Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 150
       
       
       
       
       
       
                                Ì3712485Î371248                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  02/28/2018           .                                
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       Appropriations Subcommittee on Health and Human Services
       (Passidomo) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Sections 627.730, 627.731, 627.7311, 627.732,
    6  627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,
    7  and 627.7405, Florida Statutes, which comprise the Florida Motor
    8  Vehicle No-Fault Law, are repealed.
    9         Section 2. Section 627.7407, Florida Statutes, is repealed.
   10         Section 3. Subsection (1) of section 316.646, Florida
   11  Statutes, is amended to read:
   12         316.646 Security required; proof of security and display
   13  thereof.—
   14         (1) Any person required by s. 324.022 to maintain liability
   15  security for property damage, liability security, required by s.
   16  324.023 to maintain liability security for bodily injury, or
   17  death, or required by s. 627.733 to maintain personal injury
   18  protection security on a motor vehicle shall have in his or her
   19  immediate possession at all times while operating such motor
   20  vehicle proper proof of maintenance of the required security
   21  required under s. 324.021(7).
   22         (a) Such proof must shall be in a uniform paper or
   23  electronic format, as prescribed by the department, a valid
   24  insurance policy, an insurance policy binder, a certificate of
   25  insurance, or such other proof as may be prescribed by the
   26  department.
   27         (b)1. The act of presenting to a law enforcement officer an
   28  electronic device displaying proof of insurance in an electronic
   29  format does not constitute consent for the officer to access any
   30  information on the device other than the displayed proof of
   31  insurance.
   32         2. The person who presents the device to the officer
   33  assumes the liability for any resulting damage to the device.
   34         Section 4. Paragraph (b) of subsection (2) of section
   35  318.18, Florida Statutes, is amended to read:
   36         318.18 Amount of penalties.—The penalties required for a
   37  noncriminal disposition pursuant to s. 318.14 or a criminal
   38  offense listed in s. 318.17 are as follows:
   39         (2) Thirty dollars for all nonmoving traffic violations
   40  and:
   41         (b) For all violations of ss. 320.0605, 320.07(1), 322.065,
   42  and 322.15(1). A Any person who is cited for a violation of s.
   43  320.07(1) shall be charged a delinquent fee pursuant to s.
   44  320.07(4).
   45         1. If a person who is cited for a violation of s. 320.0605
   46  or s. 320.07 can show proof of having a valid registration at
   47  the time of arrest, the clerk of the court may dismiss the case
   48  and may assess a dismissal fee of up to $10. A person who finds
   49  it impossible or impractical to obtain a valid registration
   50  certificate must submit an affidavit detailing the reasons for
   51  the impossibility or impracticality. The reasons may include,
   52  but are not limited to, the fact that the vehicle was sold,
   53  stolen, or destroyed; that the state in which the vehicle is
   54  registered does not issue a certificate of registration; or that
   55  the vehicle is owned by another person.
   56         2. If a person who is cited for a violation of s. 322.03,
   57  s. 322.065, or s. 322.15 can show a driver license issued to him
   58  or her and valid at the time of arrest, the clerk of the court
   59  may dismiss the case and may assess a dismissal fee of up to
   60  $10.
   61         3. If a person who is cited for a violation of s. 316.646
   62  can show proof of security as required by s. 324.021(7) s.
   63  627.733, issued to the person and valid at the time of arrest,
   64  the clerk of the court may dismiss the case and may assess a
   65  dismissal fee of up to $10. A person who finds it impossible or
   66  impractical to obtain proof of security must submit an affidavit
   67  detailing the reasons for the impracticality. The reasons may
   68  include, but are not limited to, the fact that the vehicle has
   69  since been sold, stolen, or destroyed; that the owner or
   70  registrant of the vehicle is not required by s. 627.733 to
   71  maintain personal injury protection insurance; or that the
   72  vehicle is owned by another person.
   73         Section 5. Paragraphs (a) and (d) of subsection (5) of
   74  section 320.02, Florida Statutes, are amended to read:
   75         320.02 Registration required; application for registration;
   76  forms.—
   77         (5)(a) Proof that bodily injury liability coverage and
   78  property damage liability coverage personal injury protection
   79  benefits have been purchased if required under s. 324.022, s.
