Florida Senate - 2025 SB 1256
By Senator Grall
29-00818A-25 20251256__
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; making technical changes; amending s.
26 320.771, F.S.; revising garage liability insurance
27 requirements for recreational vehicle dealer license
28 applicants; amending ss. 322.251 and 322.34, F.S.;
29 conforming provisions to changes made by the act;
30 amending s. 324.011, F.S.; revising legislative
31 purpose and intent; amending s. 324.021, F.S.;
32 revising definitions; revising minimum coverage
33 requirements for proof of financial responsibility for
34 specified motor vehicles; conforming provisions to
35 changes made by the act; defining the term “for-hire
36 passenger transportation vehicle”; amending s.
37 324.022, F.S.; revising minimum liability coverage
38 requirements for motor vehicle owners or operators;
39 revising authorized methods for meeting such
40 requirements; deleting a provision relating to an
41 insurer’s duty to defend certain claims; revising the
42 vehicles that are excluded from the definition of the
43 term “motor vehicle”; providing security requirements
44 for certain excluded vehicles; conforming provisions
45 to changes made by the act; amending s. 324.0221,
46 F.S.; revising coverages that subject a policy to
47 certain insurer reporting and notice requirements;
48 conforming provisions to changes made by the act;
49 creating s. 324.0222, F.S.; providing that driver
50 license or motor vehicle registration suspensions for
51 failure to maintain required security which are in
52 effect before a specified date remain in full force
53 and effect; authorizing drivers to reinstate suspended
54 licenses or registrations as provided in a specified
55 section; amending s. 324.023, F.S.; conforming cross
56 references; amending s. 324.031, F.S.; specifying a
57 method of proving financial responsibility by owners
58 or operators of motor vehicles other than for-hire
59 passenger transportation vehicles; revising the
60 required and maximum amounts of a certificate of
61 deposit required to elect a certain method of proof of
62 financial responsibility; revising liability coverage
63 requirements for a person electing to use such method;
64 amending s. 324.032, F.S.; revising financial
65 responsibility requirements for owners or lessees of
66 for-hire passenger transportation vehicles; amending
67 s. 324.051, F.S.; making technical changes; specifying
68 that motorcycles are included in the definition of the
69 term “motor vehicles” for purposes of the section;
70 amending ss. 324.071 and 324.091, F.S.; making
71 technical changes; amending s. 324.151, F.S.; revising
72 requirements for motor vehicle liability policies
73 relating to coverage, and exclusion from coverage, for
74 certain drivers and vehicles; conforming provisions to
75 changes made by the act; making technical changes;
76 defining terms; amending s. 324.161, F.S.; revising
77 requirements for a certificate of deposit that is
78 required if a person elects a certain method of
79 proving financial responsibility; amending s. 324.171,
80 F.S.; revising the minimum net worth requirements to
81 qualify certain persons as self-insurers; conforming
82 provisions to changes made by the act; amending s.
83 324.242, F.S.; conforming provisions to changes made
84 by the act; amending s. 324.251, F.S.; revising a
85 short title and an effective date; amending s.
86 400.9905, F.S.; revising the definition of the term
87 “clinic”; conforming provisions to changes made by the
88 act; amending ss. 400.991 and 400.9935, F.S.;
89 conforming provisions to changes made by the act;
90 amending s. 409.901, F.S.; revising the definition of
91 the term “third-party benefit”; amending s. 409.910,
92 F.S.; revising the definition of the term “medical
93 coverage”; amending s. 456.057, F.S.; conforming a
94 provision to changes made by the act; amending s.
95 456.072, F.S.; revising specified grounds for
96 discipline for certain health professions; defining
97 the term “upcode”; conforming a provision to changes
98 made by the act; amending s. 626.9541, F.S.;
99 conforming a provision to changes made by the act;
100 revising certain prohibited acts related to specified
101 insurance coverage payment requirements; amending s.
102 626.989, F.S.; revising the definition of the term
103 “fraudulent insurance act”; amending s. 627.06501,
104 F.S.; revising coverages that may provide for a
105 reduction in motor vehicle insurance policy premium
106 charges under certain circumstances; amending s.
107 627.0651, F.S.; specifying requirements for rate
108 filings for motor vehicle liability policies that
109 implement requirements in effect on a specified date;
110 requiring that such filings be approved through a
111 certain process; amending s. 627.0652, F.S.; revising
112 coverages that must provide for a reduction in premium
113 charges under certain circumstances; amending s.
114 627.0653, F.S.; revising coverages that are subject to
115 premium discounts for specified motor vehicle
116 equipment; amending s. 627.4132, F.S.; revising
117 coverages that are subject to a stacking prohibition;
118 amending s. 627.4137, F.S.; requiring insurers to
119 disclose certain information at the request of a
120 claimant’s attorney; authorizing a claimant to file an
121 action under certain circumstances; providing for the
122 award of reasonable attorney fees and costs under
123 certain circumstances; amending s. 627.7263, F.S.;
124 revising coverages that are deemed primary, except
125 under certain circumstances, for the lessor of a motor
126 vehicle for lease or rent; revising a notice that is
127 required if the lessee’s coverage is to be primary;
128 amending s. 627.727, F.S.; conforming provisions to
129 changes made by the act; revising the legal liability
130 of an uninsured motorist coverage insurer; amending s.
131 627.7275, F.S.; revising required coverages for a
132 motor vehicle insurance policy; conforming provisions
133 to changes made by the act; creating s. 627.7278,
134 F.S.; defining the term “minimum security
135 requirements”; providing a prohibition, requirements,
136 applicability, and construction relating to motor
137 vehicle insurance policies as of a certain date;
138 requiring insurers to allow certain insureds to make
139 certain coverage changes, subject to certain
140 conditions; requiring an insurer to provide, by a
141 specified date, a specified notice to policyholders
142 relating to requirements under the act; amending s.
143 627.728, F.S.; conforming a provision to changes made
144 by the act; amending s. 627.7295, F.S.; revising the
145 definitions of the terms “policy” and “binder”;
146 revising the coverages of a motor vehicle insurance
147 policy for which a licensed general lines agent may
148 charge a specified fee; conforming provisions to
149 changes made by the act; amending s. 627.7415, F.S.;
150 revising additional liability insurance requirements
151 for commercial motor vehicles; amending s. 627.747,
152 F.S.; conforming provisions to changes made by the
153 act; amending s. 627.748, F.S.; revising insurance
154 requirements for transportation network company
155 drivers; conforming provisions to changes made by the
156 act; conforming cross-references; amending ss.
157 627.7483 and 627.749, F.S.; conforming provisions to
158 changes made by the act; amending s. 627.8405, F.S.;
159 revising the products and the policy for which a
160 premium finance company may not finance costs when
161 sold in combination with an accidental death and
162 dismemberment policy; revising rulemaking authority of
163 the Financial Services Commission; amending ss.
164 627.915, 628.909, 705.184, and 713.78, F.S.;
165 conforming provisions to changes made by the act;
166 amending s. 817.234, F.S.; revising coverages that are
167 the basis of specified prohibited false and fraudulent
168 insurance claims; conforming provisions to changes
169 made by the act; deleting provisions relating to
170 prohibited changes in certain mental or physical
171 reports; providing an appropriation; providing
172 effective dates.
173
174 Be It Enacted by the Legislature of the State of Florida:
175
176 Section 1. Sections 627.730, 627.731, 627.7311, 627.732,
177 627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,
178 and 627.7405, Florida Statutes, are repealed.
179 Section 2. Section 627.7407, Florida Statutes, is repealed.
180 Section 3. Paragraph (e) of subsection (2) of section
181 316.2122, Florida Statutes, is amended to read:
182 316.2122 Operation of a low-speed vehicle, mini truck, or
183 low-speed autonomous delivery vehicle on certain roadways.—
184 (2) The operation of a low-speed autonomous delivery
185 vehicle on any road is authorized with the following
186 restrictions:
187 (e) A low-speed autonomous delivery vehicle must be covered
188 by a policy of automobile insurance which provides the coverage
189 required by s. 627.749(2)(a)1. and, 2., and 3. The coverage
190 requirements of this paragraph may be satisfied by automobile
191 insurance maintained by the owner of a low-speed autonomous
192 delivery vehicle, the owner of the teleoperation system, the
193 remote human operator, or a combination thereof.
194 Section 4. Subsection (1) of section 316.646, Florida
195 Statutes, is amended to read:
196 316.646 Security required; proof of security and display
197 thereof.—
198 (1) A Any person required by s. 324.022, s. 324.023, s.
199 324.032, s. 627.7415, s. 627.742, s. 627.748, or s. 627.7483 to
200 maintain liability security for property damage, liability
201 security, required by s. 324.023 to maintain liability security
202 for bodily injury, or death, or required by s. 627.733 to
203 maintain personal injury protection security on a motor vehicle
204 shall have in his or her immediate possession at all times while
205 operating a such motor vehicle proper proof of maintenance of
206 the required security.
207 (a) Such proof must shall be in a uniform paper or
208 electronic format, as prescribed by the department, a valid
209 insurance policy, an insurance policy binder, a certificate of
210 insurance, or such other proof as may be prescribed by the
211 department.
212 (b)1. The act of presenting to a law enforcement officer an
213 electronic device displaying proof of insurance in an electronic
214 format does not constitute consent for the officer to access any
215 information on the device other than the displayed proof of
216 insurance.
217 2. The person who presents the device to the officer
218 assumes the liability for any resulting damage to the device.
219 Section 5. Paragraph (b) of subsection (2) of section
220 318.18, Florida Statutes, is amended to read:
221 318.18 Amount of penalties.—The penalties required for a
222 noncriminal disposition pursuant to s. 318.14 or a criminal
223 offense listed in s. 318.17 are as follows:
224 (2) Thirty dollars for all nonmoving traffic violations
225 and:
226 (b) For all violations of ss. 320.0605, 320.07(1), 322.065,
227 and 322.15(1). A Any person who is cited for a violation of s.
228 320.07(1) must shall be charged a delinquent fee pursuant to s.
229 320.07(4).
230 1. If a person who is cited for a violation of s. 320.0605
231 or s. 320.07 can show proof of having a valid registration at
232 the time of arrest, the clerk of the court may dismiss the case
233 and may assess a dismissal fee of up to $10, from which the
234 clerk shall remit $2.50 to the Department of Revenue for deposit
235 into the General Revenue Fund. A person who finds it impossible
236 or impractical to obtain a valid registration certificate must
237 submit an affidavit detailing the reasons for the impossibility
238 or impracticality. The reasons may include, but are not limited
239 to, the fact that the vehicle was sold, stolen, or destroyed;
240 that the state in which the vehicle is registered does not issue
241 a certificate of registration; or that the vehicle is owned by
242 another person.
243 2. If a person who is cited for a violation of s. 322.03,
244 s. 322.065, or s. 322.15 can show a driver license issued to him
245 or her and valid at the time of arrest, the clerk of the court
246 may dismiss the case and may assess a dismissal fee of up to
247 $10, from which the clerk shall remit $2.50 to the Department of
248 Revenue for deposit into the General Revenue Fund.
249 3. If a person who is cited for a violation of s. 316.646
250 can show proof of security as required by s. 324.021(7) s.
251 627.733, issued to the person and valid at the time of arrest,
252 the clerk of the court may dismiss the case and may assess a
253 dismissal fee of up to $10, from which the clerk shall remit
254 $2.50 to the Department of Revenue for deposit into the General
255 Revenue Fund. A person who finds it impossible or impractical to
256 obtain proof of security must submit an affidavit detailing the
257 reasons for the impracticality. The reasons may include, but are
258 not limited to, the fact that the vehicle has since been sold,
259 stolen, or destroyed; that the owner or registrant of the
260 vehicle is not required by s. 627.733 to maintain personal
261 injury protection insurance; or that the vehicle is owned by
262 another person.
263 Section 6. Paragraphs (a) and (d) of subsection (5) of
264 section 320.02, Florida Statutes, are amended to read:
265 320.02 Registration required; application for registration;
266 forms.—
267 (5)(a) Proof that bodily injury liability coverage and
268 property damage liability coverage personal injury protection
269 benefits have been purchased if required under s. 324.022, s.
270 324.032, or s. 627.742 s. 627.733, that property damage
271 liability coverage has been purchased as required under s.
272 324.022, that bodily injury liability or death coverage has been
273 purchased if required under s. 324.023, and that combined bodily
274 liability insurance and property damage liability insurance have
275 been purchased if required under s. 627.7415 must shall be
276 provided in the manner prescribed by law by the applicant at the
277 time of application for registration of any motor vehicle that
278 is subject to such requirements. The issuing agent may not shall
279 refuse to issue registration if such proof of purchase is not
280 provided. Insurers shall furnish uniform proof-of-purchase cards
281 in a paper or electronic format in a form prescribed by the
282 department and include the name of the insured’s insurance
283 company, the coverage identification number, and the make, year,
284 and vehicle identification number of the vehicle insured. The
285 card must contain a statement notifying the applicant of the
286 penalty specified under s. 316.646(4). The card or insurance
287 policy, insurance policy binder, or certificate of insurance or
288 a photocopy of any of these; an affidavit containing the name of
289 the insured’s insurance company, the insured’s policy number,
290 and the make and year of the vehicle insured; or such other
291 proof as may be prescribed by the department constitutes shall
292 constitute sufficient proof of purchase. If an affidavit is
293 provided as proof, it must be in substantially the following
294 form:
295
296 Under penalty of perjury, I ...(Name of insured)... do hereby
297 certify that I have ...(bodily injury liability and Personal
298 Injury Protection, property damage liability, and, if required,
299 Bodily Injury Liability)... insurance currently in effect with
300 ...(Name of insurance company)... under ...(policy number)...
301 covering ...(make, year, and vehicle identification number of
302 vehicle).... ...(Signature of Insured)...
303
304 Such affidavit must include the following warning:
305
306 WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
307 REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
308 LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
309 SUBJECT TO PROSECUTION.
310
311 If an application is made through a licensed motor vehicle
312 dealer as required under s. 319.23, the original or a photocopy
313 photostatic copy of such card, insurance policy, insurance
314 policy binder, or certificate of insurance or the original
315 affidavit from the insured must shall be forwarded by the dealer
316 to the tax collector of the county or the Department of Highway
317 Safety and Motor Vehicles for processing. By executing the
318 aforesaid affidavit, a no licensed motor vehicle dealer is not
319 will be liable in damages for any inadequacy, insufficiency, or
320 falsification of any statement contained therein. A card must
321 also indicate the existence of any bodily injury liability
322 insurance voluntarily purchased.
323 (d) The verifying of proof of personal injury protection
324 insurance, proof of property damage liability insurance, proof
325 of combined bodily liability insurance and property damage
326 liability insurance, or proof of financial responsibility
327 insurance and the issuance or failure to issue the motor vehicle
328 registration under the provisions of this chapter may not be
329 construed in any court as a warranty of the reliability or
330 accuracy of the evidence of such proof or as meaning that the
331 provisions of any insurance policy furnished as proof of
332 financial responsibility comply with state law. Neither the
333 department nor any tax collector is liable in damages for any
334 inadequacy, insufficiency, falsification, or unauthorized
335 modification of any item of the proof of personal injury
336 protection insurance, proof of property damage liability
337 insurance, proof of combined bodily liability insurance and
338 property damage liability insurance, or proof of financial
339 responsibility before insurance prior to, during, or subsequent
340 to the verification of the proof. The issuance of a motor
341 vehicle registration does not constitute prima facie evidence or
342 a presumption of insurance coverage.
343 Section 7. Paragraph (b) of subsection (1) of section
344 320.0609, Florida Statutes, is amended to read:
345 320.0609 Transfer and exchange of registration license
346 plates; transfer fee.—
347 (1)
348 (b) The transfer of a license plate from a vehicle disposed
349 of to a newly acquired vehicle does not constitute a new
350 registration. The application for transfer must shall be
351 accepted without requiring proof of personal injury protection
352 or liability insurance.
353 Section 8. Subsection (3) of section 320.27, Florida
354 Statutes, is amended, and paragraph (g) is added to subsection
355 (1) of that section, to read:
356 320.27 Motor vehicle dealers.—
357 (1) DEFINITIONS.—The following words, terms, and phrases
358 when used in this section have the meanings respectively
359 ascribed to them in this subsection, except where the context
360 clearly indicates a different meaning:
361 (g) “Garage liability insurance” means, beginning July 1,
362 2026, combined single-limit liability coverage, including
363 property damage and bodily injury liability coverage, in the
364 amount of at least $60,000.
365 (3) APPLICATION AND FEE.—The application for the license
366 application must shall be in such form as may be prescribed by
367 the department and is shall be subject to such rules with
368 respect thereto as may be so prescribed by the department it.
369 Such application must shall be verified by oath or affirmation
370 and must shall contain a full statement of the name and birth
371 date of the person or persons applying for the license therefor;
372 the name of the firm or copartnership, with the names and places
373 of residence of all members thereof, if such applicant is a firm
374 or copartnership; the names and places of residence of the
375 principal officers, if the applicant is a body corporate or
376 other artificial body; the name of the state under whose laws
377 the corporation is organized; the present and former place or
378 places of residence of the applicant; and the prior business in
379 which the applicant has been engaged and its the location
380 thereof. The Such application must shall describe the exact
381 location of the place of business and must shall state whether
382 the place of business is owned by the applicant and when
383 acquired, or, if leased, a true copy of the lease must shall be
384 attached to the application. The applicant shall certify that
385 the location provides an adequately equipped office and is not a
386 residence; that the location affords sufficient unoccupied space
387 upon and within which adequately to store all motor vehicles
388 offered and displayed for sale; and that the location is a
389 suitable place where the applicant can in good faith carry on
390 such business and keep and maintain books, records, and files
391 necessary to conduct such business, which must shall be
392 available at all reasonable hours to inspection by the
393 department or any of its inspectors or other employees. The
394 applicant shall certify that the business of a motor vehicle
395 dealer is the principal business that will which shall be
396 conducted at that location. The application must shall contain a
397 statement that the applicant is either franchised by a
398 manufacturer of motor vehicles, in which case the name of each
399 motor vehicle that the applicant is franchised to sell must
400 shall be included, or an independent (nonfranchised) motor
401 vehicle dealer. The application must shall contain other
402 relevant information as may be required by the department. The
403 applicant shall furnish, including evidence, on a form approved
404 by the department, that the applicant is insured under a garage
405 liability insurance policy or a general liability insurance
406 policy coupled with a business automobile policy having the
407 coverages and limits of garage liability insurance coverage in
408 accordance with paragraph (1)(g), which shall include, at a
409 minimum, $25,000 combined single-limit liability coverage
410 including bodily injury and property damage protection and
411 $10,000 personal injury protection. However, a salvage motor
412 vehicle dealer as defined in subparagraph (1)(c)5. is exempt
413 from the requirements for garage liability insurance and
414 personal injury protection insurance on those vehicles that
415 cannot be legally operated on roads, highways, or streets in
416 this state. Franchise dealers must submit a garage liability
417 insurance policy, and all other dealers must submit a garage
418 liability insurance policy or a general liability insurance
419 policy coupled with a business automobile policy. Such policy
420 must shall be for the license period, and evidence of a new or
421 continued policy must shall be delivered to the department at
422 the beginning of each license period. A licensee shall deliver
423 to the department, in the manner prescribed by the department,
424 within 10 calendar days after any renewal or continuation of or
425 change in such policy or within 10 calendar days after any
426 issuance of a new policy, a copy of the renewed, continued,
427 changed, or new policy. Upon making an initial application, the
428 applicant shall pay to the department a fee of $300 in addition
429 to any other fees required by law. Applicants may choose to
430 extend the licensure period for 1 additional year for a total of
431 2 years. An initial applicant shall pay to the department a fee
432 of $300 for the first year and $75 for the second year, in
433 addition to any other fees required by law. An applicant for
434 renewal shall pay to the department $75 for a 1-year renewal or
435 $150 for a 2-year renewal, in addition to any other fees
436 required by law. Upon making an application for a change of
437 location, the applicant person shall pay a fee of $50 in
438 addition to any other fees now required by law. The department
439 shall, in the case of every application for initial licensure,
440 verify whether certain facts set forth in the application are
441 true. Each applicant, general partner in the case of a
442 partnership, or corporate officer and director in the case of a
443 corporate applicant shall, must file a set of fingerprints with
444 the department for the purpose of determining any prior criminal
445 record or any outstanding warrants. The department shall submit
446 the fingerprints to the Department of Law Enforcement for state
447 processing and forwarding to the Federal Bureau of Investigation
448 for federal processing. The actual cost of state and federal
449 processing must shall be borne by the applicant and is in
450 addition to the fee for licensure. The department may issue a
451 license to an applicant pending the results of the fingerprint
452 investigation, which license is fully revocable if the
453 department subsequently determines that any facts set forth in
454 the application are not true or correctly represented.
