to prove his or her financial responsibility under
 1203  the method of proof specified in s. 324.031(1)(b), he or she
 1204  annually must obtain and submit to the department proof of a
 1205  certificate of deposit in the amount required under s.
 1206  324.031(2) from a financial institution insured by the Federal
 1207  Deposit Insurance Corporation or the National Credit Union
 1208  Administration Annually, before any certificate of insurance may
 1209  be issued to a person, including any firm, partnership,
 1210  association, corporation, or other person, other than a natural
 1211  person, proof of a certificate of deposit of $30,000 issued and
 1212  held by a financial institution must be submitted to the
 1213  department. A power of attorney will be issued to and held by
 1214  the department and may be executed upon a judgment issued
 1215  against such person making the deposit, for damages for because
 1216  of bodily injury to or death of any person or for damages for
 1217  because of injury to or destruction of property resulting from
 1218  the use or operation of any motor vehicle occurring after such
 1219  deposit was made. Money so deposited is shall not be subject to
 1220  attachment or execution unless such attachment or execution
 1221  arises shall arise out of a lawsuit suit for such damages as
 1222  aforesaid.
 1223         Section 24. Subsections (1) and (2) of section 324.171,
 1224  Florida Statutes, are amended to read:
 1225         324.171 Self-insurer.—
 1226         (1) A Any person may qualify as a self-insurer by obtaining
 1227  a certificate of self-insurance from the department. which may,
 1228  in its discretion and Upon application of such a person, the
 1229  department may issue a said certificate of self-insurance to an
 1230  applicant who satisfies when such person has satisfied the
 1231  requirements of this section. Effective January 1, 2022 to
 1232  qualify as a self-insurer under this section:
 1233         (a) A private individual with private passenger vehicles
 1234  shall possess a net unencumbered worth of at least $100,000
 1235  $40,000.
 1236         (b) A person, including any firm, partnership, association,
 1237  corporation, or other person, other than a natural person,
 1238  shall:
 1239         1. Possess a net unencumbered worth of at least $100,000
 1240  $40,000 for the first motor vehicle and $50,000 $20,000 for each
 1241  additional motor vehicle; or
 1242         2. Maintain sufficient net worth, in an amount determined
 1243  by the department, to be financially responsible for potential
 1244  losses. The department annually shall determine the minimum net
 1245  worth sufficient to satisfy this subparagraph as determined
 1246  annually by the department, pursuant to rules adopted
 1247  promulgated by the department, with the assistance of the Office
 1248  of Insurance Regulation of the Financial Services Commission, to
 1249  be financially responsible for potential losses. The rules must
 1250  consider any shall take into consideration excess insurance
 1251  carried by the applicant. The department’s determination must
 1252  shall be based upon reasonable actuarial principles considering
 1253  the frequency, severity, and loss development of claims incurred
 1254  by casualty insurers writing coverage on the type of motor
 1255  vehicles for which a certificate of self-insurance is desired.
 1256         (c) The owner of a commercial motor vehicle, as defined in
 1257  s. 207.002 or s. 320.01, may qualify as a self-insurer subject
 1258  to the standards provided for in subparagraph (b)2.
 1259         (2) The self-insurance certificate must shall provide
 1260  limits of liability insurance in the amounts specified under s.
 1261  324.021(7) or s. 627.7415 and shall provide personal injury
 1262  protection coverage under s. 627.733(3)(b).
 1263         Section 25. Section 324.251, Florida Statutes, is amended
 1264  to read:
 1265         324.251 Short title.—This chapter may be cited as the
 1266  “Financial Responsibility Law of 2021 1955” and is shall become
 1267  effective at 12:01 a.m., January 1, 2022 October 1, 1955.
 1268         Section 26. Subsection (4) of section 400.9905, Florida
 1269  Statutes, is amended to read:
 1270         400.9905 Definitions.—
 1271         (4)(a) “Clinic” means an entity where health care services
 1272  are provided to individuals and which tenders charges for
 1273  reimbursement for such services, including a mobile clinic and a
 1274  portable equipment provider. As used in this part, the term does
 1275  not include and the licensure requirements of this part do not
 1276  apply to:
 1277         1.(a)  Entities licensed or registered by the state under
 1278  chapter 395; entities licensed or registered by the state and
 1279  providing only health care services within the scope of services
 1280  authorized under their respective licenses under ss. 383.30
 1281  383.332, chapter 390, chapter 394, chapter 397, this chapter
 1282  except part X, chapter 429, chapter 463, chapter 465, chapter
 1283  466, chapter 478, chapter 484, or chapter 651; end-stage renal
 1284  disease providers authorized under 42 C.F.R. part 494; providers
 1285  certified and providing only health care services within the
 1286  scope of services authorized under their respective
 1287  certifications under 42 C.F.R. part 485, subpart B, subpart H,
 1288  or subpart J; providers certified and providing only health care
 1289  services within the scope of services authorized under their
 1290  respective certifications under 42 C.F.R. part 486, subpart C;
 1291  providers certified and providing only health care services
 1292  within the scope of services authorized under their respective
 1293  certifications under 42 C.F.R. part 491, subpart A; providers
 1294  certified by the Centers for Medicare and Medicaid Services
 1295  under the federal Clinical Laboratory Improvement Amendments and
 1296  the federal rules adopted thereunder; or any entity that
 1297  provides neonatal or pediatric hospital-based health care
 1298  services or other health care services by licensed practitioners
 1299  solely within a hospital licensed under chapter 395.
 1300         2.(b)  Entities that own, directly or indirectly, entities
 1301  licensed or registered by the state pursuant to chapter 395;
 1302  entities that own, directly or indirectly, entities licensed or
 1303  registered by the state and providing only health care services
 1304  within the scope of services authorized pursuant to their
 1305  respective licenses under ss. 383.30-383.332, chapter 390,
 1306  chapter 394, chapter 397, this chapter except part X, chapter
 1307  429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
 1308  484, or chapter 651; end-stage renal disease providers
 1309  authorized under 42 C.F.R. part 494; providers certified and
 1310  providing only health care services within the scope of services
 1311  authorized under their respective certifications under 42 C.F.R.
 1312  part 485, subpart B, subpart H, or subpart J; providers
 1313  certified and providing only health care services within the
 1314  scope of services authorized under their respective
 1315  certifications under 42 C.F.R. part 486, subpart C; providers
 1316  certified and providing only health care services within the
 1317  scope of services authorized under their respective
 1318  certifications under 42 C.F.R. part 491, subpart A; providers
 1319  certified by the Centers for Medicare and Medicaid Services
 1320  under the federal Clinical Laboratory Improvement Amendments and
 1321  the federal rules adopted thereunder; or any entity that
 1322  provides neonatal or pediatric hospital-based health care
 1323  services by licensed practitioners solely within a hospital
 1324  licensed under chapter 395.
 1325         3.(c)  Entities that are owned, directly or indirectly, by
 1326  an entity licensed or registered by the state pursuant to
 1327  chapter 395; entities that are owned, directly or indirectly, by
 1328  an entity licensed or registered by the state and providing only
 1329  health care services within the scope of services authorized
 1330  pursuant to their respective licenses under ss. 383.30-383.332,
 1331  chapter 390, chapter 394, chapter 397, this chapter except part
 1332  X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
 1333  478, chapter 484, or chapter 651; end-stage renal disease
 1334  providers authorized under 42 C.F.R. part 494; providers
 1335  certified and providing only health care services within the
 1336  scope of services authorized under their respective
 1337  certifications under 42 C.F.R. part 485, subpart B, subpart H,
 1338  or subpart J; providers certified and providing only health care
 1339  services within the scope of services authorized under their
 1340  respective certifications under 42 C.F.R. part 486, subpart C;
 1341  providers certified and providing only health care services
 1342  within the scope of services authorized under their respective
 1343  certifications under 42 C.F.R. part 491, subpart A; providers
 1344  certified by the Centers for Medicare and Medicaid Services
 1345  under the federal Clinical Laboratory Improvement Amendments and
 1346  the federal rules adopted thereunder; or any entity that
 1347  provides neonatal or pediatric hospital-based health care
 1348  services by licensed practitioners solely within a hospital
 1349  under chapter 395.
 1350         4.(d)  Entities that are under common ownership, directly
 1351  or indirectly, with an entity licensed or registered by the
 1352  state pursuant to chapter 395; entities that are under common
 1353  ownership, directly or indirectly, with an entity licensed or
 1354  registered by the state and providing only health care services
 1355  within the scope of services authorized pursuant to their
 1356  respective licenses under ss. 383.30-383.332, chapter 390,
 1357  chapter 394, chapter 397, this chapter except part X, chapter
 1358  429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
 1359  484, or chapter 651; end-stage renal disease providers
 1360  authorized under 42 C.F.R. part 494; providers certified and
 1361  providing only health care services within the scope of services
 1362  authorized under their respective certifications under 42 C.F.R.
 1363  part 485, subpart B, subpart H, or subpart J; providers
 1364  certified and providing only health care services within the
 1365  scope of services authorized under their respective
 1366  certifications under 42 C.F.R. part 486, subpart C; providers
 1367  certified and providing only health care services within the
 1368  scope of services authorized under their respective
 1369  certifications under 42 C.F.R. part 491, subpart A; providers
 1370  certified by the Centers for Medicare and Medicaid Services
 1371  under the federal Clinical Laboratory Improvement Amendments and
 1372  the federal rules adopted thereunder; or any entity that
 1373  provides neonatal or pediatric hospital-based health care
 1374  services by licensed practitioners solely within a hospital
 1375  licensed under chapter 395.
 1376         5.(e) An entity that is exempt from federal taxation under
 1377  26 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
 1378  under 26 U.S.C. s. 409 that has a board of trustees at least
 1379  two-thirds of which are Florida-licensed health care
 1380  practitioners and provides only physical therapy services under
 1381  physician orders, any community college or university clinic,
 1382  and any entity owned or operated by the federal or state
 1383  government, including agencies, subdivisions, or municipalities
 1384  thereof.
 1385         6.(f) A sole proprietorship, group practice, partnership,
 1386  or corporation that provides health care services by physicians
 1387  covered by s. 627.419, that is directly supervised by one or
 1388  more of such physicians, and that is wholly owned by one or more
 1389  of those physicians or by a physician and the spouse, parent,
 1390  child, or sibling of that physician.
 1391         7.(g) A sole proprietorship, group practice, partnership,
 1392  or corporation that provides health care services by licensed
 1393  health care practitioners under chapter 457, chapter 458,
 1394  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
 1395  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
 1396  chapter 490, chapter 491, or part I, part III, part X, part
 1397  XIII, or part XIV of chapter 468, or s. 464.012, and that is
 1398  wholly owned by one or more licensed health care practitioners,
 1399  or the licensed health care practitioners set forth in this
 1400  subparagraph paragraph and the spouse, parent, child, or sibling
 1401  of a licensed health care practitioner if one of the owners who
 1402  is a licensed health care practitioner is supervising the
 1403  business activities and is legally responsible for the entity’s
 1404  compliance with all federal and state laws. However, a health
 1405  care practitioner may not supervise services beyond the scope of
 1406  the practitioner’s license, except that, for the purposes of
 1407  this part, a clinic owned by a licensee in s. 456.053(3)(b)
 1408  which provides only services authorized pursuant to s.
 1409  456.053(3)(b) may be supervised by a licensee specified in s.
 1410  456.053(3)(b).
 1411         8.(h) Clinical facilities affiliated with an accredited
 1412  medical school at which training is provided for medical
 1413  students, residents, or fellows.
 1414         9.(i) Entities that provide only oncology or radiation
 1415  therapy services by physicians licensed under chapter 458 or
 1416  chapter 459 or entities that provide oncology or radiation
 1417  therapy services by physicians licensed under chapter 458 or
 1418  chapter 459 which are owned by a corporation whose shares are
 1419  publicly traded on a recognized stock exchange.
 1420         10.(j) Clinical facilities affiliated with a college of
 1421  chiropractic accredited by the Council on Chiropractic Education
 1422  at which training is provided for chiropractic students.
 1423         11.(k) Entities that provide licensed practitioners to
 1424  staff emergency departments or to deliver anesthesia services in
 1425  facilities licensed under chapter 395 and that derive at least
 1426  90 percent of their gross annual revenues from the provision of
 1427  such services. Entities claiming an exemption from licensure
 1428  under this subparagraph paragraph must provide documentation
 1429  demonstrating compliance.
 1430         12.(l) Orthotic, prosthetic, pediatric cardiology, or
 1431  perinatology clinical facilities or anesthesia clinical
 1432  facilities that are not otherwise exempt under subparagraph 1.
 1433  or subparagraph 11. paragraph (a) or paragraph (k) and that are
 1434  a publicly traded corporation or are wholly owned, directly or
 1435  indirectly, by a publicly traded corporation. As used in this
 1436  subparagraph paragraph, a publicly traded corporation is a
 1437  corporation that issues securities traded on an exchange
 1438  registered with the United States Securities and Exchange
 1439  Commission as a national securities exchange.
 1440         13.(m) Entities that are owned by a corporation that has
 1441  $250 million or more in total annual sales of health care
 1442  services provided by licensed health care practitioners where
 1443  one or more of the persons responsible for the operations of the
 1444  entity is a health care practitioner who is licensed in this
 1445  state and who is responsible for supervising the business
 1446  activities of the entity and is responsible for the entity’s
 1447  compliance with state law for purposes of this part.
 1448         14.(n) Entities that employ 50 or more licensed health care
 1449  practitioners licensed under chapter 458 or chapter 459 where
 1450  the billing for medical services is under a single tax
 1451  identification number. The application for exemption under this
 1452  subsection must include shall contain information that includes:
 1453  the name, residence, and business address and telephone phone
 1454  number of the entity that owns the practice; a complete list of
 1455  the names and contact information of all the officers and
 1456  directors of the corporation; the name, residence address,
 1457  business address, and medical license number of each licensed
 1458  Florida health care practitioner employed by the entity; the
 1459  corporate tax identification number of the entity seeking an
 1460  exemption; a listing of health care services to be provided by
 1461  the entity at the health care clinics owned or operated by the
 1462  entity; and a certified statement prepared by an independent
 1463  certified public accountant which states that the entity and the
 1464  health care clinics owned or operated by the entity have not
 1465  received payment for health care services under medical payments
 1466  personal injury protection insurance coverage for the preceding
 1467  year. If the agency determines that an entity that which is
 1468  exempt under this subsection has received payments for medical
 1469  services under medical payments personal injury protection
 1470  insurance coverage, the agency may deny or revoke the exemption
 1471  from licensure under this subsection.
