Florida Senate - 2023                                     SB 586
       
       
        
       By Senator Grall
       
       
       
       
       
       29-00580-23                                            2023586__
    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. 316.2122,
    9         F.S.; conforming a provision to changes made by the
   10         act; amending s. 316.646, F.S.; revising a requirement
   11         for proof of security on a motor vehicle and the
   12         applicability of the requirement; amending s. 318.18,
   13         F.S.; conforming a provision to changes made by the
   14         act; amending s. 320.02, F.S.; revising the motor
   15         vehicle insurance coverages that an applicant must
   16         show to register certain vehicles with the Department
   17         of Highway Safety and Motor Vehicles; conforming a
   18         provision to changes made by the act; revising
   19         construction; amending s. 320.0609, F.S.; conforming a
   20         provision to changes made by the act; amending s.
   21         320.27, F.S.; defining the term “garage liability
   22         insurance”; revising garage liability insurance
   23         requirements for motor vehicle dealer license
   24         applicants; conforming a provision to changes made by
   25         the act; amending s. 320.771, F.S.; revising garage
   26         liability insurance requirements for recreational
   27         vehicle dealer license applicants; amending ss.
   28         322.251 and 322.34, F.S.; conforming provisions to
   29         changes made by the act; amending s. 324.011, F.S.;
   30         revising legislative intent; amending s. 324.021,
   31         F.S.; revising and providing definitions; revising
   32         minimum coverage requirements for proof of financial
   33         responsibility for specified motor vehicles;
   34         conforming provisions to changes made by the act;
   35         amending s. 324.022, F.S.; revising minimum liability
   36         coverage requirements for motor vehicle owners or
   37         operators; revising authorized methods for meeting
   38         such requirements; deleting a provision relating to an
   39         insurer’s duty to defend certain claims; revising the
   40         vehicles that are excluded from the definition of the
   41         term “motor vehicle”; providing security requirements
   42         for certain excluded vehicles; conforming provisions
   43         to changes made by the act; amending s. 324.0221,
   44         F.S.; revising coverages that subject a policy to
   45         certain insurer reporting and notice requirements;
   46         conforming provisions to changes made by the act;
   47         creating s. 324.0222, F.S.; providing that driver
   48         license or motor vehicle registration suspensions for
   49         failure to maintain required security which are in
   50         effect before a specified date remain in full force
   51         and effect; providing that such suspended licenses or
   52         registrations may be reinstated as provided in a
   53         specified section; amending s. 324.023, F.S.;
   54         conforming cross-references; amending s. 324.031,
   55         F.S.; specifying a method of proving financial
   56         responsibility by owners or operators of motor
   57         vehicles other than for-hire passenger transportation
   58         vehicles; revising the amount of a certificate of
   59         deposit required to elect a certain method of proof of
   60         financial responsibility; revising liability coverage
   61         requirements for a person electing to use such method;
   62         amending s. 324.032, F.S.; revising financial
   63         responsibility requirements for owners or lessees of
   64         for-hire passenger transportation vehicles; amending
   65         s. 324.051, F.S.; making technical changes; specifying
   66         that motor vehicles include motorcycles for purposes
   67         of the section; amending ss. 324.071 and 324.091,
   68         F.S.; making technical changes; amending s. 324.151,
   69         F.S.; revising requirements for motor vehicle
   70         liability insurance policies relating to coverage, and
   71         exclusion from coverage, for certain drivers and
   72         vehicles; conforming provisions to changes made by the
   73         act; making technical changes; defining terms;
   74         amending s. 324.161, F.S.; revising requirements for a
   75         certificate of deposit that is required if a person
   76         elects a certain method of proving financial
   77         responsibility; amending s. 324.171, F.S.; revising
   78         the minimum net worth requirements to qualify certain
   79         persons as self-insurers; conforming provisions to
   80         changes made by the act; amending s. 324.251, F.S.;
   81         revising a short title and an effective date; amending
   82         s. 400.9905, F.S.; revising the definition of the term
   83         “clinic”; amending ss. 400.991 and 400.9935, F.S.;
   84         conforming provisions to changes made by the act;
   85         amending s. 409.901, F.S.; revising the definition of
   86         the term “third-party benefit”; amending s. 409.910,
   87         F.S.; 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 “upcode”; 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 third-party claim actions against any insurer
  101         for a loss arising out of the ownership, maintenance,
  102         or use of a motor vehicle under specified
  103         circumstances; providing construction; providing that
  104         insurers have a duty of good faith; providing
  105         construction; defining the term “bad faith failure to
  106         settle”; requiring insurers to meet best practices
  107         standards; providing circumstances under which a
  108         notice is not effective; providing that the burden is
  109         on the party bringing the bad faith claim; specifying
  110         best practices standards for insurers upon receiving
  111         actual notice of certain incidents or losses;
  112         specifying certain requirements for insurer
  113         communications to an insured; requiring an insurer to
  114         initiate settlement negotiations under certain
  115         circumstances; specifying requirements for the insurer
  116         when multiple claims arise out of a single occurrence
  117         under certain conditions; providing construction;
  118         requiring an insurer to attempt to settle a claim on
  119         behalf of certain insureds under certain
  120         circumstances; providing for a defense to bad faith
  121         actions; providing that insureds have a duty to
  122         cooperate; requiring an insured to take certain
  123         reasonable actions necessary to settle covered claims;
  124         providing requirements for disclosures by insureds;
  125         requiring insurers to provide certain notice to
  126         insureds within a specified timeframe; providing that
  127         insurers may terminate certain defenses under certain
  128         circumstances; providing that a trier of fact may not
  129         attribute an insurer’s failure to settle certain
  130         claims to specified causes under certain
  131         circumstances; specifying conditions precedent for
  132         claimants filing bad faith failure to settle third
  133         party claim actions; providing that an insurer is
  134         entitled to a reasonable opportunity to investigate
  135         and evaluate claims under certain circumstances;
  136         providing that insurers may not be held liable for the
  137         failure to accept a settlement offer within a certain
  138         timeframe if certain conditions are met; providing
  139         that an insurer is not required to automatically
  140         tender policy limits within a certain timeframe in
  141         every case; requiring the party bringing a bad faith
  142         failure to settle action to prove every element by the
  143         greater weight of the evidence; specifying burdens of
  144         proof for insurers relying on specified defenses;
  145         limiting damages under certain circumstances;
  146         providing construction; amending s. 626.9541, F.S.;
  147         conforming a provision to changes made by the act;
  148         revising certain prohibited acts related to specified
  149         insurance coverage payment requirements; amending s.
  150         626.989, F.S.; revising the definition of the term
  151         “fraudulent insurance act”; amending s. 627.06501,
  152         F.S.; revising coverages that may provide for a
  153         reduction in motor vehicle insurance policy premium
  154         charges under certain circumstances; amending s.
  155         627.0651, F.S.; specifying requirements for rate
  156         filings for motor vehicle liability policies that
  157         implement requirements in effect on a specified date;
  158         requiring such filings to be approved through a
  159         certain process; amending s. 627.0652, F.S.; revising
  160         coverages that must provide a premium charge reduction
  161         under certain circumstances; amending s. 627.0653,
  162         F.S.; revising coverages that are subject to premium
  163         discounts for specified motor vehicle equipment;
  164         amending s. 627.4132, F.S.; revising coverages that
  165         are subject to a stacking prohibition; amending s.
  166         627.4137, F.S.; requiring that insurers disclose
  167         certain information at the request of a claimant’s
  168         attorney; authorizing a claimant to file an action
  169         under certain circumstances; providing for the award
  170         of reasonable attorney fees and costs under certain
  171         circumstances; amending s. 627.7263, F.S.; revising
  172         coverages that are deemed primary, except under
  173         certain circumstances, for the lessor of a motor
  174         vehicle for lease or rent; revising a notice that is
  175         required if the lessee’s coverage is to be primary;
  176         creating s. 627.7265, F.S.; specifying persons whom
  177         medical payments coverage must protect; specifying the
  178         minimum medical expense limits; specifying coverage
  179         options that an insurer is required and authorized to
  180         offer; providing construction relating to limits on
  181         certain other coverages; requiring insurers, upon
  182         receiving certain notice of an accident, to hold a
  183         specified reserve for certain purposes for a certain
  184         timeframe; providing that the reserve requirement does
  185         not require insurers to establish a claim reserve for
  186         accounting purposes; prohibiting an insurer providing
  187         medical payments coverage benefits from seeking a lien
  188         on a certain recovery and bringing a certain cause of
  189         action; authorizing insurers to include policy
  190         provisions allowing for subrogation, under certain
  191         circumstances, for medical payments benefits paid;
  192         providing construction; specifying a requirement for
  193         an insured for repayment of medical payments benefits
  194         under certain circumstances; prohibiting insurers from
  195         including policy provisions allowing for subrogation
  196         for death benefits paid; amending s. 627.727, F.S.;
  197         conforming provisions to changes made by the act;
  198         revising the legal liability of an uninsured motorist
  199         coverage insurer; amending s. 627.7275, F.S.; revising
  200         required coverages for a motor vehicle insurance
  201         policy; conforming provisions to changes made by the
  202         act; creating s. 627.72761, F.S.; requiring motor
  203         vehicle insurance policies to provide death benefits;
  204         specifying requirements for such benefits; specifying
  205         persons to whom such benefits may and may not be paid;
  206         creating s. 627.7278, F.S.; defining the term “minimum
  207         security requirements”; providing a prohibition,
  208         requirements, applicability, and construction relating
  209         to motor vehicle insurance policies as of a certain
  210         date; requiring insurers to allow certain insureds to
  211         make certain coverage changes, subject to certain
  212         conditions; requiring an insurer to provide, by a
  213         specified date, a specified notice to policyholders
  214         relating to requirements under the act; amending s.
  215         627.728, F.S.; conforming a provision to changes made
  216         by the act; amending s. 627.7295, F.S.; revising the
  217         definitions of the terms “policy” and “binder”;
  218         revising the coverages of a motor vehicle insurance
  219         policy for which a licensed general lines agent may
  220         charge a specified fee; conforming provisions to
  221         changes made by the act; amending s. 627.7415, F.S.;
  222         revising additional liability insurance requirements
  223         for commercial motor vehicles; amending s. 627.747,
  224         F.S.; conforming provisions to changes made by the
  225         act; amending s. 627.748, F.S.; revising insurance
  226         requirements for transportation network company
  227         drivers; conforming provisions to changes made by the
  228         act; conforming cross-references; amending s.
  229         627.7483, F.S.; conforming provisions to changes made
  230         by the act; amending s. 627.749, F.S.; conforming a
  231         provision to changes made by the act; amending s.
  232         627.8405, F.S.; revising coverages in a policy sold in
  233         combination with an accidental death and dismemberment
  234         policy which a premium finance company may not
  235         finance; revising rulemaking authority of the
  236         Financial Services Commission; amending ss. 627.915,
  237         628.909, 705.184, and 713.78, F.S.; conforming
  238         provisions to changes made by the act; amending s.
  239         817.234, F.S.; revising coverages that are the basis
  240         of specified prohibited false and fraudulent insurance
  241         claims; conforming provisions to changes made by the
  242         act; deleting provisions relating to prohibited
  243         changes in certain mental or physical reports;
  244         providing an appropriation; providing effective dates.
  245          
  246  Be It Enacted by the Legislature of the State of Florida:
  247  
  248         Section 1. Sections 627.730, 627.731, 627.7311, 627.732,
  249  627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,
  250  and 627.7405, Florida Statutes, are repealed.
  251         Section 2. Section 627.7407, Florida Statutes, is repealed.
  252         Section 3. Paragraph (e) of subsection (2) of section
  253  316.2122, Florida Statutes, is amended to read:
  254         316.2122 Operation of a low-speed vehicle, mini truck, or
  255  low-speed autonomous delivery vehicle on certain roadways.—
  256         (2) The operation of a low-speed autonomous delivery
  257  vehicle on any road is authorized with the following
  258  restrictions:
  259         (e) A low-speed autonomous delivery vehicle must be covered
  260  by a policy of automobile insurance which provides the coverage
  261  required by s. 627.749(2)(a)1. and, 2., and 3. The coverage
  262  requirements of this paragraph may be satisfied by automobile
  263  insurance maintained by the owner of a low-speed autonomous
  264  delivery vehicle, the owner of the teleoperation system, the
  265  remote human operator, or a combination thereof.
  266         Section 4. Subsection (1) of section 316.646, Florida
  267  Statutes, is amended to read:
  268         316.646 Security required; proof of security and display
  269  thereof.—
  270         (1) Any person required by s. 324.022 to maintain liability
  271  security for property damage, liability security, required by s.
  272  324.023 to maintain liability security for bodily injury, or
  273  death, or required by s. 627.733 to maintain personal injury
  274  protection security on a motor vehicle shall have in his or her
  275  immediate possession at all times while operating a such motor
  276  vehicle proper proof of maintenance of the required security
  277  required under s. 324.021(7).
  278         (a) Such proof must shall be in a uniform paper or
  279  electronic format, as prescribed by the department, a valid
  280  insurance policy, an insurance policy binder, a certificate of
  281  insurance, or such other proof as may be prescribed by the
  282  department.
  283         (b)1. The act of presenting to a law enforcement officer an
  284  electronic device displaying proof of insurance in an electronic
  285  format does not constitute consent for the officer to access any
  286  information on the device other than the displayed proof of
  287  insurance.
  288         2. The person who presents the device to the officer
  289  assumes the liability for any resulting damage to the device.
  290         Section 5. Paragraph (b) of subsection (2) of section
  291  318.18, Florida Statutes, is amended to read:
  292         318.18 Amount of penalties.—The penalties required for a
  293  noncriminal disposition pursuant to s. 318.14 or a criminal
  294  offense listed in s. 318.17 are as follows:
  295         (2) Thirty dollars for all nonmoving traffic violations
  296  and:
  297         (b) For all violations of ss. 320.0605, 320.07(1), 322.065,
  298  and 322.15(1). A Any person who is cited for a violation of s.
  299  320.07(1) shall be charged a delinquent fee pursuant to s.
  300  320.07(4).
  301         1. If a person who is cited for a violation of s. 320.0605
  302  or s. 320.07 can show proof of having a valid registration at
  303  the time of arrest, the clerk of the court may dismiss the case
  304  and may assess a dismissal fee of up to $10, from which the
  305  clerk shall remit $2.50 to the Department of Revenue for deposit
  306  into the General Revenue Fund. A person who finds it impossible
  307  or impractical to obtain a valid registration certificate must
  308  submit an affidavit detailing the reasons for the impossibility
  309  or impracticality. The reasons may include, but are not limited
  310  to, the fact that the vehicle was sold, stolen, or destroyed;
  311  that the state in which the vehicle is registered does not issue
  312  a certificate of registration; or that the vehicle is owned by
  313  another person.
  314         2. If a person who is cited for a violation of s. 322.03,
  315  s. 322.065, or s. 322.15 can show a driver license issued to him
  316  or her and valid at the time of arrest, the clerk of the court
  317  may dismiss the case and may assess a dismissal fee of up to
  318  $10, from which the clerk shall remit $2.50 to the Department of
  319  Revenue for deposit into the General Revenue Fund.
  320         3. If a person who is cited for a violation of s. 316.646
  321  can show proof of security as required by s. 324.021(7) s.
  322  627.733, issued to the person and valid at the time of arrest,
  323  the clerk of the court may dismiss the case and may assess a
  324  dismissal fee of up to $10, from which the clerk shall remit
  325  $2.50 to the Department of Revenue for deposit into the General
  326  Revenue Fund. A person who finds it impossible or impractical to
  327  obtain proof of security must submit an affidavit detailing the
  328  reasons for the impracticality. The reasons may include, but are
  329  not limited to, the fact that the vehicle has since been sold,
  330  stolen, or destroyed; that the owner or registrant of the
  331  vehicle is not required by s. 627.733 to maintain personal
  332  injury protection insurance; or that the vehicle is owned by
  333  another person.
  334         Section 6. Paragraphs (a) and (d) of subsection (5) of
  335  section 320.02, Florida Statutes, are amended to read:
  336         320.02 Registration required; application for registration;
  337  forms.—
  338         (5)(a) Proof that bodily injury liability coverage and
  339  property damage liability coverage personal injury protection
  340  benefits have been purchased if required under s. 324.022, s.
  341  324.032, or s. 627.742 s. 627.733, that property damage
  342  liability coverage has been purchased as required under s.
  343  324.022, that bodily injury liability or death coverage has been
  344  purchased if required under s. 324.023, and that combined bodily
  345  liability insurance and property damage liability insurance have
  346  been purchased if required under s. 627.7415 must shall be
  347  provided in the manner prescribed by law by the applicant at the
  348  time of application for registration of any motor vehicle that
  349  is subject to such requirements. The issuing agent may not shall
  350  refuse to issue registration if such proof of purchase is not
  351  provided. Insurers shall furnish uniform proof-of-purchase cards
  352  in a paper or electronic format in a form prescribed by the
  353  department and include the name of the insured’s insurance
  354  company, the coverage identification number, and the make, year,
  355  and vehicle identification number of the vehicle insured. The
  356  card must contain a statement notifying the applicant of the
  357  penalty specified under s. 316.646(4). The card or insurance
  358  policy, insurance policy binder, or certificate of insurance or
  359  a photocopy of any of these; an affidavit containing the name of
  360  the insured’s insurance company, the insured’s policy number,
  361  and the make and year of the vehicle insured; or such other
  362  proof as may be prescribed by the department constitutes shall
  363  constitute sufficient proof of purchase. If an affidavit is
  364  provided as proof, it must be in substantially the following
  365  form:
  366  
  367  Under penalty of perjury, I ...(Name of insured)... do hereby
  368  certify that I have ...(bodily injury liability and Personal
  369  Injury Protection, property damage liability, and, if required,
  370  Bodily Injury Liability)... insurance currently in effect with
  371  ...(Name of insurance company)... under ...(policy number)...
  372  covering ...(make, year, and vehicle identification number of
  373  vehicle).... ...(Signature of Insured)...
  374  
  375  Such affidavit must include the following warning:
  376  
  377  WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
  378  REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
  379  LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
  380  SUBJECT TO PROSECUTION.
  381  
  382  If an application is made through a licensed motor vehicle
  383  dealer as required under s. 319.23, the original or a photocopy
  384  photostatic copy of such card, insurance policy, insurance
  385  policy binder, or certificate of insurance or the original
  386  affidavit from the insured must shall be forwarded by the dealer
  387  to the tax collector of the county or the Department of Highway
  388  Safety and Motor Vehicles for processing. By executing the
  389  aforesaid affidavit, a no licensed motor vehicle dealer is not
  390  will be liable in damages for any inadequacy, insufficiency, or
  391  falsification of any statement contained therein. A card must
  392  also indicate the existence of any bodily injury liability
  393  insurance voluntarily purchased.
  394         (d) The verifying of proof of personal injury protection
  395  insurance, proof of property damage liability insurance, proof
  396  of combined bodily liability insurance and property damage
  397  liability insurance, or proof of financial responsibility
  398  insurance and the issuance or failure to issue the motor vehicle
  399  registration under the provisions of this chapter may not be
  400  construed in any court as a warranty of the reliability or
  401  accuracy of the evidence of such proof or as meaning that the
  402  provisions of any insurance policy furnished as proof of
  403  financial responsibility comply with state law. Neither the
  404  department nor any tax collector is liable in damages for any
  405  inadequacy, insufficiency, falsification, or unauthorized
  406  modification of any item of the proof of personal injury
  407  protection insurance, proof of property damage liability
  408  insurance, proof of combined bodily liability insurance and
  409  property damage liability insurance, or proof of financial
  410  responsibility before insurance prior to, during, or subsequent
  411  to the verification of the proof. The issuance of a motor
  412  vehicle registration does not constitute prima facie evidence or
  413  a presumption of insurance coverage.
  414         Section 7. Paragraph (b) of subsection (1) of section
  415  320.0609, Florida Statutes, is amended to read:
  416         320.0609 Transfer and exchange of registration license
  417  plates; transfer fee.—
  418         (1)
  419         (b) The transfer of a license plate from a vehicle disposed
  420  of to a newly acquired vehicle does not constitute a new
  421  registration. The application for transfer must shall be
  422  accepted without requiring proof of personal injury protection
  423  or liability insurance.
  424         Section 8. Subsection (3) of section 320.27, Florida
  425  Statutes, is amended, and paragraph (g) is added to subsection
  426  (1) of that section, to read:
  427         320.27 Motor vehicle dealers.—
  428         (1) DEFINITIONS.—The following words, terms, and phrases
  429  when used in this section have the meanings respectively
  430  ascribed to them in this subsection, except where the context
  431  clearly indicates a different meaning:
  432         (g)“Garage liability insurance” means, beginning July 1,
  433  2024, combined single-limit liability coverage, including
  434  property damage and bodily injury liability coverage, in the
  435  amount of at least $60,000.
  436         (3) APPLICATION AND FEE.—The application for the license
  437  application must shall be in such form as may be prescribed by
  438  the department and is shall be subject to such rules with
  439  respect thereto as may be so prescribed by the department it.
  440  Such application must shall be verified by oath or affirmation
  441  and must shall contain a full statement of the name and birth
  442  date of the person or persons applying for the license therefor;
  443  the name of the firm or copartnership, with the names and places
  444  of residence of all members thereof, if such applicant is a firm
  445  or copartnership; the names and places of residence of the
  446  principal officers, if the applicant is a body corporate or
  447  other artificial body; the name of the state under whose laws
  448  the corporation is organized; the present and former place or
  449  places of residence of the applicant; and the prior business in
  450  which the applicant has been engaged and its the location
  451  thereof. The Such application must shall describe the exact
  452  location of the place of business and must shall state whether
  453  the place of business is owned by the applicant and when
  454  acquired, or, if leased, a true copy of the lease must shall be
  455  attached to the application. The applicant shall certify that
  456  the location provides an adequately equipped office and is not a
  457  residence; that the location affords sufficient unoccupied space
  458  upon and within which adequately to store all motor vehicles
  459  offered and displayed for sale; and that the location is a
  460  suitable place where the applicant can in good faith carry on
  461  such business and keep and maintain books, records, and files
  462  necessary to conduct such business, which must shall be
  463  available at all reasonable hours to inspection by the
  464  department or any of its inspectors or other employees. The
  465  applicant shall certify that the business of a motor vehicle
  466  dealer is the principal business that will which shall be
  467  conducted at that location. The application must shall contain a
  468  statement that the applicant is either franchised by a
  469  manufacturer of motor vehicles, in which case the name of each
  470  motor vehicle that the applicant is franchised to sell must
  471  shall be included, or an independent (nonfranchised) motor
  472  vehicle dealer. The application must shall contain other
  473  relevant information as may be required by the department. The
  474  applicant shall furnish, including evidence, in a form approved
  475  by the department, that the applicant is insured under a garage
  476  liability insurance policy or a general liability insurance
  477  policy coupled with a business automobile policy having the
  478  coverages and limits of garage liability insurance coverage in
  479  accordance with paragraph (1)(g), which shall include, at a
  480  minimum, $25,000 combined single-limit liability coverage
  481  including bodily injury and property damage protection and
  482  $10,000 personal injury protection. However, a salvage motor
  483  vehicle dealer as defined in subparagraph (1)(c)5. is exempt
  484  from the requirements for garage liability insurance and
  485  personal injury protection insurance on those vehicles that
  486  cannot be legally operated on roads, highways, or streets in
  487  this state. Franchise dealers must submit a garage liability
  488  insurance policy, and all other dealers must submit a garage
  489  liability insurance policy or a general liability insurance
  490  policy coupled with a business automobile policy. Such policy
  491  must shall be for the license period, and evidence of a new or
  492  continued policy must shall be delivered to the department at
  493  the beginning of each license period. A licensee shall deliver
  494  to the department, in the manner prescribed by the department,
  495  within 10 calendar days after any renewal or continuation of or
  496  change in such policy or within 10 calendar days after any
  497  issuance of a new policy, a copy of the renewed, continued,
  498  changed, or new policy. Upon making an initial application, the
  499  applicant shall pay to the department a fee of $300 in addition
  500  to any other fees required by law. Applicants may choose to
  501  extend the licensure period for 1 additional year for a total of
  502  2 years. An initial applicant shall pay to the department a fee
  503  of $300 for the first year and $75 for the second year, in
  504  addition to any other fees required by law. An applicant for
  505  renewal shall pay to the department $75 for a 1-year renewal or
  506  $150 for a 2-year renewal, in addition to any other fees
  507  required by law. Upon making an application for a change of
  508  location, the applicant person shall pay a fee of $50 in
  509  addition to any other fees now required by law. The department
  510  shall, in the case of every application for initial licensure,
  511  verify whether certain facts set forth in the application are
  512  true. Each applicant, general partner in the case of a
  513  partnership, or corporate officer and director in the case of a
  514  corporate applicant shall, must file a set of fingerprints with
  515  the department for the purpose of determining any prior criminal
  516  record or any outstanding warrants. The department shall submit
  517  the fingerprints to the Department of Law Enforcement for state
  518  processing and forwarding to the Federal Bureau of Investigation
  519  for federal processing. The actual cost of state and federal
  520  processing must shall be borne by the applicant and is in
  521  addition to the fee for licensure. The department may issue a
  522  license to an applicant pending the results of the fingerprint
  523  investigation, which license is fully revocable if the
  524  department subsequently determines that any facts set forth in
  525  the application are not true or correctly represented.