   80  324.032, or s. 627.742 s. 627.733, that property damage
   81  liability coverage has been purchased as required under s.
   82  324.022, that bodily injury liability or death coverage has been
   83  purchased if required under s. 324.023, and that combined bodily
   84  liability insurance and property damage liability insurance have
   85  been purchased if required under s. 627.7415 must shall be
   86  provided in the manner prescribed by law by the applicant at the
   87  time of application for registration of any motor vehicle that
   88  is subject to such requirements. The issuing agent may not shall
   89  refuse to issue registration if such proof of purchase is not
   90  provided. Insurers shall furnish uniform proof-of-purchase cards
   91  in a paper or electronic format in a form prescribed by the
   92  department and include the name of the insured’s insurance
   93  company, the coverage identification number, and the make, year,
   94  and vehicle identification number of the vehicle insured. The
   95  card must contain a statement notifying the applicant of the
   96  penalty specified under s. 316.646(4). The card or insurance
   97  policy, insurance policy binder, or certificate of insurance or
   98  a photocopy of any of these; an affidavit containing the name of
   99  the insured’s insurance company, the insured’s policy number,
  100  and the make and year of the vehicle insured; or such other
  101  proof as may be prescribed by the department constitutes shall
  102  constitute sufficient proof of purchase. If an affidavit is
  103  provided as proof, it must be in substantially the following
  104  form:
  105  
  106  Under penalty of perjury, I ...(Name of insured)... do hereby
  107  certify that I have ...(bodily injury liability and Personal
  108  Injury Protection, property damage liability coverage, and, if
  109  required, Bodily Injury Liability)... Insurance currently in
  110  effect with ...(Name of insurance company)... under ...(policy
  111  number)... covering ...(make, year, and vehicle identification
  112  number of vehicle).... ...(Signature of Insured)...
  113  
  114  Such affidavit must include the following warning:
  115  
  116  WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
  117  REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
  118  LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
  119  SUBJECT TO PROSECUTION.
  120  
  121  If an application is made through a licensed motor vehicle
  122  dealer as required under s. 319.23, the original or a photocopy
  123  photostatic copy of such card, insurance policy, insurance
  124  policy binder, or certificate of insurance or the original
  125  affidavit from the insured must shall be forwarded by the dealer
  126  to the tax collector of the county or the Department of Highway
  127  Safety and Motor Vehicles for processing. By executing the
  128  aforesaid affidavit, a no licensed motor vehicle dealer is not
  129  will be liable in damages for any inadequacy, insufficiency, or
  130  falsification of any statement contained therein. A card must
  131  also indicate the existence of any bodily injury liability
  132  insurance voluntarily purchased.
  133         (d) The verifying of proof of personal injury protection
  134  insurance, proof of property damage liability insurance, proof
  135  of combined bodily liability insurance and property damage
  136  liability insurance, or proof of financial responsibility
  137  insurance and the issuance or failure to issue the motor vehicle
  138  registration under the provisions of this chapter may not be
  139  construed in any court as a warranty of the reliability or
  140  accuracy of the evidence of such proof, or that the provisions
  141  of any insurance policy furnished as proof of financial
  142  responsibility comply with state law. Neither The department or
  143  nor any tax collector is not liable in damages for any
  144  inadequacy, insufficiency, falsification, or unauthorized
  145  modification of any item of the proof of personal injury
  146  protection insurance, proof of property damage liability
  147  insurance, proof of combined bodily liability insurance and
  148  property damage liability insurance, or proof of financial
  149  responsibility before insurance prior to, during, or subsequent
  150  to the verification of the proof. The issuance of a motor
  151  vehicle registration does not constitute prima facie evidence or
  152  a presumption of insurance coverage.
  153         Section 6. Paragraph (b) of subsection (1) of section
  154  320.0609, Florida Statutes, is amended to read:
  155         320.0609 Transfer and exchange of registration license
  156  plates; transfer fee.—
  157         (1)
  158         (b) The transfer of a license plate from a vehicle disposed
  159  of to a newly acquired vehicle does not constitute a new
  160  registration. The application for transfer shall be accepted
  161  without requiring proof of personal injury protection or
  162  liability insurance.