 1472         15.(o) Entities that are, directly or indirectly, under the
 1473  common ownership of or that are subject to common control by a
 1474  mutual insurance holding company, as defined in s. 628.703, with
 1475  an entity issued a certificate of authority under chapter 624 or
 1476  chapter 641 which has $1 billion or more in total annual sales
 1477  in this state.
 1478         16.(p) Entities that are owned by an entity that is a
 1479  behavioral health care service provider in at least five other
 1480  states; that, together with its affiliates, have $90 million or
 1481  more in total annual revenues associated with the provision of
 1482  behavioral health care services; and wherein one or more of the
 1483  persons responsible for the operations of the entity is a health
 1484  care practitioner who is licensed in this state, who is
 1485  responsible for supervising the business activities of the
 1486  entity, and who is responsible for the entity’s compliance with
 1487  state law for purposes of this part.
 1488         17.(q) Medicaid providers.
 1489         (b) Notwithstanding paragraph (a) this subsection, an
 1490  entity is shall be deemed a clinic and must be licensed under
 1491  this part in order to receive medical payments coverage
 1492  reimbursement under s. 627.7265 unless the entity is:
 1493         1. Wholly owned by a physician licensed under chapter 458
 1494  or chapter 459, or by the physician and the spouse, parent,
 1495  child, or sibling of the physician;
 1496         2.Wholly owned by a dentist licensed under chapter 466, or
 1497  by the dentist and the spouse, parent, child, or sibling of the
 1498  dentist;
 1499         3. Wholly owned by a chiropractic physician licensed under
 1500  chapter 460, or by the chiropractic physician and the spouse,
 1501  parent, child, or sibling of the chiropractic physician;
 1502         4. A hospital or ambulatory surgical center licensed under
 1503  chapter 395;
 1504         5. An entity that wholly owns or is wholly owned, directly
 1505  or indirectly, by a hospital or hospitals licensed under chapter
 1506  395;
 1507         6. A clinical facility affiliated with an accredited
 1508  medical school at which training is provided for medical
 1509  students, residents, or fellows;
 1510         7.Certified under 42 C.F.R. part 485, subpart H; or
 1511         8. Owned by a publicly traded corporation, either directly
 1512  or indirectly through its subsidiaries, which has $250 million
 1513  or more in total annual sales of health care services provided
 1514  by licensed health care practitioners, if one or more of the
 1515  persons responsible for the operations of the entity are health
 1516  care practitioners who are licensed in this state and are
 1517  responsible for supervising the business activities of the
 1518  entity and the entity’s compliance with state law for purposes
 1519  of this subsection the Florida Motor Vehicle No-Fault Law, ss.
 1520  627.730-627.7405, unless exempted under s. 627.736(5)(h).
 1521         Section 27. Subsection (5) of section 400.991, Florida
 1522  Statutes, is amended to read:
 1523         400.991 License requirements; background screenings;
 1524  prohibitions.—
 1525         (5) All agency forms for licensure application or exemption
 1526  from licensure under this part must contain the following
 1527  statement:
 1528  
 1529         INSURANCE FRAUD NOTICE.—A person commits a fraudulent
 1530         insurance act, as defined in s. 626.989, Florida
 1531         Statutes, if the person who knowingly submits a false,
 1532         misleading, or fraudulent application or other
 1533         document when applying for licensure as a health care
 1534         clinic, seeking an exemption from licensure as a
 1535         health care clinic, or demonstrating compliance with
 1536         part X of chapter 400, Florida Statutes, with the
 1537         intent to use the license, exemption from licensure,
 1538         or demonstration of compliance to provide services or
 1539         seek reimbursement under a motor vehicle liability
 1540         insurance policy’s medical payments coverage the
 1541         Florida Motor Vehicle No-Fault Law, commits a
 1542         fraudulent insurance act, as defined in s. 626.989,
 1543         Florida Statutes. A person who presents a claim for
 1544         benefits under medical payments coverage personal
 1545         injury protection benefits knowing that the payee
 1546         knowingly submitted such health care clinic
 1547         application or document, commits insurance fraud, as
 1548         defined in s. 817.234, Florida Statutes.
 1549         Section 28. Paragraph (g) of subsection (1) of section
 1550  400.9935, Florida Statutes, is amended to read:
 1551         400.9935 Clinic responsibilities.—
 1552         (1) Each clinic shall appoint a medical director or clinic
 1553  director who shall agree in writing to accept legal
 1554  responsibility for the following activities on behalf of the
 1555  clinic. The medical director or the clinic director shall:
 1556         (g) Conduct systematic reviews of clinic billings to ensure
 1557  that the billings are not fraudulent or unlawful. Upon discovery
 1558  of an unlawful charge, the medical director or clinic director
 1559  shall take immediate corrective action. If the clinic performs
 1560  only the technical component of magnetic resonance imaging,
 1561  static radiographs, computed tomography, or positron emission
 1562  tomography, and provides the professional interpretation of such
 1563  services, in a fixed facility that is accredited by a national
 1564  accrediting organization that is approved by the Centers for
 1565  Medicare and Medicaid Services for magnetic resonance imaging
 1566  and advanced diagnostic imaging services and if, in the
 1567  preceding quarter, the percentage of scans performed by that
 1568  clinic which was billed to motor vehicle all personal injury
 1569  protection insurance carriers under medical payments coverage
 1570  was less than 15 percent, the chief financial officer of the
 1571  clinic may, in a written acknowledgment provided to the agency,
 1572  assume the responsibility for the conduct of the systematic
 1573  reviews of clinic billings to ensure that the billings are not
 1574  fraudulent or unlawful.
 1575         Section 29. Subsection (28) of section 409.901, Florida
 1576  Statutes, is amended to read:
 1577         409.901 Definitions; ss. 409.901-409.920.—As used in ss.
 1578  409.901-409.920, except as otherwise specifically provided, the
 1579  term:
 1580         (28) “Third-party benefit” means any benefit that is or may
 1581  be available at any time through contract, court award,
 1582  judgment, settlement, agreement, or any arrangement between a
 1583  third party and any person or entity, including, without
 1584  limitation, a Medicaid recipient, a provider, another third
 1585  party, an insurer, or the agency, for any Medicaid-covered
 1586  injury, illness, goods, or services, including costs of medical
 1587  services related thereto, for bodily personal injury or for
 1588  death of the recipient, but specifically excluding policies of
 1589  life insurance policies on the recipient, unless available under
 1590  terms of the policy to pay medical expenses before prior to
 1591  death. The term includes, without limitation, collateral, as
 1592  defined in this section;, health insurance;, any benefit under a
 1593  health maintenance organization, a preferred provider
 1594  arrangement, a prepaid health clinic, liability insurance,
 1595  uninsured motorist insurance, or medical payments coverage; or
 1596  personal injury protection coverage, medical benefits under
 1597  workers’ compensation, and any obligation under law or equity to
 1598  provide medical support.
 1599         Section 30. Paragraph (f) of subsection (11) of section
 1600  409.910, Florida Statutes, is amended to read:
 1601         409.910 Responsibility for payments on behalf of Medicaid
 1602  eligible persons when other parties are liable.—
 1603         (11) The agency may, as a matter of right, in order to
 1604  enforce its rights under this section, institute, intervene in,
 1605  or join any legal or administrative proceeding in its own name
 1606  in one or more of the following capacities: individually, as
 1607  subrogee of the recipient, as assignee of the recipient, or as
 1608  lienholder of the collateral.
 1609         (f) Notwithstanding any provision in this section to the
 1610  contrary, in the event of an action in tort against a third
 1611  party in which the recipient or his or her legal representative
 1612  is a party which results in a judgment, award, or settlement
 1613  from a third party, the amount recovered shall be distributed as
 1614  follows:
 1615         1. After attorney attorney’s fees and taxable costs as
 1616  defined by the Florida Rules of Civil Procedure, one-half of the
 1617  remaining recovery shall be paid to the agency up to the total
 1618  amount of medical assistance provided by Medicaid.
 1619         2. The remaining amount of the recovery shall be paid to
 1620  the recipient.
 1621         3. For purposes of calculating the agency’s recovery of
 1622  medical assistance benefits paid, the fee for services of an
 1623  attorney retained by the recipient or his or her legal
 1624  representative shall be calculated at 25 percent of the
 1625  judgment, award, or settlement.
 1626         4. Notwithstanding any other provision of this section to
 1627  the contrary, the agency shall be entitled to all medical
 1628  coverage benefits up to the total amount of medical assistance
 1629  provided by Medicaid. For purposes of this paragraph, the term
 1630  “medical coverage” means any benefits under health insurance, a
 1631  health maintenance organization, a preferred provider
 1632  arrangement, or a prepaid health clinic, and the portion of
 1633  benefits designated for medical payments under coverage for
 1634  workers’ compensation coverage, motor vehicle insurance
 1635  coverage, personal injury protection, and casualty coverage.
 1636         Section 31. Paragraph (k) of subsection (2) of section
 1637  456.057, Florida Statutes, is amended to read:
 1638         456.057 Ownership and control of patient records; report or
 1639  copies of records to be furnished; disclosure of information.—
 1640         (2) As used in this section, the terms “records owner,”
 1641  “health care practitioner,” and “health care practitioner’s
 1642  employer” do not include any of the following persons or
 1643  entities; furthermore, the following persons or entities are not
 1644  authorized to acquire or own medical records, but are authorized
 1645  under the confidentiality and disclosure requirements of this
 1646  section to maintain those documents required by the part or
 1647  chapter under which they are licensed or regulated:
 1648         (k) Persons or entities practicing under s. 627.7265 s.
 1649  627.736(7).
 1650         Section 32. Paragraphs (ee) and (ff) of subsection (1) of
 1651  section 456.072, Florida Statutes, are amended to read:
 1652         456.072 Grounds for discipline; penalties; enforcement.—
 1653         (1) The following acts shall constitute grounds for which
 1654  the disciplinary actions specified in subsection (2) may be
 1655  taken:
 1656         (ee) With respect to making a medical payments coverage
 1657  personal injury protection claim under s. 627.7265 as required
 1658  by s. 627.736, intentionally submitting a claim, statement, or
 1659  bill that has been upcoded. As used in this paragraph, the term
 1660  “upcoded” means an action that submits a billing code that would
 1661  result in a greater payment amount than would be paid using a
 1662  billing code that accurately describes the services performed.
 1663  The term does not include an otherwise lawful bill by a magnetic
 1664  resonance imaging facility which globally combines both
 1665  technical and professional components, if the amount of the
 1666  global bill is not more than the components if billed
 1667  separately; however, payment of such a bill constitutes payment
 1668  in full for all components of such service “upcoded” as defined
 1669  in s. 627.732.
 1670         (ff) With respect to making a medical payments coverage
 1671  personal injury protection claim pursuant to s. 627.7265 as
 1672  required by s. 627.736, intentionally submitting a claim,
 1673  statement, or bill for payment of services that were not
 1674  rendered.
 1675         Section 33. Paragraph (b) of subsection (1) and subsection
 1676  (8) of section 624.155, Florida Statutes, are amended to read:
 1677         624.155 Civil remedy.—
 1678         (1) Any person may bring a civil action against an insurer
 1679  when such person is damaged:
 1680         (b) By the commission of any of the following acts by the
 1681  insurer:
 1682         1. Except for a third-party bad faith failure to settle a
 1683  claim subject to s. 624.156, not attempting in good faith to
 1684  settle claims when, under all the circumstances, it could and
 1685  should have done so, had it acted fairly and honestly toward its
 1686  insured and with due regard for her or his interests;
 1687         2. Making claims payments to insureds or beneficiaries not
 1688  accompanied by a statement setting forth the coverage under
 1689  which payments are being made; or
 1690         3. Except as to liability coverages, failing to promptly
 1691  settle claims, when the obligation to settle a claim has become
 1692  reasonably clear, under one portion of the insurance policy
 1693  coverage in order to influence settlements under other portions
 1694  of the insurance policy coverage; or
 1695         4. When handling a first-party claim under a motor vehicle
 1696  insurance policy, not attempting in good faith to settle such
 1697  claim pursuant to subparagraph 1. when such failure is caused by
 1698  a failure to communicate to an insured:
 1699         a. Information on who is adjusting the claim;
 1700         b. Any issues that may impair the insured’s coverage;
 1701         c. Information that might resolve the issue in a prompt
 1702  manner;
 1703         d. Any basis for the insurer’s rejection or nonacceptance
 1704  of any settlement offer; or
 1705         e. Any needed extensions to respond to a time-limited
 1706  settlement offer.
 1707  
 1708  Notwithstanding the provisions of the above to the contrary, a
 1709  person pursuing a remedy under this section need not prove that
 1710  such act was committed or performed with such frequency as to
 1711  indicate a general business practice.
 1712         (8) The civil remedy specified in this section does not
 1713  preempt any other remedy or cause of action provided for
 1714  pursuant to any other statute or pursuant to the common law of
 1715  this state. A Any person is may obtain a judgment under either
 1716  the common-law remedy of bad faith or this statutory remedy, but
 1717  shall not be entitled to a judgment under multiple bad faith
 1718  both remedies, whether under statute or common law. This section
 1719  shall not be construed to create a common-law cause of action.
 1720  The damages recoverable pursuant to this section shall include
 1721  those damages which are a reasonably foreseeable result of a
 1722  specified violation of this section by the authorized insurer
 1723  and may include an award or judgment in an amount that exceeds
 1724  the policy limits.
 1725         Section 34. Section 624.156, Florida Statutes, is created
 1726  to read:
 1727         624.156 Bad faith failure to settle actions against motor
 1728  vehicle insurers by third-party claimants.—
 1729         (1) SCOPE.—This section applies in all actions against any
 1730  insurer by a third party for bad faith failure to settle,
 1731  whether under statute or common law, for a loss arising out of
 1732  the ownership, maintenance, or use of a motor vehicle operated
 1733  or principally garaged in this state at the time of an accident,
 1734  regardless of whether the insurer is authorized to do business
 1735  in this state or issued a policy in this state.
 1736         (2) DUTY OF GOOD FAITH.—In handling claims, an insurer
 1737  stands as a fiduciary for its insured and must handle claims in
 1738  good faith. The insurer shall comply with the best practice
 1739  standards of subsection (4) using the same degree of care and
 1740  diligence as a person of ordinary care and prudence would
 1741  exercise in the management of his or her own business.
 1742         (3) BAD FAITH FAILURE TO SETTLE.—“Bad faith failure to
 1743  settle” means an insurer’s failure to settle a claim when, under
 1744  all the circumstances, it could and should have done so, had it
 1745  acted fairly and honestly toward its insured and with due regard
 1746  for the insured’s interests.