455 Section 9. Paragraph (j) of subsection (3) of section
456 320.771, Florida Statutes, is amended to read:
457 320.771 License required of recreational vehicle dealers.—
458 (3) APPLICATION.—The application for such license shall be
459 in the form prescribed by the department and subject to such
460 rules as may be prescribed by it. The application shall be
461 verified by oath or affirmation and shall contain:
462 (j) Evidence that the applicant is insured under a garage
463 liability insurance policy as defined in s. 320.27(1)(g), which
464 shall include, at a minimum, $25,000 combined single-limit
465 liability coverage, including bodily injury and property damage
466 protection, and $10,000 personal injury protection, if the
467 applicant is to be licensed as a dealer in, or intends to sell,
468 recreational vehicles. Such policy must be for the license
469 period. Within 10 calendar days after any renewal or
470 continuation of or material change in such policy or issuance of
471 a new policy, the licensee shall deliver to the department, in a
472 manner prescribed by the department, a copy of such renewed,
473 continued, changed, or new policy. However, a garage liability
474 policy is not required for the licensure of a mobile home dealer
475 who sells only park trailers.
476
477 The department shall, if it deems necessary, cause an
478 investigation to be made to ascertain if the facts set forth in
479 the application are true and shall not issue a license to the
480 applicant until it is satisfied that the facts set forth in the
481 application are true.
482 Section 10. Subsections (1) and (2) of section 322.251,
483 Florida Statutes, are amended to read:
484 322.251 Notice of cancellation, suspension, revocation, or
485 disqualification of license.—
486 (1) All orders of cancellation, suspension, revocation, or
487 disqualification issued under the provisions of this chapter,
488 chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall
489 be given either by personal delivery thereof to the licensee
490 whose license is being canceled, suspended, revoked, or
491 disqualified or by deposit in the United States mail in an
492 envelope, first class, postage prepaid, addressed to the
493 licensee at his or her last known mailing address furnished to
494 the department. Such mailing by the department constitutes
495 notification, and any failure by the person to receive the
496 mailed order will not affect or stay the effective date or term
497 of the cancellation, suspension, revocation, or disqualification
498 of the licensee’s driving privilege.
499 (2) The giving of notice and an order of cancellation,
500 suspension, revocation, or disqualification by mail is complete
501 upon expiration of 20 days after deposit in the United States
502 mail for all notices except those issued under chapter 324 or
503 ss. 627.732–627.734, which are complete 15 days after deposit in
504 the United States mail. Proof of the giving of notice and an
505 order of cancellation, suspension, revocation, or
506 disqualification in either manner must shall be made by entry in
507 the records of the department that such notice was given. The
508 entry is admissible in the courts of this state and constitutes
509 sufficient proof that such notice was given.
510 Section 11. Paragraph (a) of subsection (8) of section
511 322.34, Florida Statutes, is amended to read:
512 322.34 Driving while license suspended, revoked, canceled,
513 or disqualified.—
514 (8)(a) Upon the arrest of a person for the offense of
515 driving while the person’s driver license or driving privilege
516 is suspended or revoked, the arresting officer shall determine:
517 1. Whether the person’s driver license is suspended or
518 revoked, or the person is under suspension or revocation
519 equivalent status.
520 2. Whether the person’s driver license has remained
521 suspended or revoked, or the person has been under suspension or
522 revocation equivalent status, since a conviction for the offense
523 of driving with a suspended or revoked license.
524 3. Whether the suspension, revocation, or suspension or
525 revocation equivalent status was made under s. 316.646 or s.
526 627.733, relating to failure to maintain required security, or
527 under s. 322.264, relating to habitual traffic offenders.
528 4. Whether the driver is the registered owner or co-owner
529 of the vehicle.
530 Section 12. Section 324.011, Florida Statutes, is amended
531 to read:
532 324.011 Legislative intent; purpose of chapter.—
533 (1) It is the intent of the Legislature that this chapter:
534 (a) Ensure that the privilege of owning or operating a
535 motor vehicle in this state is exercised to recognize the
536 existing privilege to own or operate a motor vehicle on the
537 public streets and highways of this state when such vehicles are
538 used with due consideration for the safety of others and their
539 property., and to
540 (b) Promote safety. and
541 (c) Provide financial security requirements for such owners
542 and or operators whose responsibility it is to recompense others
543 for injury to person or property caused by the operation of a
544 motor vehicle.
545 (2) The purpose of this chapter is to require every owner
546 or operator of a motor vehicle that is required to be registered
547 in this state to establish, maintain, Therefore, it is required
548 herein that the operator of a motor vehicle involved in a crash
549 or convicted of certain traffic offenses meeting the operative
550 provisions of s. 324.051(2) shall respond for such damages and
551 show proof of financial ability to respond for damages arising
552 out of the ownership, maintenance, or use of a motor vehicle in
553 future accidents as a requisite to owning or operating a motor
554 vehicle in this state his or her future exercise of such
555 privileges.
556 Section 13. Subsections (1) and (7) and paragraph (c) of
557 subsection (9) of section 324.021, Florida Statutes, are
558 amended, and subsection (12) is added to that section, to read:
559 324.021 Definitions; minimum insurance required.—The
560 following words and phrases when used in this chapter shall, for
561 the purpose of this chapter, have the meanings respectively
562 ascribed to them in this section, except in those instances
563 where the context clearly indicates a different meaning:
564 (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
565 designed and required to be licensed for use upon a highway,
566 including trailers and semitrailers designed for use with such
567 vehicles, except traction engines, road rollers, farm tractors,
568 power shovels, and well drillers, and every vehicle that is
569 propelled by electric power obtained from overhead wires but not
570 operated upon rails, but not including any personal delivery
571 device or mobile carrier as defined in s. 316.003, bicycle,
572 electric bicycle, or moped. However, the term “motor vehicle”
573 does not include a motor vehicle as defined in s. 627.732(3)
574 when the owner of such vehicle has complied with the
575 requirements of ss. 627.730-627.7405, inclusive, unless the
576 provisions of s. 324.051 apply; and, in such case, the
577 applicable proof of insurance provisions of s. 320.02 apply.
578 (7) PROOF OF FINANCIAL RESPONSIBILITY.—Beginning July 1,
579 2026, That proof of ability to respond in damages for liability
580 on account of crashes arising out of the ownership, maintenance,
581 or use of a motor vehicle:
582 (a) With respect to a motor vehicle other than a commercial
583 motor vehicle, nonpublic sector bus, or for-hire passenger
584 transportation vehicle, in the amounts specified in s.
585 324.022(1). in the amount of $10,000 because of bodily injury
586 to, or death of, one person in any one crash;
587 (b) Subject to such limits for one person, in the amount of
588 $20,000 because of bodily injury to, or death of, two or more
589 persons in any one crash;
590 (c) In the amount of $10,000 because of injury to, or
591 destruction of, property of others in any one crash; and
592 (b)(d) With respect to commercial motor vehicles and
593 nonpublic sector buses, in the amounts specified in s. 627.7415
594 ss. 627.7415 and 627.742, respectively.
595 (c) With respect to nonpublic sector buses, in the amounts
596 specified in s. 627.742.
597 (d) With respect to for-hire passenger transportation
598 vehicles, in the amounts specified in s. 324.032.
599 (9) OWNER; OWNER/LESSOR; APPLICATION.—
600 (c) Application.—
601 1. The limits on liability in subparagraphs (b)2. and 3. do
602 not apply to an owner of motor vehicles that are used for
603 commercial activity in the owner’s ordinary course of business,
604 other than a rental company that rents or leases motor vehicles.
605 For purposes of this paragraph, the term “rental company”
606 includes only an entity that is engaged in the business of
607 renting or leasing motor vehicles to the general public and that
608 rents or leases a majority of its motor vehicles to persons with
609 no direct or indirect affiliation with the rental company. The
610 term “rental company” also includes:
611 a. A related rental or leasing company that is a subsidiary
612 of the same parent company as that of the renting or leasing
613 company that rented or leased the vehicle.
614 b. The holder of a motor vehicle title or an equity
615 interest in a motor vehicle title if the title or equity
616 interest is held pursuant to or to facilitate an asset-backed
617 securitization of a fleet of motor vehicles used solely in the
618 business of renting or leasing motor vehicles to the general
619 public and under the dominion and control of a rental company,
620 as described in this subparagraph, in the operation of such
621 rental company’s business.
622 2. Furthermore, with respect to commercial motor vehicles
623 as defined in s. 207.002 or s. 320.01(25) s. 627.732, the limits
624 on liability in subparagraphs (b)2. and 3. do not apply if, at
625 the time of the incident, the commercial motor vehicle is being
626 used in the transportation of materials found to be hazardous
627 for the purposes of the Hazardous Materials Transportation
628 Authorization Act of 1994, as amended, 49 U.S.C. ss. 5101 et
629 seq., and that is required pursuant to such act to carry
630 placards warning others of the hazardous cargo, unless at the
631 time of lease or rental either:
632 a. The lessee indicates in writing that the vehicle will
633 not be used to transport materials found to be hazardous for the
634 purposes of the Hazardous Materials Transportation Authorization
635 Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
636 b. The lessee or other operator of the commercial motor
637 vehicle has in effect insurance with limits of at least $5
638 million $5,000,000 combined property damage and bodily injury
639 liability.
640 3.a. A motor vehicle dealer, or a motor vehicle dealer’s
641 leasing or rental affiliate, that provides a temporary
642 replacement vehicle at no charge or at a reasonable daily charge
643 to a service customer whose vehicle is being held for repair,
644 service, or adjustment by the motor vehicle dealer is immune
645 from any cause of action and is not liable, vicariously or
646 directly, under general law solely by reason of being the owner
647 of the temporary replacement vehicle for harm to persons or
648 property that arises out of the use, or operation, of the
649 temporary replacement vehicle by any person during the period
650 the temporary replacement vehicle has been entrusted to the
651 motor vehicle dealer’s service customer if there is no
652 negligence or criminal wrongdoing on the part of the motor
653 vehicle owner, or its leasing or rental affiliate.
654 b. For purposes of this section, and notwithstanding any
655 other provision of general law, a motor vehicle dealer, or a
656 motor vehicle dealer’s leasing or rental affiliate, that gives
657 possession, control, or use of a temporary replacement vehicle
658 to a motor vehicle dealer’s service customer may not be adjudged
659 liable in a civil proceeding absent negligence or criminal
660 wrongdoing on the part of the motor vehicle dealer, or the motor
661 vehicle dealer’s leasing or rental affiliate, if the motor
662 vehicle dealer or the motor vehicle dealer’s leasing or rental
663 affiliate executes a written rental or use agreement and obtains
664 from the person receiving the temporary replacement vehicle a
665 copy of the person’s driver license and insurance information
666 reflecting at least the minimum motor vehicle insurance coverage
667 required in the state. Any subsequent determination that the
668 driver license or insurance information provided to the motor
669 vehicle dealer, or the motor vehicle dealer’s leasing or rental
670 affiliate, was in any way false, fraudulent, misleading,
671 nonexistent, canceled, not in effect, or invalid does not alter
672 or diminish the protections provided by this section, unless the
673 motor vehicle dealer, or the motor vehicle dealer’s leasing or
674 rental affiliate, had actual knowledge thereof at the time
675 possession of the temporary replacement vehicle was provided.
676 c. For purposes of this subparagraph, the term:
677 (I) “Control” means the power to direct the management and
678 policies of a person, whether through ownership of voting
679 securities or otherwise.
680 (II) “Motor vehicle dealer’s leasing or rental affiliate”
681 means a person who directly or indirectly controls, is
682 controlled by, or is under common control with the motor vehicle
683 dealer.
684 d. For purposes of this subparagraph, the term “service
685 customer” does not include an agent or a principal of a motor
686 vehicle dealer or a motor vehicle dealer’s leasing or rental
687 affiliate, and does not include an employee of a motor vehicle
688 dealer or a motor vehicle dealer’s leasing or rental affiliate
689 unless the employee was provided a temporary replacement
690 vehicle:
691 (I) While the employee’s personal vehicle was being held
692 for repair, service, or adjustment by the motor vehicle dealer;
693 (II) In the same manner as other customers who are provided
694 a temporary replacement vehicle while the customer’s vehicle is
695 being held for repair, service, or adjustment; and
696 (III) The employee was not acting within the course and
697 scope of his or her employment.
698 (12) FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.—Every for
699 hire vehicle as defined in s. 320.01(15) which is offered or
700 used to provide transportation for persons, including taxicabs,
701 limousines, and jitneys.
702 Section 14. Section 324.022, Florida Statutes, is amended
703 to read:
704 324.022 Financial responsibility requirements for property
705 damage.—
706 (1)(a) Beginning July 1, 2026, every owner or operator of a
707 motor vehicle required to be registered in this state shall
708 establish and continuously maintain the ability to respond in
709 damages for liability on account of accidents arising out of the
710 ownership, maintenance, or use of the motor vehicle in the
711 amount of:
712 1. Twenty-five thousand dollars for bodily injury to, or
713 the death of, one person in any one crash and, subject to such
714 limits for one person, in the amount of $50,000 for bodily
715 injury to, or the death of, two or more persons in any one
716 crash; and
717 2. Ten thousand dollars for $10,000 because of damage to,
718 or destruction of, property of others in any one crash.
719 (b) The requirements of paragraph (a) this section may be
720 met by one of the methods established in s. 324.031; by self
721 insuring as authorized by s. 768.28(16); or by maintaining a
722 motor vehicle liability policy that an insurance policy
723 providing coverage for property damage liability in the amount
724 of at least $10,000 because of damage to, or destruction of,
725 property of others in any one accident arising out of the use of
726 the motor vehicle. The requirements of this section may also be
727 met by having a policy which provides combined property damage
728 liability and bodily injury liability coverage for any one crash
729 arising out of the ownership, maintenance, or use of a motor
730 vehicle and that conforms to the requirements of s. 324.151 in
731 the amount of at least $60,000 for every owner or operator
732 subject to the financial responsibility required in paragraph
733 (a) $30,000 for combined property damage liability and bodily
734 injury liability for any one crash arising out of the use of the
735 motor vehicle. The policy, with respect to coverage for property
736 damage liability, must meet the applicable requirements of s.
737 324.151, subject to the usual policy exclusions that have been
738 approved in policy forms by the Office of Insurance Regulation.
739 No insurer shall have any duty to defend uncovered claims
740 irrespective of their joinder with covered claims.
741 (2) As used in this section, the term:
742 (a) “Motor vehicle” means any self-propelled vehicle that
743 has four or more wheels and that is of a type designed and
744 required to be licensed for use on the highways of this state,
745 and any trailer or semitrailer designed for use with such
746 vehicle. The term does not include the following:
747 1. A mobile home as defined in s. 320.01(2)(a).
748 2. A motor vehicle that is used in mass transit and
749 designed to transport more than five passengers, exclusive of
750 the operator of the motor vehicle, and that is owned by a
751 municipality, transit authority, or political subdivision of the
752 state.
753 3. A school bus as defined in s. 1006.25, which must
754 maintain security as required under s. 316.615.
755 4. A commercial motor vehicle as defined in s. 207.002 or
756 s. 320.01(25), which must maintain security as required under
757 ss. 324.031 and 627.7415.
758 5. A nonpublic sector bus, which must maintain security as
759 required under ss. 324.031 and 627.742.
760 6.4. A vehicle providing for-hire passenger transportation
761 vehicle, which must that is subject to the provisions of s.
762 324.031. A taxicab shall maintain security as required under s.
763 324.032 s. 324.032(1).
764 7.5. A personal delivery device as defined in s. 316.003,
765 which must maintain security as required under s. 316.2071(4).
766 (b) “Owner” means the person who holds legal title to a
767 motor vehicle or the debtor or lessee who has the right to
768 possession of a motor vehicle that is the subject of a security
769 agreement or lease with an option to purchase.
770 (3) Each nonresident owner or registrant of a motor vehicle
771 that, whether operated or not, has been physically present
772 within this state for more than 90 days during the preceding 365
773 days shall maintain security as required by subsection (1). The
774 security must be that is in effect continuously throughout the
775 period the motor vehicle remains within this state.
776 (4) An The owner or registrant of a motor vehicle who is
777 exempt from the requirements of this section if she or he is a
778 member of the United States Armed Forces and is called to or on
779 active duty outside the United States in an emergency situation
780 is exempt from this section while he or she. The exemption
781 provided by this subsection applies only as long as the member
782 of the Armed Forces is on such active duty. This exemption
783 outside the United States and applies only while the vehicle
784 covered by the security is not operated by any person. Upon
785 receipt of a written request by the insured to whom the
786 exemption provided in this subsection applies, the insurer shall
787 cancel the coverages and return any unearned premium or suspend
788 the security required by this section. Notwithstanding s.
789 324.0221(2) s. 324.0221(3), the department may not suspend the
790 registration or operator’s license of an any owner or registrant
791 of a motor vehicle during the time she or he qualifies for the
792 an exemption under this subsection. An Any owner or registrant
793 of a motor vehicle who qualifies for the an exemption under this
794 subsection shall immediately notify the department before prior
795 to and at the end of the expiration of the exemption.
796 Section 15. Subsections (1) and (2) of section 324.0221,
797 Florida Statutes, are amended to read:
798 324.0221 Reports by insurers to the department; suspension
799 of driver license and vehicle registrations; reinstatement.—
800 (1)(a) Each insurer that has issued a policy providing
801 personal injury protection coverage or property damage liability
802 coverage shall report the cancellation or nonrenewal thereof to
803 the department within 10 days after the processing date or
804 effective date of each cancellation or nonrenewal. Upon the
805 issuance of a policy providing personal injury protection
806 coverage or property damage liability coverage to a named
807 insured not previously insured by the insurer during that
808 calendar year, the insurer shall report the issuance of the new
809 policy to the department within 10 days. The report must shall
810 be in the form and format and contain any information required
811 by the department and must be provided in a format that is
812 compatible with the data processing capabilities of the
813 department. Failure by an insurer to file proper reports with
814 the department as required by this subsection constitutes a
815 violation of the Florida Insurance Code. These records may shall
816 be used by the department only for enforcement and regulatory
817 purposes, including the generation by the department of data
818 regarding compliance by owners of motor vehicles with the
819 requirements for financial responsibility coverage.