  163         Section 7. Paragraph (g) is added to subsection (1) of
  164  section 320.27, Florida Statutes, and subsection (3) of that
  165  section is amended, to read:
  166         320.27 Motor vehicle dealers.—
  167         (1) DEFINITIONS.—The following words, terms, and phrases
  168  when used in this section have the meanings respectively
  169  ascribed to them in this subsection, except where the context
  170  clearly indicates a different meaning:
  171         (g)“Garage liability insurance” means combined single
  172  limit liability coverage, including property damage and bodily
  173  injury liability coverage, in the amount of:
  174         1. Beginning January 1, 2019, and continuing through
  175  December 31, 2020, at least $50,000.
  176         2. Beginning January 1, 2021, and continuing through
  177  December 31, 2022, at least $60,000.
  178         3. Beginning January 1, 2023 and thereafter, at least
  179  $70,000.
  180         (3) APPLICATION AND FEE.—The application for the license
  181  application must shall be in such form as may be prescribed by
  182  the department and is shall be subject to such rules with
  183  respect thereto as may be so prescribed by the department it.
  184  Such application must shall be verified by oath or affirmation
  185  and must shall contain a full statement of the name and birth
  186  date of the person or persons applying for the license therefor;
  187  the name of the firm or copartnership, with the names and places
  188  of residence of all members thereof, if such applicant is a firm
  189  or copartnership; the names and places of residence of the
  190  principal officers, if the applicant is a body corporate or
  191  other artificial body; the name of the state under whose laws
  192  the corporation is organized; the present and former place or
  193  places of residence of the applicant; and the prior business in
  194  which the applicant has been engaged and its the location
  195  thereof. The Such application must shall describe the exact
  196  location of the place of business and must shall state whether
  197  the place of business is owned by the applicant and when
  198  acquired, or, if leased, a true copy of the lease must shall be
  199  attached to the application. The applicant shall certify that
  200  the location provides an adequately equipped office and is not a
  201  residence; that the location affords sufficient unoccupied space
  202  upon and within which adequately to store all motor vehicles
  203  offered and displayed for sale; and that the location is a
  204  suitable place where the applicant can in good faith carry on
  205  such business and keep and maintain books, records, and files
  206  necessary to conduct such business, which must shall be
  207  available at all reasonable hours to inspection by the
  208  department or any of its inspectors or other employees. The
  209  applicant shall certify that the business of a motor vehicle
  210  dealer is the principal business that will which shall be
  211  conducted at that location. The application must shall contain a
  212  statement that the applicant is either franchised by a
  213  manufacturer of motor vehicles, in which case the name of each
  214  motor vehicle that the applicant is franchised to sell must
  215  shall be included, or an independent (nonfranchised) motor
  216  vehicle dealer. The application must shall contain other
  217  relevant information as may be required by the department. The
  218  applicant must furnish, including evidence, in a form approved
  219  by the department, that the applicant is insured under a garage
  220  liability insurance policy or a general liability insurance
  221  policy coupled with a business automobile policy having the
  222  garage liability insurance coverage required by this subsection,
  223  which shall include, at a minimum, $25,000 combined single-limit
  224  liability coverage including bodily injury and property damage
  225  protection and $10,000 personal injury protection. However, a
  226  salvage motor vehicle dealer as defined in subparagraph (1)(c)5.
  227  is exempt from the requirements for garage liability insurance
  228  and personal injury protection insurance on those vehicles that
  229  cannot be legally operated on roads, highways, or streets in
  230  this state. Franchise dealers must submit a garage liability
  231  insurance policy, and all other dealers must submit a garage
  232  liability insurance policy or a general liability insurance
  233  policy coupled with a business automobile policy. Such policy
  234  must shall be for the license period, and evidence of a new or
  235  continued policy must shall be delivered to the department at
  236  the beginning of each license period. Upon making an initial
  237  application, the applicant shall pay to the department a fee of
  238  $300 in addition to any other fees required by law. Applicants
  239  may choose to extend the licensure period for 1 additional year
  240  for a total of 2 years. An initial applicant shall pay to the
  241  department a fee of $300 for the first year and $75 for the
  242  second year, in addition to any other fees required by law. An
  243  applicant for renewal shall pay to the department $75 for a 1
  244  year renewal or $150 for a 2-year renewal, in addition to any
  245  other fees required by law. Upon making an application for a
  246  change of location, the applicant person shall pay a fee of $50
  247  in addition to any other fees now required by law. The
  248  department shall, in the case of every application for initial
  249  licensure, verify whether certain facts set forth in the
  250  application are true. Each applicant, general partner in the
  251  case of a partnership, or corporate officer and director in the
  252  case of a corporate applicant shall, must file a set of
  253  fingerprints with the department for the purpose of determining
  254  any prior criminal record or any outstanding warrants. The
  255  department shall submit the fingerprints to the Department of
  256  Law Enforcement for state processing and forwarding to the
  257  Federal Bureau of Investigation for federal processing. The
  258  actual cost of state and federal processing must shall be borne
  259  by the applicant and is in addition to the fee for licensure.