  526         Section 9. Paragraph (j) of subsection (3) of section
  527  320.771, Florida Statutes, is amended to read:
  528         320.771 License required of recreational vehicle dealers.—
  529         (3) APPLICATION.—The application for such license shall be
  530  in the form prescribed by the department and subject to such
  531  rules as may be prescribed by it. The application shall be
  532  verified by oath or affirmation and shall contain:
  533         (j) Evidence that the applicant is insured under a garage
  534  liability insurance policy in accordance with s. 320.27(1)(g),
  535  which shall include, at a minimum, $25,000 combined single-limit
  536  liability coverage, including bodily injury and property damage
  537  protection, and $10,000 personal injury protection, if the
  538  applicant is to be licensed as a dealer in, or intends to sell,
  539  recreational vehicles. Such policy must be for the license
  540  period. Within 10 calendar days after any renewal or
  541  continuation of or material change in such policy or issuance of
  542  a new policy, the licensee shall deliver to the department, in a
  543  manner prescribed by the department, a copy of such renewed,
  544  continued, changed, or new policy. However, a garage liability
  545  policy is not required for the licensure of a mobile home dealer
  546  who sells only park trailers.
  547  
  548  The department shall, if it deems necessary, cause an
  549  investigation to be made to ascertain if the facts set forth in
  550  the application are true and shall not issue a license to the
  551  applicant until it is satisfied that the facts set forth in the
  552  application are true.
  553         Section 10. Subsections (1) and (2) of section 322.251,
  554  Florida Statutes, are amended to read:
  555         322.251 Notice of cancellation, suspension, revocation, or
  556  disqualification of license.—
  557         (1) All orders of cancellation, suspension, revocation, or
  558  disqualification issued under the provisions of this chapter,
  559  chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall
  560  be given either by personal delivery thereof to the licensee
  561  whose license is being canceled, suspended, revoked, or
  562  disqualified or by deposit in the United States mail in an
  563  envelope, first class, postage prepaid, addressed to the
  564  licensee at his or her last known mailing address furnished to
  565  the department. Such mailing by the department constitutes
  566  notification, and any failure by the person to receive the
  567  mailed order will not affect or stay the effective date or term
  568  of the cancellation, suspension, revocation, or disqualification
  569  of the licensee’s driving privilege.
  570         (2) The giving of notice and an order of cancellation,
  571  suspension, revocation, or disqualification by mail is complete
  572  upon expiration of 20 days after deposit in the United States
  573  mail for all notices except those issued under chapter 324 or
  574  ss. 627.732–627.734, which are complete 15 days after deposit in
  575  the United States mail. Proof of the giving of notice and an
  576  order of cancellation, suspension, revocation, or
  577  disqualification in either manner must shall be made by entry in
  578  the records of the department that such notice was given. The
  579  entry is admissible in the courts of this state and constitutes
  580  sufficient proof that such notice was given.
  581         Section 11. Paragraph (a) of subsection (8) of section
  582  322.34, Florida Statutes, is amended to read:
  583         322.34 Driving while license suspended, revoked, canceled,
  584  or disqualified.—
  585         (8)(a) Upon the arrest of a person for the offense of
  586  driving while the person’s driver license or driving privilege
  587  is suspended or revoked, the arresting officer shall determine:
  588         1. Whether the person’s driver license is suspended or
  589  revoked, or the person is under suspension or revocation
  590  equivalent status.
  591         2. Whether the person’s driver license has remained
  592  suspended or revoked, or the person has been under suspension or
  593  revocation equivalent status, since a conviction for the offense
  594  of driving with a suspended or revoked license.
  595         3. Whether the suspension, revocation, or suspension or
  596  revocation equivalent status was made under s. 316.646 or s.
  597  627.733, relating to failure to maintain required security, or
  598  under s. 322.264, relating to habitual traffic offenders.
  599         4. Whether the driver is the registered owner or co-owner
  600  of the vehicle.
  601         Section 12. Section 324.011, Florida Statutes, is amended
  602  to read:
  603         324.011 Legislative intent; purpose of chapter.—
  604         (1) It is the intent of the Legislature that this chapter:
  605         (a)Ensure that the privilege of owning or operating a
  606  motor vehicle in this state is exercised to recognize the
  607  existing privilege to own or operate a motor vehicle on the
  608  public streets and highways of this state when such vehicles are
  609  used with due consideration for the safety of others and their
  610  property., and to
  611         (b) Promote safety. and
  612         (c) Provide financial security requirements for such owners
  613  and or operators whose responsibility it is to recompense others
  614  for injury to person or property caused by the operation of a
  615  motor vehicle.
  616         (2)The purpose of this chapter is to require that every
  617  owner or operator of a motor vehicle required to be registered
  618  in this state establish, maintain, Therefore, it is required
  619  herein that the operator of a motor vehicle involved in a crash
  620  or convicted of certain traffic offenses meeting the operative
  621  provisions of s. 324.051(2) shall respond for such damages and
  622  show proof of financial ability to respond for damages arising
  623  out of the ownership, maintenance, or use of a motor vehicle in
  624  future accidents as a requisite to owning or operating a motor
  625  vehicle in this state his or her future exercise of such
  626  privileges.
  627         Section 13. Subsections (1) and (7) and paragraph (c) of
  628  subsection (9) of section 324.021, Florida Statutes, are
  629  amended, and subsection (12) is added to that section, to read:
  630         324.021 Definitions; minimum insurance required.—The
  631  following words and phrases when used in this chapter shall, for
  632  the purpose of this chapter, have the meanings respectively
  633  ascribed to them in this section, except in those instances
  634  where the context clearly indicates a different meaning:
  635         (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
  636  designed and required to be licensed for use upon a highway,
  637  including trailers and semitrailers designed for use with such
  638  vehicles, except traction engines, road rollers, farm tractors,
  639  power shovels, and well drillers, and every vehicle that is
  640  propelled by electric power obtained from overhead wires but not
  641  operated upon rails, but not including any personal delivery
  642  device or mobile carrier as defined in s. 316.003, bicycle,
  643  electric bicycle, or moped. However, the term “motor vehicle”
  644  does not include a motor vehicle as defined in s. 627.732(3)
  645  when the owner of such vehicle has complied with the
  646  requirements of ss. 627.730-627.7405, inclusive, unless the
  647  provisions of s. 324.051 apply; and, in such case, the
  648  applicable proof of insurance provisions of s. 320.02 apply.
  649         (7) PROOF OF FINANCIAL RESPONSIBILITY.—Beginning July 1,
  650  2024, That proof of ability to respond in damages for liability
  651  on account of crashes arising out of the ownership, maintenance,
  652  or use of a motor vehicle:
  653         (a) With respect to a motor vehicle other than a commercial
  654  motor vehicle, nonpublic sector bus, or for-hire passenger
  655  transportation vehicle, in the amounts specified in s.
  656  324.022(1). in the amount of $10,000 because of bodily injury
  657  to, or death of, one person in any one crash;
  658         (b)Subject to such limits for one person, in the amount of
  659  $20,000 because of bodily injury to, or death of, two or more
  660  persons in any one crash;
  661         (c)In the amount of $10,000 because of injury to, or
  662  destruction of, property of others in any one crash; and
  663         (b)(d) With respect to commercial motor vehicles and
  664  nonpublic sector buses, in the amounts specified in s. 627.7415
  665  ss. 627.7415 and 627.742, respectively.
  666         (c)With respect to nonpublic sector buses, in the amounts
  667  specified in s. 627.742.
  668         (d)With respect to for-hire passenger transportation
  669  vehicles, in the amounts specified in s. 324.032.
  670         (9) OWNER; OWNER/LESSOR.—
  671         (c) Application.—
  672         1. The limits on liability in subparagraphs (b)2. and 3. do
  673  not apply to an owner of motor vehicles that are used for
  674  commercial activity in the owner’s ordinary course of business,
  675  other than a rental company that rents or leases motor vehicles.
  676  For purposes of this paragraph, the term “rental company”
  677  includes only an entity that is engaged in the business of
  678  renting or leasing motor vehicles to the general public and that
  679  rents or leases a majority of its motor vehicles to persons with
  680  no direct or indirect affiliation with the rental company. The
  681  term “rental company” also includes:
  682         a. A related rental or leasing company that is a subsidiary
  683  of the same parent company as that of the renting or leasing
  684  company that rented or leased the vehicle.
  685         b. The holder of a motor vehicle title or an equity
  686  interest in a motor vehicle title if the title or equity
  687  interest is held pursuant to or to facilitate an asset-backed
  688  securitization of a fleet of motor vehicles used solely in the
  689  business of renting or leasing motor vehicles to the general
  690  public and under the dominion and control of a rental company,
  691  as described in this subparagraph, in the operation of such
  692  rental company’s business.
  693         2. Furthermore, with respect to commercial motor vehicles
  694  as defined in s. 207.002 or s. 320.01(25) s. 627.732, the limits
  695  on liability in subparagraphs (b)2. and 3. do not apply if, at
  696  the time of the incident, the commercial motor vehicle is being
  697  used in the transportation of materials found to be hazardous
  698  for the purposes of the Hazardous Materials Transportation
  699  Authorization Act of 1994, as amended, 49 U.S.C. ss. 5101 et
  700  seq., and that is required pursuant to such act to carry
  701  placards warning others of the hazardous cargo, unless at the
  702  time of lease or rental either:
  703         a. The lessee indicates in writing that the vehicle will
  704  not be used to transport materials found to be hazardous for the
  705  purposes of the Hazardous Materials Transportation Authorization
  706  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
  707         b. The lessee or other operator of the commercial motor
  708  vehicle has in effect insurance with limits of at least $5
  709  million $5,000,000 combined property damage and bodily injury
  710  liability.
  711         3.a. A motor vehicle dealer, or a motor vehicle dealer’s
  712  leasing or rental affiliate, that provides a temporary
  713  replacement vehicle at no charge or at a reasonable daily charge
  714  to a service customer whose vehicle is being held for repair,
  715  service, or adjustment by the motor vehicle dealer is immune
  716  from any cause of action and is not liable, vicariously or
  717  directly, under general law solely by reason of being the owner
  718  of the temporary replacement vehicle for harm to persons or
  719  property that arises out of the use, or operation, of the
  720  temporary replacement vehicle by any person during the period
  721  the temporary replacement vehicle has been entrusted to the
  722  motor vehicle dealer’s service customer if there is no
  723  negligence or criminal wrongdoing on the part of the motor
  724  vehicle owner, or its leasing or rental affiliate.
  725         b. For purposes of this section, and notwithstanding any
  726  other provision of general law, a motor vehicle dealer, or a
  727  motor vehicle dealer’s leasing or rental affiliate, that gives
  728  possession, control, or use of a temporary replacement vehicle
  729  to a motor vehicle dealer’s service customer may not be adjudged
  730  liable in a civil proceeding absent negligence or criminal
  731  wrongdoing on the part of the motor vehicle dealer, or the motor
  732  vehicle dealer’s leasing or rental affiliate, if the motor
  733  vehicle dealer or the motor vehicle dealer’s leasing or rental
  734  affiliate executes a written rental or use agreement and obtains
  735  from the person receiving the temporary replacement vehicle a
  736  copy of the person’s driver license and insurance information
  737  reflecting at least the minimum motor vehicle insurance coverage
  738  required in the state. Any subsequent determination that the
  739  driver license or insurance information provided to the motor
  740  vehicle dealer, or the motor vehicle dealer’s leasing or rental
  741  affiliate, was in any way false, fraudulent, misleading,
  742  nonexistent, canceled, not in effect, or invalid does not alter
  743  or diminish the protections provided by this section, unless the
  744  motor vehicle dealer, or the motor vehicle dealer’s leasing or
  745  rental affiliate, had actual knowledge thereof at the time
  746  possession of the temporary replacement vehicle was provided.
  747         c. For purposes of this subparagraph, the term “service
  748  customer” does not include an agent or a principal of a motor
  749  vehicle dealer or a motor vehicle dealer’s leasing or rental
  750  affiliate, and does not include an employee of a motor vehicle
  751  dealer or a motor vehicle dealer’s leasing or rental affiliate
  752  unless the employee was provided a temporary replacement
  753  vehicle:
  754         (I) While the employee’s personal vehicle was being held
  755  for repair, service, or adjustment by the motor vehicle dealer;
  756         (II) In the same manner as other customers who are provided
  757  a temporary replacement vehicle while the customer’s vehicle is
  758  being held for repair, service, or adjustment; and
  759         (III) The employee was not acting within the course and
  760  scope of his or her employment.
  761         (12)FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.—Every for
  762  hire vehicle as defined in s. 320.01(15) which is offered or
  763  used to provide transportation for persons, including taxicabs,
  764  limousines, and jitneys.
  765         Section 14. Section 324.022, Florida Statutes, is amended
  766  to read:
  767         324.022 Financial responsibility requirements for property
  768  damage.—
  769         (1)(a)Beginning July 1, 2024, every owner or operator of a
  770  motor vehicle required to be registered in this state shall
  771  establish and continuously maintain the ability to respond in
  772  damages for liability on account of accidents arising out of the
  773  use of the motor vehicle in the amount of:
  774         1.Twenty-five thousand dollars for bodily injury to, or
  775  the death of, one person in any one crash and, subject to such
  776  limits for one person, in the amount of $50,000 for bodily
  777  injury to, or the death of, two or more persons in any one
  778  crash; and
  779         2.Ten thousand dollars for $10,000 because of damage to,
  780  or destruction of, property of others in any one crash.
  781         (b) The requirements of paragraph (a) this section may be
  782  met by one of the methods established in s. 324.031; by self
  783  insuring as authorized by s. 768.28(16); or by maintaining a
  784  motor vehicle liability insurance policy that an insurance
  785  policy providing coverage for property damage liability in the
  786  amount of at least $10,000 because of damage to, or destruction
  787  of, property of others in any one accident arising out of the
  788  use of the motor vehicle. The requirements of this section may
  789  also be met by having a policy which provides combined property
  790  damage liability and bodily injury liability coverage for any
  791  one crash arising out of the ownership, maintenance, or use of a
  792  motor vehicle and that conforms to the requirements of s.
  793  324.151 in the amount of at least $60,000 for every owner or
  794  operator subject to the financial responsibility required in
  795  paragraph (a) $30,000 for combined property damage liability and
  796  bodily injury liability for any one crash arising out of the use
  797  of the motor vehicle. The policy, with respect to coverage for
  798  property damage liability, must meet the applicable requirements
  799  of s. 324.151, subject to the usual policy exclusions that have
  800  been approved in policy forms by the Office of Insurance
  801  Regulation. No insurer shall have any duty to defend uncovered
  802  claims irrespective of their joinder with covered claims.
  803         (2) As used in this section, the term:
  804         (a) “Motor vehicle” means any self-propelled vehicle that
  805  has four or more wheels and that is of a type designed and
  806  required to be licensed for use on the highways of this state,
  807  and any trailer or semitrailer designed for use with such
  808  vehicle. The term does not include the following:
  809         1. A mobile home as defined in s. 320.01(2)(a).
  810         2. A motor vehicle that is used in mass transit and
  811  designed to transport more than five passengers, exclusive of
  812  the operator of the motor vehicle, and that is owned by a
  813  municipality, transit authority, or political subdivision of the
  814  state.
  815         3. A school bus as defined in s. 1006.25, which must
  816  maintain security as required under s. 316.615.
  817         4.A commercial motor vehicle as defined in s. 207.002 or
  818  s. 320.01(25), which must maintain security as required under
  819  ss. 324.031 and 627.7415.
  820         5.A nonpublic sector bus, which must maintain security as
  821  required under ss. 324.031 and 627.742.
  822         6.4. A vehicle providing for-hire passenger transportation
  823  vehicle, which must that is subject to the provisions of s.
  824  324.031. A taxicab shall maintain security as required under s.
  825  324.032 s. 324.032(1).
  826         7.5. A personal delivery device as defined in s. 316.003,
  827  which must maintain security as required under s. 316.2071(4).
  828         (b) “Owner” means the person who holds legal title to a
  829  motor vehicle or the debtor or lessee who has the right to
  830  possession of a motor vehicle that is the subject of a security
  831  agreement or lease with an option to purchase.
  832         (3) Each nonresident owner or registrant of a motor vehicle
  833  that, whether operated or not, has been physically present
  834  within this state for more than 90 days during the preceding 365
  835  days shall maintain security as required by subsection (1). The
  836  security must be that is in effect continuously throughout the
  837  period the motor vehicle remains within this state.
  838         (4) An The owner or registrant of a motor vehicle who is
  839  exempt from the requirements of this section if she or he is a
  840  member of the United States Armed Forces and is called to or on
  841  active duty outside the United States in an emergency situation
  842  is exempt from this section while he or she. The exemption
  843  provided by this subsection applies only as long as the member
  844  of the Armed Forces is on such active duty. This exemption
  845  outside the United States and applies only while the vehicle
  846  covered by the security is not operated by any person. Upon
  847  receipt of a written request by the insured to whom the
  848  exemption provided in this subsection applies, the insurer shall
  849  cancel the coverages and return any unearned premium or suspend
  850  the security required by this section. Notwithstanding s.
  851  324.0221(2) s. 324.0221(3), the department may not suspend the
  852  registration or operator’s license of an any owner or registrant
  853  of a motor vehicle during the time she or he qualifies for the
  854  an exemption under this subsection. An Any owner or registrant
  855  of a motor vehicle who qualifies for the an exemption under this
  856  subsection shall immediately notify the department before prior
  857  to and at the end of the expiration of the exemption.
  858         Section 15. Subsections (1) and (2) of section 324.0221,
  859  Florida Statutes, are amended to read:
  860         324.0221 Reports by insurers to the department; suspension
  861  of driver license and vehicle registrations; reinstatement.—
  862         (1)(a) Each insurer that has issued a policy providing
  863  personal injury protection coverage or property damage liability
  864  coverage shall report the cancellation or nonrenewal thereof to
  865  the department within 10 days after the processing date or
  866  effective date of each cancellation or nonrenewal. Upon the
  867  issuance of a policy providing personal injury protection
  868  coverage or property damage liability coverage to a named
  869  insured not previously insured by the insurer during that
  870  calendar year, the insurer shall report the issuance of the new
  871  policy to the department within 10 days. The report must shall
  872  be in the form and format and contain any information required
  873  by the department and must be provided in a format that is
  874  compatible with the data processing capabilities of the
  875  department. Failure by an insurer to file proper reports with
  876  the department as required by this subsection constitutes a
  877  violation of the Florida Insurance Code. These records may shall
  878  be used by the department only for enforcement and regulatory
  879  purposes, including the generation by the department of data
  880  regarding compliance by owners of motor vehicles with the
  881  requirements for financial responsibility coverage.
  882         (b) With respect to an insurance policy providing personal
  883  injury protection coverage or property damage liability
  884  coverage, each insurer shall notify the named insured, or the
  885  first-named insured in the case of a commercial fleet policy, in
  886  writing that any cancellation or nonrenewal of the policy will
  887  be reported by the insurer to the department. The notice must
  888  also inform the named insured that failure to maintain bodily
  889  injury liability personal injury protection coverage and
  890  property damage liability coverage on a motor vehicle when
  891  required by law may result in the loss of registration and
  892  driving privileges in this state and inform the named insured of
  893  the amount of the reinstatement fees required by this section.
  894  This notice is for informational purposes only, and an insurer
  895  is not civilly liable for failing to provide this notice.
  896         (2) The department shall suspend, after due notice and an
  897  opportunity to be heard, the registration and driver license of
  898  any owner or registrant of a motor vehicle for with respect to
  899  which security is required under s. 324.022, s. 324.023, s.
  900  324.032, s. 627.7415, or s. 627.742 ss. 324.022 and 627.733
  901  upon:
  902         (a) The department’s records showing that the owner or
  903  registrant of such motor vehicle does did not have the in full
  904  force and effect when required security in full force and effect
  905  that complies with the requirements of ss. 324.022 and 627.733;
  906  or
  907         (b) Notification by the insurer to the department, in a
  908  form approved by the department, of cancellation or termination
  909  of the required security.
  910         Section 16. Section 324.0222, Florida Statutes, is created
  911  to read:
  912         324.0222Application of driver license and registration
  913  suspensions for failure to maintain security; reinstatement.—All
  914  suspensions of driver licenses or motor vehicle registrations
  915  for failure to maintain security as required by law in effect
  916  before July 1, 2024, remain in full force and effect after July
  917  1, 2024. A driver may reinstate a suspended driver license or
  918  registration as provided under s. 324.0221.
  919         Section 17. Section 324.023, Florida Statutes, is amended
  920  to read:
  921         324.023 Financial responsibility for bodily injury or
  922  death.—In addition to any other financial responsibility
  923  required by law, every owner or operator of a motor vehicle that
  924  is required to be registered in this state, or that is located
  925  within this state, and who, regardless of adjudication of guilt,
  926  has been found guilty of or entered a plea of guilty or nolo
  927  contendere to a charge of driving under the influence under s.
  928  316.193 after October 1, 2007, shall, by one of the methods
  929  established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2),
  930  establish and maintain the ability to respond in damages for
  931  liability on account of accidents arising out of the use of a
  932  motor vehicle in the amount of $100,000 because of bodily injury
  933  to, or death of, one person in any one crash and, subject to
  934  such limits for one person, in the amount of $300,000 because of
  935  bodily injury to, or death of, two or more persons in any one
  936  crash and in the amount of $50,000 because of property damage in
  937  any one crash. If the owner or operator chooses to establish and
  938  maintain such ability by furnishing a certificate of deposit
  939  pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of
  940  deposit must be at least $350,000. Such higher limits must be
  941  carried for a minimum period of 3 years. If the owner or
  942  operator has not been convicted of driving under the influence
  943  or a felony traffic offense for a period of 3 years from the
  944  date of reinstatement of driving privileges for a violation of
  945  s. 316.193, the owner or operator is shall be exempt from this
  946  section.
  947         Section 18. Section 324.031, Florida Statutes, is amended
  948  to read:
  949         324.031 Manner of proving financial responsibility.—
  950         (1)The owner or operator of a taxicab, limousine, jitney,
  951  or any other for-hire passenger transportation vehicle may prove
  952  financial responsibility by providing satisfactory evidence of
  953  holding a motor vehicle liability policy as defined in s.