820 (b) With respect to an insurance policy providing personal
821 injury protection coverage or property damage liability
822 coverage, each insurer shall notify the named insured, or the
823 first-named insured in the case of a commercial fleet policy, in
824 writing that any cancellation or nonrenewal of the policy will
825 be reported by the insurer to the department. The notice must
826 also inform the named insured that failure to maintain bodily
827 injury liability personal injury protection coverage and
828 property damage liability coverage on a motor vehicle when
829 required by law may result in the loss of registration and
830 driving privileges in this state and inform the named insured of
831 the amount of the reinstatement fees required by this section.
832 This notice is for informational purposes only, and an insurer
833 is not civilly liable for failing to provide this notice.
834 (2) The department shall suspend, after due notice and an
835 opportunity to be heard, the registration and driver license of
836 any owner or registrant of a motor vehicle for with respect to
837 which security is required under s. 324.022, s. 324.023, s.
838 324.032, s. 627.7415, or s. 627.742 ss. 324.022 and 627.733
839 upon:
840 (a) The department’s records showing that the owner or
841 registrant of such motor vehicle does did not have the in full
842 force and effect when required security in full force and effect
843 that complies with the requirements of ss. 324.022 and 627.733;
844 or
845 (b) Notification by the insurer to the department, in a
846 form approved by the department, of cancellation or termination
847 of the required security.
848 Section 16. Section 324.0222, Florida Statutes, is created
849 to read:
850 324.0222 Application of driver license and registration
851 suspensions for failure to maintain security; reinstatement.—All
852 suspensions of driver licenses or motor vehicle registrations
853 for failure to maintain security as required by law in effect
854 before July 1, 2026, remain in full force and effect after July
855 1, 2026. A driver may affect reinstatement of a suspended driver
856 license or registration as provided under s. 324.0221.
857 Section 17. Section 324.023, Florida Statutes, is amended
858 to read:
859 324.023 Financial responsibility for bodily injury or
860 death.—In addition to any other financial responsibility
861 required by law, every owner or operator of a motor vehicle that
862 is required to be registered in this state, or that is located
863 within this state, and who, regardless of adjudication of guilt,
864 has been found guilty of or entered a plea of guilty or nolo
865 contendere to a charge of driving under the influence under s.
866 316.193 after October 1, 2007, shall, by one of the methods
867 established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2),
868 establish and maintain the ability to respond in damages for
869 liability on account of accidents arising out of the ownership,
870 maintenance, or use of a motor vehicle in the amount of $100,000
871 because of bodily injury to, or death of, one person in any one
872 crash and, subject to such limits for one person, in the amount
873 of $300,000 because of bodily injury to, or death of, two or
874 more persons in any one crash and in the amount of $50,000
875 because of property damage in any one crash. If the owner or
876 operator chooses to establish and maintain such ability by
877 furnishing a certificate of deposit pursuant to s. 324.031(1)(b)
878 s. 324.031(2), such certificate of deposit must be at least
879 $350,000. Such higher limits must be carried for a minimum
880 period of 3 years. If the owner or operator has not been
881 convicted of driving under the influence or a felony traffic
882 offense for a period of 3 years from the date of reinstatement
883 of driving privileges for a violation of s. 316.193, the owner
884 or operator is shall be exempt from this section.
885 Section 18. Section 324.031, Florida Statutes, is amended
886 to read:
887 324.031 Manner of proving financial responsibility.—
888 (1) The owner or operator of a taxicab, limousine, jitney,
889 or any other for-hire passenger transportation vehicle may prove
890 financial responsibility by providing satisfactory evidence of
891 holding a motor vehicle liability policy as defined in s.
892 324.021(8) or s. 324.151, which policy is issued by an insurance
893 carrier which is a member of the Florida Insurance Guaranty
894 Association. The owner or operator of a motor vehicle other than
895 a for-hire passenger transportation operator or owner of any
896 other vehicle may prove his or her financial responsibility by:
897 (a)(1) Furnishing satisfactory evidence of holding a motor
898 vehicle liability policy as defined in ss. 324.021(8) and
899 324.151 which provides liability coverage for the motor vehicle
900 being operated;
901 (b)(2) Furnishing a certificate of self-insurance showing a
902 deposit of cash in accordance with s. 324.161; or
903 (c)(3) Furnishing a certificate of self-insurance issued by
904 the department in accordance with s. 324.171.
905 (2) Beginning July 1, 2026, any person, including any firm,
906 partnership, association, corporation, or other person, other
907 than a natural person, electing to use the method of proof
908 specified in paragraph (1)(b) subsection (2) shall do both of
909 the following:
910 (a) Furnish a certificate of deposit equal to the number of
911 vehicles owned times $60,000 $30,000, up to a maximum of
912 $240,000. $120,000;
913 (b) In addition, any such person, other than a natural
914 person, shall Maintain insurance providing coverage that meets
915 the requirements of s. 324.151 and has in excess of limits of:
916 1. At least $125,000 for bodily injury to, or the death of,
917 one person in any one crash; subject to such limits for one
918 person, at least $250,000 for bodily injury to, or the death of,
919 two or more persons in any one crash; and $50,000 of property
920 damage coverage for damage to, or destruction of, property of
921 others in any one crash; or
922 2. At least $300,000 for combined bodily injury liability
923 and property damage liability for any one crash
924 $10,000/20,000/10,000 or $30,000 combined single limits, and
925 such excess insurance shall provide minimum limits of
926 $125,000/250,000/50,000 or $300,000 combined single limits.
927 These increased limits shall not affect the requirements for
928 proving financial responsibility under s. 324.032(1).
929 Section 19. Section 324.032, Florida Statutes, is amended
930 to read:
931 324.032 Manner of proving Financial responsibility for;
932 for-hire passenger transportation vehicles.—Notwithstanding the
933 provisions of s. 324.031:
934 (1) An owner or a lessee of a for-hire passenger
935 transportation vehicle that is required to be registered in this
936 state shall establish and continuously maintain the ability to
937 respond in damages for liability on account of accidents arising
938 out of the ownership, maintenance, or use of the for-hire
939 passenger transportation vehicle, in the amount of:
940 (a) One hundred twenty-five thousand dollars for bodily
941 injury to, or the death of, one person in any one crash and,
942 subject to such limits for one person, in the amount of $250,000
943 for bodily injury to, or the death of, two or more persons in
944 any one crash; and A person who is either the owner or a lessee
945 required to maintain insurance under s. 627.733(1)(b) and who
946 operates one or more taxicabs, limousines, jitneys, or any other
947 for-hire passenger transportation vehicles may prove financial
948 responsibility by furnishing satisfactory evidence of holding a
949 motor vehicle liability policy, but with minimum limits of
950 $125,000/250,000/50,000.
951 (b) Fifty thousand dollars for damage to, or destruction
952 of, property of others in any one crash A person who is either
953 the owner or a lessee required to maintain insurance under s.
954 324.021(9)(b) and who operates limousines, jitneys, or any other
955 for-hire passenger vehicles, other than taxicabs, may prove
956 financial responsibility by furnishing satisfactory evidence of
957 holding a motor vehicle liability policy as defined in s.
958 324.031.
959 (2) Except as provided in subsection (3), the requirements
960 of this section must be met by the owner or lessee providing
961 satisfactory evidence of holding a motor vehicle liability
962 policy conforming to the requirements of s. 324.151 which is
963 issued by an insurance carrier that is a member of the Florida
964 Insurance Guaranty Association.
965 (3) An owner or a lessee who is required to maintain
966 insurance under s. 324.021(9)(b) and who operates at least 300
967 taxicabs, limousines, jitneys, or any other for-hire passenger
968 transportation vehicles may provide financial responsibility by
969 complying with the provisions of s. 324.171, which must such
970 compliance to be demonstrated by maintaining at its principal
971 place of business an audited financial statement, prepared in
972 accordance with generally accepted accounting principles, and
973 providing to the department a certification issued by a
974 certified public accountant that the applicant’s net worth is at
975 least equal to the requirements of s. 324.171 as determined by
976 the Office of Insurance Regulation of the Financial Services
977 Commission, including claims liabilities in an amount certified
978 as adequate by a Fellow of the Casualty Actuarial Society.
979
980 Upon request by the department, the applicant shall must provide
981 the department at the applicant’s principal place of business in
982 this state access to the applicant’s underlying financial
983 information and financial statements that provide the basis of
984 the certified public accountant’s certification. The applicant
985 shall reimburse the requesting department for all reasonable
986 costs incurred by it in reviewing the supporting information.
987 The maximum amount of self-insurance permissible under this
988 subsection is $300,000 and must be stated on a per-occurrence
989 basis, and the applicant shall maintain adequate excess
990 insurance issued by an authorized or eligible insurer licensed
991 or approved by the Office of Insurance Regulation. All risks
992 self-insured shall remain with the owner or lessee providing it,
993 and the risks are not transferable to any other person, unless a
994 policy complying with subsections (1) and (2) subsection (1) is
995 obtained.
996 Section 20. Subsection (2) of section 324.051, Florida
997 Statutes, is amended, and subsection (4) is added to that
998 section, to read:
999 324.051 Reports of crashes; suspensions of licenses and
1000 registrations.—
1001 (2)(a) Thirty days after receipt of notice of any accident
1002 described in paragraph (1)(a) involving a motor vehicle within
1003 this state, the department shall suspend, after due notice and
1004 opportunity to be heard, the license of each operator and all
1005 registrations of the owner of the vehicles operated by such
1006 operator whether or not involved in such crash and, in the case
1007 of a nonresident owner or operator, shall suspend such
1008 nonresident’s operating privilege in this state, unless such
1009 operator or owner shall, prior to the expiration of such 30
1010 days, be found by the department to be exempt from the operation
1011 of this chapter, based upon evidence satisfactory to the
1012 department that:
1013 1. The motor vehicle was legally parked at the time of such
1014 crash.
1015 2. The motor vehicle was owned by the United States
1016 Government, this state, or any political subdivision of this
1017 state or any municipality therein.
1018 3. Such operator or owner has secured a duly acknowledged
1019 written agreement providing for release from liability by all
1020 parties injured as the result of said crash and has complied
1021 with one of the provisions of s. 324.031.
1022 4. Such operator or owner has deposited with the department
1023 security to conform with s. 324.061 when applicable and has
1024 complied with one of the provisions of s. 324.031.
1025 5. One year has elapsed since such owner or operator was
1026 suspended pursuant to subsection (3), the owner or operator has
1027 complied with one of the provisions of s. 324.031, and no bill
1028 of complaint of which the department has notice has been filed
1029 in a court of competent jurisdiction.
1030 (b) This subsection does shall not apply:
1031 1. To such operator or owner if such operator or owner had
1032 in effect at the time of such crash or traffic conviction a
1033 motor vehicle an automobile liability policy with respect to all
1034 of the registered motor vehicles owned by such operator or
1035 owner.
1036 2. To such operator, if not the owner of such motor
1037 vehicle, if there was in effect at the time of such crash or
1038 traffic conviction a motor vehicle an automobile liability
1039 policy or bond with respect to his or her operation of motor
1040 vehicles not owned by him or her.
1041 3. To such operator or owner if the liability of such
1042 operator or owner for damages resulting from such crash is, in
1043 the judgment of the department, covered by any other form of
1044 liability insurance or bond.
1045 4. To any person who has obtained from the department a
1046 certificate of self-insurance, in accordance with s. 324.171, or
1047 to any person operating a motor vehicle for such self-insurer.
1048
1049 A No such policy or bond is not shall be effective under this
1050 subsection unless it contains limits of not less than those
1051 specified in s. 324.021(7).
1052 (4) As used in this section, the term “motor vehicle”
1053 includes a motorcycle as defined in s. 320.01(26).
1054 Section 21. Section 324.071, Florida Statutes, is amended
1055 to read:
1056 324.071 Reinstatement; renewal of license; reinstatement
1057 fee.—An Any operator or owner whose license or registration has
1058 been suspended pursuant to s. 324.051(2), s. 324.072, s.
1059 324.081, or s. 324.121 may effect its reinstatement upon
1060 compliance with the provisions of s. 324.051(2)(a)3. or 4., or
1061 s. 324.081(2) and (3), as the case may be, and with one of the
1062 provisions of s. 324.031 and upon payment to the department of a
1063 nonrefundable reinstatement fee of $15. Only one such fee may
1064 shall be paid by any one person regardless irrespective of the
1065 number of licenses and registrations to be then reinstated or
1066 issued to such person. All Such fees must shall be deposited in
1067 to a department trust fund. If When the reinstatement of any
1068 license or registration is effected by compliance with s.
1069 324.051(2)(a)3. or 4., the department may shall not renew the
1070 license or registration within a period of 3 years after from
1071 such reinstatement, and no nor shall any other license or
1072 registration may be issued in the name of such person, unless
1073 the operator continues is continuing to comply with one of the
1074 provisions of s. 324.031.
1075 Section 22. Subsection (1) of section 324.091, Florida
1076 Statutes, is amended to read:
1077 324.091 Notice to department; notice to insurer.—
1078 (1) Each owner and operator involved in a crash or
1079 conviction case within the purview of this chapter shall furnish
1080 evidence of automobile liability insurance or motor vehicle
1081 liability insurance within 14 days after the date of the mailing
1082 of notice of crash by the department in the form and manner as
1083 it may designate. Upon receipt of evidence that a an automobile
1084 liability policy or motor vehicle liability policy was in effect
1085 at the time of the crash or conviction case, the department
1086 shall forward to the insurer such information for verification
1087 in a method as determined by the department. The insurer shall
1088 respond to the department within 20 days after the notice as to
1089 whether or not such information is valid. If the department
1090 determines that a an automobile liability policy or motor
1091 vehicle liability policy was not in effect and did not provide
1092 coverage for both the owner and the operator, it must shall take
1093 action as it is authorized to do under this chapter.
1094 Section 23. Section 324.151, Florida Statutes, is amended
1095 to read:
1096 324.151 Motor vehicle liability policies; required
1097 provisions.—
1098 (1) A motor vehicle liability policy that serves as to be
1099 proof of financial responsibility under s. 324.031(1)(a) must s.
1100 324.031(1) shall be issued to owners or operators of motor
1101 vehicles under the following provisions:
1102 (a) A motor vehicle An owner’s liability insurance policy
1103 issued to an owner of a motor vehicle required to be registered
1104 in this state must designate by explicit description or by
1105 appropriate reference all motor vehicles for with respect to
1106 which coverage is thereby granted. The policy, must insure the
1107 person or persons owner named therein, and, unless except for a
1108 named driver excluded under s. 627.747, must insure any resident
1109 relative of a named insured other person as operator using such
1110 motor vehicle or motor vehicles with the express or implied
1111 permission of such owner against loss from the liability imposed
1112 by law for damage arising out of the ownership, maintenance, or
1113 use of any such motor vehicle or motor vehicles within the
1114 United States or the Dominion of Canada, subject to limits,
1115 exclusive of interest and costs with respect to each such motor
1116 vehicle as is provided for under s. 324.021(7). The policy must
1117 also insure any person operating an insured motor vehicle with
1118 the express or implied permission of a named insured against
1119 loss from the liability imposed by law for damage arising out of
1120 the ownership, maintenance, or use of any motor vehicle, unless
1121 that person was excluded under s. 627.747. However, the insurer
1122 may include provisions in its policy excluding liability
1123 coverage for a motor vehicle not designated as an insured
1124 vehicle on the policy if such motor vehicle does not qualify as
1125 a newly acquired vehicle or as a temporary substitute vehicle
1126 and was owned by the insured or was furnished for an insured’s
1127 regular use for more than 30 consecutive days before the event
1128 giving rise to the claim. Insurers may make available, with
1129 respect to property damage liability coverage, a deductible
1130 amount not to exceed $500. In the event of a property damage
1131 loss covered by a policy containing a property damage deductible
1132 provision, the insurer shall pay to the third-party claimant the
1133 amount of any property damage liability settlement or judgment,
1134 subject to policy limits, as if no deductible existed.
1135 (b) A motor vehicle liability policy issued to a person who
1136 does not own a An operator’s motor vehicle must liability policy
1137 of insurance shall insure the person or persons named therein
1138 against loss from the liability imposed upon him or her by law
1139 for damages arising out of the ownership, maintenance, or use by
1140 the person of any motor vehicle not owned by him or her, with
1141 the same territorial limits and subject to the same limits of
1142 liability as referred to above with respect to an owner’s policy
1143 of liability insurance.
1144 (c) All such motor vehicle liability policies must provide
1145 liability coverage with limits, exclusive of interest and costs,
1146 greater than or equal to the limits specified under s.
1147 324.021(7) for accidents occurring within the United States and
1148 Canada. The policies must shall state the name and address of
1149 the named insured, the coverage afforded by the policy, the
1150 premium charged therefor, the policy period, and the limits of
1151 liability, and must shall contain an agreement or be endorsed
1152 that insurance is provided in accordance with the coverage
1153 defined in this chapter as respects bodily injury and death or
1154 property damage or both and is subject to all provisions of this
1155 chapter. The Said policies must shall also contain a provision
1156 that the satisfaction by an insured of a judgment for such
1157 injury or damage may shall not be a condition precedent to the
1158 right or duty of the insurance carrier to make payment on
1159 account of such injury or damage, and must shall also contain a
1160 provision that bankruptcy or insolvency of the insured or of the
1161 insured’s estate does shall not relieve the insurance carrier of
1162 any of its obligations under the said policy.
1163 (2) The provisions of This section is shall not be
1164 applicable to any motor vehicle automobile liability policy
1165 unless and until it is furnished as proof of financial
1166 responsibility for the future pursuant to s. 324.031, and then
1167 applies only from and after the date the said policy is so
1168 furnished and thereafter.
1169 (3) As used in this section, the term:
1170 (a) “Newly acquired vehicle” means a vehicle owned by a
1171 named insured or a resident relative of the named insured which
1172 was acquired no more than 30 days before an accident.
1173 (b) “Resident relative” means a person related to a named
1174 insured by any degree by blood, marriage, or adoption, including
1175 a ward or foster child, who makes his or her home in the same
1176 family unit or residence as the named insured, regardless of
1177 whether he or she temporarily lives elsewhere.
1178 (c) “Temporary substitute vehicle” means any motor vehicle
1179 that is not owned by the named insured and that is temporarily
1180 used with the permission of the owner as a substitute for the
1181 owned motor vehicle designated on the policy when the owned
1182 vehicle is withdrawn from normal use because of breakdown,
1183 repair, servicing, loss, or destruction.
1184 Section 24. Section 324.161, Florida Statutes, is amended
1185 to read:
1186 324.161 Proof of financial responsibility; deposit.—If a
1187 person elects to prove his or her financial responsibility under
1188 the method of proof specified in s. 324.031(1)(b), he or she
1189 annually must obtain and submit to the department proof of a
1190 certificate of deposit in the amount required under s.
1191 324.031(2) from a financial institution insured by the Federal
1192 Deposit Insurance Corporation or the National Credit Union
1193 Administration Annually, before any certificate of insurance may
1194 be issued to a person, including any firm, partnership,
1195 association, corporation, or other person, other than a natural
1196 person, proof of a certificate of deposit of $30,000 issued and
1197 held by a financial institution must be submitted to the
1198 department. A power of attorney will be issued to and held by
1199 the department, and may be executed upon a judgment issued
1200 against such person making the deposit, for damages for because
1201 of bodily injury to or death of any person or for damages for
1202 because of injury to or destruction of property resulting from
1203 the use or operation of any motor vehicle occurring after such
1204 deposit was made. Money so deposited is shall not be subject to
1205 attachment or execution unless such attachment or execution
1206 arises shall arise out of a lawsuit suit for such damages as
1207 aforesaid.