 1747         (4) BEST PRACTICE STANDARDS.—Upon the earlier of receiving
 1748  notice of a claim or, under subsection (6), a demand for
 1749  settlement, an insurer must do all of the following:
 1750         (a) Assign a duly licensed and appointed insurance adjuster
 1751  to investigate the claim and resolve any questions concerning
 1752  the existence or extent of the insured’s coverage.
 1753         (b) Evaluate every claim fairly, honestly, and with due
 1754  regard for the interests of its insured, consider the full
 1755  extent of the claimant’s recoverable damages, and consider the
 1756  information in a reasonable and prudent manner.
 1757         (c) Request from the insured or claimant additional
 1758  relevant information deemed necessary.
 1759         (d) Conduct all verbal and written communications with the
 1760  utmost honesty and complete candor.
 1761         (e) Make reasonable efforts to explain to nonattorneys
 1762  matters requiring expertise beyond the level normally expected
 1763  of a layperson with no training in insurance or claims-handling
 1764  issues.
 1765         (f) Save all written communications and note and save all
 1766  verbal communications in a reasonable manner.
 1767         (g) Provide the insured, upon request, with all
 1768  nonprivileged communications related to the insurer’s handling
 1769  of the claim.
 1770         (h) Provide, at the insurer’s expense, reasonable
 1771  accommodations necessary to communicate effectively with an
 1772  insured covered under the Americans with Disabilities Act.
 1773         (i) In handling third-party claims, communicate to an
 1774  insured:
 1775         1. The identity of any other person or entity the insurer
 1776  knows may be liable;
 1777         2. The insurer’s activity on and evaluation of the claim;
 1778         3. The likelihood and possible extent of an excess
 1779  judgment;
 1780         4. Steps the insured can take to avoid exposure to an
 1781  excess judgment;
 1782         5. Requests for examinations under oath and an explanation
 1783  of the consequences of an insured’s failure to submit to an
 1784  examination under oath; and
 1785         6. Any demands for settlement under subsection (6) or
 1786  settlement offers.
 1787         (j) When a loss involves multiple claimants and the
 1788  claimants are unwilling to settle cumulatively within the policy
 1789  limits and release the insured from further liability, in
 1790  addition to fulfilling the requirements of paragraphs (a)-(i),
 1791  attempt to minimize the risk of excess judgments against the
 1792  insured and settle as many claims as possible within the policy
 1793  limits in exchange for a release of the insured from further
 1794  liability.
 1795         (5) CONDITIONS PRECEDENT.—It is a condition precedent to
 1796  filing a third-party action for bad faith failure to settle
 1797  against an insurer that the claimant must:
 1798         (a) Serve a demand for settlement, as provided in
 1799  subsection (6), within the insurer’s limits of liability in
 1800  exchange for a release of further liability against the insured;
 1801  and
 1802         (b) Obtain a final judgment in excess of the policy limits
 1803  against the insured.
 1804         (6) DEMAND FOR SETTLEMENT.—A demand for settlement must do
 1805  all of the following:
 1806         (a) Identify the:
 1807         1. Date and location of loss;
 1808         2. Name, address, and date of birth of the claimant;
 1809         3. Name of each insured to whom the demand for settlement
 1810  is directed; and
 1811         4. Legal and factual basis of the claim.
 1812         (b) Provide a reasonably detailed description of the
 1813  claimant’s:
 1814         1. Known injuries caused or aggravated by the incident on
 1815  which the claim is based;
 1816         2. Medical treatment causally related to the incident on
 1817  which the claim is based; and
 1818         3. Type and amount of known damages incurred and, if any,
 1819  the damages the claimant reasonably anticipates incurring in the
 1820  future.
 1821         (c) State the amount of the demand for settlement.
 1822         (d) State whether the demand for settlement is conditioned
 1823  on the completion of an examination under oath, as authorized by
 1824  subsection (8).
 1825         (e) Provide a physical address, an e-mail address, and a
 1826  facsimile number for further communications, including, but not
 1827  limited to, responses to the demand for settlement.
 1828         (f) Release the insured from any further liability upon the
 1829  insurer’s acceptance of a demand for settlement which is not
 1830  withdrawn pursuant to paragraph (8)(e) or paragraph (8)(g), or
 1831  accepted pursuant to paragraph (8)(f).
 1832         (g) Be served upon the insurer by certified mail at the
 1833  address designated by the insurer with the Department of
 1834  Financial Services under s. 624.422(2).
 1835         (7) LIMITATIONS ON CONDITIONS OF ACCEPTANCE OF A DEMAND.—A
 1836  claimant may not place any conditions on acceptance of a demand
 1837  for settlement other than electing the right to examine the
 1838  insured under oath regarding any of the following:
 1839         (a) Whether the insured has the ability to satisfy a claim
 1840  for damages in excess of the insurer’s limits of liability.
 1841         (b) Whether any other person or entity may have actual or
 1842  potential direct or vicarious liability for the insured’s
 1843  negligence.
 1844         (c) Whether any other insurance exists which may cover some
 1845  or all of the damages sustained by the claimant.
 1846         (8) EXAMINATION UNDER OATH.—After serving a demand for
 1847  settlement, a claimant may examine the insured under oath, on
 1848  one occasion for a period of time not to exceed 2 hours,
 1849  regarding only the issues in subsection (7).
 1850         (a) The claimant may request that the insured bring to the
 1851  examination relevant documents in the insured’s possession,
 1852  custody, or control, including, but not limited to, credit
 1853  reports, insurance policies, bank statements, tax returns,
 1854  deeds, titles, and other proof of assets or liabilities.
 1855         (b) The claimant may not examine the insured regarding
 1856  liability.
 1857         (c) The claimant, the insurer, and the insured shall
 1858  cooperate in scheduling the examination under oath. The insurer
 1859  shall notify the insured of the date, time, and location of the
 1860  examination under oath.
 1861         (d) The examination under oath must occur within 30 days
 1862  after the insurer’s acceptance of the settlement demand.
 1863         (e) The claimant may withdraw the demand for settlement if
 1864  the insured refuses to submit to an examination under oath.
 1865         (f) If the insured refuses to submit to an examination
 1866  under oath, the insurer may accept the demand for settlement
 1867  without requiring a release of the insured. An insurer that
 1868  accepts the demand for settlement pursuant to this paragraph
 1869  does not have any further duty to defend the insured and may not
 1870  be held liable for damages to the insured if the claimant
 1871  thereafter obtains an excess judgment against the insured.
 1872         (g) Within 7 days after the examination under oath, the
 1873  claimant may withdraw the demand for settlement.
 1874         (9) SAFE HARBOR.—In any third-party action for bad faith
 1875  failure to settle, an insurer may not be held liable if it
 1876  tenders its policy limits within 30 days of receiving a demand
 1877  for settlement under subsection (6).
 1878         (10) RELEASE.—An insurer that accepts a demand for
 1879  settlement under subsection (6) shall be entitled to a release
 1880  of its insured, except as provided in paragraph (8)(f).
 1881         (11) BURDEN OF PROOF.—In any third-party action for bad
 1882  faith failure to settle, the claimant must prove by the
 1883  preponderance of the evidence that the insurer violated its duty
 1884  of good faith under subsection (2) and that the insurer in bad
 1885  faith failed to settle, as defined in subsection (3).
 1886         (a) In determining whether an insurer violated its duty of
 1887  good faith under subsection (2) and in bad faith failed to
 1888  settle, as defined in subsection (3), the trier of fact shall
 1889  consider all of the following:
 1890         1. Whether the insurer complied with the best practice
 1891  standards of subsection (4) using the same degree of care and
 1892  diligence as a person of ordinary care and prudence would
 1893  exercise in the management of his or her own business.
 1894         2. Whether the insurer failed to settle a claim when, under
 1895  all the circumstances, it could and should have done so, had it
 1896  acted fairly and honestly toward its insured and with due regard
 1897  for the insured’s interests.
 1898         3. Whether the claimant or insured failed to provide
 1899  relevant information to the insurer on a timely basis.
 1900         4. Whether the claimant or insured misrepresented material
 1901  facts to the insurer or made material omissions of fact to the
 1902  insurer.
 1903         5. Whether the insured denied liability or requested that
 1904  the case be defended after the insurer fully advised the insured
 1905  as to the facts and risks.
 1906         6. Whether the insurer timely informed the insured of a
 1907  demand to settle within the limits of coverage, the right to
 1908  retain personal counsel, and the risk of litigation.
 1909         7. The insurer’s willingness to negotiate with the claimant
 1910  in anticipation of settlement.
 1911         8. The amount of damages the claimant incurred or was
 1912  likely to incur in the future under the facts known or
 1913  reasonably available at the time of the insurer’s response.
 1914         9. If applicable, whether there were multiple third-party
 1915  claimants seeking, in the aggregate, compensation in excess of
 1916  the policy limits from the insured; and, if so, whether the
 1917  insurer breached its duty to attempt to minimize the magnitude
 1918  of possible excess judgments against the insured and to attempt
 1919  to settle as many claims as possible within the policy limits in
 1920  exchange for a release of the insured from further liability.
 1921         10. Additional factors that the court determines to be
 1922  relevant.
 1923         (b) The trier of fact, in determining whether an insurer in
 1924  bad faith failed to settle, must be informed that an excess
 1925  judgment occurred but may not be informed of the amount of the
 1926  excess judgment.
 1927         (12) DAMAGES.—An insurer that is found to have violated its
 1928  duty of good faith under subsection (2) and in bad faith failed
 1929  to settle, as defined in subsection (3), is liable for the
 1930  amount of any excess judgment. No other damages, including but
 1931  not limited to punitive damages, may be awarded in a third-party
 1932  bad faith failure to settle action.
 1933         (13) ENFORCEMENT.—If a judgment creditor has served a
 1934  demand for settlement under subsection (6), and the judgment
 1935  exceeds the insured’s limits of liability, the judgment creditor
 1936  must be subrogated to the rights of the insured against the
 1937  insurer for common law bad faith.
 1938         (14) LIMITATION ON MULTIPLE REMEDIES.—A person is not
 1939  entitled to a judgment under multiple bad faith remedies,
 1940  whether under statute or common law.
 1941         Section 35. Paragraphs (i) and (o) of subsection (1) of
 1942  section 626.9541, Florida Statutes, are amended to read:
 1943         626.9541 Unfair methods of competition and unfair or
 1944  deceptive acts or practices defined.—
 1945         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
 1946  ACTS.—The following are defined as unfair methods of competition
 1947  and unfair or deceptive acts or practices:
 1948         (i) Unfair claim settlement practices.—
 1949         1. Attempting to settle claims on the basis of an
 1950  application, when serving as a binder or intended to become a
 1951  part of the policy, or any other material document which was
 1952  altered without notice to, or knowledge or consent of, the
 1953  insured;
 1954         2. Making a material misrepresentation made to an insured
 1955  or any other person having an interest in the proceeds payable
 1956  under such contract or policy, for the purpose and with the
 1957  intent of effecting settlement of such claims, loss, or damage
 1958  under such contract or policy on less favorable terms than those
 1959  provided in, and contemplated by, such contract or policy; or
 1960         3. Committing or performing with such frequency as to
 1961  indicate a general business practice any of the following:
 1962         a. Failing to adopt and implement standards for the proper
 1963  investigation of claims;
 1964         b. Misrepresenting pertinent facts or insurance policy
 1965  provisions relating to coverages at issue;
 1966         c. Failing to acknowledge and act promptly upon
 1967  communications with respect to claims;
 1968         d. Denying claims without conducting reasonable
 1969  investigations based upon available information;
 1970         e. Failing to affirm or deny full or partial coverage of
 1971  claims, and, as to partial coverage, the dollar amount or extent
 1972  of coverage, or failing to provide a written statement that the
 1973  claim is being investigated, upon the written request of the
 1974  insured within 30 days after proof-of-loss statements have been
 1975  completed;
 1976         f. Failing to promptly provide a reasonable explanation in
 1977  writing to the insured of the basis in the insurance policy, in
 1978  relation to the facts or applicable law, for denial of a claim
 1979  or for the offer of a compromise settlement;
 1980         g. Failing to promptly notify the insured of any additional
 1981  information necessary for the processing of a claim; or
 1982         h. Failing to clearly explain the nature of the requested
 1983  information and the reasons why such information is necessary.
 1984         i. Failing to pay personal injury protection insurance
 1985  claims within the time periods required by s. 627.736(4)(b). The
 1986  office may order the insurer to pay restitution to a
 1987  policyholder, medical provider, or other claimant, including
 1988  interest at a rate consistent with the amount set forth in s.
 1989  55.03(1), for the time period within which an insurer fails to
 1990  pay claims as required by law. Restitution is in addition to any
 1991  other penalties allowed by law, including, but not limited to,
 1992  the suspension of the insurer’s certificate of authority.
 1993         4. Failing to pay undisputed amounts of partial or full
 1994  benefits owed under first-party property insurance policies
 1995  within 90 days after an insurer receives notice of a residential
 1996  property insurance claim, determines the amounts of partial or
 1997  full benefits, and agrees to coverage, unless payment of the
 1998  undisputed benefits is prevented by an act of God, prevented by
 1999  the impossibility of performance, or due to actions by the
 2000  insured or claimant that constitute fraud, lack of cooperation,
 2001  or intentional misrepresentation regarding the claim for which
 2002  benefits are owed.
 2003         (o) Illegal dealings in premiums; excess or reduced charges
 2004  for insurance.—
 2005         1. Knowingly collecting any sum as a premium or charge for
 2006  insurance, which is not then provided, or is not in due course
 2007  to be provided, subject to acceptance of the risk by the
 2008  insurer, by an insurance policy issued by an insurer as
 2009  permitted by this code.
 2010         2. Knowingly collecting as a premium or charge for
 2011  insurance any sum in excess of or less than the premium or
 2012  charge applicable to such insurance, in accordance with the
 2013  applicable classifications and rates as filed with and approved
 2014  by the office, and as specified in the policy; or, in cases when
 2015  classifications, premiums, or rates are not required by this
 2016  code to be so filed and approved, premiums and charges collected
 2017  from a Florida resident in excess of or less than those
 2018  specified in the policy and as fixed by the insurer.
 2019  Notwithstanding any other provision of law, this provision shall
 2020  not be deemed to prohibit the charging and collection, by
 2021  surplus lines agents licensed under part VIII of this chapter,
 2022  of the amount of applicable state and federal taxes, or fees as
 2023  authorized by s. 626.916(4), in addition to the premium required
 2024  by the insurer or the charging and collection, by licensed
 2025  agents, of the exact amount of any discount or other such fee
 2026  charged by a credit card facility in connection with the use of
 2027  a credit card, as authorized by subparagraph (q)3., in addition
 2028  to the premium required by the insurer. This subparagraph shall
 2029  not be construed to prohibit collection of a premium for a
 2030  universal life or a variable or indeterminate value insurance
 2031  policy made in accordance with the terms of the contract.