  954  324.021(8) or s. 324.151, which policy is issued by an insurance
  955  carrier which is a member of the Florida Insurance Guaranty
  956  Association. The operator or owner of a motor vehicle other than
  957  a for-hire passenger transportation vehicle any other vehicle
  958  may prove his or her financial responsibility by:
  959         (a)(1) Furnishing satisfactory evidence of holding a motor
  960  vehicle liability policy as defined in ss. 324.021(8) and
  961  324.151 which provides liability coverage for the motor vehicle
  962  being operated;
  963         (b)(2) Furnishing a certificate of self-insurance showing a
  964  deposit of cash in accordance with s. 324.161; or
  965         (c)(3) Furnishing a certificate of self-insurance issued by
  966  the department in accordance with s. 324.171.
  967         (2)Beginning July 1, 2024, any person, including any firm,
  968  partnership, association, corporation, or other person, other
  969  than a natural person, electing to use the method of proof
  970  specified in paragraph (1)(b) subsection (2) shall do both of
  971  the following:
  972         (a) Furnish a certificate of deposit equal to the number of
  973  vehicles owned times $60,000 $30,000, up to a maximum of
  974  $240,000. $120,000;
  975         (b)In addition, any such person, other than a natural
  976  person, shall Maintain insurance providing coverage that meets
  977  the requirements of s. 324.151 and has in excess of limits of:
  978         1.At least $125,000 for bodily injury to, or the death of,
  979  one person in any one crash and, subject to such limits for one
  980  person, in the amount of $250,000 for bodily injury to, or the
  981  death of, two or more persons in any one crash; and $50,000 for
  982  damage to, or destruction of, property of others in any one
  983  crash; or
  984         2.At least $300,000 for combined bodily injury liability
  985  and property damage liability for any one crash
  986  $10,000/20,000/10,000 or $30,000 combined single limits, and
  987  such excess insurance shall provide minimum limits of
  988  $125,000/250,000/50,000 or $300,000 combined single limits.
  989  These increased limits shall not affect the requirements for
  990  proving financial responsibility under s. 324.032(1).
  991         Section 19. Section 324.032, Florida Statutes, is amended
  992  to read:
  993         324.032 Manner of proving Financial responsibility for;
  994  for-hire passenger transportation vehicles.—Notwithstanding the
  995  provisions of s. 324.031:
  996         (1) An owner or a lessee of a for-hire passenger
  997  transportation vehicle that is required to be registered in this
  998  state shall establish and continuously maintain the ability to
  999  respond in damages for liability on account of accidents arising
 1000  out of the ownership, maintenance, or use of the for-hire
 1001  passenger transportation vehicle, in the amount of:
 1002         (a) One hundred twenty-five thousand dollars for bodily
 1003  injury to, or the death of, one person in any one crash and,
 1004  subject to such limits for one person, in the amount of $250,000
 1005  for bodily injury to, or the death of, two or more persons in
 1006  any one crash; and A person who is either the owner or a lessee
 1007  required to maintain insurance under s. 627.733(1)(b) and who
 1008  operates one or more taxicabs, limousines, jitneys, or any other
 1009  for-hire passenger transportation vehicles may prove financial
 1010  responsibility by furnishing satisfactory evidence of holding a
 1011  motor vehicle liability policy, but with minimum limits of
 1012  $125,000/250,000/50,000.
 1013         (b) Fifty thousand dollars for damage to, or destruction
 1014  of, property of others in any one crash A person who is either
 1015  the owner or a lessee required to maintain insurance under s.
 1016  324.021(9)(b) and who operates limousines, jitneys, or any other
 1017  for-hire passenger vehicles, other than taxicabs, may prove
 1018  financial responsibility by furnishing satisfactory evidence of
 1019  holding a motor vehicle liability policy as defined in s.
 1020  324.031.
 1021         (2)Except as provided in subsection (3), the requirements
 1022  of this section must be met by the owner or lessee providing
 1023  satisfactory evidence of holding a motor vehicle liability
 1024  policy conforming to the requirements of s. 324.151 which is
 1025  issued by an insurance carrier that is a member of the Florida
 1026  Insurance Guaranty Association.
 1027         (3)(2) An owner or a lessee who is required to maintain
 1028  insurance under s. 324.021(9)(b) and who operates at least 300
 1029  taxicabs, limousines, jitneys, or any other for-hire passenger
 1030  transportation vehicles may provide financial responsibility by
 1031  complying with the provisions of s. 324.171, which must such
 1032  compliance to be demonstrated by maintaining at its principal
 1033  place of business an audited financial statement, prepared in
 1034  accordance with generally accepted accounting principles, and
 1035  providing to the department a certification issued by a
 1036  certified public accountant that the applicant’s net worth is at
 1037  least equal to the requirements of s. 324.171 as determined by
 1038  the Office of Insurance Regulation of the Financial Services
 1039  Commission, including claims liabilities in an amount certified
 1040  as adequate by a Fellow of the Casualty Actuarial Society.
 1041  
 1042  Upon request by the department, the applicant shall must provide
 1043  the department at the applicant’s principal place of business in
 1044  this state access to the applicant’s underlying financial
 1045  information and financial statements that provide the basis of
 1046  the certified public accountant’s certification. The applicant
 1047  shall reimburse the requesting department for all reasonable
 1048  costs incurred by it in reviewing the supporting information.
 1049  The maximum amount of self-insurance permissible under this
 1050  subsection is $300,000 and must be stated on a per-occurrence
 1051  basis, and the applicant shall maintain adequate excess
 1052  insurance issued by an authorized or eligible insurer licensed
 1053  or approved by the Office of Insurance Regulation. All risks
 1054  self-insured shall remain with the owner or lessee providing it,
 1055  and the risks are not transferable to any other person, unless a
 1056  policy complying with subsections (1) and (2) subsection (1) is
 1057  obtained.
 1058         Section 20. Subsection (2) of section 324.051, Florida
 1059  Statutes, is amended, and subsection (4) is added to that
 1060  section, to read:
 1061         324.051 Reports of crashes; suspensions of licenses and
 1062  registrations.—
 1063         (2)(a) Thirty days after receipt of notice of any accident
 1064  described in paragraph (1)(a) involving a motor vehicle within
 1065  this state, the department shall suspend, after due notice and
 1066  opportunity to be heard, the license of each operator and all
 1067  registrations of the owner of the vehicles operated by such
 1068  operator whether or not involved in such crash and, in the case
 1069  of a nonresident owner or operator, shall suspend such
 1070  nonresident’s operating privilege in this state, unless such
 1071  operator or owner shall, prior to the expiration of such 30
 1072  days, be found by the department to be exempt from the operation
 1073  of this chapter, based upon evidence satisfactory to the
 1074  department that:
 1075         1. The motor vehicle was legally parked at the time of such
 1076  crash.
 1077         2. The motor vehicle was owned by the United States
 1078  Government, this state, or any political subdivision of this
 1079  state or any municipality therein.
 1080         3. Such operator or owner has secured a duly acknowledged
 1081  written agreement providing for release from liability by all
 1082  parties injured as the result of said crash and has complied
 1083  with one of the provisions of s. 324.031.
 1084         4. Such operator or owner has deposited with the department
 1085  security to conform with s. 324.061 when applicable and has
 1086  complied with one of the provisions of s. 324.031.
 1087         5. One year has elapsed since such owner or operator was
 1088  suspended pursuant to subsection (3), the owner or operator has
 1089  complied with one of the provisions of s. 324.031, and no bill
 1090  of complaint of which the department has notice has been filed
 1091  in a court of competent jurisdiction.
 1092         (b) This subsection does shall not apply:
 1093         1. To such operator or owner if such operator or owner had
 1094  in effect at the time of such crash or traffic conviction a
 1095  motor vehicle an automobile liability policy with respect to all
 1096  of the registered motor vehicles owned by such operator or
 1097  owner.
 1098         2. To such operator, if not the owner of such motor
 1099  vehicle, if there was in effect at the time of such crash or
 1100  traffic conviction a motor vehicle an automobile liability
 1101  policy or bond with respect to his or her operation of motor
 1102  vehicles not owned by him or her.
 1103         3. To such operator or owner if the liability of such
 1104  operator or owner for damages resulting from such crash is, in
 1105  the judgment of the department, covered by any other form of
 1106  liability insurance or bond.
 1107         4. To any person who has obtained from the department a
 1108  certificate of self-insurance, in accordance with s. 324.171, or
 1109  to any person operating a motor vehicle for such self-insurer.
 1110  
 1111  No such policy or bond shall be effective under this subsection
 1112  unless it contains limits of not less than those specified in s.
 1113  324.021(7).
 1114         (4)As used in this section, the term “motor vehicle”
 1115  includes a motorcycle as defined in s. 320.01(26).
 1116         Section 21. Section 324.071, Florida Statutes, is amended
 1117  to read:
 1118         324.071 Reinstatement; renewal of license; reinstatement
 1119  fee.—An Any operator or owner whose license or registration has
 1120  been suspended pursuant to s. 324.051(2), s. 324.072, s.
 1121  324.081, or s. 324.121 may effect its reinstatement upon
 1122  compliance with the provisions of s. 324.051(2)(a)3. or 4., or
 1123  s. 324.081(2) and (3), as the case may be, and with one of the
 1124  provisions of s. 324.031 and upon payment to the department of a
 1125  nonrefundable reinstatement fee of $15. Only one such fee may
 1126  shall be paid by any one person regardless irrespective of the
 1127  number of licenses and registrations to be then reinstated or
 1128  issued to such person. All Such fees must shall be deposited to
 1129  a department trust fund. If When the reinstatement of any
 1130  license or registration is effected by compliance with s.
 1131  324.051(2)(a)3. or 4., the department may shall not renew the
 1132  license or registration within a period of 3 years after from
 1133  such reinstatement, nor may shall any other license or
 1134  registration be issued in the name of such person, unless the
 1135  operator continues is continuing to comply with one of the
 1136  provisions of s. 324.031.
 1137         Section 22. Subsection (1) of section 324.091, Florida
 1138  Statutes, is amended to read:
 1139         324.091 Notice to department; notice to insurer.—
 1140         (1) Each owner and operator involved in a crash or
 1141  conviction case within the purview of this chapter shall furnish
 1142  evidence of automobile liability insurance or motor vehicle
 1143  liability insurance within 14 days after the date of the mailing
 1144  of notice of crash by the department in the form and manner as
 1145  it may designate. Upon receipt of evidence that a an automobile
 1146  liability policy or motor vehicle liability policy was in effect
 1147  at the time of the crash or conviction case, the department
 1148  shall forward to the insurer such information for verification
 1149  in a method as determined by the department. The insurer shall
 1150  respond to the department within 20 days after the notice as to
 1151  whether or not such information is valid. If the department
 1152  determines that a an automobile liability policy or motor
 1153  vehicle liability policy was not in effect and did not provide
 1154  coverage for both the owner and the operator, it must shall take
 1155  action as it is authorized to do under this chapter.
 1156         Section 23. Section 324.151, Florida Statutes, is amended
 1157  to read:
 1158         324.151 Motor vehicle liability policies; required
 1159  provisions.—
 1160         (1) A motor vehicle liability policy that serves as to be
 1161  proof of financial responsibility under s. 324.031(1)(a) must s.
 1162  324.031(1) shall be issued to owners or operators of motor
 1163  vehicles under the following provisions:
 1164         (a) A motor vehicle An owner’s liability insurance policy
 1165  issued to an owner of a motor vehicle required to be registered
 1166  in this state must designate by explicit description or by
 1167  appropriate reference all motor vehicles for with respect to
 1168  which coverage is thereby granted. The policy, must insure the
 1169  person or persons owner named therein, and, unless except for a
 1170  named driver excluded under s. 627.747, must insure any resident
 1171  relative of a named insured other person as operator using such
 1172  motor vehicle or motor vehicles with the express or implied
 1173  permission of such owner against loss from the liability imposed
 1174  by law for damage arising out of the ownership, maintenance, or
 1175  use of any such motor vehicle or motor vehicles within the
 1176  United States or the Dominion of Canada, subject to limits,
 1177  exclusive of interest and costs with respect to each such motor
 1178  vehicle as is provided for under s. 324.021(7). The policy must
 1179  also insure any person operating an insured motor vehicle with
 1180  the express or implied permission of a named insured against
 1181  loss from the liability imposed by law for damage arising out of
 1182  the use of any vehicle, unless that person was excluded under s.
 1183  627.747. However, the insurer may include provisions in its
 1184  policy excluding liability coverage for a motor vehicle not
 1185  designated as an insured vehicle on the policy if such motor
 1186  vehicle does not qualify as a newly acquired vehicle or as a
 1187  temporary substitute vehicle and was owned by the insured or was
 1188  furnished for an insured’s regular use for more than 30
 1189  consecutive days before the event giving rise to the claim.
 1190  Insurers may make available, with respect to property damage
 1191  liability coverage, a deductible amount not to exceed $500. In
 1192  the event of a property damage loss covered by a policy
 1193  containing a property damage deductible provision, the insurer
 1194  shall pay to the third-party claimant the amount of any property
 1195  damage liability settlement or judgment, subject to policy
 1196  limits, as if no deductible existed.
 1197         (b) A motor vehicle liability insurance policy issued to a
 1198  person who does not own a An operator’s motor vehicle must
 1199  liability policy of insurance shall insure the person or persons
 1200  named therein against loss from the liability imposed upon him
 1201  or her by law for damages arising out of the use by the person
 1202  of any motor vehicle not owned by him or her, with the same
 1203  territorial limits and subject to the same limits of liability
 1204  as referred to above with respect to an owner’s policy of
 1205  liability insurance.
 1206         (c) All such motor vehicle liability policies must provide
 1207  liability coverage with limits, exclusive of interest and costs,
 1208  greater than or equal to the limits specified under s.
 1209  324.021(7) for accidents occurring within the United States and
 1210  Canada. The policies must shall state the name and address of
 1211  the named insured, the coverage afforded by the policy, the
 1212  premium charged therefor, the policy period, and the limits of
 1213  liability, and must shall contain an agreement or be endorsed
 1214  that insurance is provided in accordance with the coverage
 1215  defined in this chapter as respects bodily injury and death or
 1216  property damage or both and is subject to all provisions of this
 1217  chapter. The Said policies must shall also contain a provision
 1218  that the satisfaction by an insured of a judgment for such
 1219  injury or damage may shall not be a condition precedent to the
 1220  right or duty of the insurance carrier to make payment on
 1221  account of such injury or damage, and must shall also contain a
 1222  provision that bankruptcy or insolvency of the insured or of the
 1223  insured’s estate does shall not relieve the insurance carrier of
 1224  any of its obligations under the said policy.
 1225         (2) The provisions of This section is shall not be
 1226  applicable to any motor vehicle automobile liability policy
 1227  unless and until it is furnished as proof of financial
 1228  responsibility for the future pursuant to s. 324.031, and then
 1229  applies only from and after the date the said policy is so
 1230  furnished.
 1231         (3)As used in this section, the term:
 1232         (a)“Newly acquired vehicle” means a vehicle owned by a
 1233  named insured or resident relative of the named insured which
 1234  was acquired no more than 30 days before an accident.
 1235         (b)“Resident relative” means a person related to a named
 1236  insured by any degree by blood, marriage, or adoption, including
 1237  a ward or foster child, who makes his or her home in the same
 1238  family unit or residence as the named insured, regardless of
 1239  whether he or she temporarily lives elsewhere.
 1240         (c)“Temporary substitute vehicle” means any motor vehicle
 1241  that is not owned by the named insured and that is temporarily
 1242  used with the permission of the owner as a substitute for the
 1243  owned motor vehicle designated on the policy when the owned
 1244  vehicle is withdrawn from normal use because of breakdown,
 1245  repair, servicing, loss, or destruction.
 1246         Section 24. Section 324.161, Florida Statutes, is amended
 1247  to read:
 1248         324.161 Proof of financial responsibility; deposit.—If a
 1249  person elects to prove his or her financial responsibility under
 1250  the method of proof specified in s. 324.031(1)(b), he or she
 1251  annually must obtain and submit to the department proof of a
 1252  certificate of deposit in the amount required under s.
 1253  324.031(2) from a financial institution insured by the Federal
 1254  Deposit Insurance Corporation or the National Credit Union
 1255  Administration Annually, before any certificate of insurance may
 1256  be issued to a person, including any firm, partnership,
 1257  association, corporation, or other person, other than a natural
 1258  person, proof of a certificate of deposit of $30,000 issued and
 1259  held by a financial institution must be submitted to the
 1260  department. A power of attorney will be issued to and held by
 1261  the department and may be executed upon a judgment issued
 1262  against such person making the deposit, for damages for because
 1263  of bodily injury to or death of any person or for damages for
 1264  because of injury to or destruction of property resulting from
 1265  the use or operation of any motor vehicle occurring after such
 1266  deposit was made. Money so deposited is shall not be subject to
 1267  attachment or execution unless such attachment or execution
 1268  arises shall arise out of a lawsuit suit for such damages as
 1269  aforesaid.
 1270         Section 25. Subsections (1) and (2) of section 324.171,
 1271  Florida Statutes, are amended to read:
 1272         324.171 Self-insurer.—
 1273         (1) A Any person may qualify as a self-insurer by obtaining
 1274  a certificate of self-insurance from the department. which may,
 1275  in its discretion and Upon application of such a person, the
 1276  department may issue a said certificate of self-insurance to an
 1277  applicant who satisfies when such person has satisfied the
 1278  requirements of this section. Effective July 1, 2024 to qualify
 1279  as a self-insurer under this section:
 1280         (a) A private individual with private passenger vehicles
 1281  shall possess a net unencumbered worth of at least $100,000
 1282  $40,000.
 1283         (b) A person, including any firm, partnership, association,
 1284  corporation, or other person, other than a natural person,
 1285  shall:
 1286         1. Possess a net unencumbered worth of at least $100,000
 1287  $40,000 for the first motor vehicle and $50,000 $20,000 for each
 1288  additional motor vehicle; or
 1289         2. Maintain sufficient net worth, in an amount determined
 1290  by the department, to be financially responsible for potential
 1291  losses. The department annually shall determine the minimum net
 1292  worth sufficient to satisfy this subparagraph as determined
 1293  annually by the department, pursuant to rules adopted
 1294  promulgated by the department, with the assistance of the Office
 1295  of Insurance Regulation of the Financial Services Commission, to
 1296  be financially responsible for potential losses. The rules must
 1297  consider any shall take into consideration excess insurance
 1298  carried by the applicant. The department’s determination must
 1299  shall be based upon reasonable actuarial principles considering
 1300  the frequency, severity, and loss development of claims incurred
 1301  by casualty insurers writing coverage on the type of motor
 1302  vehicles for which a certificate of self-insurance is desired.
 1303         (c) The owner of a commercial motor vehicle, as defined in
 1304  s. 207.002 or s. 320.01(25) s. 320.01, may qualify as a self
 1305  insurer subject to the standards provided for in subparagraph
 1306  (b)2.
 1307         (2) The self-insurance certificate must shall provide
 1308  limits of liability insurance in the amounts specified under s.
 1309  324.021(7) or s. 627.7415 and shall provide personal injury
 1310  protection coverage under s. 627.733(3)(b).
 1311         Section 26. Section 324.251, Florida Statutes, is amended
 1312  to read:
 1313         324.251 Short title.—This chapter may be cited as the
 1314  “Financial Responsibility Law of 2023 1955” and is shall become
 1315  effective at 12:01 a.m., July 1, 2024 October 1, 1955.
 1316         Section 27. Subsection (4) of section 400.9905, Florida
 1317  Statutes, is amended to read:
 1318         400.9905 Definitions.—
 1319         (4)(a) “Clinic” means an entity where health care services
 1320  are provided to individuals and which tenders charges for
 1321  reimbursement for such services, including a mobile clinic and a
 1322  portable equipment provider. As used in this part, the term does
 1323  not include and the licensure requirements of this part do not
 1324  apply to:
 1325         1.(a) Entities licensed or registered by the state under
 1326  chapter 395; entities licensed or registered by the state and
 1327  providing only health care services within the scope of services
 1328  authorized under their respective licenses under ss. 383.30
 1329  383.332, chapter 390, chapter 394, chapter 397, this chapter
 1330  except part X, chapter 429, chapter 463, chapter 465, chapter
 1331  466, chapter 478, chapter 484, or chapter 651; end-stage renal
 1332  disease providers authorized under 42 C.F.R. part 494; providers
 1333  certified and providing only health care services within the
 1334  scope of services authorized under their respective
 1335  certifications under 42 C.F.R. part 485, subpart B, subpart H,
 1336  or subpart J; providers certified and providing only health care
 1337  services within the scope of services authorized under their
 1338  respective certifications under 42 C.F.R. part 486, subpart C;
 1339  providers certified and providing only health care services
 1340  within the scope of services authorized under their respective
 1341  certifications under 42 C.F.R. part 491, subpart A; providers
 1342  certified by the Centers for Medicare and Medicaid Services
 1343  under the federal Clinical Laboratory Improvement Amendments and
 1344  the federal rules adopted thereunder; or any entity that
 1345  provides neonatal or pediatric hospital-based health care
 1346  services or other health care services by licensed practitioners
 1347  solely within a hospital licensed under chapter 395.
 1348         2.(b) Entities that own, directly or indirectly, entities
 1349  licensed or registered by the state pursuant to chapter 395;
 1350  entities that own, directly or indirectly, entities licensed or
 1351  registered by the state and providing only health care services
 1352  within the scope of services authorized pursuant to their
 1353  respective licenses under ss. 383.30-383.332, chapter 390,
 1354  chapter 394, chapter 397, this chapter except part X, chapter
 1355  429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
 1356  484, or chapter 651; end-stage renal disease providers
 1357  authorized under 42 C.F.R. part 494; providers certified and
 1358  providing only health care services within the scope of services
 1359  authorized under their respective certifications under 42 C.F.R.
 1360  part 485, subpart B, subpart H, or subpart J; providers
 1361  certified and providing only health care services within the
 1362  scope of services authorized under their respective
 1363  certifications under 42 C.F.R. part 486, subpart C; 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 491, subpart A; providers
 1367  certified by the Centers for Medicare and Medicaid Services
 1368  under the federal Clinical Laboratory Improvement Amendments and
 1369  the federal rules adopted thereunder; or any entity that
 1370  provides neonatal or pediatric hospital-based health care
 1371  services by licensed practitioners solely within a hospital
 1372  licensed under chapter 395.
 1373         3.(c) Entities that are owned, directly or indirectly, by
 1374  an entity licensed or registered by the state pursuant to
 1375  chapter 395; entities that are owned, directly or indirectly, by
 1376  an entity licensed or registered by the state and providing only
 1377  health care services within the scope of services authorized
 1378  pursuant to their respective licenses under ss. 383.30-383.332,
 1379  chapter 390, chapter 394, chapter 397, this chapter except part
 1380  X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
 1381  478, chapter 484, or chapter 651; end-stage renal disease
 1382  providers authorized under 42 C.F.R. part 494; providers
 1383  certified and providing only health care services within the
 1384  scope of services authorized under their respective
 1385  certifications under 42 C.F.R. part 485, subpart B, subpart H,
 1386  or subpart J; providers certified and providing only health care
 1387  services within the scope of services authorized under their
 1388  respective certifications under 42 C.F.R. part 486, subpart C;
 1389  providers certified and providing only health care services
 1390  within the scope of services authorized under their respective
 1391  certifications under 42 C.F.R. part 491, subpart A; providers
 1392  certified by the Centers for Medicare and Medicaid Services
 1393  under the federal Clinical Laboratory Improvement Amendments and
 1394  the federal rules adopted thereunder; or any entity that
 1395  provides neonatal or pediatric hospital-based health care
 1396  services by licensed practitioners solely within a hospital
 1397  under chapter 395.
 1398         4.(d) Entities that are under common ownership, directly or
 1399  indirectly, with an entity licensed or registered by the state
 1400  pursuant to chapter 395; entities that are under common
 1401  ownership, directly or indirectly, with an entity licensed or
 1402  registered by the state and providing only health care services
 1403  within the scope of services authorized pursuant to their
 1404  respective licenses under ss. 383.30-383.332, chapter 390,
 1405  chapter 394, chapter 397, this chapter except part X, chapter
 1406  429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
 1407  484, or chapter 651; end-stage renal disease providers
 1408  authorized under 42 C.F.R. part 494; providers certified and
 1409  providing only health care services within the scope of services
 1410  authorized under their respective certifications under 42 C.F.R.