1208 Section 25. Subsections (1) and (2) of section 324.171,
1209 Florida Statutes, are amended to read:
1210 324.171 Self-insurer.—
1211 (1) A Any person may qualify as a self-insurer by obtaining
1212 a certificate of self-insurance from the department. which may,
1213 in its discretion and Upon application of such a person, the
1214 department may issue a said certificate of self-insurance to an
1215 applicant who satisfies when such person has satisfied the
1216 requirements of this section. Effective July 1, 2026 to qualify
1217 as a self-insurer under this section:
1218 (a) A private individual with private passenger vehicles
1219 shall possess a net unencumbered worth of at least $100,000
1220 $40,000.
1221 (b) A person, including any firm, partnership, association,
1222 corporation, or other person, other than a natural person,
1223 shall:
1224 1. Possess a net unencumbered worth of at least $100,000
1225 $40,000 for the first motor vehicle and $50,000 $20,000 for each
1226 additional motor vehicle; or
1227 2. Maintain sufficient net worth, in an amount determined
1228 by the department, to be financially responsible for potential
1229 losses. The department, with the assistance of the Office of
1230 Insurance Regulation of the Financial Services Commission, shall
1231 annually determine the minimum net worth sufficient to satisfy
1232 this subparagraph as determined annually by the department,
1233 pursuant to rules adopted promulgated by the department, with
1234 the assistance of the Office of Insurance Regulation of the
1235 Financial Services Commission, to be financially responsible for
1236 potential losses. The rules must consider any shall take into
1237 consideration excess insurance carried by the applicant. The
1238 department’s determination must shall be based upon reasonable
1239 actuarial principles considering the frequency, severity, and
1240 loss development of claims incurred by casualty insurers writing
1241 coverage on the type of motor vehicles for which a certificate
1242 of self-insurance is desired.
1243 (c) The owner of a commercial motor vehicle, as defined in
1244 s. 207.002 or s. 320.01(25) s. 320.01, may qualify as a self
1245 insurer subject to the standards provided for in subparagraph
1246 (b)2.
1247 (2) The self-insurance certificate must shall provide
1248 limits of liability insurance in the amounts specified under s.
1249 324.021(7) or s. 627.7415 and shall provide personal injury
1250 protection coverage under s. 627.733(3)(b).
1251 Section 26. Subsections (1) and (3) of section 324.242,
1252 Florida Statutes, are amended to read:
1253 324.242 Personal injury protection and property damage
1254 liability insurance policies; public records exemption.—
1255 (1) The following information regarding personal injury
1256 protection and property damage liability insurance policies held
1257 by the department is confidential and exempt from s. 119.07(1)
1258 and s. 24(a), Art. I of the State Constitution:
1259 (a) Personal identifying information of an insured or
1260 former insured; and
1261 (b) An insurance policy number.
1262 (3) The department shall provide personal injury protection
1263 and property damage liability insurance policy numbers to
1264 department-approved third parties that provide data collection
1265 services to an insurer of any person involved in such accident.
1266 Section 27. Section 324.251, Florida Statutes, is amended
1267 to read:
1268 324.251 Short title.—This chapter may be cited as the
1269 “Financial Responsibility Law of 2025 1955” and is shall become
1270 effective at 12:01 a.m., July 1, 2026 October 1, 1955.
1271 Section 28. Subsection (4) of section 400.9905, Florida
1272 Statutes, is amended to read:
1273 400.9905 Definitions.—
1274 (4)(a) “Clinic” means an entity where health care services
1275 are provided to individuals and which tenders charges for
1276 reimbursement for such services, including a mobile clinic and a
1277 portable equipment provider. As used in this part, the term does
1278 not include and the licensure requirements of this part do not
1279 apply to:
1280 1.(a) Entities licensed or registered by the state under
1281 chapter 395; entities licensed or registered by the state and
1282 providing only health care services within the scope of services
1283 authorized under their respective licenses under ss. 383.30
1284 383.332, chapter 390, chapter 394, chapter 397, this chapter
1285 except part X, chapter 429, chapter 463, chapter 465, chapter
1286 466, chapter 478, chapter 484, or chapter 651; end-stage renal
1287 disease providers authorized under 42 C.F.R. part 494; providers
1288 certified and providing only health care services within the
1289 scope of services authorized under their respective
1290 certifications under 42 C.F.R. part 485, subpart B, subpart H,
1291 or subpart J; providers certified and providing only health care
1292 services within the scope of services authorized under their
1293 respective certifications under 42 C.F.R. part 486, subpart C;
1294 providers certified and providing only health care services
1295 within the scope of services authorized under their respective
1296 certifications under 42 C.F.R. part 491, subpart A; providers
1297 certified by the Centers for Medicare and Medicaid Services
1298 under the federal Clinical Laboratory Improvement Amendments and
1299 the federal rules adopted thereunder; or any entity that
1300 provides neonatal or pediatric hospital-based health care
1301 services or other health care services by licensed practitioners
1302 solely within a hospital licensed under chapter 395.
1303 2.(b) Entities that own, directly or indirectly, entities
1304 licensed or registered by the state pursuant to chapter 395;
1305 entities that own, directly or indirectly, entities licensed or
1306 registered by the state and providing only health care services
1307 within the scope of services authorized pursuant to their
1308 respective licenses under ss. 383.30-383.332, chapter 390,
1309 chapter 394, chapter 397, this chapter except part X, chapter
1310 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
1311 484, or chapter 651; end-stage renal disease providers
1312 authorized under 42 C.F.R. part 494; providers certified and
1313 providing only health care services within the scope of services
1314 authorized under their respective certifications under 42 C.F.R.
1315 part 485, subpart B, subpart H, or subpart J; providers
1316 certified and providing only health care services within the
1317 scope of services authorized under their respective
1318 certifications under 42 C.F.R. part 486, subpart C; providers
1319 certified and providing only health care services within the
1320 scope of services authorized under their respective
1321 certifications under 42 C.F.R. part 491, subpart A; providers
1322 certified by the Centers for Medicare and Medicaid Services
1323 under the federal Clinical Laboratory Improvement Amendments and
1324 the federal rules adopted thereunder; or any entity that
1325 provides neonatal or pediatric hospital-based health care
1326 services by licensed practitioners solely within a hospital
1327 licensed under chapter 395.
1328 3.(c) Entities that are owned, directly or indirectly, by
1329 an entity licensed or registered by the state pursuant to
1330 chapter 395; entities that are owned, directly or indirectly, by
1331 an entity licensed or registered by the state and providing only
1332 health care services within the scope of services authorized
1333 pursuant to their respective licenses under ss. 383.30-383.332,
1334 chapter 390, chapter 394, chapter 397, this chapter except part
1335 X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
1336 478, chapter 484, or chapter 651; end-stage renal disease
1337 providers authorized under 42 C.F.R. part 494; providers
1338 certified and providing only health care services within the
1339 scope of services authorized under their respective
1340 certifications under 42 C.F.R. part 485, subpart B, subpart H,
1341 or subpart J; providers certified and providing only health care
1342 services within the scope of services authorized under their
1343 respective certifications under 42 C.F.R. part 486, subpart C;
1344 providers certified and providing only health care services
1345 within the scope of services authorized under their respective
1346 certifications under 42 C.F.R. part 491, subpart A; providers
1347 certified by the Centers for Medicare and Medicaid Services
1348 under the federal Clinical Laboratory Improvement Amendments and
1349 the federal rules adopted thereunder; or any entity that
1350 provides neonatal or pediatric hospital-based health care
1351 services by licensed practitioners solely within a hospital
1352 under chapter 395.
1353 4.(d) Entities that are under common ownership, directly or
1354 indirectly, with an entity licensed or registered by the state
1355 pursuant to chapter 395; entities that are under common
1356 ownership, directly or indirectly, with an entity licensed or
1357 registered by the state and providing only health care services
1358 within the scope of services authorized pursuant to their
1359 respective licenses under ss. 383.30-383.332, chapter 390,
1360 chapter 394, chapter 397, this chapter except part X, chapter
1361 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
1362 484, or chapter 651; end-stage renal disease providers
1363 authorized under 42 C.F.R. part 494; providers certified and
1364 providing only health care services within the scope of services
1365 authorized under their respective certifications under 42 C.F.R.
1366 part 485, subpart B, subpart H, or subpart J; providers
1367 certified and providing only health care services within the
1368 scope of services authorized under their respective
1369 certifications under 42 C.F.R. part 486, subpart C; providers
1370 certified and providing only health care services within the
1371 scope of services authorized under their respective
1372 certifications under 42 C.F.R. part 491, subpart A; providers
1373 certified by the Centers for Medicare and Medicaid Services
1374 under the federal Clinical Laboratory Improvement Amendments and
1375 the federal rules adopted thereunder; or any entity that
1376 provides neonatal or pediatric hospital-based health care
1377 services by licensed practitioners solely within a hospital
1378 licensed under chapter 395.
1379 5.(e) An entity that is exempt from federal taxation under
1380 26 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
1381 under 26 U.S.C. s. 409 that has a board of trustees at least
1382 two-thirds of which are Florida-licensed health care
1383 practitioners and provides only physical therapy services under
1384 physician orders, any community college or university clinic,
1385 and any entity owned or operated by the federal or state
1386 government, including agencies, subdivisions, or municipalities
1387 thereof.
1388 6.(f) A sole proprietorship, group practice, partnership,
1389 or corporation that provides health care services by physicians
1390 covered by s. 627.419, that is directly supervised by one or
1391 more of such physicians, and that is wholly owned by one or more
1392 of those physicians or by a physician and the spouse, parent,
1393 child, or sibling of that physician.
1394 7.(g) A sole proprietorship, group practice, partnership,
1395 or corporation that provides health care services by licensed
1396 health care practitioners under chapter 457, chapter 458,
1397 chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
1398 chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
1399 chapter 490, chapter 491, or part I, part III, part X, part
1400 XIII, or part XIV of chapter 468, or s. 464.012, and that is
1401 wholly owned by one or more licensed health care practitioners,
1402 or the licensed health care practitioners set forth in this
1403 subparagraph paragraph and the spouse, parent, child, or sibling
1404 of a licensed health care practitioner if one of the owners who
1405 is a licensed health care practitioner is supervising the
1406 business activities and is legally responsible for the entity’s
1407 compliance with all federal and state laws. However, a health
1408 care practitioner may not supervise services beyond the scope of
1409 the practitioner’s license, except that, for the purposes of
1410 this part, a clinic owned by a licensee in s. 456.053(3)(b)
1411 which provides only services authorized pursuant to s.
1412 456.053(3)(b) may be supervised by a licensee specified in s.
1413 456.053(3)(b).
1414 8.(h) Clinical facilities affiliated with an accredited
1415 medical school at which training is provided for medical
1416 students, residents, or fellows.
1417 9.(i) Entities that provide only oncology or radiation
1418 therapy services by physicians licensed under chapter 458 or
1419 chapter 459 or entities that provide oncology or radiation
1420 therapy services by physicians licensed under chapter 458 or
1421 chapter 459 which are owned by a corporation whose shares are
1422 publicly traded on a recognized stock exchange.
1423 10.(j) Clinical facilities affiliated with a college of
1424 chiropractic accredited by the Council on Chiropractic Education
1425 at which training is provided for chiropractic students.
1426 11.(k) Entities that provide licensed practitioners to
1427 staff emergency departments or to deliver anesthesia services in
1428 facilities licensed under chapter 395 and that derive at least
1429 90 percent of their gross annual revenues from the provision of
1430 such services. Entities claiming an exemption from licensure
1431 under this subparagraph paragraph must provide documentation
1432 demonstrating compliance.
1433 12.(l) Orthotic, prosthetic, pediatric cardiology, or
1434 perinatology clinical facilities or anesthesia clinical
1435 facilities that are not otherwise exempt under subparagraph 1.
1436 or subparagraph 11. paragraph (a) or paragraph (k) and that are
1437 a publicly traded corporation or are wholly owned, directly or
1438 indirectly, by a publicly traded corporation. As used in this
1439 subparagraph paragraph, a publicly traded corporation is a
1440 corporation that issues securities traded on an exchange
1441 registered with the United States Securities and Exchange
1442 Commission as a national securities exchange.
1443 13.(m) Entities that are owned by a corporation that has
1444 $250 million or more in total annual sales of health care
1445 services provided by licensed health care practitioners where
1446 one or more of the persons responsible for the operations of the
1447 entity is a health care practitioner who is licensed in this
1448 state and who is responsible for supervising the business
1449 activities of the entity and is responsible for the entity’s
1450 compliance with state law for purposes of this part.
1451 14.(n) Entities that employ 50 or more licensed health care
1452 practitioners licensed under chapter 458 or chapter 459 where
1453 the billing for medical services is under a single tax
1454 identification number. The application for exemption under this
1455 subparagraph must include subsection shall contain information
1456 that includes: the name, residence, and business address and
1457 telephone phone number of the entity that owns the practice; a
1458 complete list of the names and contact information of all the
1459 officers and directors of the corporation; the name, residence
1460 address, business address, and medical license number of each
1461 licensed Florida health care practitioner employed by the
1462 entity; the corporate tax identification number of the entity
1463 seeking an exemption; a listing of health care services to be
1464 provided by the entity at the health care clinics owned or
1465 operated by the entity; and a certified statement prepared by an
1466 independent certified public accountant which states that the
1467 entity and the health care clinics owned or operated by the
1468 entity have not received payment for health care services under
1469 medical payments personal injury protection insurance coverage
1470 for the preceding year. If the agency determines that an entity
1471 that which is exempt under this subparagraph subsection has
1472 received payments for medical services under medical payments
1473 personal injury protection insurance coverage, the agency may
1474 deny or revoke the exemption from licensure under this
1475 subparagraph subsection.
1476 15.(o) Entities that are, directly or indirectly, under the
1477 common ownership of or that are subject to common control by a
1478 mutual insurance holding company, as defined in s. 628.703, with
1479 an entity issued a certificate of authority under chapter 624 or
1480 chapter 641 which has $1 billion or more in total annual sales
1481 in this state.
1482 16.(p) Entities that are owned by an entity that is a
1483 behavioral health care service provider in at least five other
1484 states; that, together with its affiliates, have $90 million or
1485 more in total annual revenues associated with the provision of
1486 behavioral health care services; and wherein one or more of the
1487 persons responsible for the operations of the entity is a health
1488 care practitioner who is licensed in this state, who is
1489 responsible for supervising the business activities of the
1490 entity, and who is responsible for the entity’s compliance with
1491 state law for purposes of this part.
1492 17.(q) Medicaid providers.
1493 (b) Notwithstanding paragraph (a) this subsection, an
1494 entity is shall be deemed a clinic and must be licensed under
1495 this part in order to receive medical payments coverage
1496 reimbursement unless the entity is:
1497 1. Wholly owned by a physician licensed under chapter 458
1498 or chapter 459 or by the physician and the spouse, parent,
1499 child, or sibling of the physician;
1500 2. Wholly owned by a dentist licensed under chapter 466 or
1501 by the dentist and the spouse, parent, child, or sibling of the
1502 dentist;
1503 3. Wholly owned by a chiropractic physician licensed under
1504 chapter 460 or by the chiropractic physician and the spouse,
1505 parent, child, or sibling of the chiropractic physician;
1506 4. A hospital or an ambulatory surgical center licensed
1507 under chapter 395;
1508 5. An entity that wholly owns or is wholly owned, directly
1509 or indirectly, by a hospital licensed under chapter 395;
1510 6. A clinical facility affiliated with an accredited
1511 medical school at which training is provided for medical
1512 students, residents, or fellows;
1513 7. Certified under 42 C.F.R. part 485, subpart H; or
1514 8. Owned by a publicly traded corporation, either directly
1515 or indirectly through its subsidiaries, which has $250 million
1516 or more in total annual sales of health care services provided
1517 by licensed health care practitioners, if one or more of the
1518 persons responsible for the operations of the entity are health
1519 care practitioners who are licensed in this state and who are
1520 responsible for supervising the business activities of the
1521 entity and the entity’s compliance with state law for purposes
1522 of this subsection under the Florida Motor Vehicle No-Fault Law,
1523 ss. 627.730-627.7405, unless exempted under s. 627.736(5)(h).
1524 Section 29. Subsection (5) of section 400.991, Florida
1525 Statutes, is amended to read:
1526 400.991 License requirements; background screenings;
1527 prohibitions.—
1528 (5) All agency forms for licensure application or exemption
1529 from licensure under this part must contain the following
1530 statement:
1531
1532 INSURANCE FRAUD NOTICE.—A person commits a fraudulent
1533 insurance act, as defined in s. 626.989, Florida
1534 Statutes, if the person who knowingly submits a false,
1535 misleading, or fraudulent application or other
1536 document when applying for licensure as a health care
1537 clinic, seeking an exemption from licensure as a
1538 health care clinic, or demonstrating compliance with
1539 part X of chapter 400, Florida Statutes, with the
1540 intent to use the license, exemption from licensure,
1541 or demonstration of compliance to provide services or
1542 seek reimbursement under a motor vehicle liability
1543 policy’s medical payments coverage the Florida Motor
1544 Vehicle No-Fault Law, commits a fraudulent insurance
1545 act, as defined in s. 626.989, Florida Statutes. A
1546 person who presents a claim for benefits under medical
1547 payments coverage personal injury protection benefits
1548 knowing that the payee knowingly submitted such health
1549 care clinic application or document commits insurance
1550 fraud, as defined in s. 817.234, Florida Statutes.
1551 Section 30. Paragraph (g) of subsection (1) of section
1552 400.9935, Florida Statutes, is amended to read:
1553 400.9935 Clinic responsibilities.—
1554 (1) Each clinic shall appoint a medical director or clinic
1555 director who shall agree in writing to accept legal
1556 responsibility for the following activities on behalf of the
1557 clinic. The medical director or the clinic director shall:
1558 (g) Conduct systematic reviews of clinic billings to ensure
1559 that the billings are not fraudulent or unlawful. Upon discovery
1560 of an unlawful charge, the medical director or clinic director
1561 shall take immediate corrective action. If the clinic performs
1562 only the technical component of magnetic resonance imaging,
1563 static radiographs, computed tomography, or positron emission
1564 tomography, and provides the professional interpretation of such
1565 services, in a fixed facility that is accredited by a national
1566 accrediting organization that is approved by the Centers for
1567 Medicare and Medicaid Services for magnetic resonance imaging
1568 and advanced diagnostic imaging services and if, in the
1569 preceding quarter, the percentage of scans performed by that
1570 clinic which was billed to motor vehicle all personal injury
1571 protection insurance carriers under medical payments coverage
1572 was less than 15 percent, the chief financial officer of the
1573 clinic may, in a written acknowledgment provided to the agency,
1574 assume the responsibility for the conduct of the systematic
1575 reviews of clinic billings to ensure that the billings are not
1576 fraudulent or unlawful.
1577 Section 31. Subsection (28) of section 409.901, Florida
1578 Statutes, is amended to read:
1579 409.901 Definitions; ss. 409.901-409.920.—As used in ss.