 2032         3.a. Imposing or requesting an additional premium for
 2033  bodily injury liability coverage, property damage liability
 2034  coverage a policy of motor vehicle liability, personal injury
 2035  protection, medical payments coverage payment, or collision
 2036  coverage in a motor vehicle liability insurance policy insurance
 2037  or any combination thereof or refusing to renew the policy
 2038  solely because the insured was involved in a motor vehicle
 2039  accident unless the insurer’s file contains information from
 2040  which the insurer in good faith determines that the insured was
 2041  substantially at fault in the accident.
 2042         b. An insurer which imposes and collects such a surcharge
 2043  or which refuses to renew such policy shall, in conjunction with
 2044  the notice of premium due or notice of nonrenewal, notify the
 2045  named insured that he or she is entitled to reimbursement of
 2046  such amount or renewal of the policy under the conditions listed
 2047  below and will subsequently reimburse him or her or renew the
 2048  policy, if the named insured demonstrates that the operator
 2049  involved in the accident was:
 2050         (I) Lawfully parked;
 2051         (II) Reimbursed by, or on behalf of, a person responsible
 2052  for the accident or has a judgment against such person;
 2053         (III) Struck in the rear by another vehicle headed in the
 2054  same direction and was not convicted of a moving traffic
 2055  violation in connection with the accident;
 2056         (IV) Hit by a “hit-and-run” driver, if the accident was
 2057  reported to the proper authorities within 24 hours after
 2058  discovering the accident;
 2059         (V) Not convicted of a moving traffic violation in
 2060  connection with the accident, but the operator of the other
 2061  automobile involved in such accident was convicted of a moving
 2062  traffic violation;
 2063         (VI) Finally adjudicated not to be liable by a court of
 2064  competent jurisdiction;
 2065         (VII) In receipt of a traffic citation which was dismissed
 2066  or nolle prossed; or
 2067         (VIII) Not at fault as evidenced by a written statement
 2068  from the insured establishing facts demonstrating lack of fault
 2069  which are not rebutted by information in the insurer’s file from
 2070  which the insurer in good faith determines that the insured was
 2071  substantially at fault.
 2072         c. In addition to the other provisions of this
 2073  subparagraph, an insurer may not fail to renew a policy if the
 2074  insured has had only one accident in which he or she was at
 2075  fault within the current 3-year period. However, an insurer may
 2076  nonrenew a policy for reasons other than accidents in accordance
 2077  with s. 627.728. This subparagraph does not prohibit nonrenewal
 2078  of a policy under which the insured has had three or more
 2079  accidents, regardless of fault, during the most recent 3-year
 2080  period.
 2081         4. Imposing or requesting an additional premium for, or
 2082  refusing to renew, a policy for motor vehicle insurance solely
 2083  because the insured committed a noncriminal traffic infraction
 2084  as described in s. 318.14 unless the infraction is:
 2085         a. A second infraction committed within an 18-month period,
 2086  or a third or subsequent infraction committed within a 36-month
 2087  period.
 2088         b. A violation of s. 316.183, when such violation is a
 2089  result of exceeding the lawful speed limit by more than 15 miles
 2090  per hour.
 2091         5. Upon the request of the insured, the insurer and
 2092  licensed agent shall supply to the insured the complete proof of
 2093  fault or other criteria which justifies the additional charge or
 2094  cancellation.
 2095         6. No insurer shall impose or request an additional premium
 2096  for motor vehicle insurance, cancel or refuse to issue a policy,
 2097  or refuse to renew a policy because the insured or the applicant
 2098  is a handicapped or physically disabled person, so long as such
 2099  handicap or physical disability does not substantially impair
 2100  such person’s mechanically assisted driving ability.
 2101         7. No insurer may cancel or otherwise terminate any
 2102  insurance contract or coverage, or require execution of a
 2103  consent to rate endorsement, during the stated policy term for
 2104  the purpose of offering to issue, or issuing, a similar or
 2105  identical contract or coverage to the same insured with the same
 2106  exposure at a higher premium rate or continuing an existing
 2107  contract or coverage with the same exposure at an increased
 2108  premium.
 2109         8. No insurer may issue a nonrenewal notice on any
 2110  insurance contract or coverage, or require execution of a
 2111  consent to rate endorsement, for the purpose of offering to
 2112  issue, or issuing, a similar or identical contract or coverage
 2113  to the same insured at a higher premium rate or continuing an
 2114  existing contract or coverage at an increased premium without
 2115  meeting any applicable notice requirements.
 2116         9. No insurer shall, with respect to premiums charged for
 2117  motor vehicle insurance, unfairly discriminate solely on the
 2118  basis of age, sex, marital status, or scholastic achievement.
 2119         10. Imposing or requesting an additional premium for motor
 2120  vehicle comprehensive or uninsured motorist coverage solely
 2121  because the insured was involved in a motor vehicle accident or
 2122  was convicted of a moving traffic violation.
 2123         11. No insurer shall cancel or issue a nonrenewal notice on
 2124  any insurance policy or contract without complying with any
 2125  applicable cancellation or nonrenewal provision required under
 2126  the Florida Insurance Code.
 2127         12. No insurer shall impose or request an additional
 2128  premium, cancel a policy, or issue a nonrenewal notice on any
 2129  insurance policy or contract because of any traffic infraction
 2130  when adjudication has been withheld and no points have been
 2131  assessed pursuant to s. 318.14(9) and (10). However, this
 2132  subparagraph does not apply to traffic infractions involving
 2133  accidents in which the insurer has incurred a loss due to the
 2134  fault of the insured.
 2135         Section 36. Paragraph (a) of subsection (1) of section
 2136  626.989, Florida Statutes, is amended to read:
 2137         626.989 Investigation by department or Division of
 2138  Investigative and Forensic Services; compliance; immunity;
 2139  confidential information; reports to division; division
 2140  investigator’s power of arrest.—
 2141         (1) For the purposes of this section:
 2142         (a) A person commits a “fraudulent insurance act” if the
 2143  person:
 2144         1. Knowingly and with intent to defraud presents, causes to
 2145  be presented, or prepares with knowledge or belief that it will
 2146  be presented, to or by an insurer, self-insurer, self-insurance
 2147  fund, servicing corporation, purported insurer, broker, or any
 2148  agent thereof, any written statement as part of, or in support
 2149  of, an application for the issuance of, or the rating of, any
 2150  insurance policy, or a claim for payment or other benefit
 2151  pursuant to any insurance policy, which the person knows to
 2152  contain materially false information concerning any fact
 2153  material thereto or if the person conceals, for the purpose of
 2154  misleading another, information concerning any fact material
 2155  thereto.
 2156         2. Knowingly submits:
 2157         a. A false, misleading, or fraudulent application or other
 2158  document when applying for licensure as a health care clinic,
 2159  seeking an exemption from licensure as a health care clinic, or
 2160  demonstrating compliance with part X of chapter 400 with an
 2161  intent to use the license, exemption from licensure, or
 2162  demonstration of compliance to provide services or seek
 2163  reimbursement under a motor vehicle liability insurance policy’s
 2164  medical payments coverage the Florida Motor Vehicle No-Fault
 2165  Law.
 2166         b. A claim for payment or other benefit under medical
 2167  payments coverage, pursuant to a personal injury protection
 2168  insurance policy under the Florida Motor Vehicle No-Fault Law if
 2169  the person knows that the payee knowingly submitted a false,
 2170  misleading, or fraudulent application or other document when
 2171  applying for licensure as a health care clinic, seeking an
 2172  exemption from licensure as a health care clinic, or
 2173  demonstrating compliance with part X of chapter 400.
 2174         Section 37. Subsection (1) of section 627.06501, Florida
 2175  Statutes, is amended to read:
 2176         627.06501 Insurance discounts for certain persons
 2177  completing driver improvement course.—
 2178         (1) Any rate, rating schedule, or rating manual for the
 2179  liability, medical payments personal injury protection, and
 2180  collision coverages of a motor vehicle insurance policy filed
 2181  with the office may provide for an appropriate reduction in
 2182  premium charges as to such coverages if when the principal
 2183  operator on the covered vehicle has successfully completed a
 2184  driver improvement course approved and certified by the
 2185  Department of Highway Safety and Motor Vehicles which is
 2186  effective in reducing crash or violation rates, or both, as
 2187  determined pursuant to s. 318.1451(5). Any discount, not to
 2188  exceed 10 percent, used by an insurer is presumed to be
 2189  appropriate unless credible data demonstrates otherwise.
 2190         Section 38. Subsection (15) is added to section 627.0651,
 2191  Florida Statutes, to read:
 2192         627.0651 Making and use of rates for motor vehicle
 2193  insurance.—
 2194         (15) Initial rate filings for motor vehicle liability
 2195  policies which are submitted to the office on or after January
 2196  1, 2022, must reflect the financial responsibility requirements
 2197  in s. 324.022 then in effect and may be approved only through
 2198  the file and use process under s. 627.0651(1)(a).
 2199         Section 39. Subsection (1) of section 627.0652, Florida
 2200  Statutes, is amended to read:
 2201         627.0652 Insurance discounts for certain persons completing
 2202  safety course.—
 2203         (1) Any rates, rating schedules, or rating manuals for the
 2204  liability, medical payments personal injury protection, and
 2205  collision coverages of a motor vehicle insurance policy filed
 2206  with the office must shall provide for an appropriate reduction
 2207  in premium charges as to such coverages if when the principal
 2208  operator on the covered vehicle is an insured 55 years of age or
 2209  older who has successfully completed a motor vehicle accident
 2210  prevention course approved by the Department of Highway Safety
 2211  and Motor Vehicles. Any discount used by an insurer is presumed
 2212  to be appropriate unless credible data demonstrates otherwise.
 2213         Section 40. Subsections (1), (3), and (6) of section
 2214  627.0653, Florida Statutes, are amended to read:
 2215         627.0653 Insurance discounts for specified motor vehicle
 2216  equipment.—
 2217         (1) Any rates, rating schedules, or rating manuals for the
 2218  liability, medical payments personal injury protection, and
 2219  collision coverages of a motor vehicle insurance policy filed
 2220  with the office must shall provide a premium discount if the
 2221  insured vehicle is equipped with factory-installed, four-wheel
 2222  antilock brakes.
 2223         (3) Any rates, rating schedules, or rating manuals for
 2224  personal injury protection coverage and medical payments
 2225  coverage, if offered, of a motor vehicle insurance policy filed
 2226  with the office must shall provide a premium discount if the
 2227  insured vehicle is equipped with one or more air bags that which
 2228  are factory installed.
 2229         (6) The Office of Insurance Regulation may approve a
 2230  premium discount to any rates, rating schedules, or rating
 2231  manuals for the liability, medical payments personal injury
 2232  protection, and collision coverages of a motor vehicle insurance
 2233  policy filed with the office if the insured vehicle is equipped
 2234  with an automated driving system or electronic vehicle collision
 2235  avoidance technology that is factory installed or a retrofitted
 2236  system and that complies with National Highway Traffic Safety
 2237  Administration standards.
 2238         Section 41. Section 627.4132, Florida Statutes, is amended
 2239  to read:
 2240         627.4132 Stacking of coverages prohibited.—If an insured or
 2241  named insured is protected by any type of motor vehicle
 2242  insurance policy for bodily injury and property damage
 2243  liability, personal injury protection, or other coverage, the
 2244  policy must shall provide that the insured or named insured is
 2245  protected only to the extent of the coverage she or he has on
 2246  the vehicle involved in the accident. However, if none of the
 2247  insured’s or named insured’s vehicles are is involved in the
 2248  accident, coverage is available only to the extent of coverage
 2249  on any one of the vehicles with applicable coverage. Coverage on
 2250  any other vehicles may shall not be added to or stacked upon
 2251  that coverage. This section does not apply:
 2252         (1) Apply to uninsured motorist coverage that which is
 2253  separately governed by s. 627.727.
 2254         (2) To Reduce the coverage available by reason of insurance
 2255  policies insuring different named insureds.
 2256         Section 42. Subsection (1) of section 627.4137, Florida
 2257  Statutes, is amended to read:
 2258         627.4137 Disclosure of certain information required.—
 2259         (1) Each insurer which does or may provide liability
 2260  insurance coverage to pay all or a portion of any claim which
 2261  might be made shall provide, within 30 days of the written
 2262  request of the claimant or the claimant’s attorney, a statement,
 2263  under oath, of a corporate officer or the insurer’s claims
 2264  manager or superintendent setting forth the following
 2265  information with regard to each known policy of insurance,
 2266  including excess or umbrella insurance:
 2267         (a) The name of the insurer.
 2268         (b) The name of each insured.
 2269         (c) The limits of the liability coverage.
 2270         (d) A statement of any policy or coverage defense which
 2271  such insurer reasonably believes is available to such insurer at
 2272  the time of filing such statement.
 2273         (e) A copy of the policy.
 2274  
 2275  In addition, the insured, or her or his insurance agent, upon
 2276  written request of the claimant or the claimant’s attorney,
 2277  shall disclose the name and coverage of each known insurer to
 2278  the claimant and shall forward such request for information as
 2279  required by this subsection to all affected insurers. The
 2280  insurer shall then supply the information required in this
 2281  subsection to the claimant within 30 days of receipt of such
 2282  request. If an insurer fails to timely comply with this section,
 2283  the claimant may file an action in a court of competent
 2284  jurisdiction to enforce this section. If the court determines
 2285  that the insurer violated this section, the claimant is entitled
 2286  to an award of reasonable attorney fees and costs to be paid by
 2287  the insurer.
 2288         Section 43. Section 627.7263, Florida Statutes, is amended
 2289  to read:
 2290         627.7263 Rental and leasing driver’s insurance to be
 2291  primary; exception.—
 2292         (1) The valid and collectible liability insurance and
 2293  medical payments coverage or personal injury protection
 2294  insurance providing coverage for the lessor of a motor vehicle
 2295  for rent or lease is primary unless otherwise stated in at least
 2296  10-point type on the face of the rental or lease agreement. Such
 2297  insurance is primary for the limits of liability and personal
 2298  injury protection coverage as required by s. 324.021(7) and the
 2299  medical payments coverage limit specified under s. 627.7265 ss.
 2300  324.021(7) and 627.736.