 1411  part 485, subpart B, subpart H, or subpart J; providers
 1412  certified and providing only health care services within the
 1413  scope of services authorized under their respective
 1414  certifications under 42 C.F.R. part 486, subpart C; providers
 1415  certified and providing only health care services within the
 1416  scope of services authorized under their respective
 1417  certifications under 42 C.F.R. part 491, subpart A; providers
 1418  certified by the Centers for Medicare and Medicaid Services
 1419  under the federal Clinical Laboratory Improvement Amendments and
 1420  the federal rules adopted thereunder; or any entity that
 1421  provides neonatal or pediatric hospital-based health care
 1422  services by licensed practitioners solely within a hospital
 1423  licensed under chapter 395.
 1424         5.(e) An entity that is exempt from federal taxation under
 1425  26 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
 1426  under 26 U.S.C. s. 409 that has a board of trustees at least
 1427  two-thirds of which are Florida-licensed health care
 1428  practitioners and provides only physical therapy services under
 1429  physician orders, any community college or university clinic,
 1430  and any entity owned or operated by the federal or state
 1431  government, including agencies, subdivisions, or municipalities
 1432  thereof.
 1433         6.(f) A sole proprietorship, group practice, partnership,
 1434  or corporation that provides health care services by physicians
 1435  covered by s. 627.419, that is directly supervised by one or
 1436  more of such physicians, and that is wholly owned by one or more
 1437  of those physicians or by a physician and the spouse, parent,
 1438  child, or sibling of that physician.
 1439         7.(g) A sole proprietorship, group practice, partnership,
 1440  or corporation that provides health care services by licensed
 1441  health care practitioners under chapter 457, chapter 458,
 1442  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
 1443  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
 1444  chapter 490, chapter 491, or part I, part III, part X, part
 1445  XIII, or part XIV of chapter 468, or s. 464.012, and that is
 1446  wholly owned by one or more licensed health care practitioners,
 1447  or the licensed health care practitioners set forth in this
 1448  subparagraph paragraph and the spouse, parent, child, or sibling
 1449  of a licensed health care practitioner if one of the owners who
 1450  is a licensed health care practitioner is supervising the
 1451  business activities and is legally responsible for the entity’s
 1452  compliance with all federal and state laws. However, a health
 1453  care practitioner may not supervise services beyond the scope of
 1454  the practitioner’s license, except that, for the purposes of
 1455  this part, a clinic owned by a licensee in s. 456.053(3)(b)
 1456  which provides only services authorized pursuant to s.
 1457  456.053(3)(b) may be supervised by a licensee specified in s.
 1458  456.053(3)(b).
 1459         8.(h) Clinical facilities affiliated with an accredited
 1460  medical school at which training is provided for medical
 1461  students, residents, or fellows.
 1462         9.(i) Entities that provide only oncology or radiation
 1463  therapy services by physicians licensed under chapter 458 or
 1464  chapter 459 or entities that provide oncology or radiation
 1465  therapy services by physicians licensed under chapter 458 or
 1466  chapter 459 which are owned by a corporation whose shares are
 1467  publicly traded on a recognized stock exchange.
 1468         10.(j) Clinical facilities affiliated with a college of
 1469  chiropractic accredited by the Council on Chiropractic Education
 1470  at which training is provided for chiropractic students.
 1471         11.(k) Entities that provide licensed practitioners to
 1472  staff emergency departments or to deliver anesthesia services in
 1473  facilities licensed under chapter 395 and that derive at least
 1474  90 percent of their gross annual revenues from the provision of
 1475  such services. Entities claiming an exemption from licensure
 1476  under this subparagraph paragraph must provide documentation
 1477  demonstrating compliance.
 1478         12.(l) Orthotic, prosthetic, pediatric cardiology, or
 1479  perinatology clinical facilities or anesthesia clinical
 1480  facilities that are not otherwise exempt under subparagraph 1.
 1481  or subparagraph 11. paragraph (a) or paragraph (k) and that are
 1482  a publicly traded corporation or are wholly owned, directly or
 1483  indirectly, by a publicly traded corporation. As used in this
 1484  subparagraph paragraph, a publicly traded corporation is a
 1485  corporation that issues securities traded on an exchange
 1486  registered with the United States Securities and Exchange
 1487  Commission as a national securities exchange.
 1488         13.(m) Entities that are owned by a corporation that has
 1489  $250 million or more in total annual sales of health care
 1490  services provided by licensed health care practitioners where
 1491  one or more of the persons responsible for the operations of the
 1492  entity is a health care practitioner who is licensed in this
 1493  state and who is responsible for supervising the business
 1494  activities of the entity and is responsible for the entity’s
 1495  compliance with state law for purposes of this part.
 1496         14.(n) Entities that employ 50 or more licensed health care
 1497  practitioners licensed under chapter 458 or chapter 459 where
 1498  the billing for medical services is under a single tax
 1499  identification number. The application for exemption under this
 1500  subsection must include shall contain information that includes:
 1501  the name, residence, and business address and telephone phone
 1502  number of the entity that owns the practice; a complete list of
 1503  the names and contact information of all the officers and
 1504  directors of the corporation; the name, residence address,
 1505  business address, and medical license number of each licensed
 1506  Florida health care practitioner employed by the entity; the
 1507  corporate tax identification number of the entity seeking an
 1508  exemption; a listing of health care services to be provided by
 1509  the entity at the health care clinics owned or operated by the
 1510  entity; and a certified statement prepared by an independent
 1511  certified public accountant which states that the entity and the
 1512  health care clinics owned or operated by the entity have not
 1513  received payment for health care services under medical payments
 1514  personal injury protection insurance coverage for the preceding
 1515  year. If the agency determines that an entity that which is
 1516  exempt under this subsection has received payments for medical
 1517  services under medical payments personal injury protection
 1518  insurance coverage, the agency may deny or revoke the exemption
 1519  from licensure under this subsection.
 1520         15.(o) Entities that are, directly or indirectly, under the
 1521  common ownership of or that are subject to common control by a
 1522  mutual insurance holding company, as defined in s. 628.703, with
 1523  an entity issued a certificate of authority under chapter 624 or
 1524  chapter 641 which has $1 billion or more in total annual sales
 1525  in this state.
 1526         16.(p) Entities that are owned by an entity that is a
 1527  behavioral health care service provider in at least five other
 1528  states; that, together with its affiliates, have $90 million or
 1529  more in total annual revenues associated with the provision of
 1530  behavioral health care services; and wherein one or more of the
 1531  persons responsible for the operations of the entity is a health
 1532  care practitioner who is licensed in this state, who is
 1533  responsible for supervising the business activities of the
 1534  entity, and who is responsible for the entity’s compliance with
 1535  state law for purposes of this part.
 1536         17.(q) Medicaid providers.
 1537         (b) Notwithstanding paragraph (a) this subsection, an
 1538  entity is shall be deemed a clinic and must be licensed under
 1539  this part in order to receive medical payments coverage
 1540  reimbursement under s. 627.7265 unless the entity is:
 1541         1.Wholly owned by a physician licensed under chapter 458
 1542  or chapter 459 or by the physician and the spouse, parent,
 1543  child, or sibling of the physician;
 1544         2.Wholly owned by a dentist licensed under chapter 466 or
 1545  by the dentist and the spouse, parent, child, or sibling of the
 1546  dentist;
 1547         3.Wholly owned by a chiropractic physician licensed under
 1548  chapter 460 or by the chiropractic physician and the spouse,
 1549  parent, child, or sibling of the chiropractic physician;
 1550         4.A hospital or an ambulatory surgical center licensed
 1551  under chapter 395;
 1552         5.An entity that wholly owns or is wholly owned, directly
 1553  or indirectly, by a hospital or hospitals licensed under chapter
 1554  395;
 1555         6.A clinical facility affiliated with an accredited
 1556  medical school at which training is provided for medical
 1557  students, residents, or fellows;
 1558         7.Certified under 42 C.F.R. part 485, subpart H; or
 1559         8.Owned by a publicly traded corporation, either directly
 1560  or indirectly through its subsidiaries, which has $250 million
 1561  or more in total annual sales of health care services provided
 1562  by licensed health care practitioners, if one or more of the
 1563  persons responsible for the operations of the entity are health
 1564  care practitioners who are licensed in this state and who are
 1565  responsible for supervising the business activities of the
 1566  entity and the entity’s compliance with state law for purposes
 1567  of this subsection the Florida Motor Vehicle No-Fault Law, ss.
 1568  627.730-627.7405, unless exempted under s. 627.736(5)(h).
 1569         Section 28. Subsection (5) of section 400.991, Florida
 1570  Statutes, is amended to read:
 1571         400.991 License requirements; background screenings;
 1572  prohibitions.—
 1573         (5) All agency forms for licensure application or exemption
 1574  from licensure under this part must contain the following
 1575  statement:
 1576  
 1577         INSURANCE FRAUD NOTICE.—A person commits a fraudulent
 1578         insurance act, as defined in s. 626.989, Florida
 1579         Statutes, if the person who knowingly submits a false,
 1580         misleading, or fraudulent application or other
 1581         document when applying for licensure as a health care
 1582         clinic, seeking an exemption from licensure as a
 1583         health care clinic, or demonstrating compliance with
 1584         part X of chapter 400, Florida Statutes, with the
 1585         intent to use the license, exemption from licensure,
 1586         or demonstration of compliance to provide services or
 1587         seek reimbursement under a motor vehicle liability
 1588         insurance policy’s medical payments coverage the
 1589         Florida Motor Vehicle No-Fault Law, commits a
 1590         fraudulent insurance act, as defined in s. 626.989,
 1591         Florida Statutes. A person who presents a claim for
 1592         benefits under medical payments coverage personal
 1593         injury protection benefits knowing that the payee
 1594         knowingly submitted such health care clinic
 1595         application or document commits insurance fraud, as
 1596         defined in s. 817.234, Florida Statutes.
 1597         Section 29. Paragraph (g) of subsection (1) of section
 1598  400.9935, Florida Statutes, is amended to read:
 1599         400.9935 Clinic responsibilities.—
 1600         (1) Each clinic shall appoint a medical director or clinic
 1601  director who shall agree in writing to accept legal
 1602  responsibility for the following activities on behalf of the
 1603  clinic. The medical director or the clinic director shall:
 1604         (g) Conduct systematic reviews of clinic billings to ensure
 1605  that the billings are not fraudulent or unlawful. Upon discovery
 1606  of an unlawful charge, the medical director or clinic director
 1607  shall take immediate corrective action. If the clinic performs
 1608  only the technical component of magnetic resonance imaging,
 1609  static radiographs, computed tomography, or positron emission
 1610  tomography, and provides the professional interpretation of such
 1611  services, in a fixed facility that is accredited by a national
 1612  accrediting organization that is approved by the Centers for
 1613  Medicare and Medicaid Services for magnetic resonance imaging
 1614  and advanced diagnostic imaging services and if, in the
 1615  preceding quarter, the percentage of scans performed by that
 1616  clinic which was billed to motor vehicle all personal injury
 1617  protection insurance carriers under medical payments coverage
 1618  was less than 15 percent, the chief financial officer of the
 1619  clinic may, in a written acknowledgment provided to the agency,
 1620  assume the responsibility for the conduct of the systematic
 1621  reviews of clinic billings to ensure that the billings are not
 1622  fraudulent or unlawful.
 1623         Section 30. Subsection (28) of section 409.901, Florida
 1624  Statutes, is amended to read:
 1625         409.901 Definitions; ss. 409.901-409.920.—As used in ss.
 1626  409.901-409.920, except as otherwise specifically provided, the
 1627  term:
 1628         (28) “Third-party benefit” means any benefit that is or may
 1629  be available at any time through contract, court award,
 1630  judgment, settlement, agreement, or any arrangement between a
 1631  third party and any person or entity, including, without
 1632  limitation, a Medicaid recipient, a provider, another third
 1633  party, an insurer, or the agency, for any Medicaid-covered
 1634  injury, illness, goods, or services, including costs of medical
 1635  services related thereto, for bodily personal injury or for
 1636  death of the recipient, but specifically excluding policies of
 1637  life insurance policies on the recipient, unless available under
 1638  terms of the policy to pay medical expenses before prior to
 1639  death. The term includes, without limitation, collateral, as
 1640  defined in this section;, health insurance;, any benefit under a
 1641  health maintenance organization, a preferred provider
 1642  arrangement, a prepaid health clinic, liability insurance,
 1643  uninsured motorist insurance, or medical payments coverage; or
 1644  personal injury protection coverage, medical benefits under
 1645  workers’ compensation;, and any obligation under law or equity
 1646  to provide medical support.
 1647         Section 31. Paragraph (f) of subsection (11) of section
 1648  409.910, Florida Statutes, is amended to read:
 1649         409.910 Responsibility for payments on behalf of Medicaid
 1650  eligible persons when other parties are liable.—
 1651         (11) The agency may, as a matter of right, in order to
 1652  enforce its rights under this section, institute, intervene in,
 1653  or join any legal or administrative proceeding in its own name
 1654  in one or more of the following capacities: individually, as
 1655  subrogee of the recipient, as assignee of the recipient, or as
 1656  lienholder of the collateral.
 1657         (f) Notwithstanding any provision in this section to the
 1658  contrary, in the event of an action in tort against a third
 1659  party in which the recipient or his or her legal representative
 1660  is a party which results in a judgment, award, or settlement
 1661  from a third party, the amount recovered shall be distributed as
 1662  follows:
 1663         1. After attorney attorney’s fees and taxable costs as
 1664  defined by the Florida Rules of Civil Procedure, one-half of the
 1665  remaining recovery shall be paid to the agency up to the total
 1666  amount of medical assistance provided by Medicaid.
 1667         2. The remaining amount of the recovery shall be paid to
 1668  the recipient.
 1669         3. For purposes of calculating the agency’s recovery of
 1670  medical assistance benefits paid, the fee for services of an
 1671  attorney retained by the recipient or his or her legal
 1672  representative shall be calculated at 25 percent of the
 1673  judgment, award, or settlement.
 1674         4. Notwithstanding any other provision of this section to
 1675  the contrary, the agency shall be entitled to all medical
 1676  coverage benefits up to the total amount of medical assistance
 1677  provided by Medicaid. For purposes of this paragraph, the term
 1678  “medical coverage” means any benefits under health insurance, a
 1679  health maintenance organization, a preferred provider
 1680  arrangement, or a prepaid health clinic, and the portion of
 1681  benefits designated for medical payments under coverage for
 1682  workers’ compensation coverage, motor vehicle insurance
 1683  coverage, personal injury protection, and casualty coverage.
 1684         Section 32. Paragraph (k) of subsection (2) of section
 1685  456.057, Florida Statutes, is amended to read:
 1686         456.057 Ownership and control of patient records; report or
 1687  copies of records to be furnished; disclosure of information.—
 1688         (2) As used in this section, the terms “records owner,”
 1689  “health care practitioner,” and “health care practitioner’s
 1690  employer” do not include any of the following persons or
 1691  entities; furthermore, the following persons or entities are not
 1692  authorized to acquire or own medical records, but are authorized
 1693  under the confidentiality and disclosure requirements of this
 1694  section to maintain those documents required by the part or
 1695  chapter under which they are licensed or regulated:
 1696         (k)Persons or entities practicing under s. 627.736(7).
 1697         Section 33. Paragraphs (ee) and (ff) of subsection (1) of
 1698  section 456.072, Florida Statutes, are amended to read:
 1699         456.072 Grounds for discipline; penalties; enforcement.—
 1700         (1) The following acts shall constitute grounds for which
 1701  the disciplinary actions specified in subsection (2) may be
 1702  taken:
 1703         (ee) With respect to making a medical payments coverage
 1704  personal injury protection claim under s. 627.7265 as required
 1705  by s. 627.736, intentionally submitting a claim, statement, or
 1706  bill that has been upcoded. As used in this paragraph, the term
 1707  “upcode” means to submit a billing code that would result in a
 1708  greater payment amount than would be paid using a billing code
 1709  that accurately describes the services performed. The term does
 1710  not include an otherwise lawful bill by a magnetic resonance
 1711  imaging facility which globally combines both technical and
 1712  professional components, if the amount of the global bill is not
 1713  more than the components if billed separately; however, payment
 1714  of such a bill constitutes payment in full for all components of
 1715  such service “upcoded” as defined in s. 627.732.
 1716         (ff) With respect to making a medical payments coverage
 1717  personal injury protection claim under s. 627.7265 as required
 1718  by s. 627.736, intentionally submitting a claim, statement, or
 1719  bill for payment of services that were not rendered.
 1720         Section 34. Paragraph (b) of subsection (1) and subsection
 1721  (8) of section 624.155, Florida Statutes, are amended to read:
 1722         624.155 Civil remedy.—
 1723         (1) Any person may bring a civil action against an insurer
 1724  when such person is damaged:
 1725         (b) By the commission of any of the following acts by the
 1726  insurer:
 1727         1. Except for a civil action for bad faith failure to
 1728  settle a third-party claim subject to s. 624.156, not attempting
 1729  in good faith to settle claims when, under all the
 1730  circumstances, it could and should have done so, had it acted
 1731  fairly and honestly toward its insured and with due regard for
 1732  her or his interests;
 1733         2. Making claims payments to insureds or beneficiaries not
 1734  accompanied by a statement setting forth the coverage under
 1735  which payments are being made; or
 1736         3. Except as to liability coverages, failing to promptly
 1737  settle claims, when the obligation to settle a claim has become
 1738  reasonably clear, under one portion of the insurance policy
 1739  coverage in order to influence settlements under other portions
 1740  of the insurance policy coverage; or
 1741         4. When handling a first-party claim under a motor vehicle
 1742  insurance policy, not attempting in good faith to settle such
 1743  claim pursuant to subparagraph 1. when such failure is caused by
 1744  a failure to communicate to an insured:
 1745         a. The name, telephone number, e-mail address, and mailing
 1746  address of the person adjusting the claim;
 1747         b. Any issues that may impair the insured’s coverage;
 1748         c. Information that might resolve the coverage issue in a
 1749  prompt manner;
 1750         d. Any basis for the insurer’s rejection or nonacceptance
 1751  of any settlement demand or offer; or
 1752         e. Any needed extensions to respond to a time-limited
 1753  settlement offer.
 1754  
 1755  Notwithstanding the provisions of the above to the contrary, a
 1756  person pursuing a remedy under this section need not prove that
 1757  such act was committed or performed with such frequency as to
 1758  indicate a general business practice.
 1759         (8) The civil remedy specified in this section does not
 1760  preempt any other remedy or cause of action provided for
 1761  pursuant to any other statute or pursuant to the common law of
 1762  this state. A Any person is may obtain a judgment under either
 1763  the common-law remedy of bad faith or this statutory remedy, but
 1764  shall not be entitled to a judgment under multiple bad faith
 1765  both remedies. This section shall not be construed to create a
 1766  common-law cause of action. The damages recoverable pursuant to
 1767  this section shall include those damages which are a reasonably
 1768  foreseeable result of a specified violation of this section by
 1769  the authorized insurer and may include an award or judgment in
 1770  an amount that exceeds the policy limits.
 1771         Section 35. Section 624.156, Florida Statutes, is created
 1772  to read:
 1773         624.156 Actions against motor vehicle insurers for bad
 1774  faith failure to settle third-party claims.—
 1775         (1) SCOPE.—This section applies in all actions against any
 1776  insurer for bad faith failure to settle a third-party claim for
 1777  a loss arising out of the ownership, maintenance, or use of a
 1778  motor vehicle operated or principally garaged in this state at
 1779  the time of an incident or a loss, regardless of whether the
 1780  insurer is authorized to do business in this state or issued a
 1781  policy in this state. This section governs in any conflict with
 1782  common law or any other statute.
 1783         (2) DUTY OF GOOD FAITH.—In handling claims, an insurer has
 1784  a duty to its insured to handle claims in good faith by
 1785  complying with the best practices standards of subsection (4).
 1786  An insurer’s negligence does not constitute bad faith. However,
 1787  negligence is relevant to whether an insurer acted in bad faith.
 1788         (3) BAD FAITH FAILURE TO SETTLE.—The term “bad faith
 1789  failure to settle” means an insurer’s failure to meet its duty
 1790  of good faith, as described in subsection (2), which is a
 1791  proximate cause of the insurer not settling a third-party claim
 1792  when, under all the circumstances, the insurer could and should
 1793  have done so, had it acted fairly and honestly toward its
 1794  insured and with due regard for the insured’s interests.
 1795         (4) BEST PRACTICES STANDARDS.—An insurer must meet the best
 1796  practices standards of this subsection. The insurer’s duty
 1797  begins upon receiving actual notice of an incident or a loss
 1798  that could give rise to a covered liability claim and continues
 1799  until the claim is resolved. Notice may be communicated to the
 1800  insurer or an agent of the insurer by any means. However, if
 1801  actual notice is communicated by means other than through any
 1802  manner permitted by the policy or other documents provided to
 1803  the insured by the insurer, through the insurer’s website, or
 1804  through the e-mail address designated by the insurer under s.
 1805  624.422, the notice is not effective under this subsection if
 1806  that variation causes actual prejudice to the insurer’s ability
 1807  to settle the claim. The burden is on the party bringing the bad
 1808  faith claim to prove that the insurer had actual notice of the
 1809  incident or loss giving rise to the claim that resulted in an
 1810  excess judgment and when such notice was received. After receipt
 1811  of actual notice, an insurer:
 1812         (a) Must assign a duly licensed and appointed insurance
 1813  adjuster to investigate the extent of the insured’s probable
 1814  exposure and diligently attempt to resolve any questions
 1815  concerning the existence or extent of the insured’s coverage.
 1816         (b) Based on available information, must ethically evaluate
 1817  every claim fairly, honestly, and with due regard for the
 1818  interests of the insured; consider the extent of the claimant’s
 1819  recoverable damages; and consider the information in a
 1820  reasonable and prudent manner.
 1821         (c) Must request from the insured or claimant additional
 1822  relevant information the insurer reasonably deems necessary to
 1823  evaluate whether to settle a claim.
 1824         (d) Must conduct all oral and written communications with
 1825  the insured with the utmost honesty and complete candor.
 1826         (e) Must make reasonable efforts to explain to persons not
 1827  represented by counsel matters requiring expertise beyond the
 1828  level normally expected of a layperson with no training in
 1829  insurance or claims-handling issues.
 1830         (f) Must retain all written communications and notes and
 1831  retain a summary of all verbal communications in a reasonable
 1832  manner for a period of not less than 5 years after the later of:
 1833         1. The entry of a judgment against the insured in excess of
 1834  policy limits becoming final; or
 1835         2. The conclusion of the extracontractual claim, if any,
 1836  including any related appeals.
 1837         (g) Must provide the insured, upon request, with all
 1838  communications related to the insurer’s handling of the claim
 1839  which are not privileged as to the insured.
 1840         (h) Must provide, at the insurer’s expense, reasonable
 1841  accommodations necessary to communicate effectively with an
 1842  insured covered under the Americans with Disabilities Act.
 1843         (i) In handling third-party claims, must communicate to an
 1844  insured all of the following:
 1845         1. The identity of any other person or entity the insurer
 1846  has reason to believe may be liable.
 1847         2. The insurer’s evaluation of the claim.
 1848         3. The likelihood and possible extent of an excess
 1849  judgment.
 1850         4. Steps the insured can take to avoid exposure to an
 1851  excess judgment, including the right to secure personal counsel
 1852  at the insured’s expense.
 1853         5. The insured’s duty to cooperate with the insurer,
 1854  including any specific requests required because of a settlement
 1855  opportunity or by the insurer for the insured’s cooperation
 1856  under subsection (5), the purpose of the required cooperation,
 1857  and the consequences of refusing to cooperate.
 1858         6. Any settlement demands or offers.
 1859         (j) If, after the expiration of the safe harbor periods in
 1860  subsection (8), the facts available to the insurer indicate that
 1861  the insured’s liability is likely to exceed the policy limits,
 1862  must initiate settlement negotiations by tendering its policy
 1863  limits to the claimant in exchange for a general release of the
 1864  insured.