1580 409.901-409.920, except as otherwise specifically provided, the
1581 term:
1582 (28) “Third-party benefit” means any benefit that is or may
1583 be available at any time through contract, court award,
1584 judgment, settlement, agreement, or any arrangement between a
1585 third party and any person or entity, including, without
1586 limitation, a Medicaid recipient, a provider, another third
1587 party, an insurer, or the agency, for any Medicaid-covered
1588 injury, illness, goods, or services, including costs of medical
1589 services related thereto, for bodily personal injury or for
1590 death of the recipient, but specifically excluding policies of
1591 life insurance policies on the recipient, unless available under
1592 terms of the policy to pay medical expenses before prior to
1593 death. The term includes, without limitation, collateral, as
1594 defined in this section;, health insurance;, any benefit under a
1595 health maintenance organization, a preferred provider
1596 arrangement, a prepaid health clinic, liability insurance,
1597 uninsured motorist insurance, or medical payments coverage; or
1598 personal injury protection coverage, medical benefits under
1599 workers’ compensation;, and any obligation under law or equity
1600 to provide medical support.
1601 Section 32. Paragraph (f) of subsection (11) of section
1602 409.910, Florida Statutes, is amended to read:
1603 409.910 Responsibility for payments on behalf of Medicaid
1604 eligible persons when other parties are liable.—
1605 (11) The agency may, as a matter of right, in order to
1606 enforce its rights under this section, institute, intervene in,
1607 or join any legal or administrative proceeding in its own name
1608 in one or more of the following capacities: individually, as
1609 subrogee of the recipient, as assignee of the recipient, or as
1610 lienholder of the collateral.
1611 (f) Notwithstanding any provision in this section to the
1612 contrary, in the event of an action in tort against a third
1613 party in which the recipient or his or her legal representative
1614 is a party which results in a judgment, award, or settlement
1615 from a third party, the amount recovered shall be distributed as
1616 follows:
1617 1. After attorney attorney’s fees and taxable costs as
1618 defined by the Florida Rules of Civil Procedure, one-half of the
1619 remaining recovery shall be paid to the agency up to the total
1620 amount of medical assistance provided by Medicaid.
1621 2. The remaining amount of the recovery shall be paid to
1622 the recipient.
1623 3. For purposes of calculating the agency’s recovery of
1624 medical assistance benefits paid, the fee for services of an
1625 attorney retained by the recipient or his or her legal
1626 representative shall be calculated at 25 percent of the
1627 judgment, award, or settlement.
1628 4. Notwithstanding any other provision of this section to
1629 the contrary, the agency is shall be entitled to all medical
1630 coverage benefits up to the total amount of medical assistance
1631 provided by Medicaid. For purposes of this paragraph, the term
1632 “medical coverage” means any benefits under health insurance, a
1633 health maintenance organization, a preferred provider
1634 arrangement, or a prepaid health clinic, and the portion of
1635 benefits designated for medical payments under coverage for
1636 workers’ compensation coverage, motor vehicle insurance
1637 coverage, personal injury protection, and casualty coverage.
1638 Section 33. Paragraph (k) of subsection (2) of section
1639 456.057, Florida Statutes, is amended to read:
1640 456.057 Ownership and control of patient records; report or
1641 copies of records to be furnished; disclosure of information.—
1642 (2) As used in this section, the terms “records owner,”
1643 “health care practitioner,” and “health care practitioner’s
1644 employer” do not include any of the following persons or
1645 entities; furthermore, the following persons or entities are not
1646 authorized to acquire or own medical records, but are authorized
1647 under the confidentiality and disclosure requirements of this
1648 section to maintain those documents required by the part or
1649 chapter under which they are licensed or regulated:
1650 (k) Persons or entities practicing under s. 627.736(7).
1651 Section 34. Paragraphs (ee) and (ff) of subsection (1) of
1652 section 456.072, Florida Statutes, are amended to read:
1653 456.072 Grounds for discipline; penalties; enforcement.—
1654 (1) The following acts shall constitute grounds for which
1655 the disciplinary actions specified in subsection (2) may be
1656 taken:
1657 (ee) With respect to making a medical payments coverage
1658 personal injury protection claim as required by s. 627.736,
1659 intentionally submitting a claim, statement, or bill that has
1660 been upcoded. As used in this paragraph, the term “upcode” means
1661 to submit a billing code that would result in a greater payment
1662 amount than would be paid using a billing code that accurately
1663 describes the services performed. The term does not include an
1664 otherwise lawful bill by a magnetic resonance imaging facility
1665 which globally combines both technical and professional
1666 components, if the amount of the global bill is not more than
1667 the components if billed separately; however, payment of such a
1668 bill constitutes payment in full for all components of such
1669 service “upcoded” as defined in s. 627.732.
1670 (ff) With respect to making a medical payments coverage
1671 personal injury protection claim as required by s. 627.736,
1672 intentionally submitting a claim, statement, or bill for payment
1673 of services that were not rendered.
1674 Section 35. Paragraphs (i) and (o) of subsection (1) of
1675 section 626.9541, Florida Statutes, are amended to read:
1676 626.9541 Unfair methods of competition and unfair or
1677 deceptive acts or practices defined.—
1678 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
1679 ACTS.—The following are defined as unfair methods of competition
1680 and unfair or deceptive acts or practices:
1681 (i) Unfair claim settlement practices.—
1682 1. Attempting to settle claims on the basis of an
1683 application, when serving as a binder or intended to become a
1684 part of the policy, or any other material document which was
1685 altered without notice to, or knowledge or consent of, the
1686 insured;
1687 2. Making a material misrepresentation made to an insured
1688 or any other person having an interest in the proceeds payable
1689 under such contract or policy, for the purpose and with the
1690 intent of effecting settlement of such claims, loss, or damage
1691 under such contract or policy on less favorable terms than those
1692 provided in, and contemplated by, such contract or policy;
1693 3. Committing or performing with such frequency as to
1694 indicate a general business practice any of the following:
1695 a. Failing to adopt and implement standards for the proper
1696 investigation of claims;
1697 b. Misrepresenting pertinent facts or insurance policy
1698 provisions relating to coverages at issue;
1699 c. Failing to acknowledge and act promptly upon
1700 communications with respect to claims;
1701 d. Denying claims without conducting reasonable
1702 investigations based upon available information;
1703 e. Failing to affirm or deny full or partial coverage of
1704 claims, and, as to partial coverage, the dollar amount or extent
1705 of coverage, or failing to provide a written statement that the
1706 claim is being investigated, upon the written request of the
1707 insured within 30 days after proof-of-loss statements have been
1708 completed;
1709 f. Failing to promptly provide a reasonable explanation in
1710 writing to the insured of the basis in the insurance policy, in
1711 relation to the facts or applicable law, for denial of a claim
1712 or for the offer of a compromise settlement;
1713 g. Failing to promptly notify the insured of any additional
1714 information necessary for the processing of a claim;
1715 h. Failing to clearly explain the nature of the requested
1716 information and the reasons why such information is necessary;
1717 or
1718 i. Failing to pay personal injury protection insurance
1719 claims within the time periods required by s. 627.736(4)(b). The
1720 office may order the insurer to pay restitution to a
1721 policyholder, medical provider, or other claimant, including
1722 interest at a rate consistent with the amount set forth in s.
1723 55.03(1), for the time period within which an insurer fails to
1724 pay claims as required by law. Restitution is in addition to any
1725 other penalties allowed by law, including, but not limited to,
1726 the suspension of the insurer’s certificate of authority; or
1727 j. Altering or amending an insurance adjuster’s report
1728 without:
1729 (I) Providing a detailed explanation as to why any change
1730 that has the effect of reducing the estimate of the loss was
1731 made; and
1732 (II) Including on the report or as an addendum to the
1733 report a detailed list of all changes made to the report and the
1734 identity of the person who ordered each change; or
1735 (III) Retaining all versions of the report, and including
1736 within each such version, for each change made within such
1737 version of the report, the identity of each person who made or
1738 ordered such change; or
1739 4. Failing to pay undisputed amounts of partial or full
1740 benefits owed under first-party property insurance policies
1741 within 60 days after an insurer receives notice of a residential
1742 property insurance claim, determines the amounts of partial or
1743 full benefits, and agrees to coverage, unless payment of the
1744 undisputed benefits is prevented by factors beyond the control
1745 of the insurer as defined in s. 627.70131(5).
1746 (o) Illegal dealings in premiums; excess or reduced charges
1747 for insurance.—
1748 1. Knowingly collecting any sum as a premium or charge for
1749 insurance, which is not then provided, or is not in due course
1750 to be provided, subject to acceptance of the risk by the
1751 insurer, by an insurance policy issued by an insurer as
1752 permitted by this code.
1753 2. Knowingly collecting as a premium or charge for
1754 insurance any sum in excess of or less than the premium or
1755 charge applicable to such insurance, in accordance with the
1756 applicable classifications and rates as filed with and approved
1757 by the office, and as specified in the policy; or, in cases when
1758 classifications, premiums, or rates are not required by this
1759 code to be so filed and approved, premiums and charges collected
1760 from a Florida resident in excess of or less than those
1761 specified in the policy and as fixed by the insurer.
1762 Notwithstanding any other provision of law, this provision shall
1763 not be deemed to prohibit the charging and collection, by
1764 surplus lines agents licensed under part VIII of this chapter,
1765 of the amount of applicable state and federal taxes, or fees as
1766 authorized by s. 626.916(4), in addition to the premium required
1767 by the insurer or the charging and collection, by licensed
1768 agents, of the exact amount of any discount or other such fee
1769 charged by a credit card facility in connection with the use of
1770 a credit card, as authorized by subparagraph (q)3., in addition
1771 to the premium required by the insurer. This subparagraph shall
1772 not be construed to prohibit collection of a premium for a
1773 universal life or a variable or indeterminate value insurance
1774 policy made in accordance with the terms of the contract.
1775 3.a. Imposing or requesting an additional premium for
1776 bodily injury liability coverage, property damage liability
1777 coverage a policy of motor vehicle liability, personal injury
1778 protection, medical payments coverage payment, or collision
1779 coverage in a motor vehicle liability policy insurance or any
1780 combination thereof or refusing to renew the policy solely
1781 because the insured was involved in a motor vehicle accident
1782 unless the insurer’s file contains information from which the
1783 insurer in good faith determines that the insured was
1784 substantially at fault in the accident.
1785 b. An insurer which imposes and collects such a surcharge
1786 or which refuses to renew such policy shall, in conjunction with
1787 the notice of premium due or notice of nonrenewal, notify the
1788 named insured that he or she is entitled to reimbursement of
1789 such amount or renewal of the policy under the conditions listed
1790 below and will subsequently reimburse him or her or renew the
1791 policy, if the named insured demonstrates that the operator
1792 involved in the accident was:
1793 (I) Lawfully parked;
1794 (II) Reimbursed by, or on behalf of, a person responsible
1795 for the accident or has a judgment against such person;
1796 (III) Struck in the rear by another vehicle headed in the
1797 same direction and was not convicted of a moving traffic
1798 violation in connection with the accident;
1799 (IV) Hit by a “hit-and-run” driver, if the accident was
1800 reported to the proper authorities within 24 hours after
1801 discovering the accident;
1802 (V) Not convicted of a moving traffic violation in
1803 connection with the accident, but the operator of the other
1804 automobile involved in such accident was convicted of a moving
1805 traffic violation;
1806 (VI) Finally adjudicated not to be liable by a court of
1807 competent jurisdiction;
1808 (VII) In receipt of a traffic citation which was dismissed
1809 or nolle prossed; or
1810 (VIII) Not at fault as evidenced by a written statement
1811 from the insured establishing facts demonstrating lack of fault
1812 which are not rebutted by information in the insurer’s file from
1813 which the insurer in good faith determines that the insured was
1814 substantially at fault.
1815 c. In addition to the other provisions of this
1816 subparagraph, an insurer may not fail to renew a policy if the
1817 insured has had only one accident in which he or she was at
1818 fault within the current 3-year period. However, an insurer may
1819 nonrenew a policy for reasons other than accidents in accordance
1820 with s. 627.728. This subparagraph does not prohibit nonrenewal
1821 of a policy under which the insured has had three or more
1822 accidents, regardless of fault, during the most recent 3-year
1823 period.
1824 4. Imposing or requesting an additional premium for, or
1825 refusing to renew, a policy for motor vehicle insurance solely
1826 because the insured committed a noncriminal traffic infraction
1827 as described in s. 318.14 unless the infraction is:
1828 a. A second infraction committed within an 18-month period,
1829 or a third or subsequent infraction committed within a 36-month
1830 period.
1831 b. A violation of s. 316.183, when such violation is a
1832 result of exceeding the lawful speed limit by more than 15 miles
1833 per hour.
1834 5. Upon the request of the insured, the insurer and
1835 licensed agent shall supply to the insured the complete proof of
1836 fault or other criteria which justifies the additional charge or
1837 cancellation.
1838 6. No insurer shall impose or request an additional premium
1839 for motor vehicle insurance, cancel or refuse to issue a policy,
1840 or refuse to renew a policy because the insured or the applicant
1841 is a handicapped or physically disabled person, so long as such
1842 handicap or physical disability does not substantially impair
1843 such person’s mechanically assisted driving ability.
1844 7. No insurer may cancel or otherwise terminate any
1845 insurance contract or coverage, or require execution of a
1846 consent to rate endorsement, during the stated policy term for
1847 the purpose of offering to issue, or issuing, a similar or
1848 identical contract or coverage to the same insured with the same
1849 exposure at a higher premium rate or continuing an existing
1850 contract or coverage with the same exposure at an increased
1851 premium.
1852 8. No insurer may issue a nonrenewal notice on any
1853 insurance contract or coverage, or require execution of a
1854 consent to rate endorsement, for the purpose of offering to
1855 issue, or issuing, a similar or identical contract or coverage
1856 to the same insured at a higher premium rate or continuing an
1857 existing contract or coverage at an increased premium without
1858 meeting any applicable notice requirements.
1859 9. No insurer shall, with respect to premiums charged for
1860 motor vehicle insurance, unfairly discriminate solely on the
1861 basis of age, sex, marital status, or scholastic achievement.
1862 10. Imposing or requesting an additional premium for motor
1863 vehicle comprehensive or uninsured motorist coverage solely
1864 because the insured was involved in a motor vehicle accident or
1865 was convicted of a moving traffic violation.
1866 11. No insurer shall cancel or issue a nonrenewal notice on
1867 any insurance policy or contract without complying with any
1868 applicable cancellation or nonrenewal provision required under
1869 the Florida Insurance Code.
1870 12. No insurer shall impose or request an additional
1871 premium, cancel a policy, or issue a nonrenewal notice on any
1872 insurance policy or contract because of any traffic infraction
1873 when adjudication has been withheld and no points have been
1874 assessed pursuant to s. 318.14(9) and (10). However, this
1875 subparagraph does not apply to traffic infractions involving
1876 accidents in which the insurer has incurred a loss due to the
1877 fault of the insured.
1878 Section 36. Paragraph (a) of subsection (1) of section
1879 626.989, Florida Statutes, is amended to read:
1880 626.989 Investigation by department or Division of
1881 Investigative and Forensic Services; compliance; immunity;
1882 confidential information; reports to division; division
1883 investigator’s power of arrest.—
1884 (1) For the purposes of this section:
1885 (a) A person commits a “fraudulent insurance act” if the
1886 person:
1887 1. Knowingly and with intent to defraud presents, causes to
1888 be presented, or prepares with knowledge or belief that it will
1889 be presented, to or by an insurer, self-insurer, self-insurance
1890 fund, servicing corporation, purported insurer, broker, or any
1891 agent thereof, any written statement as part of, or in support
1892 of, an application for the issuance of, or the rating of, any
1893 insurance policy, or a claim for payment or other benefit
1894 pursuant to any insurance policy, which the person knows to
1895 contain materially false information concerning any fact
1896 material thereto or if the person conceals, for the purpose of
1897 misleading another, information concerning any fact material
1898 thereto.
1899 2. Knowingly submits:
1900 a. A false, misleading, or fraudulent application or other
1901 document when applying for licensure as a health care clinic,
1902 seeking an exemption from licensure as a health care clinic, or
1903 demonstrating compliance with part X of chapter 400 with an
1904 intent to use the license, exemption from licensure, or
1905 demonstration of compliance to provide services or seek
1906 reimbursement under a motor vehicle liability policy’s medical
1907 payments coverage the Florida Motor Vehicle No-Fault Law.
1908 b. A claim for payment or other benefit under a motor
1909 vehicle liability policy’s medical payments coverage, pursuant
1910 to a personal injury protection insurance policy under the
1911 Florida Motor Vehicle No-Fault Law if the person knows that the
1912 payee knowingly submitted a false, misleading, or fraudulent
1913 application or other document when applying for licensure as a
1914 health care clinic, seeking an exemption from licensure as a
1915 health care clinic, or demonstrating compliance with part X of
1916 chapter 400.
1917 Section 37. Subsection (1) of section 627.06501, Florida
1918 Statutes, is amended to read:
1919 627.06501 Insurance discounts for certain persons
1920 completing driver improvement course.—
1921 (1) Any rate, rating schedule, or rating manual for the
1922 liability, medical payments personal injury protection, and
1923 collision coverages of a motor vehicle insurance policy filed
1924 with the office may provide for an appropriate reduction in
1925 premium charges as to such coverages if when the principal
1926 operator on the covered vehicle has successfully completed a
1927 driver improvement course approved and certified by the
1928 Department of Highway Safety and Motor Vehicles which is
1929 effective in reducing crash or violation rates, or both, as
1930 determined pursuant to s. 318.1451(5). Any discount, not to
1931 exceed 10 percent, used by an insurer is presumed to be
1932 appropriate unless credible data demonstrates otherwise.
1933 Section 38. Subsection (15) is added to section 627.0651,
1934 Florida Statutes, to read:
1935 627.0651 Making and use of rates for motor vehicle
1936 insurance.—
1937 (15) Rate filings for motor vehicle liability policies that
1938 implement the financial responsibility requirements of s.
1939 324.022 in effect July 1, 2026, except for commercial motor
1940 vehicle insurance policies exempt under paragraph (14)(a), must
1941 reflect such financial responsibility requirements and may be
1942 approved only through the file and use process in accordance
1943 with paragraph (1)(a).
1944 Section 39. Subsection (1) of section 627.0652, Florida
1945 Statutes, is amended to read:
1946 627.0652 Insurance discounts for certain persons completing
1947 safety course.—
1948 (1) Any rates, rating schedules, or rating manuals for the
1949 liability, medical payments personal injury protection, and
1950 collision coverages of a motor vehicle insurance policy filed
1951 with the office must shall provide for an appropriate reduction
1952 in premium charges as to such coverages if when the principal
1953 operator on the covered vehicle is an insured 55 years of age or
1954 older who has successfully completed a motor vehicle accident
1955 prevention course approved by the Department of Highway Safety
1956 and Motor Vehicles. Any discount used by an insurer is presumed
1957 to be appropriate unless credible data demonstrates otherwise.
1958 Section 40. Subsections (1), (3), and (6) of section
1959 627.0653, Florida Statutes, are amended to read:
1960 627.0653 Insurance discounts for specified motor vehicle
1961 equipment.—
1962 (1) Any rates, rating schedules, or rating manuals for the
1963 liability, medical payments personal injury protection, and
1964 collision coverages of a motor vehicle insurance policy filed
1965 with the office must shall provide a premium discount if the
1966 insured vehicle is equipped with factory-installed, four-wheel
1967 antilock brakes.
1968 (3) Any rates, rating schedules, or rating manuals for
1969 personal injury protection coverage and medical payments
1970 coverage, if offered, of a motor vehicle insurance policy filed
1971 with the office must shall provide a premium discount if the
1972 insured vehicle is equipped with one or more air bags that which
1973 are factory installed.