 2301         (2) If the lessee’s coverage is to be primary, the rental
 2302  or lease agreement must contain the following language, in at
 2303  least 10-point type:
 2304  
 2305         “The valid and collectible liability insurance and
 2306         medical payments coverage personal injury protection
 2307         insurance of an any authorized rental or leasing
 2308         driver is primary for the limits of liability and
 2309         personal injury protection coverage required under
 2310         section 324.021(7), Florida Statutes, and the medical
 2311         payments coverage limit specified under section
 2312         627.7265 by ss. 324.021(7) and 627.736, Florida
 2313         Statutes.”
 2314         Section 44. Section 627.7265, Florida Statutes, is created
 2315  to read:
 2316         627.7265 Motor vehicle insurance; medical payments
 2317  coverage.—
 2318         (1)Medical payments coverage must protect the named
 2319  insured, resident relatives, persons operating the insured motor
 2320  vehicle, passengers in the insured motor vehicle, and persons
 2321  who are struck by the insured motor vehicle and suffer bodily
 2322  injury while not an occupant of a self-propelled motor vehicle
 2323  at a limit of at least $5,000 for medical expense incurred due
 2324  to bodily injury, sickness, or disease arising out of the
 2325  ownership, maintenance, or use of a motor vehicle. Medical
 2326  payments coverage must pay for reasonable expenses for necessary
 2327  medical, diagnostic, and rehabilitative services that are
 2328  lawfully provided, supervised, ordered, or prescribed by a
 2329  physician licensed under chapter 458 or chapter 459, by a
 2330  dentist licensed under chapter 466, or by a chiropractic
 2331  physician licensed under chapter 460 or that are provided in a
 2332  hospital or in a facility that owns, or is wholly owned by, a
 2333  hospital. The coverage must provide an additional death benefit
 2334  of at least $5,000.
 2335         (a) Before issuing a motor vehicle liability insurance
 2336  policy that is furnished as proof of financial responsibility
 2337  under s. 324.031, the insurer must offer medical payments
 2338  coverage at limits of $5,000 and $10,000. The insurer may also
 2339  offer medical payments coverage at any limit greater than
 2340  $5,000.
 2341         (b)The medical payments coverage must be offered with an
 2342  option with no deductible. The insurer may also offer medical
 2343  payments coverage with a deductible not to exceed $500.
 2344         (c) This section may not be construed to limit any other
 2345  coverage made available by an insurer.
 2346         (2)Upon receiving notice of an accident that is
 2347  potentially covered by medical payments coverage benefits, the
 2348  insurer must reserve $5,000 of medical payments coverage
 2349  benefits for payment to physicians licensed under chapter 458 or
 2350  chapter 459 or dentists licensed under chapter 466 who provide
 2351  emergency services and care, as defined in s. 395.002, or who
 2352  provide hospital inpatient care. The amount required to be held
 2353  in reserve may be used only to pay claims from such physicians
 2354  or dentists until 30 days after the date the insurer receives
 2355  notice of the accident. After the 30-day period, any amount of
 2356  the reserve for which the insurer has not received notice of
 2357  such claims may be used by the insurer to pay other claims. This
 2358  subsection does not require an insurer to establish a claim
 2359  reserve for insurance accounting purposes.
 2360         (3)An insurer providing medical payments coverage benefits
 2361  may not:
 2362         (a)Seek a lien on any recovery in tort by judgment,
 2363  settlement, or otherwise for medical payments coverage benefits,
 2364  regardless of whether suit has been filed or settlement has been
 2365  reached without suit; or
 2366         (b)Bring a cause of action against a person to whom or for
 2367  whom medical payments coverage benefits were paid, except when
 2368  medical payments coverage benefits were paid by reason of fraud
 2369  committed by that person.
 2370         (4)An insurer providing medical payments coverage may
 2371  include provisions in its policy allowing for subrogation for
 2372  medical payments coverage benefits paid if the expenses giving
 2373  rise to the payments were caused by the wrongful act or omission
 2374  of another who is not also an insured under the policy paying
 2375  the medical payments coverage benefits. However, this
 2376  subrogation right is inferior to the rights of the injured
 2377  insured and is available only after all the insured’s damages
 2378  are recovered and the insured is made whole. An insured who
 2379  obtains a recovery from a third party of the full amount of the
 2380  damages sustained and delivers a release or satisfaction that
 2381  impairs a medical payments insurer’s subrogation right is liable
 2382  to the insurer for repayment of medical payments coverage
 2383  benefits less any expenses of acquiring the recovery, including
 2384  a prorated share of attorney fees and costs, and shall hold that
 2385  net recovery in trust to be delivered to the medical payments
 2386  insurer. The insurer may not include any provision in its policy
 2387  allowing for subrogation for any death benefit paid.
 2388         Section 45. Subsections (1) and (7) of section 627.727,
 2389  Florida Statutes, are amended to read:
 2390         627.727 Motor vehicle insurance; uninsured and underinsured
 2391  vehicle coverage; insolvent insurer protection.—
 2392         (1) A No motor vehicle liability insurance policy that
 2393  which provides bodily injury liability coverage may not shall be
 2394  delivered or issued for delivery in this state with respect to
 2395  any specifically insured or identified motor vehicle registered
 2396  or principally garaged in this state, unless uninsured motor
 2397  vehicle coverage is provided therein or supplemental thereto for
 2398  the protection of persons insured thereunder who are legally
 2399  entitled to recover damages from owners or operators of
 2400  uninsured motor vehicles because of bodily injury, sickness, or
 2401  disease, including death, resulting therefrom. However, the
 2402  coverage required under this section is not applicable if when,
 2403  or to the extent that, an insured named in the policy makes a
 2404  written rejection of the coverage on behalf of all insureds
 2405  under the policy. If When a motor vehicle is leased for a period
 2406  of 1 year or longer and the lessor of such vehicle, by the terms
 2407  of the lease contract, provides liability coverage on the leased
 2408  vehicle, the lessee of such vehicle has shall have the sole
 2409  privilege to reject uninsured motorist coverage or to select
 2410  lower limits than the bodily injury liability limits, regardless
 2411  of whether the lessor is qualified as a self-insurer pursuant to
 2412  s. 324.171. Unless an insured, or a lessee having the privilege
 2413  of rejecting uninsured motorist coverage, requests such coverage
 2414  or requests higher uninsured motorist limits in writing, the
 2415  coverage or such higher uninsured motorist limits need not be
 2416  provided in or supplemental to any other policy that which
 2417  renews, extends, changes, supersedes, or replaces an existing
 2418  policy with the same bodily injury liability limits when an
 2419  insured or lessee had rejected the coverage. When an insured or
 2420  lessee has initially selected limits of uninsured motorist
 2421  coverage lower than her or his bodily injury liability limits,
 2422  higher limits of uninsured motorist coverage need not be
 2423  provided in or supplemental to any other policy that which
 2424  renews, extends, changes, supersedes, or replaces an existing
 2425  policy with the same bodily injury liability limits unless an
 2426  insured requests higher uninsured motorist coverage in writing.
 2427  The rejection or selection of lower limits must shall be made on
 2428  a form approved by the office. The form must shall fully advise
 2429  the applicant of the nature of the coverage and must shall state
 2430  that the coverage is equal to bodily injury liability limits
 2431  unless lower limits are requested or the coverage is rejected.
 2432  The heading of the form must shall be in 12-point bold type and
 2433  must shall state: “You are electing not to purchase certain
 2434  valuable coverage that which protects you and your family or you
 2435  are purchasing uninsured motorist limits less than your bodily
 2436  injury liability limits when you sign this form. Please read
 2437  carefully.” If this form is signed by a named insured, it will
 2438  be conclusively presumed that there was an informed, knowing
 2439  rejection of coverage or election of lower limits on behalf of
 2440  all insureds. The insurer shall notify the named insured at
 2441  least annually of her or his options as to the coverage required
 2442  by this section. Such notice must shall be part of, and attached
 2443  to, the notice of premium, must shall provide for a means to
 2444  allow the insured to request such coverage, and must shall be
 2445  given in a manner approved by the office. Receipt of this notice
 2446  does not constitute an affirmative waiver of the insured’s right
 2447  to uninsured motorist coverage if where the insured has not
 2448  signed a selection or rejection form. The coverage described
 2449  under this section must shall be over and above, but may shall
 2450  not duplicate, the benefits available to an insured under any
 2451  workers’ compensation law, personal injury protection benefits,
 2452  disability benefits law, or similar law; under any automobile
 2453  medical payments expense coverage; under any motor vehicle
 2454  liability insurance coverage; or from the owner or operator of
 2455  the uninsured motor vehicle or any other person or organization
 2456  jointly or severally liable together with such owner or operator
 2457  for the accident,; and such coverage must shall cover the
 2458  difference, if any, between the sum of such benefits and the
 2459  damages sustained, up to the maximum amount of such coverage
 2460  provided under this section. The amount of coverage available
 2461  under this section may shall not be reduced by a setoff against
 2462  any coverage, including liability insurance. Such coverage does
 2463  shall not inure directly or indirectly to the benefit of any
 2464  workers’ compensation or disability benefits carrier or any
 2465  person or organization qualifying as a self-insurer under any
 2466  workers’ compensation or disability benefits law or similar law.
 2467         (7) The legal liability of an uninsured motorist coverage
 2468  insurer includes does not include damages in tort for pain,
 2469  suffering, disability or physical impairment, disfigurement,
 2470  mental anguish, and inconvenience, and the loss of capacity for
 2471  the enjoyment of life experienced in the past and to be
 2472  experienced in the future unless the injury or disease is
 2473  described in one or more of paragraphs (a)-(d) of s. 627.737(2).
 2474         Section 46. Subsection (1) and paragraphs (a) and (b) of
 2475  subsection (2) of section 627.7275, Florida Statutes, are
 2476  amended to read:
 2477         627.7275 Motor vehicle liability.—
 2478         (1) A motor vehicle insurance policy providing personal
 2479  injury protection as set forth in s. 627.736 may not be
 2480  delivered or issued for delivery in this state for a with
 2481  respect to any specifically insured or identified motor vehicle
 2482  registered or principally garaged in this state must provide
 2483  bodily injury liability coverage and unless the policy also
 2484  provides coverage for property damage liability coverage as
 2485  required under by s. 324.022.
 2486         (2)(a) Insurers writing motor vehicle insurance in this
 2487  state shall make available, subject to the insurers’ usual
 2488  underwriting restrictions:
 2489         1. Coverage under policies as described in subsection (1)
 2490  to an applicant for private passenger motor vehicle insurance
 2491  coverage who is seeking the coverage in order to reinstate the
 2492  applicant’s driving privileges in this state if the driving
 2493  privileges were revoked or suspended pursuant to s. 316.646 or
 2494  s. 324.0221 due to the failure of the applicant to maintain
 2495  required security.
 2496         2. Coverage under policies as described in subsection (1),
 2497  which includes bodily injury also provides liability coverage
 2498  and property damage liability coverage, for bodily injury,
 2499  death, and property damage arising out of the ownership,
 2500  maintenance, or use of the motor vehicle in an amount not less
 2501  than the minimum limits required under described in s.
 2502  324.021(7) or s. 324.023 and which conforms to the requirements
 2503  of s. 324.151, to an applicant for private passenger motor
 2504  vehicle insurance coverage who is seeking the coverage in order
 2505  to reinstate the applicant’s driving privileges in this state
 2506  after such privileges were revoked or suspended under s. 316.193
 2507  or s. 322.26(2) for driving under the influence.
 2508         (b) The policies described in paragraph (a) must shall be
 2509  issued for at least 6 months and, as to the minimum coverages
 2510  required under this section, may not be canceled by the insured
 2511  for any reason or by the insurer after 60 days, during which
 2512  period the insurer is completing the underwriting of the policy.
 2513  After the insurer has completed underwriting the policy, the
 2514  insurer shall notify the Department of Highway Safety and Motor
 2515  Vehicles that the policy is in full force and effect and is not
 2516  cancelable for the remainder of the policy period. A premium
 2517  must shall be collected and the coverage is in effect for the
 2518  60-day period during which the insurer is completing the
 2519  underwriting of the policy, whether or not the person’s driver
 2520  license, motor vehicle tag, and motor vehicle registration are
 2521  in effect. Once the noncancelable provisions of the policy
 2522  become effective, the bodily injury liability and property
 2523  damage liability coverages for bodily injury, property damage,
 2524  and personal injury protection may not be reduced below the
 2525  minimum limits required under s. 324.021 or s. 324.023 during
 2526  the policy period.
 2527         Section 47. Effective upon this act becoming a law, section
 2528  627.7278, Florida Statutes, is created to read:
 2529         627.7278Applicability and construction; notice to
 2530  policyholders.—
 2531         (1) As used in this section, the term “minimum security
 2532  requirements” means security that enables a person to respond in
 2533  damages for liability on account of crashes arising out of the
 2534  ownership, maintenance, or use of a motor vehicle, in the
 2535  amounts required by s. 324.021(7).
 2536         (2) Effective January 1, 2022:
 2537         (a) Motor vehicle insurance policies issued or renewed on
 2538  or after that date may not include personal injury protection.
 2539         (b) All persons subject to s. 324.022, s. 324.032, s.
 2540  627.7415, or s. 627.742 must maintain at least minimum security
 2541  requirements.
 2542         (c) Any new or renewal motor vehicle insurance policy
 2543  delivered or issued for delivery in this state must provide
 2544  coverage that complies with minimum security requirements.
 2545         (d) An existing motor vehicle insurance policy issued
 2546  before that date which provides personal injury protection and
 2547  property damage liability coverage that meets the requirements
 2548  of s. 324.022 on December 31, 2021, but which does not meet
 2549  minimum security requirements on or after January 1, 2022, is
 2550  deemed to meet the security requirements of s. 324.022 until
 2551  such policy is renewed, nonrenewed, or canceled on or after
 2552  January 1, 2022. Sections 627.730-627.7405, 400.9905, 400.991,
 2553  456.057, 456.072, 627.7263, 627.727, 627.748, 627.9541(1)(i),
 2554  and 817.234, Florida Statutes 2020, remain in full force and
 2555  effect for motor vehicle accidents covered under a policy issued
 2556  under the Florida Motor Vehicle No-Fault Law before January 1,
 2557  2022, until the policy is renewed, nonrenewed, or canceled.
 2558         (3) Each insurer shall allow each insured who has a new or
 2559  renewal policy providing personal injury protection which
 2560  becomes effective before January 1, 2022, and whose policy does
 2561  not meet minimum security requirements on or after January 1,
 2562  2022, to change coverages so as to eliminate personal injury
 2563  protection and obtain coverage providing minimum security
 2564  requirements, which shall be effective on or after January 1,
 2565  2022. The insurer is not required to provide coverage complying
 2566  with minimum security requirements in such policies if the
 2567  insured does not pay the required premium, if any, by January 1,
 2568  2022, or such later date as the insurer may allow. The insurer
 2569  also shall offer each insured medical payments coverage pursuant
 2570  to s. 627.7265. Any reduction in the premium must be refunded by
 2571  the insurer. The insurer may not impose on the insured an
 2572  additional fee or charge that applies solely to a change in
 2573  coverage; however, the insurer may charge an additional required
 2574  premium that is actuarially indicated.