 1865         (k)1. Must give fair consideration to a settlement offer
 1866  that is not unreasonable under the facts available to the
 1867  insurer and settle, if possible, when a reasonably prudent
 1868  person, faced with the prospect of paying the total probable
 1869  exposure of the insured, would do so. The insurer shall provide
 1870  reasonable assistance to the insured to comply with the
 1871  insured’s obligations to cooperate and shall act reasonably to
 1872  attempt to satisfy any conditions of a claimant’s settlement
 1873  offer. If it is not possible to settle a liability claim within
 1874  the available policy limits, the insurer must act reasonably to
 1875  attempt to minimize the excess exposure to the insured.
 1876         2. When multiple claims arise out of a single occurrence,
 1877  the combined value of all claims exceeds the total of all
 1878  applicable policy limits, and the claimants are unwilling to
 1879  globally settle within the policy limits, thereafter, must
 1880  attempt to minimize the magnitude of possible excess judgments
 1881  against the insured. The insurer is entitled to great discretion
 1882  to decide how much to offer each respective claimant in its
 1883  attempt to protect the insured. The insurer may, in its effort
 1884  to minimize the excess liability of the insured, use its
 1885  discretion to offer the full available policy limits to one or
 1886  more claimants to the exclusion of other claimants and may leave
 1887  the insured exposed to some liability after all the policy
 1888  limits are paid. An insurer does not act in bad faith simply
 1889  because it is unable to settle all claims in a multiple claimant
 1890  case. It is a defense to a bad faith action if the insurer
 1891  establishes that it used its discretion for the benefit of its
 1892  insureds and complied with the other best practices standards of
 1893  this subsection.
 1894         (l) When a loss creates the potential for a third-party
 1895  claim against more than one insured, must attempt to settle the
 1896  claim on behalf of all insureds against whom a claim may be
 1897  presented. If it is not possible to settle on behalf of all
 1898  insureds, the insurer may, in consultation with the insureds,
 1899  enter into reasonable settlements of claims against certain
 1900  insureds to the exclusion of other insureds.
 1901         (m) Must respond to any request for insurance information
 1902  in compliance with s. 626.9372 or s. 627.4137, as applicable.
 1903         (n) Where it appears the insured’s probable exposure is
 1904  greater than policy limits, must take reasonable measures to
 1905  preserve for a reasonable period of time evidence that is needed
 1906  for the defense of the liability claim.
 1907         (o) Must comply with s. 627.426, if applicable.
 1908         (p) May not commit or perform with such frequency as to
 1909  indicate a general business practice any of the following:
 1910         1. Failing to adopt and implement standards for the proper
 1911  investigation of claims.
 1912         2. Misrepresenting pertinent facts or insurance policy
 1913  provisions relating to coverages at issue.
 1914         3. Failing to acknowledge and act promptly upon
 1915  communications with respect to claims.
 1916         4. Denying claims without conducting reasonable
 1917  investigations based upon available information.
 1918         (5) INSURED’S DUTY TO COOPERATE.—
 1919         (a) Insureds have a duty to cooperate with their insurer in
 1920  the defense of the claim and in making settlements. Accordingly,
 1921  the insured must take any reasonable action requested by the
 1922  injured claimant or provided in the policy which is necessary to
 1923  assist the insurer in settling a covered claim, including:
 1924         1. Executing affidavits regarding the facts within the
 1925  insured’s knowledge regarding the covered loss; and
 1926         2. Providing documents, including those requested pursuant
 1927  to paragraph (b).
 1928         (b) When it is reasonably necessary to settle a covered
 1929  claim valued in excess of all applicable policy limits, upon the
 1930  request of the injured claimant, an insured must disclose on a
 1931  form adopted by the department or provided by the claimant a
 1932  summary of the following:
 1933         1. The insured’s assets at the time of the loss, including:
 1934         a. Cash, stocks, bonds, and nonretirement-based mutual
 1935  funds;
 1936         b. Nonhomestead real property;
 1937         c. All registered vehicles;
 1938         d. All bank accounts;
 1939         e. An estimated net accounting of all other assets; and
 1940         f. Any additional information included by the department.
 1941         2. The insured’s liabilities, including:
 1942         a. Mortgage debt;
 1943         b. Credit card debt;
 1944         c. Child support and alimony payments;
 1945         d. Other liabilities; and
 1946         e. Any additional information included by the department.
 1947         3. For a corporate entity, information on its balance
 1948  sheet, including the corporate entity’s:
 1949         a. Cash, property, equipment, and inventory;
 1950         b. Liabilities, including obligations, rent, money owed to
 1951  vendors, payroll, and taxes;
 1952         c. Other information relevant to understanding the entity’s
 1953  capital and net worth; and
 1954         d. Any additional information included by the department.
 1955         4. A list of all insurance policies that may provide
 1956  coverage for the claim, stating the name of the insurer and
 1957  policy number of each policy.
 1958         5. For natural persons, a statement of whether the insured
 1959  was acting in the course and scope of employment at the time of
 1960  the incident or loss giving rise to the claim and, if so,
 1961  providing the name and contact information for the insured’s
 1962  employer.
 1963         (c) No later than 14 days following actual notice of an
 1964  incident or a loss that could give rise to a covered liability
 1965  claim, the insurer must notify the insured of the insured’s
 1966  duties under this subsection. The burden is on the insurer to
 1967  prove that it provided notice to the insured of the insured’s
 1968  duty to cooperate; otherwise, a presumption arises that the
 1969  insured met its duty to cooperate under this subsection.
 1970         (d) An insurer may terminate the defense as to any insured
 1971  who unreasonably fails to meet its duties under this subsection
 1972  when:
 1973         1. The insurer exercised diligence and met its duties under
 1974  subparagraph (4)(i)5.;
 1975         2. The insurer provided reasonable assistance to the
 1976  insured to comply with the obligations of this subsection;
 1977         3. The insurer gave the insured written notice of any
 1978  failure to cooperate and a reasonable opportunity for the
 1979  insured to cure the lack of cooperation, consistent with any
 1980  deadlines imposed by settlement negotiations;
 1981         4. The insured’s failure to cooperate causes the insurer to
 1982  be unable to settle the claim; and
 1983         5. The insurer unconditionally tenders its available
 1984  coverage policy limits directly to the claimant or the
 1985  claimant’s attorney.
 1986         (e) When an insured’s defense is terminated in compliance
 1987  with this subsection, the insurer is not liable for any damages
 1988  caused by a failure to settle or defend the liability claim
 1989  against that insured.
 1990         (6) CLAIMANT COMMUNICATIONS.—The trier of fact may not
 1991  attribute the insurer’s failure to settle a covered third-party
 1992  claim to a claimant’s lack of communication with the insurer
 1993  when the claimant truthfully complies with all applicable
 1994  standards of this subsection by:
 1995         (a) Contemporaneously with or before making a claim with
 1996  the insurer, communicating in writing to the insurer:
 1997         1. The date and location of loss;
 1998         2. The name, address, and date of birth of the claimant;
 1999  and
 2000         3. A physical address, an e-mail address, and a facsimile
 2001  number for further communications, including, but not limited
 2002  to, responses to any settlement demand.
 2003         (b) Presenting the following in writing:
 2004         1. The legal and factual basis of the claim; and
 2005         2. A reasonably detailed description of the claimant’s:
 2006         a. Known injuries caused or aggravated by the incident or
 2007  loss on which the claim is based;
 2008         b. Medical treatment causally related to the incident or
 2009  loss on which the claim is based;
 2010         c. Relevant pre-accident medical conditions, if known; and
 2011         d. Type and amount of known damages incurred and, if any,
 2012  the damages the claimant reasonably anticipates incurring in the
 2013  future.
 2014         (c) Providing any settlement demand in writing and stating
 2015  within such demand:
 2016         1. The name of each insured to whom the demand for
 2017  settlement is directed;
 2018         2. The amount of the demand for settlement; and
 2019         3. Any conditions the claimant is placing on acceptance of
 2020  the demand for settlement.
 2021  
 2022  This subsection does not reduce an insurer’s duty of good faith,
 2023  which is owed solely to its insured. The claimant owes no duty
 2024  to the insured or the insurer, and the duties of the claimant’s
 2025  attorney are owed solely to the claimant. The claimant and the
 2026  claimant’s attorney do not have a duty to comply with this
 2027  subsection.
 2028         (7) CONDITIONS PRECEDENT.—It is a condition precedent to
 2029  filing an action against an insurer for bad faith failure to
 2030  settle a third-party claim that:
 2031         (a) A third-party claimant obtained a final judgment in
 2032  excess of the policy limits against the insured or the insured’s
 2033  estate, bankruptcy trustee, or successor in interest, unless the
 2034  insurer expressly waived the requirement of a final excess
 2035  judgment or wrongfully breached its duty to defend the insured;
 2036  and
 2037         (b) The insurer or an agent of the insurer received actual
 2038  notice effective under subsection (4).
 2039         (8) SAFE HARBORS.—
 2040         (a) After an insurer receives actual notice of an incident
 2041  or a loss that could give rise to a covered liability claim, the
 2042  insurer is entitled to a reasonable opportunity to investigate
 2043  and evaluate the claim. The amount of time required for the
 2044  insurer’s investigation and evaluation will vary depending on
 2045  the circumstances of the claim. The safe harbors provided in
 2046  this subsection are available to an insurer that complies with
 2047  the best practices standards of subsection (4).
 2048         (b) When one claim arises out of a single occurrence, and
 2049  an insurer initiates settlement negotiations by tendering the
 2050  applicable policy limits in exchange for a general release of
 2051  the insured within 45 days after receiving actual notice of the
 2052  loss, the failure to tender the policy limits sooner does not
 2053  constitute bad faith.
 2054         (c) When multiple claims arise out of a single occurrence,
 2055  the combined value of all claims exceeds the total of all
 2056  applicable policy limits, and an insurer initiates settlement
 2057  negotiations by globally tendering the applicable policy limits
 2058  in exchange for a general release of the insured within 45 days
 2059  after receiving actual notice of the loss, the failure to tender
 2060  policy limits sooner does not constitute bad faith.
 2061         (d) An insurer is not under any circumstance liable for the
 2062  failure to accept a settlement offer within 45 days after
 2063  receiving actual notice of the loss if:
 2064         1. The settlement offer provides the insurer fewer than 15
 2065  days for acceptance; or
 2066         2. The settlement offer provides the insurer fewer than 30
 2067  days for acceptance where the offer contains conditions for
 2068  acceptance other than the insurer’s disclosure of its policy
 2069  limits.
 2070         (e) This subsection does not require that an insurer
 2071  automatically tender policy limits within 45 days in every case.
 2072         (9) BURDEN OF PROOF.—In any action for bad faith failure to
 2073  settle:
 2074         (a) The party bringing the bad faith claim must prove every
 2075  element of the claim by the greater weight of the evidence,
 2076  taking into account the totality of the circumstances.
 2077         (b) An insurer that relies upon paragraph (5)(d) as a
 2078  defense to a claim for bad faith failure to settle must prove
 2079  the elements of that paragraph by the greater weight of the
 2080  evidence.
 2081         (c) An insurer that relies upon a safe harbor provision of
 2082  subsection (8) must prove the elements of the safe harbor by the
 2083  greater weight of the evidence.
 2084         (10) DAMAGES.—If the trier of fact finds that the party
 2085  bringing the bad faith claim has met its burden of proof, the
 2086  insurer is liable for the amount of any excess judgment,
 2087  together with court costs and, if the party bringing the bad
 2088  faith claim is the insured or an assignee of the insured, the
 2089  reasonable attorney fees incurred by the party bringing the bad
 2090  faith claim. Punitive damages may not be awarded.
 2091         (11) AGENTS.—This section is not intended to expand or
 2092  diminish any cause of action currently available against
 2093  insurance agents who sell motor vehicle liability insurance
 2094  policies in this state.
 2095         Section 36. Paragraphs (i) and (o) of subsection (1) of
 2096  section 626.9541, Florida Statutes, are amended to read:
 2097         626.9541 Unfair methods of competition and unfair or
 2098  deceptive acts or practices defined.—
 2099         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
 2100  ACTS.—The following are defined as unfair methods of competition
 2101  and unfair or deceptive acts or practices:
 2102         (i) Unfair claim settlement practices.—
 2103         1. Attempting to settle claims on the basis of an
 2104  application, when serving as a binder or intended to become a
 2105  part of the policy, or any other material document which was
 2106  altered without notice to, or knowledge or consent of, the
 2107  insured;
 2108         2. Making a material misrepresentation made to an insured
 2109  or any other person having an interest in the proceeds payable
 2110  under such contract or policy, for the purpose and with the
 2111  intent of effecting settlement of such claims, loss, or damage
 2112  under such contract or policy on less favorable terms than those
 2113  provided in, and contemplated by, such contract or policy;
 2114         3. Committing or performing with such frequency as to
 2115  indicate a general business practice any of the following:
 2116         a. Failing to adopt and implement standards for the proper
 2117  investigation of claims;
 2118         b. Misrepresenting pertinent facts or insurance policy
 2119  provisions relating to coverages at issue;
 2120         c. Failing to acknowledge and act promptly upon
 2121  communications with respect to claims;
 2122         d. Denying claims without conducting reasonable
 2123  investigations based upon available information;
 2124         e. Failing to affirm or deny full or partial coverage of
 2125  claims, and, as to partial coverage, the dollar amount or extent
 2126  of coverage, or failing to provide a written statement that the
 2127  claim is being investigated, upon the written request of the
 2128  insured within 30 days after proof-of-loss statements have been
 2129  completed;
 2130         f. Failing to promptly provide a reasonable explanation in
 2131  writing to the insured of the basis in the insurance policy, in
 2132  relation to the facts or applicable law, for denial of a claim
 2133  or for the offer of a compromise settlement;
 2134         g. Failing to promptly notify the insured of any additional
 2135  information necessary for the processing of a claim; or
 2136         h. Failing to clearly explain the nature of the requested
 2137  information and the reasons why such information is necessary;
 2138  or
 2139         i.Failing to pay personal injury protection insurance
 2140  claims within the time periods required by s. 627.736(4)(b). The
 2141  office may order the insurer to pay restitution to a
 2142  policyholder, medical provider, or other claimant, including
 2143  interest at a rate consistent with the amount set forth in s.
 2144  55.03(1), for the time period within which an insurer fails to
 2145  pay claims as required by law. Restitution is in addition to any
 2146  other penalties allowed by law, including, but not limited to,
 2147  the suspension of the insurer’s certificate of authority; or
 2148         4. Failing to pay undisputed amounts of partial or full
 2149  benefits owed under first-party property insurance policies
 2150  within 60 days after an insurer receives notice of a residential
 2151  property insurance claim, determines the amounts of partial or
 2152  full benefits, and agrees to coverage, unless payment of the
 2153  undisputed benefits is prevented by factors beyond the control
 2154  of the insurer as defined in s. 627.70131(5).
 2155         (o) Illegal dealings in premiums; excess or reduced charges
 2156  for insurance.—
 2157         1. Knowingly collecting any sum as a premium or charge for
 2158  insurance, which is not then provided, or is not in due course
 2159  to be provided, subject to acceptance of the risk by the
 2160  insurer, by an insurance policy issued by an insurer as
 2161  permitted by this code.
 2162         2. Knowingly collecting as a premium or charge for
 2163  insurance any sum in excess of or less than the premium or
 2164  charge applicable to such insurance, in accordance with the
 2165  applicable classifications and rates as filed with and approved
 2166  by the office, and as specified in the policy; or, in cases when
 2167  classifications, premiums, or rates are not required by this
 2168  code to be so filed and approved, premiums and charges collected
 2169  from a Florida resident in excess of or less than those
 2170  specified in the policy and as fixed by the insurer.
 2171  Notwithstanding any other provision of law, this provision shall
 2172  not be deemed to prohibit the charging and collection, by
 2173  surplus lines agents licensed under part VIII of this chapter,
 2174  of the amount of applicable state and federal taxes, or fees as
 2175  authorized by s. 626.916(4), in addition to the premium required
 2176  by the insurer or the charging and collection, by licensed
 2177  agents, of the exact amount of any discount or other such fee
 2178  charged by a credit card facility in connection with the use of
 2179  a credit card, as authorized by subparagraph (q)3., in addition
 2180  to the premium required by the insurer. This subparagraph shall
 2181  not be construed to prohibit collection of a premium for a
 2182  universal life or a variable or indeterminate value insurance
 2183  policy made in accordance with the terms of the contract.
 2184         3.a. Imposing or requesting an additional premium for death
 2185  benefit coverage, bodily injury liability coverage, property
 2186  damage liability coverage a policy of motor vehicle liability,
 2187  personal injury protection, medical payments coverage payment,
 2188  or collision coverage in a motor vehicle liability insurance
 2189  policy insurance or any combination thereof or refusing to renew
 2190  the policy solely because the insured was involved in a motor
 2191  vehicle accident unless the insurer’s file contains information
 2192  from which the insurer in good faith determines that the insured
 2193  was substantially at fault in the accident.
 2194         b. An insurer which imposes and collects such a surcharge
 2195  or which refuses to renew such policy shall, in conjunction with
 2196  the notice of premium due or notice of nonrenewal, notify the
 2197  named insured that he or she is entitled to reimbursement of
 2198  such amount or renewal of the policy under the conditions listed
 2199  below and will subsequently reimburse him or her or renew the
 2200  policy, if the named insured demonstrates that the operator
 2201  involved in the accident was:
 2202         (I) Lawfully parked;
 2203         (II) Reimbursed by, or on behalf of, a person responsible
 2204  for the accident or has a judgment against such person;
 2205         (III) Struck in the rear by another vehicle headed in the
 2206  same direction and was not convicted of a moving traffic
 2207  violation in connection with the accident;
 2208         (IV) Hit by a “hit-and-run” driver, if the accident was
 2209  reported to the proper authorities within 24 hours after
 2210  discovering the accident;
 2211         (V) Not convicted of a moving traffic violation in
 2212  connection with the accident, but the operator of the other
 2213  automobile involved in such accident was convicted of a moving
 2214  traffic violation;
 2215         (VI) Finally adjudicated not to be liable by a court of
 2216  competent jurisdiction;
 2217         (VII) In receipt of a traffic citation which was dismissed
 2218  or nolle prossed; or
 2219         (VIII) Not at fault as evidenced by a written statement
 2220  from the insured establishing facts demonstrating lack of fault
 2221  which are not rebutted by information in the insurer’s file from
 2222  which the insurer in good faith determines that the insured was
 2223  substantially at fault.
 2224         c. In addition to the other provisions of this
 2225  subparagraph, an insurer may not fail to renew a policy if the
 2226  insured has had only one accident in which he or she was at
 2227  fault within the current 3-year period. However, an insurer may
 2228  nonrenew a policy for reasons other than accidents in accordance
 2229  with s. 627.728. This subparagraph does not prohibit nonrenewal
 2230  of a policy under which the insured has had three or more
 2231  accidents, regardless of fault, during the most recent 3-year
 2232  period.
 2233         4. Imposing or requesting an additional premium for, or
 2234  refusing to renew, a policy for motor vehicle insurance solely
 2235  because the insured committed a noncriminal traffic infraction
 2236  as described in s. 318.14 unless the infraction is:
 2237         a. A second infraction committed within an 18-month period,
 2238  or a third or subsequent infraction committed within a 36-month
 2239  period.
 2240         b. A violation of s. 316.183, when such violation is a
 2241  result of exceeding the lawful speed limit by more than 15 miles
 2242  per hour.
 2243         5. Upon the request of the insured, the insurer and
 2244  licensed agent shall supply to the insured the complete proof of
 2245  fault or other criteria which justifies the additional charge or
 2246  cancellation.
 2247         6. No insurer shall impose or request an additional premium
 2248  for motor vehicle insurance, cancel or refuse to issue a policy,
 2249  or refuse to renew a policy because the insured or the applicant
 2250  is a handicapped or physically disabled person, so long as such
 2251  handicap or physical disability does not substantially impair
 2252  such person’s mechanically assisted driving ability.
 2253         7. No insurer may cancel or otherwise terminate any
 2254  insurance contract or coverage, or require execution of a
 2255  consent to rate endorsement, during the stated policy term for
 2256  the purpose of offering to issue, or issuing, a similar or
 2257  identical contract or coverage to the same insured with the same
 2258  exposure at a higher premium rate or continuing an existing
 2259  contract or coverage with the same exposure at an increased
 2260  premium.
 2261         8. No insurer may issue a nonrenewal notice on any
 2262  insurance contract or coverage, or require execution of a
 2263  consent to rate endorsement, for the purpose of offering to
 2264  issue, or issuing, a similar or identical contract or coverage
 2265  to the same insured at a higher premium rate or continuing an
 2266  existing contract or coverage at an increased premium without
 2267  meeting any applicable notice requirements.
 2268         9. No insurer shall, with respect to premiums charged for
 2269  motor vehicle insurance, unfairly discriminate solely on the
 2270  basis of age, sex, marital status, or scholastic achievement.
 2271         10. Imposing or requesting an additional premium for motor
 2272  vehicle comprehensive or uninsured motorist coverage solely
 2273  because the insured was involved in a motor vehicle accident or
 2274  was convicted of a moving traffic violation.
 2275         11. No insurer shall cancel or issue a nonrenewal notice on
 2276  any insurance policy or contract without complying with any
 2277  applicable cancellation or nonrenewal provision required under
 2278  the Florida Insurance Code.
 2279         12. No insurer shall impose or request an additional
 2280  premium, cancel a policy, or issue a nonrenewal notice on any
 2281  insurance policy or contract because of any traffic infraction
 2282  when adjudication has been withheld and no points have been
 2283  assessed pursuant to s. 318.14(9) and (10). However, this
 2284  subparagraph does not apply to traffic infractions involving
 2285  accidents in which the insurer has incurred a loss due to the
 2286  fault of the insured.
 2287         Section 37. Paragraph (a) of subsection (1) of section
 2288  626.989, Florida Statutes, is amended to read:
 2289         626.989 Investigation by department or Division of
 2290  Investigative and Forensic Services; compliance; immunity;
 2291  confidential information; reports to division; division
 2292  investigator’s power of arrest.—
 2293         (1) For the purposes of this section:
 2294         (a) A person commits a “fraudulent insurance act” if the
 2295  person:
 2296         1. Knowingly and with intent to defraud presents, causes to
 2297  be presented, or prepares with knowledge or belief that it will
 2298  be presented, to or by an insurer, self-insurer, self-insurance
 2299  fund, servicing corporation, purported insurer, broker, or any
 2300  agent thereof, any written statement as part of, or in support
 2301  of, an application for the issuance of, or the rating of, any
 2302  insurance policy, or a claim for payment or other benefit
 2303  pursuant to any insurance policy, which the person knows to
 2304  contain materially false information concerning any fact
 2305  material thereto or if the person conceals, for the purpose of
 2306  misleading another, information concerning any fact material
 2307  thereto.
 2308         2. Knowingly submits:
 2309         a. A false, misleading, or fraudulent application or other
 2310  document when applying for licensure as a health care clinic,
 2311  seeking an exemption from licensure as a health care clinic, or
 2312  demonstrating compliance with part X of chapter 400 with an
 2313  intent to use the license, exemption from licensure, or
 2314  demonstration of compliance to provide services or seek
 2315  reimbursement under a motor vehicle liability insurance policy’s
 2316  medical payments coverage the Florida Motor Vehicle No-Fault
 2317  Law.
 2318         b. A claim for payment or other benefit under a motor
 2319  vehicle liability insurance policy’s medical payments coverage,
 2320  pursuant to a personal injury protection insurance policy under
 2321  the Florida Motor Vehicle No-Fault Law if the person knows that
 2322  the payee knowingly submitted a false, misleading, or fraudulent
 2323  application or other document when applying for licensure as a
 2324  health care clinic, seeking an exemption from licensure as a
 2325  health care clinic, or demonstrating compliance with part X of
 2326  chapter 400.