1974 (6) The Office of Insurance Regulation may approve a
1975 premium discount to any rates, rating schedules, or rating
1976 manuals for the liability, medical payments personal injury
1977 protection, and collision coverages of a motor vehicle insurance
1978 policy filed with the office if the insured vehicle is equipped
1979 with an automated driving system or electronic vehicle collision
1980 avoidance technology that is factory installed or a retrofitted
1981 system and that complies with National Highway Traffic Safety
1982 Administration standards.
1983 Section 41. Section 627.4132, Florida Statutes, is amended
1984 to read:
1985 627.4132 Stacking of coverages prohibited.—If an insured or
1986 named insured is protected by any type of motor vehicle
1987 insurance policy providing primary bodily injury and property
1988 damage for liability, personal injury protection, or other
1989 coverage, the policy must shall provide that the insured or
1990 named insured is protected only to the extent of the coverage
1991 she or he has on the vehicle involved in the accident. However,
1992 if none of the insured’s or named insured’s vehicles are is
1993 involved in the accident, coverage is available only to the
1994 extent of coverage on any one of the vehicles with applicable
1995 coverage. Coverage on any other vehicles may shall not be added
1996 to or stacked upon that coverage. This section does not apply:
1997 (1) Apply to uninsured motorist coverage that which is
1998 separately governed by s. 627.727.
1999 (2) To Reduce the coverage available by reason of insurance
2000 policies insuring different named insureds.
2001 Section 42. Subsection (1) of section 627.4137, Florida
2002 Statutes, is amended to read:
2003 627.4137 Disclosure of certain information required.—
2004 (1) Each insurer that provides which does or may provide
2005 liability insurance coverage to pay all or a portion of any
2006 claim which might be made shall provide, within 30 days after of
2007 the written request of the claimant or the claimant’s attorney,
2008 a statement, under oath, of a corporate officer or the insurer’s
2009 claims manager or superintendent setting forth the following
2010 information with regard to each known policy of insurance,
2011 including excess or umbrella insurance:
2012 (a) The name of the insurer.
2013 (b) The name of each insured.
2014 (c) The limits of the liability coverage.
2015 (d) A statement of any policy or coverage defense which
2016 such insurer reasonably believes is available to such insurer at
2017 the time of filing such statement.
2018 (e) A copy of the policy.
2019
2020 In addition, the insured, or her or his insurance agent, upon
2021 written request of the claimant or the claimant’s attorney,
2022 shall disclose the name and coverage of each known insurer to
2023 the claimant and shall forward such request for information as
2024 required by this subsection to all affected insurers. The
2025 insurer shall then supply the information required in this
2026 subsection to the claimant within 30 days after of receipt of
2027 such request. If an insurer fails to timely comply with this
2028 subsection, the claimant may file an action in a court of
2029 competent jurisdiction to enforce this section. If the court
2030 determines that the insurer violated this subsection, the
2031 claimant is entitled to an award of reasonable attorney fees and
2032 costs, payable by the insurer.
2033 Section 43. Section 627.7263, Florida Statutes, is amended
2034 to read:
2035 627.7263 Rental and leasing driver’s insurance to be
2036 primary; exception.—
2037 (1) The valid and collectible liability insurance or
2038 personal injury protection insurance providing coverage for the
2039 lessor of a motor vehicle for rent or lease is primary unless
2040 otherwise stated in at least 10-point type on the face of the
2041 rental or lease agreement. Such insurance is primary for the
2042 limits of liability and personal injury protection coverage as
2043 required under s. 324.021(7) by ss. 324.021(7) and 627.736.
2044 (2) If the lessee’s coverage is to be primary, the rental
2045 or lease agreement must contain the following language, in at
2046 least 10-point type:
2047
2048 “The valid and collectible liability insurance and
2049 personal injury protection insurance of an any
2050 authorized rental or leasing driver is primary for the
2051 limits of liability and personal injury protection
2052 coverage required under s. 324.021(7) by ss.
2053 324.021(7) and 627.736, Florida Statutes.”
2054 Section 44. Subsections (1) and (7) of section 627.727,
2055 Florida Statutes, are amended to read:
2056 627.727 Motor vehicle insurance; uninsured and underinsured
2057 vehicle coverage; insolvent insurer protection.—
2058 (1) A No motor vehicle liability insurance policy that
2059 which provides bodily injury liability coverage may not shall be
2060 delivered or issued for delivery in this state with respect to
2061 any specifically insured or identified motor vehicle registered
2062 or principally garaged in this state unless uninsured motor
2063 vehicle coverage is provided therein or supplemental thereto for
2064 the protection of persons insured thereunder who are legally
2065 entitled to recover damages from owners or operators of
2066 uninsured motor vehicles because of bodily injury, sickness, or
2067 disease, including death, resulting therefrom. However, the
2068 coverage required under this section is not applicable if when,
2069 or to the extent that, an insured named in the policy makes a
2070 written rejection of the coverage on behalf of all insureds
2071 under the policy. If When a motor vehicle is leased for a period
2072 of 1 year or longer and the lessor of such vehicle, by the terms
2073 of the lease contract, provides liability coverage on the leased
2074 vehicle, the lessee of such vehicle has shall have the sole
2075 privilege to reject uninsured motorist coverage or to select
2076 lower limits than the bodily injury liability limits, regardless
2077 of whether the lessor is qualified as a self-insurer pursuant to
2078 s. 324.171. Unless an insured, or a lessee having the privilege
2079 of rejecting uninsured motorist coverage, requests such coverage
2080 or requests higher uninsured motorist limits in writing, the
2081 coverage or such higher uninsured motorist limits need not be
2082 provided in or supplemental to any other policy that which
2083 renews, extends, changes, supersedes, or replaces an existing
2084 policy with the same bodily injury liability limits when an
2085 insured or lessee had rejected the coverage. When an insured or
2086 lessee has initially selected limits of uninsured motorist
2087 coverage lower than her or his bodily injury liability limits,
2088 higher limits of uninsured motorist coverage need not be
2089 provided in or supplemental to any other policy that which
2090 renews, extends, changes, supersedes, or replaces an existing
2091 policy with the same bodily injury liability limits unless an
2092 insured requests higher uninsured motorist coverage in writing.
2093 The rejection or selection of lower limits must shall be made on
2094 a form approved by the office. The form must shall fully advise
2095 the applicant of the nature of the coverage and must shall state
2096 that the coverage is equal to bodily injury liability limits
2097 unless lower limits are requested or the coverage is rejected.
2098 The heading of the form must shall be in 12-point bold type and
2099 must shall state: “You are electing not to purchase certain
2100 valuable coverage that which protects you and your family or you
2101 are purchasing uninsured motorist limits less than your bodily
2102 injury liability limits when you sign this form. Please read
2103 carefully.” If this form is signed by a named insured, it will
2104 be conclusively presumed that there was an informed, knowing
2105 rejection of coverage or election of lower limits on behalf of
2106 all insureds. The insurer shall notify the named insured at
2107 least annually of her or his options as to the coverage required
2108 by this section. Such notice must shall be part of, and attached
2109 to, the notice of premium, must shall provide for a means to
2110 allow the insured to request such coverage, and must shall be
2111 given in a manner approved by the office. Receipt of this notice
2112 does not constitute an affirmative waiver of the insured’s right
2113 to uninsured motorist coverage if where the insured has not
2114 signed a selection or rejection form. The coverage described
2115 under this section must shall be over and above, but may shall
2116 not duplicate, the benefits available to an insured under any
2117 workers’ compensation law, personal injury protection benefits,
2118 disability benefits law, or similar law; under any automobile
2119 medical payments expense coverage; under any motor vehicle
2120 liability insurance coverage; or from the owner or operator of
2121 the uninsured motor vehicle or any other person or organization
2122 jointly or severally liable together with such owner or operator
2123 for the accident,; and such coverage must shall cover any the
2124 difference, if any, between the sum of such benefits and the
2125 damages sustained, up to the maximum amount of such coverage
2126 provided under this section. The amount of coverage available
2127 under this section may shall not be reduced by a setoff against
2128 any coverage, including liability insurance. Such coverage does
2129 shall not inure directly or indirectly to the benefit of any
2130 workers’ compensation or disability benefits carrier or any
2131 person or organization qualifying as a self-insurer under any
2132 workers’ compensation or disability benefits law or similar law.
2133 (7) The legal liability of an uninsured motorist coverage
2134 insurer includes does not include damages in tort for pain,
2135 suffering, disability, physical impairment, disfigurement,
2136 mental anguish, and inconvenience, and the loss of capacity for
2137 the enjoyment of life experienced in the past and to be
2138 experienced in the future unless the injury or disease is
2139 described in one or more of paragraphs (a)-(d) of s. 627.737(2).
2140 Section 45. Section 627.7275, Florida Statutes, is amended
2141 to read:
2142 627.7275 Required coverages in motor vehicle insurance
2143 policies; availability to certain applicants liability.—
2144 (1) A motor vehicle insurance policy providing personal
2145 injury protection as set forth in s. 627.736 may not be
2146 delivered or issued for delivery in this state for a with
2147 respect to any specifically insured or identified motor vehicle
2148 registered or principally garaged in this state must provide
2149 bodily injury liability coverage and unless the policy also
2150 provides coverage for property damage liability coverage as
2151 required under ss. 324.022 and 324.151 by s. 324.022.
2152 (2)(a) Insurers writing motor vehicle insurance in this
2153 state shall make available, subject to the insurers’ usual
2154 underwriting restrictions:
2155 1. Coverage under policies as described in subsection (1)
2156 to an applicant for private passenger motor vehicle insurance
2157 coverage who is seeking the coverage in order to reinstate the
2158 applicant’s driving privileges in this state if the driving
2159 privileges were revoked or suspended pursuant to s. 316.646 or
2160 s. 324.0221 due to the failure of the applicant to maintain
2161 required security.
2162 2. Coverage under policies as described in subsection (1),
2163 which includes bodily injury also provides liability coverage
2164 and property damage liability coverage for bodily injury, death,
2165 and property damage arising out of the ownership, maintenance,
2166 or use of the motor vehicle in an amount not less than the
2167 minimum limits required under described in s. 324.021(7) or s.
2168 324.023 and which conforms to the requirements of s. 324.151, to
2169 an applicant for private passenger motor vehicle insurance
2170 coverage who is seeking the coverage in order to reinstate the
2171 applicant’s driving privileges in this state after such
2172 privileges were revoked or suspended under s. 316.193 or s.
2173 322.26(2) for driving under the influence.
2174 (b) The policies described in paragraph (a) must shall be
2175 issued for at least 6 months. After the insurer has issued the
2176 policy, the insurer shall notify the Department of Highway
2177 Safety and Motor Vehicles that the policy is in full force and
2178 effect. Once the provisions of the policy become effective, the
2179 bodily injury liability and property damage liability coverages
2180 for bodily injury, property damage, and personal injury
2181 protection may not be reduced below the minimum limits required
2182 under s. 324.021 or s. 324.023 during the policy period.
2183 (c) This subsection controls to the extent of any conflict
2184 with any other section.
2185 (d) An insurer issuing a policy subject to this section may
2186 cancel the policy if, during the policy term, the named insured,
2187 or any other operator who resides in the same household or
2188 customarily operates an automobile insured under the policy, has
2189 his or her driver license suspended or revoked.
2190 (e) This subsection does not require an insurer to offer a
2191 policy of insurance to an applicant if such offer would be
2192 inconsistent with the insurer’s underwriting guidelines and
2193 procedures.
2194 Section 46. Effective upon this act becoming a law, section
2195 627.7278, Florida Statutes, is created to read:
2196 627.7278 Applicability and construction; notice to
2197 policyholders.—
2198 (1) As used in this section, the term “minimum security
2199 requirements” means security in the amounts required by s.
2200 324.022 which enables a person to respond in damages for
2201 liability on account of crashes arising out of the ownership,
2202 maintenance, or use of a motor vehicle.
2203 (2) Effective July 1, 2026:
2204 (a) Motor vehicle insurance policies issued or renewed on
2205 or after July 1, 2026, may not include personal injury
2206 protection.
2207 (b) All persons subject to s. 324.022, s. 324.032, s.
2208 627.7415, or s. 627.742 must meet at least the minimum security
2209 requirements and maintain the required amount of coverage.
2210 (c) A motor vehicle insurance policy issued before July 1,
2211 2026, which provides personal injury protection and property
2212 damage liability coverage that meets the requirements of s.
2213 324.022 on June 30, 2026, but that does not meet minimum
2214 security requirements in effect on or after July 1, 2026, is
2215 deemed to meet minimum security requirements until such policy
2216 is renewed, nonrenewed, or canceled on or after July 1, 2026.
2217 Sections 400.9905, 400.991, 456.057, 456.072, 626.9541(1)(i),
2218 627.7263, 627.727, 627.730-627.7405, 627.748, and 817.234,
2219 Florida Statutes 2024, remain in full force and effect for motor
2220 vehicle accidents covered under a policy issued under the
2221 Florida Motor Vehicle No-Fault Law before July 1, 2026, until
2222 the policy is renewed, nonrenewed, or canceled on or after July
2223 1, 2026.
2224 (3) An insurer shall allow each insured who has a new or
2225 renewal policy providing personal injury protection which
2226 becomes effective before July 1, 2026, and whose policy does not
2227 meet minimum security requirements on or after July 1, 2026, to
2228 change coverages so as to eliminate personal injury protection.
2229 Any reduction in the premium must be refunded by the insurer.
2230 The insurer may not impose on the insured an additional fee or
2231 charge that applies solely to a change in coverage; however, the
2232 insurer may charge an additional required premium that is
2233 actuarially indicated.
2234 (4) By April 1, 2026, each motor vehicle insurer shall
2235 provide notice of this section to each motor vehicle insurance
2236 policyholder who is subject to this section. The notice is
2237 subject to approval by the office and must clearly inform the
2238 policyholder that:
2239 (a) The Florida Motor Vehicle No-Fault Law is repealed
2240 effective July 1, 2026, and that on or after that date, the
2241 insured is no longer required to maintain personal injury
2242 protection insurance coverage, that personal injury protection
2243 insurance coverage is no longer available for purchase in this
2244 state, and that new or renewal policies issued on or after that
2245 date will not contain that coverage.
2246 (b) Effective July 1, 2026, a person subject to the
2247 financial responsibility requirements of s. 324.022 must
2248 maintain minimum security requirements that enable the person to
2249 respond in damages for liability on account of accidents arising
2250 out of the ownership, maintenance, or use of a motor vehicle in
2251 the following amounts:
2252 1. Twenty-five thousand dollars for bodily injury to, or
2253 the death of, one person in any one crash and, subject to such
2254 limits for one person, in the amount of $50,000 for bodily
2255 injury to, or the death of, two or more persons in any one
2256 crash; and
2257 2. Ten thousand dollars for damage to, or destruction of,
2258 the property of others in any one crash.
2259 (c) Bodily injury liability coverage protects the insured,
2260 up to the coverage limits, against loss if the insured is
2261 legally responsible for bodily injury to, or the death of,
2262 others in a motor vehicle crash.
2263 (d) The policyholder may obtain uninsured and underinsured
2264 motorist coverage that provides benefits, up to the limits of
2265 such coverage, to a policyholder or other insured entitled to
2266 recover damages for bodily injury, sickness, disease, or death
2267 resulting from a motor vehicle crash involving an uninsured or
2268 underinsured owner or operator of a motor vehicle.
2269 (e) If the policyholder’s new or renewal motor vehicle
2270 insurance policy is effective before July 1, 2026, and contains
2271 personal injury protection and property damage liability
2272 coverage as required by state law before July 1, 2026, but does
2273 not meet minimum security requirements on or after July 1, 2026,
2274 the policy is deemed to meet minimum security requirements until
2275 it is renewed, nonrenewed, or canceled on or after July 1, 2026.
2276 (f) A policyholder whose new or renewal policy becomes
2277 effective before July 1, 2026, but does not meet minimum
2278 security requirements on or after July 1, 2026, may change
2279 coverages under the policy so as to eliminate personal injury
2280 protection and to obtain coverage providing minimum security
2281 requirements, including bodily injury liability coverage, which
2282 are effective on or after July 1, 2026.
2283 (g) If the policyholder has any questions, he or she should
2284 contact the person named at the telephone number provided in the
2285 notice.
2286 Section 47. Paragraph (a) of subsection (1) of section
2287 627.728, Florida Statutes, is amended to read:
2288 627.728 Cancellations; nonrenewals.—
2289 (1) As used in this section, the term:
2290 (a) “Policy” means the bodily injury and property damage
2291 liability, personal injury protection, medical payments,
2292 comprehensive, collision, and uninsured motorist coverage
2293 portions of a policy of motor vehicle insurance delivered or
2294 issued for delivery in this state:
2295 1. Insuring a natural person as named insured or one or
2296 more related individuals who are residents resident of the same
2297 household; and
2298 2. Insuring only a motor vehicle of the private passenger
2299 type or station wagon type which is not used as a public or
2300 livery conveyance for passengers or rented to others; or
2301 insuring any other four-wheel motor vehicle having a load
2302 capacity of 1,500 pounds or less which is not used in the
2303 occupation, profession, or business of the insured other than
2304 farming; other than any policy issued under an automobile
2305 insurance assigned risk plan or covering garage, automobile
2306 sales agency, repair shop, service station, or public parking
2307 place operation hazards.
2308
2309 The term “policy” does not include a binder as defined in s.
2310 627.420 unless the duration of the binder period exceeds 60
2311 days.
2312 Section 48. Subsection (1), paragraph (a) of subsection
2313 (5), and subsections (6) and (7) of section 627.7295, Florida
2314 Statutes, are amended to read:
2315 627.7295 Motor vehicle insurance contracts.—
2316 (1) As used in this section, the term:
2317 (a) “Policy” means a motor vehicle insurance policy that
2318 provides bodily injury liability personal injury protection
2319 coverage and, property damage liability coverage, or both.
2320 (b) “Binder” means a binder that provides motor vehicle
2321 bodily injury liability coverage personal injury protection and
2322 property damage liability coverage.
2323 (5)(a) A licensed general lines agent may charge a per
2324 policy fee of up to not to exceed $10 to cover the
2325 administrative costs of the agent associated with selling the
2326 motor vehicle insurance policy if the policy provides covers
2327 only bodily injury liability coverage personal injury protection
2328 coverage as provided by s. 627.736 and property damage liability
2329 coverage under as provided by s. 627.7275 and if no other
2330 insurance is sold or issued in conjunction with or collateral to
2331 the policy. The fee is not considered part of the premium.
2332 (6) If a motor vehicle owner’s driver license, license
2333 plate, and registration have previously been suspended pursuant
2334 to s. 316.646 or s. 627.733, an insurer may cancel a new policy
2335 only as provided in s. 627.7275.
2336 (7) A policy of private passenger motor vehicle insurance
2337 or a binder for such a policy may be initially issued in this
2338 state only if, before the effective date of such binder or
2339 policy, the insurer or agent has collected from the insured an
2340 amount equal to at least 1 month’s premium. An insurer, agent,
2341 or premium finance company may not, directly or indirectly, take
2342 any action that will result resulting in the insured paying
2343 having paid from the insured’s own funds an amount less than the
2344 1 month’s premium required by this subsection. This subsection
2345 applies regardless of without regard to whether the premium is
2346 financed by a premium finance company or is paid pursuant to a
2347 periodic payment plan of an insurer or an insurance agent.