 2575         (4) By September 1, 2021, each motor vehicle insurer shall
 2576  provide notice of this section to each motor vehicle
 2577  policyholder who is subject to this section. The notice is
 2578  subject to approval by the office and must clearly inform the
 2579  policyholder that:
 2580         (a) The Florida Motor Vehicle No-Fault Law is repealed
 2581  effective January 1, 2022, and that on or after that date, the
 2582  insured is no longer required to maintain personal injury
 2583  protection insurance coverage, that personal injury protection
 2584  coverage is no longer available for purchase in this state, and
 2585  that all new or renewal policies issued on or after that date
 2586  will not contain that coverage.
 2587         (b) Effective January 1, 2022, a person subject to the
 2588  financial responsibility requirements of s. 324.022 must
 2589  maintain minimum security requirements that enable the person to
 2590  respond to damages for liability on account of accidents arising
 2591  out of the use of a motor vehicle in the following amounts:
 2592         1. Twenty-five thousand dollars for bodily injury to, or
 2593  the death of, one person in any one crash and, subject to such
 2594  limits for one person, in the amount of $50,000 for bodily
 2595  injury to, or the death of, two or more persons in any one
 2596  crash; and
 2597         2.Ten thousand dollars for damage to, or destruction of,
 2598  the property of others in any one crash.
 2599         (c) Bodily injury liability coverage protects the insured,
 2600  up to the coverage limits, against loss if the insured is
 2601  legally responsible for the death of or bodily injury to others
 2602  in a motor vehicle accident.
 2603         (d) Effective January 1, 2022, each policyholder of motor
 2604  vehicle liability insurance purchased as proof of financial
 2605  responsibility must be offered medical payments coverage
 2606  benefits that comply with s. 627.7265. The insurer must offer
 2607  medical payments coverage at limits of $5,000 and $10,000
 2608  without a deductible. The insurer may also offer medical
 2609  payments coverage at other limits greater than $5,000, and may
 2610  offer coverage with a deductible of up to $500. Medical payments
 2611  coverage pays covered medical expenses, up to the limits of such
 2612  coverage, for injuries sustained in a motor vehicle crash by the
 2613  named insured, resident relatives, persons operating the insured
 2614  motor vehicle, passengers in the insured motor vehicle, and
 2615  persons who are struck by the insured motor vehicle and suffer
 2616  bodily injury while not an occupant of a self-propelled motor
 2617  vehicle as provided in s. 627.7265. Medical payments coverage
 2618  pays for reasonable expenses for necessary medical, diagnostic,
 2619  and rehabilitative services that are lawfully provided,
 2620  supervised, ordered, or prescribed by a physician licensed under
 2621  chapter 458 or chapter 459, by a dentist licensed under chapter
 2622  466, or by a chiropractic physician licensed under chapter 460
 2623  or that are provided in a hospital or in a facility that owns,
 2624  or is wholly owned by, a hospital. Medical payments coverage
 2625  also provides a death benefit of at least $5,000.
 2626         (e) The policyholder may obtain uninsured and underinsured
 2627  motorist coverage, which provides benefits, up to the limits of
 2628  such coverage, to a policyholder or other insured entitled to
 2629  recover damages for bodily injury, sickness, disease, or death
 2630  resulting from a motor vehicle accident with an uninsured or
 2631  underinsured owner or operator of a motor vehicle.
 2632         (f) If the policyholder’s new or renewal motor vehicle
 2633  insurance policy is effective before January 1, 2022, and
 2634  contains personal injury protection and property damage
 2635  liability coverage as required by state law before January 1,
 2636  2022, but does not meet minimum security requirements on or
 2637  after January 1, 2022, the policy is deemed to meet minimum
 2638  security requirements until it is renewed, nonrenewed, or
 2639  canceled on or after January 1, 2022.
 2640         (g) A policyholder whose new or renewal policy becomes
 2641  effective before January 1, 2022, but does not meet minimum
 2642  security requirements on or after January 1, 2022, may change
 2643  coverages under the policy so as to eliminate personal injury
 2644  protection and to obtain coverage providing minimum security
 2645  requirements, including bodily injury liability coverage, which
 2646  are effective on or after January 1, 2022.
 2647         (h) If the policyholder has any questions, he or she should
 2648  contact the person named at the telephone number provided in the
 2649  notice.
 2650         Section 48. Paragraph (a) of subsection (1) of section
 2651  627.728, Florida Statutes, is amended to read:
 2652         627.728 Cancellations; nonrenewals.—
 2653         (1) As used in this section, the term:
 2654         (a) “Policy” means the bodily injury and property damage
 2655  liability, personal injury protection, medical payments,
 2656  comprehensive, collision, and uninsured motorist coverage
 2657  portions of a policy of motor vehicle insurance delivered or
 2658  issued for delivery in this state:
 2659         1. Insuring a natural person as named insured or one or
 2660  more related individuals who are residents resident of the same
 2661  household; and
 2662         2. Insuring only a motor vehicle of the private passenger
 2663  type or station wagon type which is not used as a public or
 2664  livery conveyance for passengers or rented to others; or
 2665  insuring any other four-wheel motor vehicle having a load
 2666  capacity of 1,500 pounds or less which is not used in the
 2667  occupation, profession, or business of the insured other than
 2668  farming; other than any policy issued under an automobile
 2669  insurance assigned risk plan or covering garage, automobile
 2670  sales agency, repair shop, service station, or public parking
 2671  place operation hazards.
 2672  
 2673  The term “policy” does not include a binder as defined in s.
 2674  627.420 unless the duration of the binder period exceeds 60
 2675  days.
 2676         Section 49. Subsection (1), paragraph (a) of subsection
 2677  (5), and subsections (6) and (7) of section 627.7295, Florida
 2678  Statutes, are amended to read:
 2679         627.7295 Motor vehicle insurance contracts.—
 2680         (1) As used in this section, the term:
 2681         (a) “Policy” means a motor vehicle insurance policy that
 2682  provides bodily injury liability personal injury protection
 2683  coverage and, property damage liability coverage, or both.
 2684         (b) “Binder” means a binder that provides motor vehicle
 2685  bodily injury liability coverage personal injury protection and
 2686  property damage liability coverage.
 2687         (5)(a) A licensed general lines agent may charge a per
 2688  policy fee of up to not to exceed $10 to cover the
 2689  administrative costs of the agent associated with selling the
 2690  motor vehicle insurance policy if the policy covers only bodily
 2691  injury liability coverage personal injury protection coverage as
 2692  provided by s. 627.736 and property damage liability coverage as
 2693  provided by s. 627.7275 and if no other insurance is sold or
 2694  issued in conjunction with or collateral to the policy. The fee
 2695  is not considered part of the premium.
 2696         (6) If a motor vehicle owner’s driver license, license
 2697  plate, and registration have previously been suspended pursuant
 2698  to s. 316.646 or s. 627.733, an insurer may cancel a new policy
 2699  only as provided in s. 627.7275.
 2700         (7) A policy of private passenger motor vehicle insurance
 2701  or a binder for such a policy may be initially issued in this
 2702  state only if, before the effective date of such binder or
 2703  policy, the insurer or agent has collected from the insured an
 2704  amount equal to at least 1 month’s premium. An insurer, agent,
 2705  or premium finance company may not, directly or indirectly, take
 2706  any action that results resulting in the insured paying having
 2707  paid from the insured’s own funds an amount less than the 1
 2708  month’s premium required by this subsection. This subsection
 2709  applies without regard to whether the premium is financed by a
 2710  premium finance company or is paid pursuant to a periodic
 2711  payment plan of an insurer or an insurance agent.
 2712         (a) This subsection does not apply:
 2713         1. If an insured or member of the insured’s family is
 2714  renewing or replacing a policy or a binder for such policy
 2715  written by the same insurer or a member of the same insurer
 2716  group. This subsection does not apply
 2717         2. To an insurer that issues private passenger motor
 2718  vehicle coverage primarily to active duty or former military
 2719  personnel or their dependents. This subsection does not apply
 2720         3. If all policy payments are paid pursuant to a payroll
 2721  deduction plan, an automatic electronic funds transfer payment
 2722  plan from the policyholder, or a recurring credit card or debit
 2723  card agreement with the insurer.
 2724         (b) This subsection and subsection (4) do not apply if:
 2725         1. All policy payments to an insurer are paid pursuant to
 2726  an automatic electronic funds transfer payment plan from an
 2727  agent, a managing general agent, or a premium finance company
 2728  and if the policy includes, at a minimum, bodily injury
 2729  liability coverage and personal injury protection pursuant to
 2730  ss. 627.730-627.7405; motor vehicle property damage liability
 2731  coverage pursuant to s. 627.7275; or and bodily injury liability
 2732  in at least the amount of $10,000 because of bodily injury to,
 2733  or death of, one person in any one accident and in the amount of
 2734  $20,000 because of bodily injury to, or death of, two or more
 2735  persons in any one accident. This subsection and subsection (4)
 2736  do not apply if
 2737         2. An insured has had a policy in effect for at least 6
 2738  months, the insured’s agent is terminated by the insurer that
 2739  issued the policy, and the insured obtains coverage on the
 2740  policy’s renewal date with a new company through the terminated
 2741  agent.
 2742         Section 50. Section 627.7415, Florida Statutes, is amended
 2743  to read:
 2744         627.7415 Commercial motor vehicles; additional liability
 2745  insurance coverage.—Beginning January 1, 2022, commercial motor
 2746  vehicles, as defined in s. 207.002 or s. 320.01, operated upon
 2747  the roads and highways of this state must shall be insured with
 2748  the following minimum levels of combined bodily liability
 2749  insurance and property damage liability insurance in addition to
 2750  any other insurance requirements:
 2751         (1) Sixty Fifty thousand dollars per occurrence for a
 2752  commercial motor vehicle with a gross vehicle weight of 26,000
 2753  pounds or more, but less than 35,000 pounds.
 2754         (2) One hundred twenty thousand dollars per occurrence for
 2755  a commercial motor vehicle with a gross vehicle weight of 35,000
 2756  pounds or more, but less than 44,000 pounds.
 2757         (3) Three hundred thousand dollars per occurrence for a
 2758  commercial motor vehicle with a gross vehicle weight of 44,000
 2759  pounds or more.
 2760         (4) All commercial motor vehicles subject to regulations of
 2761  the United States Department of Transportation, 49 C.F.R. part
 2762  387, subpart A, and as may be hereinafter amended, shall be
 2763  insured in an amount equivalent to the minimum levels of
 2764  financial responsibility as set forth in such regulations.
 2765  
 2766  A violation of this section is a noncriminal traffic infraction,
 2767  punishable as a nonmoving violation as provided in chapter 318.
 2768         Section 51. Section 627.747, Florida Statutes, is created
 2769  to read:
 2770         627.747 Named driver exclusion.—
 2771         (1) A private passenger motor vehicle policy may exclude an
 2772  identified individual from the following coverages while the
 2773  identified individual is operating a motor vehicle, provided
 2774  that the identified individual is specifically excluded by name
 2775  on the declarations page or by endorsement, and the policyholder
 2776  consents in writing to the exclusion:
 2777         (a) Property damage liability coverage.
 2778         (b) Bodily injury liability coverage.
 2779         (c) Uninsured motorist coverage for any damages sustained
 2780  by the identified excluded individual, if the policyholder has
 2781  purchased such coverage.
 2782         (d) Any coverage the policyholder is not required by law to
 2783  purchase.
 2784         (2) A private passenger motor vehicle policy may not
 2785  exclude coverage when:
 2786         (a) The identified excluded individual is injured while not
 2787  operating a motor vehicle;
 2788         (b)The exclusion is unfairly discriminatory under the
 2789  Florida Insurance Code, as determined by the office; or
 2790         (c)The exclusion is inconsistent with the underwriting
 2791  rules filed by the insurer pursuant to s. 627.0651(13)(a).
 2792         Section 52. Paragraphs (b), (c), and (g) of subsection (7),
 2793  paragraphs (a) and (b) of subsection (8), and paragraph (b) of
 2794  subsection (16) of section 627.748, Florida Statutes, are
 2795  amended to read:
 2796         627.748 Transportation network companies.—
 2797         (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE
 2798  REQUIREMENTS.—
 2799         (b) The following automobile insurance requirements apply
 2800  while a participating TNC driver is logged on to the digital
 2801  network but is not engaged in a prearranged ride:
 2802         1. Automobile insurance that provides:
 2803         a. A primary automobile liability coverage of at least
 2804  $50,000 for death and bodily injury per person, $100,000 for
 2805  death and bodily injury per incident, and $25,000 for property
 2806  damage; and
 2807         b. Personal injury protection benefits that meet the
 2808  minimum coverage amounts required under ss. 627.730-627.7405;
 2809  and
 2810         c. Uninsured and underinsured vehicle coverage as required
 2811  by s. 627.727.
 2812         2. The coverage requirements of this paragraph may be
 2813  satisfied by any of the following:
 2814         a. Automobile insurance maintained by the TNC driver or the
 2815  TNC vehicle owner;
 2816         b. Automobile insurance maintained by the TNC; or
 2817         c. A combination of sub-subparagraphs a. and b.
 2818         (c) The following automobile insurance requirements apply
 2819  while a TNC driver is engaged in a prearranged ride:
 2820         1. Automobile insurance that provides:
 2821         a. A primary automobile liability coverage of at least $1
 2822  million for death, bodily injury, and property damage; and
 2823         b. Personal injury protection benefits that meet the
 2824  minimum coverage amounts required of a limousine under ss.
 2825  627.730-627.7405; and
 2826         c. Uninsured and underinsured vehicle coverage as required
 2827  by s. 627.727.
 2828         2. The coverage requirements of this paragraph may be
 2829  satisfied by any of the following:
 2830         a. Automobile insurance maintained by the TNC driver or the
 2831  TNC vehicle owner;
 2832         b. Automobile insurance maintained by the TNC; or
 2833         c. A combination of sub-subparagraphs a. and b.
 2834         (g) Insurance satisfying the requirements under this
 2835  subsection is deemed to satisfy the financial responsibility
 2836  requirement for a motor vehicle under chapter 324 and the
 2837  security required under s. 627.733 for any period when the TNC
 2838  driver is logged onto the digital network or engaged in a
 2839  prearranged ride.