 2327         Section 38. Subsection (1) of section 627.06501, Florida
 2328  Statutes, is amended to read:
 2329         627.06501 Insurance discounts for certain persons
 2330  completing driver improvement course.—
 2331         (1) Any rate, rating schedule, or rating manual for the
 2332  liability, medical payments, death benefit personal injury
 2333  protection, and collision coverages of a motor vehicle insurance
 2334  policy filed with the office may provide for an appropriate
 2335  reduction in premium charges as to such coverages if when the
 2336  principal operator on the covered vehicle has successfully
 2337  completed a driver improvement course approved and certified by
 2338  the Department of Highway Safety and Motor Vehicles which is
 2339  effective in reducing crash or violation rates, or both, as
 2340  determined pursuant to s. 318.1451(5). Any discount, not to
 2341  exceed 10 percent, used by an insurer is presumed to be
 2342  appropriate unless credible data demonstrates otherwise.
 2343         Section 39. Subsection (15) is added to section 627.0651,
 2344  Florida Statutes, to read:
 2345         627.0651 Making and use of rates for motor vehicle
 2346  insurance.—
 2347         (15)Rate filings for motor vehicle liability policies that
 2348  implement the financial responsibility requirements of s.
 2349  324.022 in effect July 1, 2024, except for commercial motor
 2350  vehicle insurance policies exempt under paragraph (14)(a), must
 2351  reflect such financial responsibility requirements and may be
 2352  approved only through the file and use process under paragraph
 2353  (1)(a).
 2354         Section 40. Subsection (1) of section 627.0652, Florida
 2355  Statutes, is amended to read:
 2356         627.0652 Insurance discounts for certain persons completing
 2357  safety course.—
 2358         (1) Any rates, rating schedules, or rating manuals for the
 2359  liability, medical payments, death benefit personal injury
 2360  protection, and collision coverages of a motor vehicle insurance
 2361  policy filed with the office must shall provide for an
 2362  appropriate reduction in premium charges as to such coverages if
 2363  when the principal operator on the covered vehicle is an insured
 2364  55 years of age or older who has successfully completed a motor
 2365  vehicle accident prevention course approved by the Department of
 2366  Highway Safety and Motor Vehicles. Any discount used by an
 2367  insurer is presumed to be appropriate unless credible data
 2368  demonstrates otherwise.
 2369         Section 41. Subsections (1), (3), and (6) of section
 2370  627.0653, Florida Statutes, are amended to read:
 2371         627.0653 Insurance discounts for specified motor vehicle
 2372  equipment.—
 2373         (1) Any rates, rating schedules, or rating manuals for the
 2374  liability, medical payments, death benefit personal injury
 2375  protection, and collision coverages of a motor vehicle insurance
 2376  policy filed with the office must shall provide a premium
 2377  discount if the insured vehicle is equipped with factory
 2378  installed, four-wheel antilock brakes.
 2379         (3) Any rates, rating schedules, or rating manuals for
 2380  personal injury protection coverage and medical payments
 2381  coverage, if offered, of a motor vehicle insurance policy filed
 2382  with the office must shall provide a premium discount if the
 2383  insured vehicle is equipped with one or more air bags that which
 2384  are factory installed.
 2385         (6) The Office of Insurance Regulation may approve a
 2386  premium discount to any rates, rating schedules, or rating
 2387  manuals for the liability, medical payments, death benefit
 2388  personal injury protection, and collision coverages of a motor
 2389  vehicle insurance policy filed with the office if the insured
 2390  vehicle is equipped with an automated driving system or
 2391  electronic vehicle collision avoidance technology that is
 2392  factory installed or a retrofitted system and that complies with
 2393  National Highway Traffic Safety Administration standards.
 2394         Section 42. Section 627.4132, Florida Statutes, is amended
 2395  to read:
 2396         627.4132 Stacking of coverages prohibited.—If an insured or
 2397  named insured is protected by any type of motor vehicle
 2398  insurance policy for bodily injury and property damage
 2399  liability, personal injury protection, or other coverage, the
 2400  policy must shall provide that the insured or named insured is
 2401  protected only to the extent of the coverage she or he has on
 2402  the vehicle involved in the accident. However, if none of the
 2403  insured’s or named insured’s vehicles are is involved in the
 2404  accident, coverage is available only to the extent of coverage
 2405  on any one of the vehicles with applicable coverage. Coverage on
 2406  any other vehicles may shall not be added to or stacked upon
 2407  that coverage. This section does not apply:
 2408         (1) Apply to uninsured motorist coverage that which is
 2409  separately governed by s. 627.727.
 2410         (2) To Reduce the coverage available by reason of insurance
 2411  policies insuring different named insureds.
 2412         Section 43. Subsection (1) of section 627.4137, Florida
 2413  Statutes, is amended to read:
 2414         627.4137 Disclosure of certain information required.—
 2415         (1) Each insurer which does or may provide liability
 2416  insurance coverage to pay all or a portion of any claim which
 2417  might be made shall provide, within 30 days after of the written
 2418  request of the claimant or the claimant’s attorney, a statement,
 2419  under oath, of a corporate officer or the insurer’s claims
 2420  manager or superintendent setting forth the following
 2421  information with regard to each known policy of insurance,
 2422  including excess or umbrella insurance:
 2423         (a) The name of the insurer.
 2424         (b) The name of each insured.
 2425         (c) The limits of the liability coverage.
 2426         (d) A statement of any policy or coverage defense which
 2427  such insurer reasonably believes is available to such insurer at
 2428  the time of filing such statement.
 2429         (e) A copy of the policy.
 2430  
 2431  In addition, the insured, or her or his insurance agent, upon
 2432  written request of the claimant or the claimant’s attorney,
 2433  shall disclose the name and coverage of each known insurer to
 2434  the claimant and shall forward such request for information as
 2435  required by this subsection to all affected insurers. The
 2436  insurer shall then supply the information required in this
 2437  subsection to the claimant within 30 days after of receipt of
 2438  such request. If an insurer fails to timely comply with this
 2439  section, the claimant may file an action in a court of competent
 2440  jurisdiction to enforce this section. If the court determines
 2441  that the insurer violated this section, the claimant is entitled
 2442  to an award of reasonable attorney fees and costs to be paid by
 2443  the insurer.
 2444         Section 44. Section 627.7263, Florida Statutes, is amended
 2445  to read:
 2446         627.7263 Rental and leasing driver’s insurance to be
 2447  primary; exception.—
 2448         (1) The valid and collectible liability insurance, death
 2449  benefit coverage, and medical payments coverage or personal
 2450  injury protection insurance providing coverage for the lessor of
 2451  a motor vehicle for rent or lease are is primary unless
 2452  otherwise stated in at least 10-point type on the face of the
 2453  rental or lease agreement. Such insurance is primary for the
 2454  limits of liability and personal injury protection coverage as
 2455  required under s. 324.021(7), the death benefit coverage limit
 2456  required under s. 627.72761, and the medical payments coverage
 2457  limit required under s. 627.7265 by ss. 324.021(7) and 627.736.
 2458         (2) If the lessee’s coverage is to be primary, the rental
 2459  or lease agreement must contain the following language, in at
 2460  least 10-point type:
 2461  
 2462         “The valid and collectible liability insurance, death
 2463         benefit coverage, and medical payments coverage
 2464         personal injury protection insurance of an any
 2465         authorized rental or leasing driver are is primary for
 2466         the limits of liability and personal injury protection
 2467         coverage required under s. 324.021(7), Florida
 2468         Statutes, the limit of the death benefit coverage
 2469         required under s. 627.72761, Florida Statutes, and the
 2470         medical payments coverage limit required under s.
 2471         627.7265 by ss. 324.021(7) and 627.736, Florida
 2472         Statutes.”
 2473         Section 45. Section 627.7265, Florida Statutes, is created
 2474  to read:
 2475         627.7265Motor vehicle insurance; medical payments
 2476  coverage.—
 2477         (1)Medical payments coverage must protect the named
 2478  insured, resident relatives, persons operating the insured motor
 2479  vehicle, passengers in the insured motor vehicle, and persons
 2480  who are struck by the insured motor vehicle and suffer bodily
 2481  injury while not an occupant of a self-propelled motor vehicle
 2482  at a limit of at least $5,000 for medical expenses incurred due
 2483  to bodily injury, sickness, or disease arising out of the
 2484  ownership, maintenance, or use of a motor vehicle.
 2485         (a)Before issuing a motor vehicle liability insurance
 2486  policy that is furnished as proof of financial responsibility
 2487  under s. 324.031, the insurer must offer medical payments
 2488  coverage at limits of $5,000 and $10,000. The insurer may also
 2489  offer medical payments coverage at any limit greater than
 2490  $5,000.
 2491         (b)The insurer must offer medical payments coverage with
 2492  no deductible. The insurer may also offer medical payments
 2493  coverage with a deductible not to exceed $500.
 2494         (c)This section may not be construed to limit any other
 2495  coverage made available by an insurer.
 2496         (2)Upon receiving notice of an accident that is
 2497  potentially covered by medical payments coverage benefits, the
 2498  insurer must reserve $5,000 of medical payments coverage
 2499  benefits for payment to physicians licensed under chapter 458 or
 2500  chapter 459 or dentists licensed under chapter 466 who provide
 2501  emergency services and care, as defined in s. 395.002(9), or who
 2502  provide hospital inpatient care. The amount required to be held
 2503  in reserve may be used only to pay claims from such physicians
 2504  or dentists until 30 days after the date the insurer receives
 2505  notice of the accident. After the 30-day period, any amount of
 2506  the reserve for which the insurer has not received notice of
 2507  such claims may be used by the insurer to pay other claims. This
 2508  subsection does not require an insurer to establish a claim
 2509  reserve for insurance accounting purposes.
 2510         (3)An insurer providing medical payments coverage benefits
 2511  may not:
 2512         (a)Seek a lien on any recovery in tort by judgment,
 2513  settlement, or otherwise for medical payments coverage benefits,
 2514  regardless of whether suit has been filed or settlement has been
 2515  reached without suit; or
 2516         (b)Bring a cause of action against a person to whom or for
 2517  whom medical payments coverage benefits were paid, except when
 2518  medical payments coverage benefits were paid by reason of fraud
 2519  committed by that person.
 2520         (4)An insurer providing medical payments coverage may
 2521  include provisions in its policy allowing for subrogation for
 2522  medical payments coverage benefits paid if the expenses giving
 2523  rise to the payments were caused by the wrongful act or omission
 2524  of another who is not also an insured under the policy paying
 2525  the medical payments coverage benefits. However, this
 2526  subrogation right is inferior to the rights of the injured
 2527  insured and is available only after all the insured’s damages
 2528  are recovered and the insured is made whole. An insured who
 2529  obtains a recovery from a third party of the full amount of the
 2530  damages sustained and delivers a release or satisfaction that
 2531  impairs a medical payments insurer’s subrogation right is liable
 2532  to the insurer for repayment of medical payments coverage
 2533  benefits less any expenses of acquiring the recovery, including
 2534  a prorated share of attorney fees and costs, and shall hold that
 2535  net recovery in trust to be delivered to the medical payments
 2536  insurer. The insurer may not include any provision in its policy
 2537  allowing for subrogation for any death benefit paid.
 2538         Section 46. Subsections (1) and (7) of section 627.727,
 2539  Florida Statutes, are amended to read:
 2540         627.727 Motor vehicle insurance; uninsured and underinsured
 2541  vehicle coverage; insolvent insurer protection.—
 2542         (1) A No motor vehicle liability insurance policy that
 2543  which provides bodily injury liability coverage may not shall be
 2544  delivered or issued for delivery in this state with respect to
 2545  any specifically insured or identified motor vehicle registered
 2546  or principally garaged in this state, unless uninsured motor
 2547  vehicle coverage is provided therein or supplemental thereto for
 2548  the protection of persons insured thereunder who are legally
 2549  entitled to recover damages from owners or operators of
 2550  uninsured motor vehicles because of bodily injury, sickness, or
 2551  disease, including death, resulting therefrom. However, the
 2552  coverage required under this section is not applicable if when,
 2553  or to the extent that, an insured named in the policy makes a
 2554  written rejection of the coverage on behalf of all insureds
 2555  under the policy. If When a motor vehicle is leased for a period
 2556  of 1 year or longer and the lessor of such vehicle, by the terms
 2557  of the lease contract, provides liability coverage on the leased
 2558  vehicle, the lessee of such vehicle has shall have the sole
 2559  privilege to reject uninsured motorist coverage or to select
 2560  lower limits than the bodily injury liability limits, regardless
 2561  of whether the lessor is qualified as a self-insurer pursuant to
 2562  s. 324.171. Unless an insured, or a lessee having the privilege
 2563  of rejecting uninsured motorist coverage, requests such coverage
 2564  or requests higher uninsured motorist limits in writing, the
 2565  coverage or such higher uninsured motorist limits need not be
 2566  provided in or supplemental to any other policy that which
 2567  renews, extends, changes, supersedes, or replaces an existing
 2568  policy with the same bodily injury liability limits when an
 2569  insured or lessee had rejected the coverage. When an insured or
 2570  lessee has initially selected limits of uninsured motorist
 2571  coverage lower than her or his bodily injury liability limits,
 2572  higher limits of uninsured motorist coverage need not be
 2573  provided in or supplemental to any other policy that which
 2574  renews, extends, changes, supersedes, or replaces an existing
 2575  policy with the same bodily injury liability limits unless an
 2576  insured requests higher uninsured motorist coverage in writing.
 2577  The rejection or selection of lower limits must shall be made on
 2578  a form approved by the office. The form must shall fully advise
 2579  the applicant of the nature of the coverage and must shall state
 2580  that the coverage is equal to bodily injury liability limits
 2581  unless lower limits are requested or the coverage is rejected.
 2582  The heading of the form must shall be in 12-point bold type and
 2583  must shall state: “You are electing not to purchase certain
 2584  valuable coverage that which protects you and your family or you
 2585  are purchasing uninsured motorist limits less than your bodily
 2586  injury liability limits when you sign this form. Please read
 2587  carefully.” If this form is signed by a named insured, it will
 2588  be conclusively presumed that there was an informed, knowing
 2589  rejection of coverage or election of lower limits on behalf of
 2590  all insureds. The insurer shall notify the named insured at
 2591  least annually of her or his options as to the coverage required
 2592  by this section. Such notice must shall be part of, and attached
 2593  to, the notice of premium, must shall provide for a means to
 2594  allow the insured to request such coverage, and must shall be
 2595  given in a manner approved by the office. Receipt of this notice
 2596  does not constitute an affirmative waiver of the insured’s right
 2597  to uninsured motorist coverage if where the insured has not
 2598  signed a selection or rejection form. The coverage described
 2599  under this section must shall be over and above, but may shall
 2600  not duplicate, the benefits available to an insured under any
 2601  workers’ compensation law, personal injury protection benefits,
 2602  disability benefits law, or similar law; under any automobile
 2603  medical payments expense coverage; under any motor vehicle
 2604  liability insurance coverage; or from the owner or operator of
 2605  the uninsured motor vehicle or any other person or organization
 2606  jointly or severally liable together with such owner or operator
 2607  for the accident,; and such coverage must shall cover the
 2608  difference, if any, between the sum of such benefits and the
 2609  damages sustained, up to the maximum amount of such coverage
 2610  provided under this section. The amount of coverage available
 2611  under this section may shall not be reduced by a setoff against
 2612  any coverage, including liability insurance. Such coverage does
 2613  shall not inure directly or indirectly to the benefit of any
 2614  workers’ compensation or disability benefits carrier or any
 2615  person or organization qualifying as a self-insurer under any
 2616  workers’ compensation or disability benefits law or similar law.
 2617         (7) The legal liability of an uninsured motorist coverage
 2618  insurer includes does not include damages in tort for pain,
 2619  suffering, disability, physical impairment, disfigurement,
 2620  mental anguish, and inconvenience, and the loss of capacity for
 2621  the enjoyment of life experienced in the past and to be
 2622  experienced in the future unless the injury or disease is
 2623  described in one or more of paragraphs (a)-(d) of s. 627.737(2).
 2624         Section 47. Section 627.7275, Florida Statutes, is amended
 2625  to read:
 2626         627.7275 Required coverages in motor vehicle insurance
 2627  policies; availability to certain applicants liability.—
 2628         (1) A motor vehicle insurance policy providing personal
 2629  injury protection as set forth in s. 627.736 may not be
 2630  delivered or issued for delivery in this state for a with
 2631  respect to any specifically insured or identified motor vehicle
 2632  registered or principally garaged in this state must provide
 2633  bodily injury liability coverage and unless the policy also
 2634  provides coverage for property damage liability coverage as
 2635  required under ss. 324.022 and 324.151 and death benefit
 2636  coverage as required under s. 627.72761 by s. 324.022.
 2637         (2)(a) Insurers writing motor vehicle insurance in this
 2638  state shall make available, subject to the insurers’ usual
 2639  underwriting restrictions:
 2640         1. Coverage under policies as described in subsection (1)
 2641  to an applicant for private passenger motor vehicle insurance
 2642  coverage who is seeking the coverage in order to reinstate the
 2643  applicant’s driving privileges in this state if the driving
 2644  privileges were revoked or suspended pursuant to s. 316.646 or
 2645  s. 324.0221 due to the failure of the applicant to maintain
 2646  required security.
 2647         2. Coverage under policies as described in subsection (1),
 2648  which includes bodily injury also provides liability coverage
 2649  and property damage liability coverage for bodily injury, death,
 2650  and property damage arising out of the ownership, maintenance,
 2651  or use of the motor vehicle in an amount not less than the
 2652  minimum limits required under described in s. 324.021(7) or s.
 2653  324.023 and which conforms to the requirements of s. 324.151, to
 2654  an applicant for private passenger motor vehicle insurance
 2655  coverage who is seeking the coverage in order to reinstate the
 2656  applicant’s driving privileges in this state after such
 2657  privileges were revoked or suspended under s. 316.193 or s.
 2658  322.26(2) for driving under the influence.
 2659         (b) The policies described in paragraph (a) must shall be
 2660  issued for at least 6 months and, as to the minimum coverages
 2661  required under this section, may not be canceled by the insured
 2662  for any reason or by the insurer after 60 days, during which
 2663  period the insurer is completing the underwriting of the policy.
 2664  After the insurer has completed underwriting the policy, the
 2665  insurer shall notify the Department of Highway Safety and Motor
 2666  Vehicles that the policy is in full force and effect and is not
 2667  cancelable for the remainder of the policy period. A premium
 2668  must shall be collected and the coverage is in effect for the
 2669  60-day period during which the insurer is completing the
 2670  underwriting of the policy, whether or not the person’s driver
 2671  license, motor vehicle tag, and motor vehicle registration are
 2672  in effect. Once the noncancelable provisions of the policy
 2673  become effective, the bodily injury liability and property
 2674  damage liability coverages for bodily injury, property damage,
 2675  and personal injury protection may not be reduced below the
 2676  minimum limits required under s. 324.021 or s. 324.023 during
 2677  the policy period.
 2678         (c) This subsection controls to the extent of any conflict
 2679  with any other section.
 2680         (d) An insurer issuing a policy subject to this section may
 2681  cancel the policy if, during the policy term, the named insured,
 2682  or any other operator who resides in the same household or
 2683  customarily operates an automobile insured under the policy, has
 2684  his or her driver license suspended or revoked.
 2685         (e) This subsection does not require an insurer to offer a
 2686  policy of insurance to an applicant if such offer would be
 2687  inconsistent with the insurer’s underwriting guidelines and
 2688  procedures.
 2689         Section 48. Section 627.72761, Florida Statutes, is created
 2690  to read:
 2691         627.72761Required motor vehicle death benefit coverage.—An
 2692  insurance policy complying with the financial responsibility
 2693  requirements of s. 324.022 must provide a death benefit of
 2694  $5,000 for each deceased person upon the death of the named
 2695  insured, relatives residing in the same household, persons
 2696  operating the insured motor vehicle, passengers in the motor
 2697  vehicle, and other persons struck by the motor vehicle and
 2698  suffering bodily injury while not an occupant of a self
 2699  propelled motor vehicle when such death arises out of the
 2700  ownership, maintenance, or use of a motor vehicle. The insurer
 2701  may pay death benefits to the executor or administrator of the
 2702  deceased person; to any of the deceased person’s relatives by
 2703  blood, legal adoption, or marriage; or to any person appearing
 2704  to the insurer to be equitably entitled to such benefits. The
 2705  benefit may not be paid if the deceased person died as a result
 2706  of causing injury or death to himself or herself intentionally
 2707  or because of injuries or death incurred while committing a
 2708  felony.
 2709         Section 49. Effective upon this act becoming a law, section
 2710  627.7278, Florida Statutes, is created to read:
 2711         627.7278Applicability and construction; notice to
 2712  policyholders.—
 2713         (1)As used in this section, the term “minimum security
 2714  requirements” means security that enables a person to respond in
 2715  damages for liability on account of crashes arising out of the
 2716  ownership, maintenance, or use of a motor vehicle, in the
 2717  amounts required by s. 324.022.
 2718         (2)Effective July 1, 2024:
 2719         (a)Motor vehicle insurance policies issued or renewed on
 2720  or after July 1, 2024, may not include personal injury
 2721  protection.
 2722         (b)All persons subject to s. 324.022, s. 324.032, s.
 2723  627.7415, or s. 627.742 must maintain at least minimum security
 2724  requirements.
 2725         (c)Any new or renewal motor vehicle insurance policy
 2726  delivered or issued for delivery in this state must provide
 2727  coverage that complies with minimum security requirements and
 2728  provides the death benefit set forth in s. 627.72761.
 2729         (d)An existing motor vehicle insurance policy issued
 2730  before July 1, 2024, which provides personal injury protection
 2731  and property damage liability coverage that meets the
 2732  requirements of s. 324.022 on June 30, 2024, but that does not
 2733  meet minimum security requirements on or after July 1, 2024, is
 2734  deemed to meet minimum security requirements until such policy
 2735  is renewed, nonrenewed, or canceled on or after July 1, 2024.
 2736  Sections 400.9905, 400.991, 456.057, 456.072, 626.9541(1)(i),
 2737  627.7263, 627.727, 627.730-627.7405, 627.748, and 817.234,
 2738  Florida Statutes 2022, remain in full force and effect for motor
 2739  vehicle accidents covered under a policy issued under the
 2740  Florida Motor Vehicle No-Fault Law before July 1, 2024, until
 2741  the policy is renewed, nonrenewed, or canceled on or after July
 2742  1, 2024.
 2743         (3)Each insurer shall allow each insured who has a new or
 2744  renewal policy providing personal injury protection which
 2745  becomes effective before July 1, 2024, and whose policy does not
 2746  meet minimum security requirements on or after July 1, 2024, to
 2747  change coverages so as to eliminate personal injury protection
 2748  and obtain coverage providing minimum security requirements and
 2749  the death benefit set forth in s. 627.72761, which shall be
 2750  effective on or after July 1, 2024. The insurer is not required
 2751  to provide coverage complying with minimum security requirements
 2752  and the death benefit set forth in s. 627.72761 in such policies
 2753  if the insured does not pay the required premium, if any, by
 2754  July 1, 2024, or such later date as the insurer may allow. The
 2755  insurer shall also offer each insured medical payments coverage
 2756  under s. 627.7265. Any reduction in the premium must be refunded
 2757  by the insurer. The insurer may not impose on the insured an
 2758  additional fee or charge that applies solely to a change in
 2759  coverage; however, the insurer may charge an additional required
 2760  premium that is actuarially indicated.
 2761         (4)By April 1, 2024, each motor vehicle insurer shall
 2762  provide notice of this section to each motor vehicle
 2763  policyholder who is subject to this section. The notice is
 2764  subject to approval by the office and must clearly inform the
 2765  policyholder that:
 2766         (a)The Florida Motor Vehicle No-Fault Law is repealed
 2767  effective July 1, 2024, and that on or after that date, the
 2768  insured is no longer required to maintain personal injury
 2769  protection insurance coverage, that personal injury protection
 2770  coverage is no longer available for purchase in this state, and
 2771  that all new or renewal policies issued on or after that date
 2772  will not contain that coverage.