2348 (a) This subsection does not apply:
2349 1. If an insured or member of the insured’s family is
2350 renewing or replacing a policy or a binder for such policy
2351 written by the same insurer or a member of the same insurer
2352 group. This subsection does not apply
2353 2. To an insurer that issues private passenger motor
2354 vehicle coverage primarily to active duty or former military
2355 personnel or their dependents. This subsection does not apply
2356 3. If all policy payments are paid pursuant to a payroll
2357 deduction plan, an automatic electronic funds transfer payment
2358 plan from the policyholder, or a recurring credit card or debit
2359 card agreement with the insurer.
2360 (b) This subsection and subsection (4) do not apply if:
2361 1. All policy payments to an insurer are paid pursuant to
2362 an automatic electronic funds transfer payment plan from an
2363 agent, a managing general agent, or a premium finance company
2364 and if the policy includes, at a minimum, bodily injury
2365 liability coverage and personal injury protection pursuant to
2366 ss. 627.730-627.7405; motor vehicle property damage liability
2367 coverage under pursuant to s. 627.7275; or and bodily injury
2368 liability in at least the amount of $10,000 because of bodily
2369 injury to, or death of, one person in any one accident and in
2370 the amount of $20,000 because of bodily injury to, or death of,
2371 two or more persons in any one accident. This subsection and
2372 subsection (4) do not apply if
2373 2. An insured has had a policy in effect for at least 6
2374 months, the insured’s agent is terminated by the insurer that
2375 issued the policy, and the insured obtains coverage on the
2376 policy’s renewal date with a new company through the terminated
2377 agent.
2378 Section 49. Section 627.7415, Florida Statutes, is amended
2379 to read:
2380 627.7415 Commercial motor vehicles; additional liability
2381 insurance coverage.—Beginning July 1, 2026, commercial motor
2382 vehicles, as defined in s. 207.002 or s. 320.01, operated upon
2383 the roads and highways of this state must shall be insured with
2384 the following minimum levels of combined bodily liability
2385 insurance and property damage liability insurance in addition to
2386 any other insurance requirements:
2387 (1) Sixty Fifty thousand dollars per occurrence for a
2388 commercial motor vehicle with a gross vehicle weight of 26,000
2389 pounds or more, but less than 35,000 pounds.
2390 (2) One hundred twenty thousand dollars per occurrence for
2391 a commercial motor vehicle with a gross vehicle weight of 35,000
2392 pounds or more, but less than 44,000 pounds.
2393 (3) Three hundred thousand dollars per occurrence for a
2394 commercial motor vehicle with a gross vehicle weight of 44,000
2395 pounds or more.
2396 (4) All commercial motor vehicles subject to regulations of
2397 the United States Department of Transportation, 49 C.F.R. part
2398 387, subparts A and B, and as may be hereinafter amended, shall
2399 be insured in an amount equivalent to the minimum levels of
2400 financial responsibility as set forth in such regulations.
2401
2402 A violation of this section is a noncriminal traffic infraction,
2403 punishable as a nonmoving violation as provided in chapter 318.
2404 Section 50. Subsections (1) and (3) of section 627.747,
2405 Florida Statutes, are amended to read:
2406 627.747 Named driver exclusion.—
2407 (1) A private passenger motor vehicle policy may exclude
2408 the following coverages for all claims or suits resulting from
2409 the operation of a motor vehicle by an identified individual who
2410 is not a named insured, provided the identified individual is
2411 named on the declarations page or by endorsement and the named
2412 insured consents in writing to such exclusion:
2413 (a) Notwithstanding the Florida Motor Vehicle No-Fault Law,
2414 the personal injury protection coverage specifically applicable
2415 to the identified individual’s injuries, lost wages, and death
2416 benefits.
2417 (b) Property damage liability coverage.
2418 (b)(c) Bodily injury liability coverage, if required by law
2419 and purchased by the named insured.
2420 (c)(d) Uninsured motorist coverage for any damages
2421 sustained by the identified excluded individual, if the named
2422 insured has purchased such coverage.
2423 (d)(e) Any coverage the named insured is not required by
2424 law to purchase.
2425 (3) A driver excluded pursuant to this section must:
2426 (a) establish, maintain, and show proof of financial
2427 ability to respond for damages arising out of the ownership,
2428 maintenance, or use of a motor vehicle as required by chapter
2429 324; and
2430 (b) Maintain security as required by s. 627.733.
2431 Section 51. Paragraphs (b), (c), and (g) of subsection (7),
2432 paragraphs (a) and (b) of subsection (8), and paragraph (b) of
2433 subsection (16) of section 627.748, Florida Statutes, are
2434 amended to read:
2435 627.748 Transportation network companies.—
2436 (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE
2437 REQUIREMENTS.—
2438 (b) The following automobile insurance requirements apply
2439 while a participating TNC driver is logged on to the digital
2440 network but is not engaged in a prearranged ride:
2441 1. Automobile insurance that provides:
2442 a. A primary automobile liability coverage of at least
2443 $50,000 for death and bodily injury per person, $100,000 for
2444 death and bodily injury per incident, and $25,000 for property
2445 damage; and
2446 b. Personal injury protection benefits that meet the
2447 minimum coverage amounts required under ss. 627.730-627.7405;
2448 and
2449 c. Uninsured and underinsured vehicle coverage as required
2450 by s. 627.727.
2451 2. The coverage requirements of this paragraph may be
2452 satisfied by any of the following:
2453 a. Automobile insurance maintained by the TNC driver or the
2454 TNC vehicle owner;
2455 b. Automobile insurance maintained by the TNC; or
2456 c. A combination of sub-subparagraphs a. and b.
2457 (c)1. The TNC driver while following automobile insurance
2458 requirements apply while a TNC driver is engaged in a
2459 prearranged ride must maintain:
2460 1. automobile insurance that provides:
2461 a. A Primary automobile liability coverage of at least $1
2462 million for death, bodily injury, and property damage; and
2463 b. Personal injury protection benefits that meet the
2464 minimum coverage amounts required of a limousine under ss.
2465 627.730-627.7405; and
2466 c. Uninsured and underinsured vehicle coverage as required
2467 by s. 627.727.
2468 2. The coverage requirements of this paragraph may be
2469 satisfied by any of the following:
2470 a. Automobile insurance maintained by the TNC driver or the
2471 TNC vehicle owner;
2472 b. Automobile insurance maintained by the TNC; or
2473 c. A combination of sub-subparagraphs a. and b.
2474 (g) Insurance satisfying the requirements under this
2475 subsection is deemed to satisfy the financial responsibility
2476 requirement for a motor vehicle under chapter 324 and the
2477 security required under s. 627.733 for any period when the TNC
2478 driver is logged onto the digital network or engaged in a
2479 prearranged ride.
2480 (8) TRANSPORTATION NETWORK COMPANY AND INSURER; DISCLOSURE;
2481 EXCLUSIONS.—
2482 (a) Before a TNC driver is allowed to accept a request for
2483 a prearranged ride on the digital network, the TNC must disclose
2484 in writing to the TNC driver:
2485 1. The insurance coverage, including the types of coverage
2486 and the limits for each coverage, which the TNC provides while
2487 the TNC driver uses a TNC vehicle in connection with the TNC’s
2488 digital network.
2489 2. That the TNC driver’s own automobile insurance policy
2490 might not provide any coverage while the TNC driver is logged on
2491 to the digital network or is engaged in a prearranged ride,
2492 depending on the terms of the TNC driver’s own automobile
2493 insurance policy.
2494 3. That the provision of rides for compensation which are
2495 not prearranged rides subjects the driver to the coverage
2496 requirements imposed under s. 324.032(1) and (2) and that
2497 failure to meet such coverage requirements subjects the TNC
2498 driver to penalties provided in s. 324.221, up to and including
2499 a misdemeanor of the second degree.
2500 (b)1. An insurer that provides an automobile liability
2501 insurance policy under this part may exclude any and all
2502 coverage afforded under the policy issued to an owner or
2503 operator of a TNC vehicle while driving that vehicle for any
2504 loss or injury that occurs while a TNC driver is logged on to a
2505 digital network or while a TNC driver provides a prearranged
2506 ride. Exclusions imposed under this subsection are limited to
2507 coverage while a TNC driver is logged on to a digital network or
2508 while a TNC driver provides a prearranged ride. This right to
2509 exclude all coverage may apply to any coverage included in an
2510 automobile insurance policy, including, but not limited to:
2511 a. Liability coverage for bodily injury and property
2512 damage;
2513 b. Uninsured and underinsured motorist coverage;
2514 c. Medical payments coverage;
2515 d. Comprehensive physical damage coverage; and
2516 e. Collision physical damage coverage; and
2517 f. Personal injury protection.
2518 2. The exclusions described in subparagraph 1. apply
2519 notwithstanding any requirement under chapter 324. These
2520 exclusions do not affect or diminish coverage otherwise
2521 available for permissive drivers or resident relatives under the
2522 personal automobile insurance policy of the TNC driver or owner
2523 of the TNC vehicle who are not occupying the TNC vehicle at the
2524 time of loss. This section does not require that a personal
2525 automobile insurance policy provide coverage while the TNC
2526 driver is logged on to a digital network, while the TNC driver
2527 is engaged in a prearranged ride, or while the TNC driver
2528 otherwise uses a vehicle to transport riders for compensation.
2529 3. This section must not be construed to require an insurer
2530 to use any particular policy language or reference to this
2531 section in order to exclude any and all coverage for any loss or
2532 injury that occurs while a TNC driver is logged on to a digital
2533 network or while a TNC driver provides a prearranged ride.
2534 4. This section does not preclude an insurer from providing
2535 primary or excess coverage for the TNC driver’s vehicle by
2536 contract or endorsement.
2537 (16) LUXURY GROUND TRANSPORTATION NETWORK COMPANIES.—
2538 (b) An entity may elect, upon written notification to the
2539 department, to be regulated as a luxury ground TNC. A luxury
2540 ground TNC must:
2541 1. Comply with all of the requirements of this section
2542 applicable to a TNC, including subsection (17), which do not
2543 conflict with subparagraph 2. or which do not prohibit the
2544 company from connecting riders to drivers who operate for-hire
2545 vehicles as defined in s. 320.01(15), including limousines and
2546 luxury sedans and excluding taxicabs.
2547 2. Maintain insurance coverage as required by subsection
2548 (7). However, if a prospective luxury ground TNC satisfies
2549 minimum financial responsibility through compliance with s.
2550 324.032(3) s. 324.032(2) by using self-insurance when it gives
2551 the department written notification of its election to be
2552 regulated as a luxury ground TNC, the luxury ground TNC may use
2553 self-insurance to meet the insurance requirements of subsection
2554 (7), so long as such self-insurance complies with s. 324.032(3)
2555 s. 324.032(2) and provides the limits of liability required by
2556 subsection (7).
2557 Section 52. Subsection (2) and paragraphs (a) and (c) of
2558 subsection (3) of section 627.7483, Florida Statutes, are
2559 amended to read:
2560 627.7483 Peer-to-peer car sharing; insurance requirements.—
2561 (2) INSURANCE COVERAGE REQUIREMENTS.—
2562 (a)1. A peer-to-peer car-sharing program shall ensure that,
2563 during each car-sharing period, the shared vehicle owner and the
2564 shared vehicle driver are insured under a motor vehicle
2565 insurance policy that provides all of the following:
2566 a. Property damage liability coverage and bodily injury
2567 liability coverage that meet or exceed meets the minimum
2568 coverage amounts required under s. 324.022.
2569 b. Bodily injury liability coverage limits as described in
2570 s. 324.021(7)(a) and (b).
2571 c. Personal injury protection benefits that meet the
2572 minimum coverage amounts required under s. 627.736.
2573 d. Uninsured and underinsured vehicle coverage as required
2574 under s. 627.727.
2575 2. The peer-to-peer car-sharing program shall also ensure
2576 that the motor vehicle insurance policy under subparagraph 1.:
2577 a. Recognizes that the shared vehicle insured under the
2578 policy is made available and used through a peer-to-peer car
2579 sharing program; or
2580 b. Does not exclude the use of a shared vehicle by a shared
2581 vehicle driver.
2582 (b)1. The insurance described under paragraph (a) may be
2583 satisfied by a motor vehicle insurance policy maintained by:
2584 a. A shared vehicle owner;
2585 b. A shared vehicle driver;
2586 c. A peer-to-peer car-sharing program; or
2587 d. A combination of a shared vehicle owner, a shared
2588 vehicle driver, and a peer-to-peer car-sharing program.
2589 2. The insurance policy maintained in subparagraph 1. which
2590 satisfies the insurance requirements under paragraph (a) is
2591 primary during each car-sharing period. If a claim occurs during
2592 the car-sharing period in another state with minimum financial
2593 responsibility limits higher than those limits required under
2594 chapter 324, the coverage maintained under paragraph (a)
2595 satisfies the difference in minimum coverage amounts up to the
2596 applicable policy limits.
2597 3.a. If the insurance maintained by a shared vehicle owner
2598 or shared vehicle driver in accordance with subparagraph 1. has
2599 lapsed or does not provide the coverage required under paragraph
2600 (a), the insurance maintained by the peer-to-peer car-sharing
2601 program must provide the coverage required under paragraph (a),
2602 beginning with the first dollar of a claim, and must defend such
2603 claim, except under circumstances as set forth in subparagraph
2604 (3)(a)2.
2605 b. Coverage under a motor vehicle insurance policy
2606 maintained by the peer-to-peer car-sharing program must not be
2607 dependent on another motor vehicle insurer first denying a
2608 claim, and another motor vehicle insurance policy is not
2609 required to first deny a claim.
2610 c. Notwithstanding any other law, statute, rule, or
2611 regulation to the contrary, a peer-to-peer car-sharing program
2612 has an insurable interest in a shared vehicle during the car
2613 sharing period. This sub-subparagraph does not create liability
2614 for a peer-to-peer car-sharing program for maintaining the
2615 coverage required under paragraph (a) and under this paragraph,
2616 if applicable.
2617 d. A peer-to-peer car-sharing program may own and maintain
2618 as the named insured one or more policies of motor vehicle
2619 insurance which provide coverage for:
2620 (I) Liabilities assumed by the peer-to-peer car-sharing
2621 program under a peer–to–peer car-sharing program agreement;
2622 (II) Liability of the shared vehicle owner;
2623 (III) Liability of the shared vehicle driver;
2624 (IV) Damage or loss to the shared motor vehicle; or
2625 (V) Damage, loss, or injury to persons or property to
2626 satisfy the personal injury protection and uninsured and
2627 underinsured motorist coverage requirements of this section.
2628 e. Insurance required under paragraph (a), when maintained
2629 by a peer-to-peer car-sharing program, may be provided by an
2630 insurer authorized to do business in this state which is a
2631 member of the Florida Insurance Guaranty Association or an
2632 eligible surplus lines insurer that has a superior, excellent,
2633 exceptional, or equivalent financial strength rating by a rating
2634 agency acceptable to the office. A peer-to-peer car-sharing
2635 program is not transacting in insurance when it maintains the
2636 insurance required under this section.
2637 (3) LIABILITIES AND INSURANCE EXCLUSIONS.—
2638 (a) Liability.—
2639 1. A peer-to-peer car-sharing program shall assume
2640 liability, except as provided in subparagraph 2., of a shared
2641 vehicle owner for bodily injury or property damage to third
2642 parties or uninsured and underinsured motorist or personal
2643 injury protection losses during the car-sharing period in an
2644 amount stated in the peer-to-peer car-sharing program agreement,
2645 which amount may not be less than those set forth in ss. 324.022
2646 and 627.727 ss. 324.021(7)(a) and (b), 324.022, 627.727, and
2647 627.736, respectively.
2648 2. The assumption of liability under subparagraph 1. does
2649 not apply if a shared vehicle owner:
2650 a. Makes an intentional or fraudulent material
2651 misrepresentation or omission to the peer-to-peer car-sharing
2652 program before the car-sharing period in which the loss occurs;
2653 or
2654 b. Acts in concert with a shared vehicle driver who fails
2655 to return the shared vehicle pursuant to the terms of the peer
2656 to-peer car-sharing program agreement.
2657 3. The insurer, insurers, or peer-to-peer car-sharing
2658 program providing coverage under paragraph (2)(a) shall assume
2659 primary liability for a claim when:
2660 a. A dispute exists over who was in control of the shared
2661 motor vehicle at the time of the loss, and the peer-to-peer car
2662 sharing program does not have available, did not retain, or
2663 fails to provide the information required under subsection (5);
2664 or
2665 b. A dispute exists over whether the shared vehicle was
2666 returned to the alternatively agreed-upon location as required
2667 under subparagraph (1)(d)2.
2668 (c) Exclusions in motor vehicle insurance policies.—An
2669 authorized insurer that writes motor vehicle liability insurance
2670 in this state may exclude any coverage and the duty to defend or
2671 indemnify for any claim under a shared vehicle owner’s motor
2672 vehicle insurance policy, including, but not limited to:
2673 1. Liability coverage for bodily injury and property
2674 damage;
2675 2. Personal injury protection coverage;
2676 3. Uninsured and underinsured motorist coverage;
2677 3.4. Medical payments coverage;
2678 4.5. Comprehensive physical damage coverage; and
2679 5.6. Collision physical damage coverage.
2680
2681 This paragraph does not invalidate or limit any exclusion
2682 contained in a motor vehicle insurance policy, including any
2683 insurance policy in use or approved for use which excludes
2684 coverage for motor vehicles made available for rent, sharing, or
2685 hire or for any business use. This paragraph does not
2686 invalidate, limit, or restrict an insurer’s ability under
2687 existing law to underwrite, cancel, or nonrenew any insurance
2688 policy.
2689 Section 53. Paragraph (a) of subsection (2) of section
2690 627.749, Florida Statutes, is amended to read:
2691 627.749 Autonomous vehicles; insurance requirements.—
2692 (2) INSURANCE REQUIREMENTS.—
2693 (a) A fully autonomous vehicle with the automated driving
2694 system engaged while logged on to an on-demand autonomous
2695 vehicle network or engaged in a prearranged ride must be covered
2696 by a policy of automobile insurance which provides:
2697 1. Primary liability coverage of at least $1 million for
2698 death, bodily injury, and property damage.
2699 2. Personal injury protection benefits that meet the
2700 minimum coverage amounts required under ss. 627.730-627.7405.
2701 3. Uninsured and underinsured vehicle coverage as required
2702 under by s. 627.727.
2703 Section 54. Section 627.8405, Florida Statutes, is amended
2704 to read:
2705 627.8405 Prohibited acts; financing companies.—A No premium
2706 finance company shall, in a premium finance agreement or other
2707 agreement, may not finance the cost of or otherwise provide for
2708 the collection or remittance of dues, assessments, fees, or
2709 other periodic payments of money for the cost of:
2710 (1) A membership in an automobile club. The term
2711 “automobile club” means a legal entity that which, in
2712 consideration of dues, assessments, or periodic payments of
2713 money, promises its members or subscribers to assist them in
2714 matters relating to the ownership, operation, use, or
2715 maintenance of a motor vehicle; however, the term this
2716 definition of “automobile club” does not include persons,
2717 associations, or corporations which are organized and operated
2718 solely for the purpose of conducting, sponsoring, or sanctioning
2719 motor vehicle races, exhibitions, or contests upon racetracks,
2720 or upon racecourses established and marked as such for the
2721 duration of such particular events. As used in this subsection,
2722 the term words “motor vehicle” has used herein have the same
2723 meaning as defined in chapter 320.
2724 (2) An accidental death and dismemberment policy sold in
2725 combination with a policy providing only bodily injury liability
2726 coverage personal injury protection and property damage
2727 liability coverage only policy.
2728 (3) Any product not regulated under the provisions of this
2729 insurance code.