 2840         (8) TRANSPORTATION NETWORK COMPANY AND INSURER; DISCLOSURE;
 2841  EXCLUSIONS.—
 2842         (a) Before a TNC driver is allowed to accept a request for
 2843  a prearranged ride on the digital network, the TNC must disclose
 2844  in writing to the TNC driver:
 2845         1. The insurance coverage, including the types of coverage
 2846  and the limits for each coverage, which the TNC provides while
 2847  the TNC driver uses a TNC vehicle in connection with the TNC’s
 2848  digital network.
 2849         2. That the TNC driver’s own automobile insurance policy
 2850  might not provide any coverage while the TNC driver is logged on
 2851  to the digital network or is engaged in a prearranged ride,
 2852  depending on the terms of the TNC driver’s own automobile
 2853  insurance policy.
 2854         3. That the provision of rides for compensation which are
 2855  not prearranged rides subjects the driver to the coverage
 2856  requirements imposed under s. 324.032(1) and (2) and that
 2857  failure to meet such coverage requirements subjects the TNC
 2858  driver to penalties provided in s. 324.221, up to and including
 2859  a misdemeanor of the second degree.
 2860         (b)1. An insurer that provides an automobile liability
 2861  insurance policy under this part may exclude any and all
 2862  coverage afforded under the policy issued to an owner or
 2863  operator of a TNC vehicle while driving that vehicle for any
 2864  loss or injury that occurs while a TNC driver is logged on to a
 2865  digital network or while a TNC driver provides a prearranged
 2866  ride. Exclusions imposed under this subsection are limited to
 2867  coverage while a TNC driver is logged on to a digital network or
 2868  while a TNC driver provides a prearranged ride. This right to
 2869  exclude all coverage may apply to any coverage included in an
 2870  automobile insurance policy, including, but not limited to:
 2871         a. Liability coverage for bodily injury and property
 2872  damage;
 2873         b. Uninsured and underinsured motorist coverage;
 2874         c. Medical payments coverage;
 2875         d. Comprehensive physical damage coverage; and
 2876         e. Collision physical damage coverage; and
 2877         f.Personal injury protection.
 2878         2. The exclusions described in subparagraph 1. apply
 2879  notwithstanding any requirement under chapter 324. These
 2880  exclusions do not affect or diminish coverage otherwise
 2881  available for permissive drivers or resident relatives under the
 2882  personal automobile insurance policy of the TNC driver or owner
 2883  of the TNC vehicle who are not occupying the TNC vehicle at the
 2884  time of loss. This section does not require that a personal
 2885  automobile insurance policy provide coverage while the TNC
 2886  driver is logged on to a digital network, while the TNC driver
 2887  is engaged in a prearranged ride, or while the TNC driver
 2888  otherwise uses a vehicle to transport riders for compensation.
 2889         3. This section must not be construed to require an insurer
 2890  to use any particular policy language or reference to this
 2891  section in order to exclude any and all coverage for any loss or
 2892  injury that occurs while a TNC driver is logged on to a digital
 2893  network or while a TNC driver provides a prearranged ride.
 2894         4. This section does not preclude an insurer from providing
 2895  primary or excess coverage for the TNC driver’s vehicle by
 2896  contract or endorsement.
 2897         (16) LUXURY GROUND TRANSPORTATION NETWORK COMPANIES.—
 2898         (b) An entity may elect, upon written notification to the
 2899  department, to be regulated as a luxury ground TNC. A luxury
 2900  ground TNC must:
 2901         1. Comply with all of the requirements of this section
 2902  applicable to a TNC, including subsection (17), which do not
 2903  conflict with subparagraph 2. or which do not prohibit the
 2904  company from connecting riders to drivers who operate for-hire
 2905  vehicles as defined in s. 320.01(15), including limousines and
 2906  luxury sedans and excluding taxicabs.
 2907         2. Maintain insurance coverage as required by subsection
 2908  (7). However, if a prospective luxury ground TNC satisfies
 2909  minimum financial responsibility through compliance with s.
 2910  324.032(3) s. 324.032(2) by using self-insurance when it gives
 2911  the department written notification of its election to be
 2912  regulated as a luxury ground TNC, the luxury ground TNC may use
 2913  self-insurance to meet the insurance requirements of subsection
 2914  (7), so long as such self-insurance complies with s. 324.032(3)
 2915  s. 324.032(2) and provides the limits of liability required by
 2916  subsection (7).
 2917         Section 53. Paragraph (a) of subsection (2) of section
 2918  627.749, Florida Statutes, is amended to read:
 2919         627.749 Autonomous vehicles; insurance requirements.—
 2920         (2) INSURANCE REQUIREMENTS.—
 2921         (a) A fully autonomous vehicle with the automated driving
 2922  system engaged while logged on to an on-demand autonomous
 2923  vehicle network or engaged in a prearranged ride must be covered
 2924  by a policy of automobile insurance which provides:
 2925         1. Primary liability coverage of at least $1 million for
 2926  death, bodily injury, and property damage.
 2927         2. Personal injury protection benefits that meet the
 2928  minimum coverage amounts required under ss. 627.730-627.7405.
 2929         3. Uninsured and underinsured vehicle coverage as required
 2930  by s. 627.727.
 2931         Section 54. Section 627.8405, Florida Statutes, is amended
 2932  to read:
 2933         627.8405 Prohibited acts; financing companies.—A No premium
 2934  finance company shall, in a premium finance agreement or other
 2935  agreement, may not finance the cost of or otherwise provide for
 2936  the collection or remittance of dues, assessments, fees, or
 2937  other periodic payments of money for the cost of:
 2938         (1) A membership in an automobile club. The term
 2939  “automobile club” means a legal entity that which, in
 2940  consideration of dues, assessments, or periodic payments of
 2941  money, promises its members or subscribers to assist them in
 2942  matters relating to the ownership, operation, use, or
 2943  maintenance of a motor vehicle; however, the term this
 2944  definition of “automobile club” does not include persons,
 2945  associations, or corporations which are organized and operated
 2946  solely for the purpose of conducting, sponsoring, or sanctioning
 2947  motor vehicle races, exhibitions, or contests upon racetracks,
 2948  or upon racecourses established and marked as such for the
 2949  duration of such particular events. As used in this subsection,
 2950  the term words “motor vehicle” has used herein have the same
 2951  meaning as defined in chapter 320.
 2952         (2) An accidental death and dismemberment policy sold in
 2953  combination with a policy providing only bodily injury liability
 2954  coverage personal injury protection and property damage
 2955  liability coverage only policy.
 2956         (3) Any product not regulated under the provisions of this
 2957  insurance code.
 2958  
 2959  This section also applies to premium financing by any insurance
 2960  agent or insurance company under part XVI. The commission shall
 2961  adopt rules to assure disclosure, at the time of sale, of
 2962  coverages financed with personal injury protection and shall
 2963  prescribe the form of such disclosure.
 2964         Section 55. Subsection (1) of section 627.915, Florida
 2965  Statutes, is amended to read:
 2966         627.915 Insurer experience reporting.—
 2967         (1) Each insurer transacting private passenger automobile
 2968  insurance in this state shall report certain information
 2969  annually to the office. The information will be due on or before
 2970  July 1 of each year. The information must shall be divided into
 2971  the following categories: bodily injury liability; property
 2972  damage liability; uninsured motorist; personal injury protection
 2973  benefits; medical payments; and comprehensive and collision. The
 2974  information given must shall be on direct insurance writings in
 2975  the state alone and shall represent total limits data. The
 2976  information set forth in paragraphs (a)-(f) is applicable to
 2977  voluntary private passenger and Joint Underwriting Association
 2978  private passenger writings and must shall be reported for each
 2979  of the latest 3 calendar-accident years, with an evaluation date
 2980  of March 31 of the current year. The information set forth in
 2981  paragraphs (g)-(j) is applicable to voluntary private passenger
 2982  writings and must shall be reported on a calendar-accident year
 2983  basis ultimately seven times at seven different stages of
 2984  development.
 2985         (a) Premiums earned for the latest 3 calendar-accident
 2986  years.
 2987         (b) Loss development factors and the historic development
 2988  of those factors.
 2989         (c) Policyholder dividends incurred.
 2990         (d) Expenses for other acquisition and general expense.
 2991         (e) Expenses for agents’ commissions and taxes, licenses,
 2992  and fees.
 2993         (f) Profit and contingency factors as utilized in the
 2994  insurer’s automobile rate filings for the applicable years.
 2995         (g) Losses paid.
 2996         (h) Losses unpaid.
 2997         (i) Loss adjustment expenses paid.
 2998         (j) Loss adjustment expenses unpaid.
 2999         Section 56. Subsections (2) and (3) of section 628.909,
 3000  Florida Statutes, are amended to read:
 3001         628.909 Applicability of other laws.—
 3002         (2) The following provisions of the Florida Insurance Code
 3003  apply to captive insurance companies that who are not industrial
 3004  insured captive insurance companies to the extent that such
 3005  provisions are not inconsistent with this part:
 3006         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 3007  624.40851, 624.4095, 624.411, 624.425, and 624.426.
 3008         (b) Chapter 625, part II.
 3009         (c) Chapter 626, part IX.
 3010         (d) Sections 627.730-627.7405, when no-fault coverage is
 3011  provided.
 3012         (e) Chapter 628.
 3013         (3) The following provisions of the Florida Insurance Code
 3014  shall apply to industrial insured captive insurance companies to
 3015  the extent that such provisions are not inconsistent with this
 3016  part:
 3017         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 3018  624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1).
 3019         (b) Chapter 625, part II, if the industrial insured captive
 3020  insurance company is incorporated in this state.
 3021         (c) Chapter 626, part IX.
 3022         (d) Sections 627.730-627.7405 when no-fault coverage is
 3023  provided.
 3024         (e) Chapter 628, except for ss. 628.341, 628.351, and
 3025  628.6018.
 3026         Section 57. Subsections (2), (6), and (7) of section
 3027  705.184, Florida Statutes, are amended to read:
 3028         705.184 Derelict or abandoned motor vehicles on the
 3029  premises of public-use airports.—
 3030         (2) The airport director or the director’s designee shall
 3031  contact the Department of Highway Safety and Motor Vehicles to
 3032  notify that department that the airport has possession of the
 3033  abandoned or derelict motor vehicle and to determine the name
 3034  and address of the owner of the motor vehicle, the insurance
 3035  company insuring the motor vehicle, notwithstanding the
 3036  provisions of s. 627.736, and any person who has filed a lien on
 3037  the motor vehicle. Within 7 business days after receipt of the
 3038  information, the director or the director’s designee shall send
 3039  notice by certified mail, return receipt requested, to the owner
 3040  of the motor vehicle, the insurance company insuring the motor
 3041  vehicle, notwithstanding the provisions of s. 627.736, and all
 3042  persons of record claiming a lien against the motor vehicle. The
 3043  notice must shall state the fact of possession of the motor
 3044  vehicle, that charges for reasonable towing, storage, and
 3045  parking fees, if any, have accrued and the amount thereof, that
 3046  a lien as provided in subsection (6) will be claimed, that the
 3047  lien is subject to enforcement pursuant to law, that the owner
 3048  or lienholder, if any, has the right to a hearing as set forth
 3049  in subsection (4), and that any motor vehicle which, at the end
 3050  of 30 calendar days after receipt of the notice, has not been
 3051  removed from the airport upon payment in full of all accrued
 3052  charges for reasonable towing, storage, and parking fees, if
 3053  any, may be disposed of as provided in s. 705.182(2)(a), (b),
 3054  (d), or (e), including, but not limited to, the motor vehicle
 3055  being sold free of all prior liens after 35 calendar days after
 3056  the time the motor vehicle is stored if any prior liens on the
 3057  motor vehicle are more than 5 years of age or after 50 calendar
 3058  days after the time the motor vehicle is stored if any prior
 3059  liens on the motor vehicle are 5 years of age or less.
 3060         (6) The airport pursuant to this section or, if used, a
 3061  licensed independent wrecker company pursuant to s. 713.78 shall
 3062  have a lien on an abandoned or derelict motor vehicle for all
 3063  reasonable towing, storage, and accrued parking fees, if any,
 3064  except that no storage fee may shall be charged if the motor
 3065  vehicle is stored less than 6 hours. As a prerequisite to
 3066  perfecting a lien under this section, the airport director or
 3067  the director’s designee must serve a notice in accordance with
 3068  subsection (2) on the owner of the motor vehicle, the insurance
 3069  company insuring the motor vehicle, notwithstanding the
 3070  provisions of s. 627.736, and all persons of record claiming a
 3071  lien against the motor vehicle. If attempts to notify the owner,
 3072  the insurance company insuring the motor vehicle,
 3073  notwithstanding the provisions of s. 627.736, or lienholders are
 3074  not successful, the requirement of notice by mail shall be
 3075  considered met. Serving of the notice does not dispense with
 3076  recording the claim of lien.
 3077         (7)(a) For the purpose of perfecting its lien under this
 3078  section, the airport shall record a claim of lien which states
 3079  shall state:
 3080         1. The name and address of the airport.
 3081         2. The name of the owner of the motor vehicle, the
 3082  insurance company insuring the motor vehicle, notwithstanding
 3083  the provisions of s. 627.736, and all persons of record claiming
 3084  a lien against the motor vehicle.
 3085         3. The costs incurred from reasonable towing, storage, and
 3086  parking fees, if any.
 3087         4. A description of the motor vehicle sufficient for
 3088  identification.
 3089         (b) The claim of lien must shall be signed and sworn to or
 3090  affirmed by the airport director or the director’s designee.
 3091         (c) The claim of lien is shall be sufficient if it is in
 3092  substantially the following form:
 3093  
 3094                            CLAIM OF LIEN                          
 3095  State of ........
 3096  County of ........
 3097  Before me, the undersigned notary public, personally appeared
 3098  ........, who was duly sworn and says that he/she is the
 3099  ........ of ............, whose address is........; and that the
 3100  following described motor vehicle:
 3101  ...(Description of motor vehicle)...
 3102  owned by ........, whose address is ........, has accrued
 3103  $........ in fees for a reasonable tow, for storage, and for
 3104  parking, if applicable; that the lienor served its notice to the
 3105  owner, the insurance company insuring the motor vehicle
 3106  notwithstanding the provisions of s. 627.736, Florida Statutes,
 3107  and all persons of record claiming a lien against the motor
 3108  vehicle on ...., ...(year)..., by.........
 3109  ...(Signature)...
 3110  Sworn to (or affirmed) and subscribed before me this .... day of
 3111  ...., ...(year)..., by ...(name of person making statement)....