 2773         (b)Effective July 1, 2024, a person subject to the
 2774  financial responsibility requirements of s. 324.022 must:
 2775         1.Maintain minimum security requirements that enable the
 2776  person to respond to damages for liability on account of
 2777  accidents arising out of the use of a motor vehicle in the
 2778  following amounts:
 2779         a.Twenty-five thousand dollars for bodily injury to, or
 2780  the death of, one person in any one crash and, subject to such
 2781  limits for one person, in the amount of $50,000 for bodily
 2782  injury to, or the death of, two or more persons in any one
 2783  crash; and
 2784         b.Ten thousand dollars for damage to, or destruction of,
 2785  the property of others in any one crash.
 2786         2.Purchase a death benefit under s. 627.72761 providing
 2787  coverage in the amount of $5,000 per deceased individual upon
 2788  the death of the named insured, relatives residing in the same
 2789  household, persons operating the insured motor vehicle,
 2790  passengers in the motor vehicle, and other persons struck by the
 2791  motor vehicle and suffering bodily injury while not an occupant
 2792  of a self-propelled motor vehicle, when such death arises out of
 2793  the ownership, maintenance, or use of a motor vehicle.
 2794         (c)Bodily injury liability coverage protects the insured,
 2795  up to the coverage limits, against loss if the insured is
 2796  legally responsible for the death of or bodily injury to others
 2797  in a motor vehicle accident.
 2798         (d)Effective July 1, 2024, each policyholder of motor
 2799  vehicle liability insurance purchased as proof of financial
 2800  responsibility must be offered medical payments coverage
 2801  benefits that comply with s. 627.7265. The insurer must offer
 2802  medical payments coverage at limits of $5,000 and $10,000
 2803  without a deductible. The insurer may also offer medical
 2804  payments coverage at other limits greater than $5,000 and may
 2805  offer coverage with a deductible of up to $500. Medical payments
 2806  coverage pays covered medical expenses incurred due to bodily
 2807  injury, sickness, or disease arising out of the ownership,
 2808  maintenance, or use of the motor vehicle, up to the limits of
 2809  such coverage, for injuries sustained in a motor vehicle crash
 2810  by the named insured, resident relatives, any persons operating
 2811  the insured motor vehicle, passengers in the insured motor
 2812  vehicle, and persons who are struck by the insured motor vehicle
 2813  and suffer bodily injury while not an occupant of a self
 2814  propelled motor vehicle as provided in s. 627.7265.
 2815         (e)The policyholder may obtain uninsured and underinsured
 2816  motorist coverage that provides benefits, up to the limits of
 2817  such coverage, to a policyholder or other insured entitled to
 2818  recover damages for bodily injury, sickness, disease, or death
 2819  resulting from a motor vehicle accident with an uninsured or
 2820  underinsured owner or operator of a motor vehicle.
 2821         (f)If the policyholder’s new or renewal motor vehicle
 2822  insurance policy is effective before July 1, 2024, and contains
 2823  personal injury protection and property damage liability
 2824  coverage as required by state law before July 1, 2024, but does
 2825  not meet minimum security requirements on or after July 1, 2024,
 2826  the policy is deemed to meet minimum security requirements and
 2827  need not provide the death benefit set forth in s. 627.72761
 2828  until it is renewed, nonrenewed, or canceled on or after July 1,
 2829  2024.
 2830         (g)A policyholder whose new or renewal policy becomes
 2831  effective before July 1, 2024, but does not meet minimum
 2832  security requirements on or after July 1, 2024, may change
 2833  coverages under the policy so as to eliminate personal injury
 2834  protection and to obtain coverage providing minimum security
 2835  requirements, including bodily injury liability coverage and the
 2836  death benefit set forth in s. 627.72761, which are effective on
 2837  or after July 1, 2024.
 2838         (h)If the policyholder has any questions, he or she should
 2839  contact the person named at the telephone number provided in the
 2840  notice.
 2841         Section 50. Paragraph (a) of subsection (1) of section
 2842  627.728, Florida Statutes, is amended to read:
 2843         627.728 Cancellations; nonrenewals.—
 2844         (1) As used in this section, the term:
 2845         (a) “Policy” means the bodily injury and property damage
 2846  liability, personal injury protection, medical payments, death
 2847  benefit, comprehensive, collision, and uninsured motorist
 2848  coverage portions of a policy of motor vehicle insurance
 2849  delivered or issued for delivery in this state:
 2850         1. Insuring a natural person as named insured or one or
 2851  more related individuals who are residents resident of the same
 2852  household; and
 2853         2. Insuring only a motor vehicle of the private passenger
 2854  type or station wagon type which is not used as a public or
 2855  livery conveyance for passengers or rented to others; or
 2856  insuring any other four-wheel motor vehicle having a load
 2857  capacity of 1,500 pounds or less which is not used in the
 2858  occupation, profession, or business of the insured other than
 2859  farming; other than any policy issued under an automobile
 2860  insurance assigned risk plan or covering garage, automobile
 2861  sales agency, repair shop, service station, or public parking
 2862  place operation hazards.
 2863  
 2864  The term “policy” does not include a binder as defined in s.
 2865  627.420 unless the duration of the binder period exceeds 60
 2866  days.
 2867         Section 51. Subsection (1), paragraph (a) of subsection
 2868  (5), and subsections (6) and (7) of section 627.7295, Florida
 2869  Statutes, are amended to read:
 2870         627.7295 Motor vehicle insurance contracts.—
 2871         (1) As used in this section, the term:
 2872         (a) “Policy” means a motor vehicle insurance policy that
 2873  provides death benefit coverage under s. 627.72761, bodily
 2874  injury liability personal injury protection coverage, and,
 2875  property damage liability coverage, or both.
 2876         (b) “Binder” means a binder that provides motor vehicle
 2877  death benefit coverage under s. 627.72761, bodily injury
 2878  liability coverage, personal injury protection and property
 2879  damage liability coverage.
 2880         (5)(a) A licensed general lines agent may charge a per
 2881  policy fee of up to not to exceed $10 to cover the
 2882  administrative costs of the agent associated with selling the
 2883  motor vehicle insurance policy if the policy provides covers
 2884  only the death benefit coverage under s. 627.72761, bodily
 2885  injury liability coverage, personal injury protection coverage
 2886  as provided by s. 627.736 and property damage liability coverage
 2887  under as provided by s. 627.7275 and if no other insurance is
 2888  sold or issued in conjunction with or collateral to the policy.
 2889  The fee is not considered part of the premium.
 2890         (6) If a motor vehicle owner’s driver license, license
 2891  plate, and registration have previously been suspended pursuant
 2892  to s. 316.646 or s. 627.733, an insurer may cancel a new policy
 2893  only as provided in s. 627.7275.
 2894         (7) A policy of private passenger motor vehicle insurance
 2895  or a binder for such a policy may be initially issued in this
 2896  state only if, before the effective date of such binder or
 2897  policy, the insurer or agent has collected from the insured an
 2898  amount equal to at least 1 month’s premium. An insurer, agent,
 2899  or premium finance company may not, directly or indirectly, take
 2900  any action that results resulting in the insured paying having
 2901  paid from the insured’s own funds an amount less than the 1
 2902  month’s premium required by this subsection. This subsection
 2903  applies without regard to whether the premium is financed by a
 2904  premium finance company or is paid pursuant to a periodic
 2905  payment plan of an insurer or an insurance agent.
 2906         (a) This subsection does not apply:
 2907         1. If an insured or member of the insured’s family is
 2908  renewing or replacing a policy or a binder for such policy
 2909  written by the same insurer or a member of the same insurer
 2910  group. This subsection does not apply
 2911         2. To an insurer that issues private passenger motor
 2912  vehicle coverage primarily to active duty or former military
 2913  personnel or their dependents. This subsection does not apply
 2914         3. If all policy payments are paid pursuant to a payroll
 2915  deduction plan, an automatic electronic funds transfer payment
 2916  plan from the policyholder, or a recurring credit card or debit
 2917  card agreement with the insurer.
 2918         (b) This subsection and subsection (4) do not apply if:
 2919         1. All policy payments to an insurer are paid pursuant to
 2920  an automatic electronic funds transfer payment plan from an
 2921  agent, a managing general agent, or a premium finance company
 2922  and if the policy includes, at a minimum, the death benefit
 2923  coverage under s. 627.72761, bodily injury liability coverage,
 2924  and personal injury protection pursuant to ss. 627.730-627.7405;
 2925  motor vehicle property damage liability coverage under pursuant
 2926  to s. 627.7275; or and bodily injury liability in at least the
 2927  amount of $10,000 because of bodily injury to, or death of, one
 2928  person in any one accident and in the amount of $20,000 because
 2929  of bodily injury to, or death of, two or more persons in any one
 2930  accident. This subsection and subsection (4) do not apply if
 2931         2. An insured has had a policy in effect for at least 6
 2932  months, the insured’s agent is terminated by the insurer that
 2933  issued the policy, and the insured obtains coverage on the
 2934  policy’s renewal date with a new company through the terminated
 2935  agent.
 2936         Section 52. Section 627.7415, Florida Statutes, is amended
 2937  to read:
 2938         627.7415 Commercial motor vehicles; additional liability
 2939  insurance coverage.—Beginning July 1, 2024, commercial motor
 2940  vehicles, as defined in s. 207.002 or s. 320.01, operated upon
 2941  the roads and highways of this state must shall be insured with
 2942  the following minimum levels of combined bodily liability
 2943  insurance and property damage liability insurance in addition to
 2944  any other insurance requirements:
 2945         (1) Sixty Fifty thousand dollars per occurrence for a
 2946  commercial motor vehicle with a gross vehicle weight of 26,000
 2947  pounds or more, but less than 35,000 pounds.
 2948         (2) One hundred twenty thousand dollars per occurrence for
 2949  a commercial motor vehicle with a gross vehicle weight of 35,000
 2950  pounds or more, but less than 44,000 pounds.
 2951         (3) Three hundred thousand dollars per occurrence for a
 2952  commercial motor vehicle with a gross vehicle weight of 44,000
 2953  pounds or more.
 2954         (4) All commercial motor vehicles subject to regulations of
 2955  the United States Department of Transportation, 49 C.F.R. part
 2956  387, subparts A and B, and as may be hereinafter amended, shall
 2957  be insured in an amount equivalent to the minimum levels of
 2958  financial responsibility as set forth in such regulations.
 2959  
 2960  A violation of this section is a noncriminal traffic infraction,
 2961  punishable as a nonmoving violation as provided in chapter 318.
 2962         Section 53. Subsections (1) and (3) of section 627.747,
 2963  Florida Statutes, are amended to read:
 2964         627.747 Named driver exclusion.—
 2965         (1) A private passenger motor vehicle policy may exclude
 2966  the following coverages for all claims or suits resulting from
 2967  the operation of a motor vehicle by an identified individual who
 2968  is not a named insured, provided the identified individual is
 2969  named on the declarations page or by endorsement and the named
 2970  insured consents in writing to such exclusion:
 2971         (a) Notwithstanding the Florida Motor Vehicle No-Fault Law,
 2972  the personal injury protection coverage specifically applicable
 2973  to the identified individual’s injuries, lost wages, and death
 2974  benefits.
 2975         (b) Property damage liability coverage.
 2976         (b)(c) Bodily injury liability coverage, if required by law
 2977  and purchased by the named insured.
 2978         (c)(d) Uninsured motorist coverage for any damages
 2979  sustained by the identified excluded individual, if the named
 2980  insured has purchased such coverage.
 2981         (d)(e) Any coverage the named insured is not required by
 2982  law to purchase.
 2983         (3) A driver excluded pursuant to this section must:
 2984         (a) establish, maintain, and show proof of financial
 2985  ability to respond for damages arising out of the ownership,
 2986  maintenance, or use of a motor vehicle as required by chapter
 2987  324; and
 2988         (b)Maintain security as required by s. 627.733.
 2989         Section 54. Paragraphs (b), (c), and (g) of subsection (7),
 2990  paragraphs (a) and (b) of subsection (8), and paragraph (b) of
 2991  subsection (16) of section 627.748, Florida Statutes, are
 2992  amended to read:
 2993         627.748 Transportation network companies.—
 2994         (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE
 2995  REQUIREMENTS.—
 2996         (b) The following automobile insurance requirements apply
 2997  while a participating TNC driver is logged on to the digital
 2998  network but is not engaged in a prearranged ride:
 2999         1. Automobile insurance that provides:
 3000         a. A primary automobile liability coverage of at least
 3001  $50,000 for death and bodily injury per person, $100,000 for
 3002  death and bodily injury per incident, and $25,000 for property
 3003  damage; and
 3004         b. Personal injury protection benefits that meet the
 3005  minimum coverage amounts required under ss. 627.730-627.7405;
 3006  and
 3007         c. Uninsured and underinsured vehicle coverage as required
 3008  by s. 627.727.
 3009         2. The coverage requirements of this paragraph may be
 3010  satisfied by any of the following:
 3011         a. Automobile insurance maintained by the TNC driver or the
 3012  TNC vehicle owner;
 3013         b. Automobile insurance maintained by the TNC; or
 3014         c. A combination of sub-subparagraphs a. and b.
 3015         (c) The following automobile insurance requirements apply
 3016  while a TNC driver is engaged in a prearranged ride:
 3017         1. Automobile insurance that provides:
 3018         a. A primary automobile liability coverage of at least $1
 3019  million for death, bodily injury, and property damage; and
 3020         b. Personal injury protection benefits that meet the
 3021  minimum coverage amounts required of a limousine under ss.
 3022  627.730-627.7405; and
 3023         c. Uninsured and underinsured vehicle coverage as required
 3024  by s. 627.727.
 3025         2. The coverage requirements of this paragraph may be
 3026  satisfied by any of the following:
 3027         a. Automobile insurance maintained by the TNC driver or the
 3028  TNC vehicle owner;
 3029         b. Automobile insurance maintained by the TNC; or
 3030         c. A combination of sub-subparagraphs a. and b.
 3031         (g) Insurance satisfying the requirements under this
 3032  subsection is deemed to satisfy the financial responsibility
 3033  requirement for a motor vehicle under chapter 324 and the
 3034  security required under s. 627.733 for any period when the TNC
 3035  driver is logged onto the digital network or engaged in a
 3036  prearranged ride.
 3037         (8) TRANSPORTATION NETWORK COMPANY AND INSURER; DISCLOSURE;
 3038  EXCLUSIONS.—
 3039         (a) Before a TNC driver is allowed to accept a request for
 3040  a prearranged ride on the digital network, the TNC must disclose
 3041  in writing to the TNC driver:
 3042         1. The insurance coverage, including the types of coverage
 3043  and the limits for each coverage, which the TNC provides while
 3044  the TNC driver uses a TNC vehicle in connection with the TNC’s
 3045  digital network.
 3046         2. That the TNC driver’s own automobile insurance policy
 3047  might not provide any coverage while the TNC driver is logged on
 3048  to the digital network or is engaged in a prearranged ride,
 3049  depending on the terms of the TNC driver’s own automobile
 3050  insurance policy.
 3051         3. That the provision of rides for compensation which are
 3052  not prearranged rides subjects the driver to the coverage
 3053  requirements imposed under s. 324.032(1) and (2) and that
 3054  failure to meet such coverage requirements subjects the TNC
 3055  driver to penalties provided in s. 324.221, up to and including
 3056  a misdemeanor of the second degree.
 3057         (b)1. An insurer that provides an automobile liability
 3058  insurance policy under this part may exclude any and all
 3059  coverage afforded under the policy issued to an owner or
 3060  operator of a TNC vehicle while driving that vehicle for any
 3061  loss or injury that occurs while a TNC driver is logged on to a
 3062  digital network or while a TNC driver provides a prearranged
 3063  ride. Exclusions imposed under this subsection are limited to
 3064  coverage while a TNC driver is logged on to a digital network or
 3065  while a TNC driver provides a prearranged ride. This right to
 3066  exclude all coverage may apply to any coverage included in an
 3067  automobile insurance policy, including, but not limited to:
 3068         a. Liability coverage for bodily injury and property
 3069  damage;
 3070         b. Uninsured and underinsured motorist coverage;
 3071         c. Medical payments coverage;
 3072         d. Comprehensive physical damage coverage;
 3073         e. Collision physical damage coverage; and
 3074         f. Death benefit coverage under s. 627.72761 Personal
 3075  injury protection.
 3076         2. The exclusions described in subparagraph 1. apply
 3077  notwithstanding any requirement under chapter 324. These
 3078  exclusions do not affect or diminish coverage otherwise
 3079  available for permissive drivers or resident relatives under the
 3080  personal automobile insurance policy of the TNC driver or owner
 3081  of the TNC vehicle who are not occupying the TNC vehicle at the
 3082  time of loss. This section does not require that a personal
 3083  automobile insurance policy provide coverage while the TNC
 3084  driver is logged on to a digital network, while the TNC driver
 3085  is engaged in a prearranged ride, or while the TNC driver
 3086  otherwise uses a vehicle to transport riders for compensation.
 3087         3. This section must not be construed to require an insurer
 3088  to use any particular policy language or reference to this
 3089  section in order to exclude any and all coverage for any loss or
 3090  injury that occurs while a TNC driver is logged on to a digital
 3091  network or while a TNC driver provides a prearranged ride.
 3092         4. This section does not preclude an insurer from providing
 3093  primary or excess coverage for the TNC driver’s vehicle by
 3094  contract or endorsement.
 3095         (16) LUXURY GROUND TRANSPORTATION NETWORK COMPANIES.—
 3096         (b) An entity may elect, upon written notification to the
 3097  department, to be regulated as a luxury ground TNC. A luxury
 3098  ground TNC must:
 3099         1. Comply with all of the requirements of this section
 3100  applicable to a TNC, including subsection (17), which do not
 3101  conflict with subparagraph 2. or which do not prohibit the
 3102  company from connecting riders to drivers who operate for-hire
 3103  vehicles as defined in s. 320.01(15), including limousines and
 3104  luxury sedans and excluding taxicabs.
 3105         2. Maintain insurance coverage as required by subsection
 3106  (7). However, if a prospective luxury ground TNC satisfies
 3107  minimum financial responsibility through compliance with s.
 3108  324.032(3) s. 324.032(2) by using self-insurance when it gives
 3109  the department written notification of its election to be
 3110  regulated as a luxury ground TNC, the luxury ground TNC may use
 3111  self-insurance to meet the insurance requirements of subsection
 3112  (7), so long as such self-insurance complies with s. 324.032(3)
 3113  s. 324.032(2) and provides the limits of liability required by
 3114  subsection (7).
 3115         Section 55. Subsection (2) and paragraphs (a) and (c) of
 3116  subsection (3) of section 627.7483, Florida Statutes, are
 3117  amended to read:
 3118         627.7483 Peer-to-peer car sharing; insurance requirements.—
 3119         (2) INSURANCE COVERAGE REQUIREMENTS.—
 3120         (a)1. A peer-to-peer car-sharing program shall ensure that,
 3121  during each car-sharing period, the shared vehicle owner and the
 3122  shared vehicle driver are insured under a motor vehicle
 3123  insurance policy that provides all of the following:
 3124         a. Property damage liability coverage and bodily injury
 3125  liability coverage that meet or exceed meets the minimum
 3126  coverage amounts required under s. 324.022.
 3127         b. Bodily injury liability coverage limits as described in
 3128  s. 324.021(7)(a) and (b).
 3129         c.Personal injury protection benefits that meet the
 3130  minimum coverage amounts required under s. 627.736.
 3131         d. Uninsured and underinsured vehicle coverage as required
 3132  under s. 627.727.
 3133         2. The peer-to-peer car-sharing program shall also ensure
 3134  that the motor vehicle insurance policy under subparagraph 1.:
 3135         a. Recognizes that the shared vehicle insured under the
 3136  policy is made available and used through a peer-to-peer car
 3137  sharing program; or
 3138         b. Does not exclude the use of a shared vehicle by a shared
 3139  vehicle driver.
 3140         (b)1. The insurance described under paragraph (a) may be
 3141  satisfied by a motor vehicle insurance policy maintained by:
 3142         a. A shared vehicle owner;
 3143         b. A shared vehicle driver;
 3144         c. A peer-to-peer car-sharing program; or
 3145         d. A combination of a shared vehicle owner, a shared
 3146  vehicle driver, and a peer-to-peer car-sharing program.
 3147         2. The insurance policy maintained in subparagraph 1. which
 3148  satisfies the insurance requirements under paragraph (a) is
 3149  primary during each car-sharing period. If a claim occurs during
 3150  the car-sharing period in another state with minimum financial
 3151  responsibility limits higher than those limits required under
 3152  chapter 324, the coverage maintained under paragraph (a)
 3153  satisfies the difference in minimum coverage amounts up to the
 3154  applicable policy limits.
 3155         3.a. If the insurance maintained by a shared vehicle owner
 3156  or shared vehicle driver in accordance with subparagraph 1. has
 3157  lapsed or does not provide the coverage required under paragraph
 3158  (a), the insurance maintained by the peer-to-peer car-sharing
 3159  program must provide the coverage required under paragraph (a),
 3160  beginning with the first dollar of a claim, and must defend such
 3161  claim, except under circumstances as set forth in subparagraph
 3162  (3)(a)2.
 3163         b. Coverage under a motor vehicle insurance policy
 3164  maintained by the peer-to-peer car-sharing program must not be
 3165  dependent on another motor vehicle insurer first denying a
 3166  claim, and another motor vehicle insurance policy is not
 3167  required to first deny a claim.
 3168         c. Notwithstanding any other law, statute, rule, or
 3169  regulation to the contrary, a peer-to-peer car-sharing program
 3170  has an insurable interest in a shared vehicle during the car
 3171  sharing period. This sub-subparagraph does not create liability
 3172  for a peer-to-peer car-sharing program for maintaining the
 3173  coverage required under paragraph (a) and under this paragraph,
 3174  if applicable.
 3175         d. A peer-to-peer car-sharing program may own and maintain
 3176  as the named insured one or more policies of motor vehicle
 3177  insurance which provide coverage for:
 3178         (I) Liabilities assumed by the peer-to-peer car-sharing
 3179  program under a peer–to–peer car-sharing program agreement;
 3180         (II) Liability of the shared vehicle owner;
 3181         (III) Liability of the shared vehicle driver;
 3182         (IV) Damage or loss to the shared motor vehicle; or
 3183         (V) Damage, loss, or injury to persons or property to
 3184  satisfy the personal injury protection and uninsured and
 3185  underinsured motorist coverage requirements of this section.
 3186         e. Insurance required under paragraph (a), when maintained
 3187  by a peer-to-peer car-sharing program, may be provided by an
 3188  insurer authorized to do business in this state which is a
 3189  member of the Florida Insurance Guaranty Association or an
 3190  eligible surplus lines insurer that has a superior, excellent,
 3191  exceptional, or equivalent financial strength rating by a rating
 3192  agency acceptable to the office. A peer-to-peer car-sharing
 3193  program is not transacting in insurance when it maintains the
 3194  insurance required under this section.
 3195         (3) LIABILITIES AND INSURANCE EXCLUSIONS.—
 3196         (a) Liability.—
 3197         1. A peer-to-peer car-sharing program shall assume
 3198  liability, except as provided in subparagraph 2., of a shared
 3199  vehicle owner for bodily injury or property damage to third
 3200  parties or uninsured and underinsured motorist or personal
 3201  injury protection losses during the car-sharing period in an
 3202  amount stated in the peer-to-peer car-sharing program agreement,
 3203  which amount may not be less than those set forth in ss. 324.022
 3204  and ss. 324.021(7)(a) and (b), 324.022, 627.727, and 627.736,
 3205  respectively.