2730
2731 This section also applies to premium financing by any insurance
2732 agent or insurance company under part XVI. The commission shall
2733 adopt rules to assure disclosure, at the time of sale, of
2734 coverages financed with personal injury protection and shall
2735 prescribe the form of such disclosure.
2736 Section 55. Subsection (1) of section 627.915, Florida
2737 Statutes, is amended to read:
2738 627.915 Insurer experience reporting.—
2739 (1) Each insurer transacting private passenger motor
2740 vehicle automobile insurance in this state shall report certain
2741 information annually to the office. The information will be due
2742 on or before July 1 of each year. The information must shall be
2743 divided into the following categories: bodily injury liability;
2744 property damage liability; uninsured motorist; personal injury
2745 protection benefits; medical payments; and comprehensive and
2746 collision. The information given must shall be on direct
2747 insurance writings in the state alone and shall represent total
2748 limits data. The information set forth in paragraphs (a)-(f) is
2749 applicable to voluntary private passenger and Joint Underwriting
2750 Association private passenger writings and must shall be
2751 reported for each of the latest 3 calendar-accident years, with
2752 an evaluation date of March 31 of the current year. The
2753 information set forth in paragraphs (g)-(j) is applicable to
2754 voluntary private passenger writings and must shall be reported
2755 on a calendar-accident year basis ultimately seven times at
2756 seven different stages of development.
2757 (a) Premiums earned for the latest 3 calendar-accident
2758 years.
2759 (b) Loss development factors and the historic development
2760 of those factors.
2761 (c) Policyholder dividends incurred.
2762 (d) Expenses for other acquisition and general expense.
2763 (e) Expenses for agents’ commissions and taxes, licenses,
2764 and fees.
2765 (f) Profit and contingency factors as utilized in the
2766 insurer’s automobile rate filings for the applicable years.
2767 (g) Losses paid.
2768 (h) Losses unpaid.
2769 (i) Loss adjustment expenses paid.
2770 (j) Loss adjustment expenses unpaid.
2771 Section 56. Subsections (2) and (3) of section 628.909,
2772 Florida Statutes, are amended to read:
2773 628.909 Applicability of other laws.—
2774 (2) The following provisions of the Florida Insurance Code
2775 apply to captive insurance companies that who are not industrial
2776 insured captive insurance companies to the extent that such
2777 provisions are not inconsistent with this part:
2778 (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
2779 624.40851, 624.4095, 624.411, 624.425, and 624.426.
2780 (b) Chapter 625, part II.
2781 (c) Chapter 626, part IX.
2782 (d) Sections 627.730-627.7405, when no-fault coverage is
2783 provided.
2784 (e) Chapter 628.
2785 (3) The following provisions of the Florida Insurance Code
2786 shall apply to industrial insured captive insurance companies to
2787 the extent that such provisions are not inconsistent with this
2788 part:
2789 (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
2790 624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1).
2791 (b) Chapter 625, part II, if the industrial insured captive
2792 insurance company is incorporated in this state.
2793 (c) Chapter 626, part IX.
2794 (d) Sections 627.730-627.7405 when no-fault coverage is
2795 provided.
2796 (e) Chapter 628, except for ss. 628.341, 628.351, and
2797 628.6018.
2798 Section 57. Subsections (2), (6), and (7) of section
2799 705.184, Florida Statutes, are amended to read:
2800 705.184 Derelict or abandoned motor vehicles on the
2801 premises of public-use airports.—
2802 (2) The airport director or the director’s designee shall
2803 contact the Department of Highway Safety and Motor Vehicles to
2804 notify that department that the airport has possession of the
2805 abandoned or derelict motor vehicle and to determine the name
2806 and address of the owner of the motor vehicle, the insurance
2807 company insuring the motor vehicle, notwithstanding the
2808 provisions of s. 627.736, and any person who has filed a lien on
2809 the motor vehicle. Within 7 business days after receipt of the
2810 information, the director or the director’s designee shall send
2811 notice by certified mail, return receipt requested, to the owner
2812 of the motor vehicle, the insurance company insuring the motor
2813 vehicle, notwithstanding the provisions of s. 627.736, and all
2814 persons of record claiming a lien against the motor vehicle. The
2815 notice must shall state the fact of possession of the motor
2816 vehicle, that charges for reasonable towing, storage, and
2817 parking fees, if any, have accrued and the amount thereof, that
2818 a lien as provided in subsection (6) will be claimed, that the
2819 lien is subject to enforcement pursuant to law, that the owner
2820 or lienholder, if any, has the right to a hearing as set forth
2821 in subsection (4), and that any motor vehicle which, at the end
2822 of 30 calendar days after receipt of the notice, has not been
2823 removed from the airport upon payment in full of all accrued
2824 charges for reasonable towing, storage, and parking fees, if
2825 any, may be disposed of as provided in s. 705.182(2)(a), (b),
2826 (d), or (e), including, but not limited to, the motor vehicle
2827 being sold free of all prior liens after 35 calendar days after
2828 the time the motor vehicle is stored if any prior liens on the
2829 motor vehicle are more than 5 years of age or after 50 calendar
2830 days after the time the motor vehicle is stored if any prior
2831 liens on the motor vehicle are 5 years of age or less.
2832 (6) The airport pursuant to this section or, if used, a
2833 licensed independent wrecker company pursuant to s. 713.78 shall
2834 have a lien on an abandoned or derelict motor vehicle for all
2835 reasonable towing, storage, and accrued parking fees, if any,
2836 except that a no storage fee may not shall be charged if the
2837 motor vehicle is stored less than 6 hours. As a prerequisite to
2838 perfecting a lien under this section, the airport director or
2839 the director’s designee must serve a notice in accordance with
2840 subsection (2) on the owner of the motor vehicle, the insurance
2841 company insuring the motor vehicle, notwithstanding the
2842 provisions of s. 627.736, and all persons of record claiming a
2843 lien against the motor vehicle. If attempts to notify the owner,
2844 the insurance company insuring the motor vehicle,
2845 notwithstanding the provisions of s. 627.736, or lienholders are
2846 not successful, the requirement of notice by mail is shall be
2847 considered met. Serving of the notice does not dispense with
2848 recording the claim of lien.
2849 (7)(a) For the purpose of perfecting its lien under this
2850 section, the airport shall record a claim of lien which states
2851 shall state:
2852 1. The name and address of the airport.
2853 2. The name of the owner of the motor vehicle, the
2854 insurance company insuring the motor vehicle, notwithstanding
2855 the provisions of s. 627.736, and all persons of record claiming
2856 a lien against the motor vehicle.
2857 3. The costs incurred from reasonable towing, storage, and
2858 parking fees, if any.
2859 4. A description of the motor vehicle sufficient for
2860 identification.
2861 (b) The claim of lien must shall be signed and sworn to or
2862 affirmed by the airport director or the director’s designee.
2863 (c) The claim of lien is shall be sufficient if it is in
2864 substantially the following form:
2865
2866 CLAIM OF LIEN
2867 State of ........
2868 County of ........
2869 Before me, the undersigned notary public, personally appeared
2870 ........, who was duly sworn and says that he/she is the
2871 ........ of ............, whose address is........; and that the
2872 following described motor vehicle:
2873 ...(Description of motor vehicle)...
2874 owned by ........, whose address is ........, has accrued
2875 $........ in fees for a reasonable tow, for storage, and for
2876 parking, if applicable; that the lienor served its notice to the
2877 owner, the insurance company insuring the motor vehicle
2878 notwithstanding the provisions of s. 627.736, Florida Statutes,
2879 and all persons of record claiming a lien against the motor
2880 vehicle on ...., ...(year)..., by.........
2881 ...(Signature)...
2882 Sworn to (or affirmed) and subscribed before me this .... day of
2883 ...., ...(year)..., by ...(name of person making statement)....
2884 ...(Signature of Notary Public)... ...(Print, Type, or Stamp
2885 Commissioned name of Notary Public)...
2886 Personally Known....OR Produced....as identification.
2887
2888 However, the negligent inclusion or omission of any information
2889 in this claim of lien which does not prejudice the owner does
2890 not constitute a default that operates to defeat an otherwise
2891 valid lien.
2892 (d) The claim of lien must shall be served on the owner of
2893 the motor vehicle, the insurance company insuring the motor
2894 vehicle, notwithstanding the provisions of s. 627.736, and all
2895 persons of record claiming a lien against the motor vehicle. If
2896 attempts to notify the owner, the insurance company insuring the
2897 motor vehicle notwithstanding the provisions of s. 627.736, or
2898 lienholders are not successful, the requirement of notice by
2899 mail is shall be considered met. The claim of lien must shall be
2900 so served before recordation.
2901 (e) The claim of lien must shall be recorded with the clerk
2902 of court in the county where the airport is located. The
2903 recording of the claim of lien is shall be constructive notice
2904 to all persons of the contents and effect of such claim. The
2905 lien attaches shall attach at the time of recordation and takes
2906 shall take priority as of that time.
2907 Section 58. Paragraphs (a), (b), and (c) of subsection (4)
2908 of section 713.78, Florida Statutes, are amended to read:
2909 713.78 Liens for recovering, towing, or storing vehicles
2910 and vessels.—
2911 (4)(a) A towing-storage operator who comes into possession
2912 of a vehicle or vessel pursuant to paragraph (2)(b), and who
2913 claims a lien for recovery, towing, or storage services, must
2914 give notice, by certified mail, pursuant to subsection (16), to
2915 the registered owner, the insurance company insuring the vehicle
2916 or vessel notwithstanding s. 627.736, and all persons claiming a
2917 lien thereon, as disclosed by the records in the Department of
2918 Highway Safety and Motor Vehicles or as disclosed by the records
2919 of any corresponding agency in any other state in which the
2920 vehicle or vessel is identified through a records check of the
2921 National Motor Vehicle Title Information System or an equivalent
2922 commercially available system as being titled or registered.
2923 (b) When a law enforcement agency, county, or municipality
2924 authorizes the removal of a vehicle or vessel, or a towing
2925 service, garage, repair shop, or automotive service, storage, or
2926 parking place notifies a law enforcement agency of possession of
2927 a vehicle or vessel pursuant to s. 715.07(2)(a)2., if an
2928 approved third-party service cannot obtain the vehicle’s or
2929 vessel’s owner, lienholder, and insurer information or last
2930 state of record pursuant to subsection (16), then the person in
2931 charge of the towing service, garage, repair shop, or automotive
2932 service, storage, or parking place must request such information
2933 from the law enforcement agency of the jurisdiction where the
2934 vehicle or vessel is stored. The law enforcement agency to which
2935 the request was made must contact the Department of Highway
2936 Safety and Motor Vehicles, or the appropriate agency of the
2937 state of registration, if known, within 24 hours through the
2938 medium of electronic communications, giving the full description
2939 of the vehicle or vessel. Upon receipt of the full description
2940 of the vehicle or vessel, the department must search its files
2941 to determine the owner’s name, the insurance company insuring
2942 the vehicle or vessel, and whether any person has filed a lien
2943 upon the vehicle or vessel as provided in s. 319.27(2) and (3)
2944 and notify the applicable law enforcement agency within 72
2945 hours. The person in charge of the towing service, garage,
2946 repair shop, or automotive service, storage, or parking place
2947 must request such information from the applicable law
2948 enforcement agency within 5 days after the date of storage and
2949 must provide the information to the approved third-party service
2950 in order to transmit notices as required under subsection (16).
2951 The department may release the insurance company information to
2952 the requestor notwithstanding s. 627.736.
2953 (c) The notice of lien must be sent by an approved third
2954 party service by certified mail to the registered owner, the
2955 insurance company insuring the vehicle notwithstanding s.
2956 627.736, and all other persons claiming a lien thereon within 5
2957 business days, excluding a Saturday, Sunday, or federal legal
2958 holiday, after the date of storage of the vehicle or vessel. The
2959 notice must state all of the following:
2960 1. If the claim of lien is for a vehicle, the last 8 digits
2961 of the vehicle identification number of the vehicle subject to
2962 the lien, or, if the claim of lien is for a vessel, the hull
2963 identification number of the vessel subject to the lien, clearly
2964 printed in the delivery address box and on the outside of the
2965 envelope sent to the registered owner and all other persons
2966 claiming an interest in or lien on the vehicle or vessel.
2967 2. The name, physical address, and telephone number of the
2968 lienor, and the entity name, as registered with the Division of
2969 Corporations, of the business where the towing and storage
2970 occurred, which must also appear on the outside of the envelope
2971 sent to the registered owner and all other persons claiming an
2972 interest in or lien on the vehicle or vessel.
2973 3. The fact of possession of the vehicle or vessel.
2974 4. The name of the person or entity that authorized the
2975 lienor to take possession of the vehicle or vessel.
2976 5. That a lien as provided in paragraph (2)(b) is claimed.
2977 6. That charges have accrued and include an itemized
2978 statement of the amount thereof.
2979 7. That the lien is subject to enforcement under law and
2980 that the owner or lienholder, if any, has the right to initiate
2981 judicial proceedings as set forth in subsection (5).
2982 8. That any vehicle or vessel that remains unclaimed, or
2983 for which the charges for recovery, towing, or storage services
2984 remain unpaid, may be sold free of all prior liens 35 days after
2985 the vehicle or vessel is stored by the lienor if the vehicle or
2986 vessel is an older model or 57 days after the vehicle or vessel
2987 is stored by the lienor if the vehicle or vessel is a newer
2988 model.
2989 9. The address at which the vehicle or vessel is physically
2990 located.
2991 Section 59. Paragraph (a) of subsection (1), paragraph (c)
2992 of subsection (7), paragraphs (a), (b), and (c) of subsection
2993 (8), and subsections (9) and (10) of section 817.234, Florida
2994 Statutes, are amended to read:
2995 817.234 False and fraudulent insurance claims.—
2996 (1)(a) A person commits insurance fraud punishable as
2997 provided in subsection (11) if that person, with the intent to
2998 injure, defraud, or deceive any insurer:
2999 1. Presents or causes to be presented any written or oral
3000 statement as part of, or in support of, a claim for payment or
3001 other benefit pursuant to an insurance policy or a health
3002 maintenance organization subscriber or provider contract,
3003 knowing that such statement contains any false, incomplete, or
3004 misleading information concerning any fact or thing material to
3005 such claim;
3006 2. Prepares or makes any written or oral statement that is
3007 intended to be presented to an any insurer in connection with,
3008 or in support of, any claim for payment or other benefit
3009 pursuant to an insurance policy or a health maintenance
3010 organization subscriber or provider contract, knowing that such
3011 statement contains any false, incomplete, or misleading
3012 information concerning any fact or thing material to such claim;
3013 3.a. Knowingly presents, causes to be presented, or
3014 prepares or makes with knowledge or belief that it will be
3015 presented to an any insurer, a purported insurer, a servicing
3016 corporation, an insurance broker, or an insurance agent, or any
3017 employee or agent thereof, any false, incomplete, or misleading
3018 information or a written or oral statement as part of, or in
3019 support of, an application for the issuance of, or the rating
3020 of, any insurance policy, or a health maintenance organization
3021 subscriber or provider contract; or
3022 b. Knowingly conceals information concerning any fact
3023 material to such application; or
3024 4. Knowingly presents, causes to be presented, or prepares
3025 or makes with knowledge or belief that it will be presented to
3026 any insurer a claim for payment or other benefit under medical
3027 payments coverage in a motor vehicle a personal injury
3028 protection insurance policy if the person knows that the payee
3029 knowingly submitted a false, misleading, or fraudulent
3030 application or other document when applying for licensure as a
3031 health care clinic, seeking an exemption from licensure as a
3032 health care clinic, or demonstrating compliance with part X of
3033 chapter 400.
3034 (7)
3035 (c) An insurer, or any person acting at the direction of or
3036 on behalf of an insurer, may not change an opinion in a mental
3037 or physical report prepared under s. 627.736(7) or direct the
3038 physician preparing the report to change such opinion; however,
3039 this provision does not preclude the insurer from calling to the
3040 attention of the physician errors of fact in the report based
3041 upon information in the claim file. Any person who violates this
3042 paragraph commits a felony of the third degree, punishable as
3043 provided in s. 775.082, s. 775.083, or s. 775.084.
3044 (8)(a) It is unlawful for any person intending to defraud
3045 any other person to solicit or cause to be solicited any
3046 business from a person involved in a motor vehicle accident for
3047 the purpose of making, adjusting, or settling motor vehicle tort
3048 claims or claims for benefits under medical payments coverage in
3049 a motor vehicle insurance policy. A personal injury protection
3050 benefits required by s. 627.736. Any person who violates the
3051 provisions of this paragraph commits a felony of the second
3052 degree, punishable as provided in s. 775.082, s. 775.083, or s.
3053 775.084. A person who is convicted of a violation of this
3054 subsection must shall be sentenced to a minimum term of
3055 imprisonment of 2 years.
3056 (b) A person may not solicit or cause to be solicited any
3057 business from a person involved in a motor vehicle accident by
3058 any means of communication other than advertising directed to
3059 the public for the purpose of making motor vehicle tort claims
3060 or claims for benefits under medical payments coverage in a
3061 motor vehicle insurance policy personal injury protection
3062 benefits required by s. 627.736, within 60 days after the
3063 occurrence of the motor vehicle accident. A Any person who
3064 violates this paragraph commits a felony of the third degree,
3065 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
3066 (c) A lawyer, health care practitioner as defined in s.
3067 456.001, or owner or medical director of a clinic required to be
3068 licensed pursuant to s. 400.9905 may not, at any time after 60
3069 days have elapsed from the occurrence of a motor vehicle
3070 accident, solicit or cause to be solicited any business from a
3071 person involved in a motor vehicle accident by means of in
3072 person or telephone contact at the person’s residence, for the
3073 purpose of making motor vehicle tort claims or claims for
3074 benefits under medical payments coverage in a motor vehicle
3075 insurance policy. A personal injury protection benefits required
3076 by s. 627.736. Any person who violates this paragraph commits a
3077 felony of the third degree, punishable as provided in s.
3078 775.082, s. 775.083, or s. 775.084.
3079 (9) A person may not organize, plan, or knowingly
3080 participate in an intentional motor vehicle crash or a scheme to
3081 create documentation of a motor vehicle crash that did not occur
3082 for the purpose of making motor vehicle tort claims or claims
3083 for benefits under medical payments coverage in a motor vehicle
3084 insurance policy. A personal injury protection benefits as
3085 required by s. 627.736. Any person who violates this subsection
3086 commits a felony of the second degree, punishable as provided in
3087 s. 775.082, s. 775.083, or s. 775.084. A person who is convicted
3088 of a violation of this subsection must shall be sentenced to a
3089 minimum term of imprisonment of 2 years.
3090 (10) A licensed health care practitioner who is found
3091 guilty of insurance fraud under this section for an act relating
3092 to a motor vehicle personal injury protection insurance policy
3093 must lose loses his or her license to practice for 5 years and
3094 may not receive reimbursement under medical payments coverage in
3095 a motor vehicle insurance policy for personal injury protection
3096 benefits for 10 years from the date that his or her license is
3097 suspended.
3098 Section 60. For the 2025-2026 fiscal year, the sum of
3099 $83,651 in nonrecurring funds is appropriated from the Insurance
3100 Regulatory Trust Fund to the Office of Insurance Regulation for
3101 the purpose of implementing this act. This section shall take
3102 effect July 1, 2025.
3103 Section 61. Except as otherwise expressly provided in this
3104 act and except for this section, which shall take effect upon
3105 this act becoming a law, this act shall take effect July 1,
3106 2026.