 3112  ...(Signature of Notary Public)......(Print, Type, or Stamp
 3113  Commissioned name of Notary Public)...
 3114  Personally Known....OR Produced....as identification.
 3115  
 3116  However, the negligent inclusion or omission of any information
 3117  in this claim of lien which does not prejudice the owner does
 3118  not constitute a default that operates to defeat an otherwise
 3119  valid lien.
 3120         (d) The claim of lien must shall be served on the owner of
 3121  the motor vehicle, the insurance company insuring the motor
 3122  vehicle, notwithstanding the provisions of s. 627.736, and all
 3123  persons of record claiming a lien against the motor vehicle. If
 3124  attempts to notify the owner, the insurance company insuring the
 3125  motor vehicle notwithstanding the provisions of s. 627.736, or
 3126  lienholders are not successful, the requirement of notice by
 3127  mail shall be considered met. The claim of lien must shall be so
 3128  served before recordation.
 3129         (e) The claim of lien must shall be recorded with the clerk
 3130  of court in the county where the airport is located. The
 3131  recording of the claim of lien shall be constructive notice to
 3132  all persons of the contents and effect of such claim. The lien
 3133  attaches shall attach at the time of recordation and takes shall
 3134  take priority as of that time.
 3135         Section 58. Subsection (4) of section 713.78, Florida
 3136  Statutes, is amended to read:
 3137         713.78 Liens for recovering, towing, or storing vehicles
 3138  and vessels.—
 3139         (4)(a) A person regularly engaged in the business of
 3140  recovering, towing, or storing vehicles or vessels who comes
 3141  into possession of a vehicle or vessel pursuant to subsection
 3142  (2), and who claims a lien for recovery, towing, or storage
 3143  services, shall give notice, by certified mail, to the
 3144  registered owner, the insurance company insuring the vehicle
 3145  notwithstanding s. 627.736, and all persons claiming a lien
 3146  thereon, as disclosed by the records in the Department of
 3147  Highway Safety and Motor Vehicles or as disclosed by the records
 3148  of any corresponding agency in any other state in which the
 3149  vehicle is identified through a records check of the National
 3150  Motor Vehicle Title Information System or an equivalent
 3151  commercially available system as being titled or registered.
 3152         (b) Whenever a law enforcement agency authorizes the
 3153  removal of a vehicle or vessel or whenever a towing service,
 3154  garage, repair shop, or automotive service, storage, or parking
 3155  place notifies the law enforcement agency of possession of a
 3156  vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
 3157  enforcement agency of the jurisdiction where the vehicle or
 3158  vessel is stored shall contact the Department of Highway Safety
 3159  and Motor Vehicles, or the appropriate agency of the state of
 3160  registration, if known, within 24 hours through the medium of
 3161  electronic communications, giving the full description of the
 3162  vehicle or vessel. Upon receipt of the full description of the
 3163  vehicle or vessel, the department shall search its files to
 3164  determine the owner’s name, the insurance company insuring the
 3165  vehicle or vessel, and whether any person has filed a lien upon
 3166  the vehicle or vessel as provided in s. 319.27(2) and (3) and
 3167  notify the applicable law enforcement agency within 72 hours.
 3168  The person in charge of the towing service, garage, repair shop,
 3169  or automotive service, storage, or parking place shall obtain
 3170  such information from the applicable law enforcement agency
 3171  within 5 days after the date of storage and shall give notice
 3172  pursuant to paragraph (a). The department may release the
 3173  insurance company information to the requestor notwithstanding
 3174  s. 627.736.
 3175         (c) The notice of lien must be sent by certified mail to
 3176  the registered owner, the insurance company insuring the vehicle
 3177  notwithstanding s. 627.736, and all other persons claiming a
 3178  lien thereon within 7 business days, excluding Saturday and
 3179  Sunday, after the date of storage of the vehicle or vessel.
 3180  However, in no event shall the notice of lien be sent less than
 3181  30 days before the sale of the vehicle or vessel. The notice
 3182  must state:
 3183         1. If the claim of lien is for a vehicle, the last 8 digits
 3184  of the vehicle identification number of the vehicle subject to
 3185  the lien, or, if the claim of lien is for a vessel, the hull
 3186  identification number of the vessel subject to the lien, clearly
 3187  printed in the delivery address box and on the outside of the
 3188  envelope sent to the registered owner and all other persons
 3189  claiming an interest therein or lien thereon.
 3190         2. The name, physical address, and telephone number of the
 3191  lienor, and the entity name, as registered with the Division of
 3192  Corporations, of the business where the towing and storage
 3193  occurred, which must also appear on the outside of the envelope
 3194  sent to the registered owner and all other persons claiming an
 3195  interest in or lien on the vehicle or vessel.
 3196         3. The fact of possession of the vehicle or vessel.
 3197         4. The name of the person or entity that authorized the
 3198  lienor to take possession of the vehicle or vessel.
 3199         5. That a lien as provided in subsection (2) is claimed.
 3200         6. That charges have accrued and include an itemized
 3201  statement of the amount thereof.
 3202         7. That the lien is subject to enforcement under law and
 3203  that the owner or lienholder, if any, has the right to a hearing
 3204  as set forth in subsection (5).
 3205         8. That any vehicle or vessel that remains unclaimed, or
 3206  for which the charges for recovery, towing, or storage services
 3207  remain unpaid, may be sold free of all prior liens 35 days after
 3208  the vehicle or vessel is stored by the lienor if the vehicle or
 3209  vessel is more than 3 years of age or 50 days after the vehicle
 3210  or vessel is stored by the lienor if the vehicle or vessel is 3
 3211  years of age or less.
 3212         9. The address at which the vehicle or vessel is physically
 3213  located.
 3214         (d) The notice of lien may not be sent to the registered
 3215  owner, the insurance company insuring the vehicle or vessel, and
 3216  all other persons claiming a lien thereon less than 30 days
 3217  before the sale of the vehicle or vessel.
 3218         (e) If attempts to locate the name and address of the owner
 3219  or lienholder prove unsuccessful, the towing-storage operator
 3220  shall, after 7 business days, excluding Saturday and Sunday,
 3221  after the initial tow or storage, notify the public agency of
 3222  jurisdiction where the vehicle or vessel is stored in writing by
 3223  certified mail or acknowledged hand delivery that the towing
 3224  storage company has been unable to locate the name and address
 3225  of the owner or lienholder and a physical search of the vehicle
 3226  or vessel has disclosed no ownership information and a good
 3227  faith effort has been made, including records checks of the
 3228  Department of Highway Safety and Motor Vehicles database and the
 3229  National Motor Vehicle Title Information System or an equivalent
 3230  commercially available system. For purposes of this paragraph
 3231  and subsection (9), the term “good faith effort” means that the
 3232  following checks have been performed by the company to establish
 3233  the prior state of registration and for title:
 3234         1. A check of the department’s database for the owner and
 3235  any lienholder.
 3236         2. A check of the electronic National Motor Vehicle Title
 3237  Information System or an equivalent commercially available
 3238  system to determine the state of registration when there is not
 3239  a current registration record for the vehicle or vessel on file
 3240  with the department.
 3241         3. A check of the vehicle or vessel for any type of tag,
 3242  tag record, temporary tag, or regular tag.
 3243         4. A check of the law enforcement report for a tag number
 3244  or other information identifying the vehicle or vessel, if the
 3245  vehicle or vessel was towed at the request of a law enforcement
 3246  officer.
 3247         5. A check of the trip sheet or tow ticket of the tow truck
 3248  operator to determine whether a tag was on the vehicle or vessel
 3249  at the beginning of the tow, if a private tow.
 3250         6. If there is no address of the owner on the impound
 3251  report, a check of the law enforcement report to determine
 3252  whether an out-of-state address is indicated from driver license
 3253  information.
 3254         7. A check of the vehicle or vessel for an inspection
 3255  sticker or other stickers and decals that may indicate a state
 3256  of possible registration.
 3257         8. A check of the interior of the vehicle or vessel for any
 3258  papers that may be in the glove box, trunk, or other areas for a
 3259  state of registration.
 3260         9. A check of the vehicle for a vehicle identification
 3261  number.
 3262         10. A check of the vessel for a vessel registration number.
 3263         11. A check of the vessel hull for a hull identification
 3264  number which should be carved, burned, stamped, embossed, or
 3265  otherwise permanently affixed to the outboard side of the
 3266  transom or, if there is no transom, to the outmost seaboard side
 3267  at the end of the hull that bears the rudder or other steering
 3268  mechanism.
 3269         Section 59. Paragraph (a) of subsection (1), paragraph (c)
 3270  of subsection (7), paragraphs (a), (b), and (c) of subsection
 3271  (8), and subsections (9) and (10) of section 817.234, Florida
 3272  Statutes, are amended to read:
 3273         817.234 False and fraudulent insurance claims.—
 3274         (1)(a) A person commits insurance fraud punishable as
 3275  provided in subsection (11) if that person, with the intent to
 3276  injure, defraud, or deceive any insurer:
 3277         1. Presents or causes to be presented any written or oral
 3278  statement as part of, or in support of, a claim for payment or
 3279  other benefit pursuant to an insurance policy or a health
 3280  maintenance organization subscriber or provider contract,
 3281  knowing that such statement contains any false, incomplete, or
 3282  misleading information concerning any fact or thing material to
 3283  such claim;
 3284         2. Prepares or makes any written or oral statement that is
 3285  intended to be presented to an any insurer in connection with,
 3286  or in support of, any claim for payment or other benefit
 3287  pursuant to an insurance policy or a health maintenance
 3288  organization subscriber or provider contract, knowing that such
 3289  statement contains any false, incomplete, or misleading
 3290  information concerning any fact or thing material to such claim;
 3291         3.a. Knowingly presents, causes to be presented, or
 3292  prepares or makes with knowledge or belief that it will be
 3293  presented to an any insurer, purported insurer, servicing
 3294  corporation, insurance broker, or insurance agent, or any
 3295  employee or agent thereof, any false, incomplete, or misleading
 3296  information or a written or oral statement as part of, or in
 3297  support of, an application for the issuance of, or the rating
 3298  of, any insurance policy, or a health maintenance organization
 3299  subscriber or provider contract; or
 3300         b. Knowingly conceals information concerning any fact
 3301  material to such application; or
 3302         4. Knowingly presents, causes to be presented, or prepares
 3303  or makes with knowledge or belief that it will be presented to
 3304  any insurer a claim for payment or other benefit under medical
 3305  payments coverage in a motor vehicle a personal injury
 3306  protection insurance policy if the person knows that the payee
 3307  knowingly submitted a false, misleading, or fraudulent
 3308  application or other document when applying for licensure as a
 3309  health care clinic, seeking an exemption from licensure as a
 3310  health care clinic, or demonstrating compliance with part X of
 3311  chapter 400.
 3312         (7)
 3313         (c) An insurer, or any person acting at the direction of or
 3314  on behalf of an insurer, may not change an opinion in a mental
 3315  or physical report prepared under s. 627.736(7) or direct the
 3316  physician preparing the report to change such opinion; however,
 3317  this provision does not preclude the insurer from calling to the
 3318  attention of the physician errors of fact in the report based
 3319  upon information in the claim file. Any person who violates this
 3320  paragraph commits a felony of the third degree, punishable as
 3321  provided in s. 775.082, s. 775.083, or s. 775.084.
 3322         (8)(a) It is unlawful for any person intending to defraud
 3323  any other person to solicit or cause to be solicited any
 3324  business from a person involved in a motor vehicle accident for
 3325  the purpose of making, adjusting, or settling motor vehicle tort
 3326  claims or claims for benefits under medical payments coverage in
 3327  a motor vehicle insurance policy personal injury protection
 3328  benefits required by s. 627.736. Any person who violates the
 3329  provisions of this paragraph commits a felony of the second
 3330  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 3331  775.084. A person who is convicted of a violation of this
 3332  subsection shall be sentenced to a minimum term of imprisonment
 3333  of 2 years.
 3334         (b) A person may not solicit or cause to be solicited any
 3335  business from a person involved in a motor vehicle accident by
 3336  any means of communication other than advertising directed to
 3337  the public for the purpose of making motor vehicle tort claims
 3338  or claims for benefits under medical payments coverage in a
 3339  motor vehicle insurance policy personal injury protection
 3340  benefits required by s. 627.736, within 60 days after the
 3341  occurrence of the motor vehicle accident. Any person who
 3342  violates this paragraph commits a felony of the third degree,
 3343  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 3344         (c) A lawyer, health care practitioner as defined in s.
 3345  456.001, or owner or medical director of a clinic required to be
 3346  licensed pursuant to s. 400.9905 may not, at any time after 60
 3347  days have elapsed from the occurrence of a motor vehicle
 3348  accident, solicit or cause to be solicited any business from a
 3349  person involved in a motor vehicle accident by means of in
 3350  person or telephone contact at the person’s residence, for the
 3351  purpose of making motor vehicle tort claims or claims for
 3352  benefits under medical payments coverage in a motor vehicle
 3353  insurance policy personal injury protection benefits required by
 3354  s. 627.736. Any person who violates this paragraph commits a
 3355  felony of the third degree, punishable as provided in s.
 3356  775.082, s. 775.083, or s. 775.084.
 3357         (9) A person may not organize, plan, or knowingly
 3358  participate in an intentional motor vehicle crash or a scheme to
 3359  create documentation of a motor vehicle crash that did not occur
 3360  for the purpose of making motor vehicle tort claims or claims
 3361  for benefits under medical payments coverage in a motor vehicle
 3362  insurance policy personal injury protection benefits as required
 3363  by s. 627.736. Any person who violates this subsection commits a
 3364  felony of the second degree, punishable as provided in s.
 3365  775.082, s. 775.083, or s. 775.084. A person who is convicted of
 3366  a violation of this subsection shall be sentenced to a minimum
 3367  term of imprisonment of 2 years.
 3368         (10) A licensed health care practitioner who is found
 3369  guilty of insurance fraud under this section for an act relating
 3370  to a motor vehicle personal injury protection insurance policy
 3371  loses his or her license to practice for 5 years and may not
 3372  receive reimbursement under medical payments coverage in a motor
 3373  vehicle insurance policy for personal injury protection benefits
 3374  for 10 years.
 3375         Section 60. For the 2021-2022 fiscal year, the sum of
 3376  $83,651 in nonrecurring funds is appropriated from the Insurance
 3377  Regulatory Trust Fund to the Office of Insurance Regulation for
 3378  the purpose of implementing this act.
 3379         Section 61. Except as otherwise expressly provided in this
 3380  act and except for this section, which shall take effect upon
 3381  this act becoming a law, this act shall take effect January 1,
 3382  2022.