 3206         2. The assumption of liability under subparagraph 1. does
 3207  not apply if a shared vehicle owner:
 3208         a. Makes an intentional or fraudulent material
 3209  misrepresentation or omission to the peer-to-peer car-sharing
 3210  program before the car-sharing period in which the loss occurs;
 3211  or
 3212         b. Acts in concert with a shared vehicle driver who fails
 3213  to return the shared vehicle pursuant to the terms of the peer
 3214  to-peer car-sharing program agreement.
 3215         3. The insurer, insurers, or peer-to-peer car-sharing
 3216  program providing coverage under paragraph (2)(a) shall assume
 3217  primary liability for a claim when:
 3218         a. A dispute exists over who was in control of the shared
 3219  motor vehicle at the time of the loss, and the peer-to-peer car
 3220  sharing program does not have available, did not retain, or
 3221  fails to provide the information required under subsection (5);
 3222  or
 3223         b. A dispute exists over whether the shared vehicle was
 3224  returned to the alternatively agreed-upon location as required
 3225  under subparagraph (1)(d)2.
 3226         (c) Exclusions in motor vehicle insurance policies.—An
 3227  authorized insurer that writes motor vehicle liability insurance
 3228  in this state may exclude any coverage and the duty to defend or
 3229  indemnify for any claim under a shared vehicle owner’s motor
 3230  vehicle insurance policy, including, but not limited to:
 3231         1. Liability coverage for bodily injury and property
 3232  damage;
 3233         2. Personal injury protection coverage;
 3234         3. Uninsured and underinsured motorist coverage;
 3235         3.4. Medical payments coverage;
 3236         4.5. Comprehensive physical damage coverage; and
 3237         5.6. Collision physical damage coverage.
 3238  
 3239  This paragraph does not invalidate or limit any exclusion
 3240  contained in a motor vehicle insurance policy, including any
 3241  insurance policy in use or approved for use which excludes
 3242  coverage for motor vehicles made available for rent, sharing, or
 3243  hire or for any business use. This paragraph does not
 3244  invalidate, limit, or restrict an insurer’s ability under
 3245  existing law to underwrite, cancel, or nonrenew any insurance
 3246  policy.
 3247         Section 56. Paragraph (a) of subsection (2) of section
 3248  627.749, Florida Statutes, is amended to read:
 3249         627.749 Autonomous vehicles; insurance requirements.—
 3250         (2) INSURANCE REQUIREMENTS.—
 3251         (a) A fully autonomous vehicle with the automated driving
 3252  system engaged while logged on to an on-demand autonomous
 3253  vehicle network or engaged in a prearranged ride must be covered
 3254  by a policy of automobile insurance which provides:
 3255         1. Primary liability coverage of at least $1 million for
 3256  death, bodily injury, and property damage.
 3257         2. Personal injury protection benefits that meet the
 3258  minimum coverage amounts required under ss. 627.730-627.7405.
 3259         3. Uninsured and underinsured vehicle coverage as required
 3260  by s. 627.727.
 3261         Section 57. Section 627.8405, Florida Statutes, is amended
 3262  to read:
 3263         627.8405 Prohibited acts; financing companies.—A No premium
 3264  finance company shall, in a premium finance agreement or other
 3265  agreement, may not finance the cost of or otherwise provide for
 3266  the collection or remittance of dues, assessments, fees, or
 3267  other periodic payments of money for the cost of:
 3268         (1) A membership in an automobile club. The term
 3269  “automobile club” means a legal entity that which, in
 3270  consideration of dues, assessments, or periodic payments of
 3271  money, promises its members or subscribers to assist them in
 3272  matters relating to the ownership, operation, use, or
 3273  maintenance of a motor vehicle; however, the term this
 3274  definition of “automobile club” does not include persons,
 3275  associations, or corporations which are organized and operated
 3276  solely for the purpose of conducting, sponsoring, or sanctioning
 3277  motor vehicle races, exhibitions, or contests upon racetracks,
 3278  or upon racecourses established and marked as such for the
 3279  duration of such particular events. As used in this subsection,
 3280  the term words “motor vehicle” has used herein have the same
 3281  meaning as defined in chapter 320.
 3282         (2) An accidental death and dismemberment policy sold in
 3283  combination with a policy providing only death benefit coverage
 3284  under s. 627.72761, bodily injury liability coverage, personal
 3285  injury protection and property damage liability coverage only
 3286  policy.
 3287         (3) Any product not regulated under the provisions of this
 3288  insurance code.
 3289  
 3290  This section also applies to premium financing by any insurance
 3291  agent or insurance company under part XVI. The commission shall
 3292  adopt rules to assure disclosure, at the time of sale, of
 3293  coverages financed with personal injury protection and shall
 3294  prescribe the form of such disclosure.
 3295         Section 58. Subsection (1) of section 627.915, Florida
 3296  Statutes, is amended to read:
 3297         627.915 Insurer experience reporting.—
 3298         (1) Each insurer transacting private passenger motor
 3299  vehicle automobile insurance in this state shall report certain
 3300  information annually to the office. The information will be due
 3301  on or before July 1 of each year. The information must shall be
 3302  divided into the following categories: bodily injury liability;
 3303  property damage liability; uninsured motorist; death benefit
 3304  coverage under s. 627.72761 personal injury protection benefits;
 3305  medical payments; and comprehensive and collision. The
 3306  information given must shall be on direct insurance writings in
 3307  the state alone and shall represent total limits data. The
 3308  information set forth in paragraphs (a)-(f) is applicable to
 3309  voluntary private passenger and Joint Underwriting Association
 3310  private passenger writings and must shall be reported for each
 3311  of the latest 3 calendar-accident years, with an evaluation date
 3312  of March 31 of the current year. The information set forth in
 3313  paragraphs (g)-(j) is applicable to voluntary private passenger
 3314  writings and must shall be reported on a calendar-accident year
 3315  basis ultimately seven times at seven different stages of
 3316  development.
 3317         (a) Premiums earned for the latest 3 calendar-accident
 3318  years.
 3319         (b) Loss development factors and the historic development
 3320  of those factors.
 3321         (c) Policyholder dividends incurred.
 3322         (d) Expenses for other acquisition and general expense.
 3323         (e) Expenses for agents’ commissions and taxes, licenses,
 3324  and fees.
 3325         (f) Profit and contingency factors as utilized in the
 3326  insurer’s automobile rate filings for the applicable years.
 3327         (g) Losses paid.
 3328         (h) Losses unpaid.
 3329         (i) Loss adjustment expenses paid.
 3330         (j) Loss adjustment expenses unpaid.
 3331         Section 59. Subsections (2) and (3) of section 628.909,
 3332  Florida Statutes, are amended to read:
 3333         628.909 Applicability of other laws.—
 3334         (2) The following provisions of the Florida Insurance Code
 3335  apply to captive insurance companies that who are not industrial
 3336  insured captive insurance companies to the extent that such
 3337  provisions are not inconsistent with this part:
 3338         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 3339  624.40851, 624.4095, 624.411, 624.425, and 624.426.
 3340         (b) Chapter 625, part II.
 3341         (c) Chapter 626, part IX.
 3342         (d) Sections 627.730-627.7405, when no-fault coverage is
 3343  provided.
 3344         (e) Chapter 628.
 3345         (3) The following provisions of the Florida Insurance Code
 3346  shall apply to industrial insured captive insurance companies to
 3347  the extent that such provisions are not inconsistent with this
 3348  part:
 3349         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 3350  624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1).
 3351         (b) Chapter 625, part II, if the industrial insured captive
 3352  insurance company is incorporated in this state.
 3353         (c) Chapter 626, part IX.
 3354         (d) Sections 627.730-627.7405 when no-fault coverage is
 3355  provided.
 3356         (e) Chapter 628, except for ss. 628.341, 628.351, and
 3357  628.6018.
 3358         Section 60. Subsections (2), (6), and (7) of section
 3359  705.184, Florida Statutes, are amended to read:
 3360         705.184 Derelict or abandoned motor vehicles on the
 3361  premises of public-use airports.—
 3362         (2) The airport director or the director’s designee shall
 3363  contact the Department of Highway Safety and Motor Vehicles to
 3364  notify that department that the airport has possession of the
 3365  abandoned or derelict motor vehicle and to determine the name
 3366  and address of the owner of the motor vehicle, the insurance
 3367  company insuring the motor vehicle, notwithstanding the
 3368  provisions of s. 627.736, and any person who has filed a lien on
 3369  the motor vehicle. Within 7 business days after receipt of the
 3370  information, the director or the director’s designee shall send
 3371  notice by certified mail, return receipt requested, to the owner
 3372  of the motor vehicle, the insurance company insuring the motor
 3373  vehicle, notwithstanding the provisions of s. 627.736, and all
 3374  persons of record claiming a lien against the motor vehicle. The
 3375  notice must shall state the fact of possession of the motor
 3376  vehicle, that charges for reasonable towing, storage, and
 3377  parking fees, if any, have accrued and the amount thereof, that
 3378  a lien as provided in subsection (6) will be claimed, that the
 3379  lien is subject to enforcement pursuant to law, that the owner
 3380  or lienholder, if any, has the right to a hearing as set forth
 3381  in subsection (4), and that any motor vehicle which, at the end
 3382  of 30 calendar days after receipt of the notice, has not been
 3383  removed from the airport upon payment in full of all accrued
 3384  charges for reasonable towing, storage, and parking fees, if
 3385  any, may be disposed of as provided in s. 705.182(2)(a), (b),
 3386  (d), or (e), including, but not limited to, the motor vehicle
 3387  being sold free of all prior liens after 35 calendar days after
 3388  the time the motor vehicle is stored if any prior liens on the
 3389  motor vehicle are more than 5 years of age or after 50 calendar
 3390  days after the time the motor vehicle is stored if any prior
 3391  liens on the motor vehicle are 5 years of age or less.
 3392         (6) The airport pursuant to this section or, if used, a
 3393  licensed independent wrecker company pursuant to s. 713.78 shall
 3394  have a lien on an abandoned or derelict motor vehicle for all
 3395  reasonable towing, storage, and accrued parking fees, if any,
 3396  except that no storage fee may shall be charged if the motor
 3397  vehicle is stored less than 6 hours. As a prerequisite to
 3398  perfecting a lien under this section, the airport director or
 3399  the director’s designee must serve a notice in accordance with
 3400  subsection (2) on the owner of the motor vehicle, the insurance
 3401  company insuring the motor vehicle, notwithstanding the
 3402  provisions of s. 627.736, and all persons of record claiming a
 3403  lien against the motor vehicle. If attempts to notify the owner,
 3404  the insurance company insuring the motor vehicle,
 3405  notwithstanding the provisions of s. 627.736, or lienholders are
 3406  not successful, the requirement of notice by mail shall be
 3407  considered met. Serving of the notice does not dispense with
 3408  recording the claim of lien.
 3409         (7)(a) For the purpose of perfecting its lien under this
 3410  section, the airport shall record a claim of lien which states
 3411  shall state:
 3412         1. The name and address of the airport.
 3413         2. The name of the owner of the motor vehicle, the
 3414  insurance company insuring the motor vehicle, notwithstanding
 3415  the provisions of s. 627.736, and all persons of record claiming
 3416  a lien against the motor vehicle.
 3417         3. The costs incurred from reasonable towing, storage, and
 3418  parking fees, if any.
 3419         4. A description of the motor vehicle sufficient for
 3420  identification.
 3421         (b) The claim of lien must shall be signed and sworn to or
 3422  affirmed by the airport director or the director’s designee.
 3423         (c) The claim of lien is shall be sufficient if it is in
 3424  substantially the following form:
 3425  
 3426                            CLAIM OF LIEN                          
 3427  State of ........
 3428  County of ........
 3429  Before me, the undersigned notary public, personally appeared
 3430  ........, who was duly sworn and says that he/she is the
 3431  ........ of ............, whose address is........; and that the
 3432  following described motor vehicle:
 3433  ...(Description of motor vehicle)...
 3434  owned by ........, whose address is ........, has accrued
 3435  $........ in fees for a reasonable tow, for storage, and for
 3436  parking, if applicable; that the lienor served its notice to the
 3437  owner, the insurance company insuring the motor vehicle
 3438  notwithstanding the provisions of s. 627.736, Florida Statutes,
 3439  and all persons of record claiming a lien against the motor
 3440  vehicle on ...., ...(year)..., by.........
 3441  ...(Signature)...
 3442  Sworn to (or affirmed) and subscribed before me this .... day of
 3443  ...., ...(year)..., by ...(name of person making statement)....
 3444  ...(Signature of Notary Public)... ...(Print, Type, or Stamp
 3445  Commissioned name of Notary Public)...
 3446  Personally Known....OR Produced....as identification.
 3447  
 3448  However, the negligent inclusion or omission of any information
 3449  in this claim of lien which does not prejudice the owner does
 3450  not constitute a default that operates to defeat an otherwise
 3451  valid lien.
 3452         (d) The claim of lien must shall be served on the owner of
 3453  the motor vehicle, the insurance company insuring the motor
 3454  vehicle, notwithstanding the provisions of s. 627.736, and all
 3455  persons of record claiming a lien against the motor vehicle. If
 3456  attempts to notify the owner, the insurance company insuring the
 3457  motor vehicle notwithstanding the provisions of s. 627.736, or
 3458  lienholders are not successful, the requirement of notice by
 3459  mail is shall be considered met. The claim of lien must shall be
 3460  so served before recordation.
 3461         (e) The claim of lien must shall be recorded with the clerk
 3462  of court in the county where the airport is located. The
 3463  recording of the claim of lien shall be constructive notice to
 3464  all persons of the contents and effect of such claim. The lien
 3465  attaches shall attach at the time of recordation and takes shall
 3466  take priority as of that time.
 3467         Section 61. Paragraphs (a), (b), and (c) of subsection (4)
 3468  of section 713.78, Florida Statutes, are amended to read:
 3469         713.78 Liens for recovering, towing, or storing vehicles
 3470  and vessels.—
 3471         (4)(a) A person regularly engaged in the business of
 3472  recovering, towing, or storing vehicles or vessels who comes
 3473  into possession of a vehicle or vessel pursuant to subsection
 3474  (2), and who claims a lien for recovery, towing, or storage
 3475  services, shall give notice, by certified mail, to the
 3476  registered owner, the insurance company insuring the vehicle
 3477  notwithstanding s. 627.736, and all persons claiming a lien
 3478  thereon, as disclosed by the records in the Department of
 3479  Highway Safety and Motor Vehicles or as disclosed by the records
 3480  of any corresponding agency in any other state in which the
 3481  vehicle is identified through a records check of the National
 3482  Motor Vehicle Title Information System or an equivalent
 3483  commercially available system as being titled or registered.
 3484         (b) Whenever a law enforcement agency authorizes the
 3485  removal of a vehicle or vessel or whenever a towing service,
 3486  garage, repair shop, or automotive service, storage, or parking
 3487  place notifies the law enforcement agency of possession of a
 3488  vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
 3489  enforcement agency of the jurisdiction where the vehicle or
 3490  vessel is stored shall contact the Department of Highway Safety
 3491  and Motor Vehicles, or the appropriate agency of the state of
 3492  registration, if known, within 24 hours through the medium of
 3493  electronic communications, giving the full description of the
 3494  vehicle or vessel. Upon receipt of the full description of the
 3495  vehicle or vessel, the department shall search its files to
 3496  determine the owner’s name, the insurance company insuring the
 3497  vehicle or vessel, and whether any person has filed a lien upon
 3498  the vehicle or vessel as provided in s. 319.27(2) and (3) and
 3499  notify the applicable law enforcement agency within 72 hours.
 3500  The person in charge of the towing service, garage, repair shop,
 3501  or automotive service, storage, or parking place shall obtain
 3502  such information from the applicable law enforcement agency
 3503  within 5 days after the date of storage and shall give notice
 3504  pursuant to paragraph (a). The department may release the
 3505  insurance company information to the requestor notwithstanding
 3506  s. 627.736.
 3507         (c) The notice of lien must be sent by certified mail to
 3508  the registered owner, the insurance company insuring the vehicle
 3509  notwithstanding s. 627.736, and all other persons claiming a
 3510  lien thereon within 7 business days, excluding Saturday and
 3511  Sunday, after the date of storage of the vehicle or vessel.
 3512  However, in no event shall the notice of lien be sent less than
 3513  30 days before the sale of the vehicle or vessel. The notice
 3514  must state:
 3515         1. If the claim of lien is for a vehicle, the last 8 digits
 3516  of the vehicle identification number of the vehicle subject to
 3517  the lien, or, if the claim of lien is for a vessel, the hull
 3518  identification number of the vessel subject to the lien, clearly
 3519  printed in the delivery address box and on the outside of the
 3520  envelope sent to the registered owner and all other persons
 3521  claiming an interest therein or lien thereon.
 3522         2. The name, physical address, and telephone number of the
 3523  lienor, and the entity name, as registered with the Division of
 3524  Corporations, of the business where the towing and storage
 3525  occurred, which must also appear on the outside of the envelope
 3526  sent to the registered owner and all other persons claiming an
 3527  interest in or lien on the vehicle or vessel.
 3528         3. The fact of possession of the vehicle or vessel.
 3529         4. The name of the person or entity that authorized the
 3530  lienor to take possession of the vehicle or vessel.
 3531         5. That a lien as provided in subsection (2) is claimed.
 3532         6. That charges have accrued and include an itemized
 3533  statement of the amount thereof.
 3534         7. That the lien is subject to enforcement under law and
 3535  that the owner or lienholder, if any, has the right to a hearing
 3536  as set forth in subsection (5).
 3537         8. That any vehicle or vessel that remains unclaimed, or
 3538  for which the charges for recovery, towing, or storage services
 3539  remain unpaid, may be sold free of all prior liens 35 days after
 3540  the vehicle or vessel is stored by the lienor if the vehicle or
 3541  vessel is more than 3 years of age or 50 days after the vehicle
 3542  or vessel is stored by the lienor if the vehicle or vessel is 3
 3543  years of age or less.
 3544         9. The address at which the vehicle or vessel is physically
 3545  located.
 3546         Section 62. Paragraph (a) of subsection (1), paragraph (c)
 3547  of subsection (7), paragraphs (a), (b), and (c) of subsection
 3548  (8), and subsections (9) and (10) of section 817.234, Florida
 3549  Statutes, are amended to read:
 3550         817.234 False and fraudulent insurance claims.—
 3551         (1)(a) A person commits insurance fraud punishable as
 3552  provided in subsection (11) if that person, with the intent to
 3553  injure, defraud, or deceive any insurer:
 3554         1. Presents or causes to be presented any written or oral
 3555  statement as part of, or in support of, a claim for payment or
 3556  other benefit pursuant to an insurance policy or a health
 3557  maintenance organization subscriber or provider contract,
 3558  knowing that such statement contains any false, incomplete, or
 3559  misleading information concerning any fact or thing material to
 3560  such claim;
 3561         2. Prepares or makes any written or oral statement that is
 3562  intended to be presented to an any insurer in connection with,
 3563  or in support of, any claim for payment or other benefit
 3564  pursuant to an insurance policy or a health maintenance
 3565  organization subscriber or provider contract, knowing that such
 3566  statement contains any false, incomplete, or misleading
 3567  information concerning any fact or thing material to such claim;
 3568         3.a. Knowingly presents, causes to be presented, or
 3569  prepares or makes with knowledge or belief that it will be
 3570  presented to an any insurer, purported insurer, servicing
 3571  corporation, insurance broker, or insurance agent, or any
 3572  employee or agent thereof, any false, incomplete, or misleading
 3573  information or a written or oral statement as part of, or in
 3574  support of, an application for the issuance of, or the rating
 3575  of, any insurance policy, or a health maintenance organization
 3576  subscriber or provider contract; or
 3577         b. Knowingly conceals information concerning any fact
 3578  material to such application; or
 3579         4. Knowingly presents, causes to be presented, or prepares
 3580  or makes with knowledge or belief that it will be presented to
 3581  any insurer a claim for payment or other benefit under medical
 3582  payments coverage in a motor vehicle a personal injury
 3583  protection insurance policy if the person knows that the payee
 3584  knowingly submitted a false, misleading, or fraudulent
 3585  application or other document when applying for licensure as a
 3586  health care clinic, seeking an exemption from licensure as a
 3587  health care clinic, or demonstrating compliance with part X of
 3588  chapter 400.
 3589         (7)
 3590         (c)An insurer, or any person acting at the direction of or
 3591  on behalf of an insurer, may not change an opinion in a mental
 3592  or physical report prepared under s. 627.736(7) or direct the
 3593  physician preparing the report to change such opinion; however,
 3594  this provision does not preclude the insurer from calling to the
 3595  attention of the physician errors of fact in the report based
 3596  upon information in the claim file. Any person who violates this
 3597  paragraph commits a felony of the third degree, punishable as
 3598  provided in s. 775.082, s. 775.083, or s. 775.084.
 3599         (8)(a) It is unlawful for any person intending to defraud
 3600  any other person to solicit or cause to be solicited any
 3601  business from a person involved in a motor vehicle accident for
 3602  the purpose of making, adjusting, or settling motor vehicle tort
 3603  claims or claims for benefits under medical payments coverage in
 3604  a motor vehicle insurance policy personal injury protection
 3605  benefits required by s. 627.736. Any person who violates the
 3606  provisions of this paragraph commits a felony of the second
 3607  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 3608  775.084. A person who is convicted of a violation of this
 3609  subsection shall be sentenced to a minimum term of imprisonment
 3610  of 2 years.
 3611         (b) A person may not solicit or cause to be solicited any
 3612  business from a person involved in a motor vehicle accident by
 3613  any means of communication other than advertising directed to
 3614  the public for the purpose of making motor vehicle tort claims
 3615  or claims for benefits under medical payments coverage in a
 3616  motor vehicle insurance policy personal injury protection
 3617  benefits required by s. 627.736, within 60 days after the
 3618  occurrence of the motor vehicle accident. Any person who
 3619  violates this paragraph commits a felony of the third degree,
 3620  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 3621         (c) A lawyer, health care practitioner as defined in s.
 3622  456.001, or owner or medical director of a clinic required to be
 3623  licensed pursuant to s. 400.9905 may not, at any time after 60
 3624  days have elapsed from the occurrence of a motor vehicle
 3625  accident, solicit or cause to be solicited any business from a
 3626  person involved in a motor vehicle accident by means of in
 3627  person or telephone contact at the person’s residence, for the
 3628  purpose of making motor vehicle tort claims or claims for
 3629  benefits under medical payments coverage in a motor vehicle
 3630  insurance policy personal injury protection benefits required by
 3631  s. 627.736. Any person who violates this paragraph commits a
 3632  felony of the third degree, punishable as provided in s.
 3633  775.082, s. 775.083, or s. 775.084.
 3634         (9) A person may not organize, plan, or knowingly
 3635  participate in an intentional motor vehicle crash or a scheme to
 3636  create documentation of a motor vehicle crash that did not occur
 3637  for the purpose of making motor vehicle tort claims or claims
 3638  for benefits under medical payments coverage in a motor vehicle
 3639  insurance policy personal injury protection benefits as required
 3640  by s. 627.736. Any person who violates this subsection commits a
 3641  felony of the second degree, punishable as provided in s.
 3642  775.082, s. 775.083, or s. 775.084. A person who is convicted of
 3643  a violation of this subsection shall be sentenced to a minimum
 3644  term of imprisonment of 2 years.
 3645         (10) A licensed health care practitioner who is found
 3646  guilty of insurance fraud under this section for an act relating
 3647  to a motor vehicle personal injury protection insurance policy
 3648  loses his or her license to practice for 5 years and may not
 3649  receive reimbursement under medical payments coverage in a motor
 3650  vehicle insurance policy for personal injury protection benefits
 3651  for 10 years.
 3652         Section 63. For the 2023-2024 fiscal year, the sum of
 3653  $83,651 in nonrecurring funds is appropriated from the Insurance
 3654  Regulatory Trust Fund to the Office of Insurance Regulation for
 3655  the purpose of implementing this act. This section shall take
 3656  effect July 1, 2023.
 3657         Section 64. Except as otherwise expressly provided in this
 3658  act and except for this section, which shall take effect upon
 3659  this act becoming a law, this act shall take effect July 1,
 3660  2024.