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:
912 324.0222 Application 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 627.7265 Motor 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 627.72761 Required 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 627.7278 Applicability 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.