  260  The department may issue a license to an applicant pending the
  261  results of the fingerprint investigation, which license is fully
  262  revocable if the department subsequently determines that any
  263  facts set forth in the application are not true or correctly
  264  represented.
  265         Section 8. Paragraph (j) of subsection (3) of section
  266  320.771, Florida Statutes, is amended to read:
  267         320.771 License required of recreational vehicle dealers.—
  268         (3) APPLICATION.—The application for such license shall be
  269  in the form prescribed by the department and subject to such
  270  rules as may be prescribed by it. The application shall be
  271  verified by oath or affirmation and shall contain:
  272         (j) A statement that the applicant is insured under a
  273  garage liability insurance policy in accordance with s.
  274  320.27(1)(g), which shall include, at a minimum, $25,000
  275  combined single-limit liability coverage, including bodily
  276  injury and property damage protection, and $10,000 personal
  277  injury protection, if the applicant is to be licensed as a
  278  dealer in, or intends to sell, recreational vehicles.
  279  
  280  The department shall, if it deems necessary, cause an
  281  investigation to be made to ascertain if the facts set forth in
  282  the application are true and shall not issue a license to the
  283  applicant until it is satisfied that the facts set forth in the
  284  application are true.
  285         Section 9. Subsections (1) and (2) of section 322.251,
  286  Florida Statutes, are amended to read:
  287         322.251 Notice of cancellation, suspension, revocation, or
  288  disqualification of license.—
  289         (1) All orders of cancellation, suspension, revocation, or
  290  disqualification issued under the provisions of this chapter,
  291  chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall
  292  be given either by personal delivery thereof to the licensee
  293  whose license is being canceled, suspended, revoked, or
  294  disqualified or by deposit in the United States mail in an
  295  envelope, first class, postage prepaid, addressed to the
  296  licensee at his or her last known mailing address furnished to
  297  the department. Such mailing by the department constitutes
  298  notification, and any failure by the person to receive the
  299  mailed order will not affect or stay the effective date or term
  300  of the cancellation, suspension, revocation, or disqualification
  301  of the licensee’s driving privilege.
  302         (2) The giving of notice and an order of cancellation,
  303  suspension, revocation, or disqualification by mail is complete
  304  upon expiration of 20 days after deposit in the United States
  305  mail for all notices except those issued under chapter 324 or
  306  ss. 627.732–627.734, which are complete 15 days after deposit in
  307  the United States mail. Proof of the giving of notice and an
  308  order of cancellation, suspension, revocation, or
  309  disqualification in either manner must shall be made by entry in
  310  the records of the department that such notice was given. The
  311  entry is admissible in the courts of this state and constitutes
  312  sufficient proof that such notice was given.
  313         Section 10. Paragraph (a) of subsection (8) of section
  314  322.34, Florida Statutes, is amended to read:
  315         322.34 Driving while license suspended, revoked, canceled,
  316  or disqualified.—
  317         (8)(a) Upon the arrest of a person for the offense of
  318  driving while the person’s driver license or driving privilege
  319  is suspended or revoked, the arresting officer shall determine:
  320         1. Whether the person’s driver license is suspended or
  321  revoked.
  322         2. Whether the person’s driver license has remained
  323  suspended or revoked since a conviction for the offense of
  324  driving with a suspended or revoked license.
  325         3. Whether the suspension or revocation was made under s.
  326  316.646 or s. 627.733, relating to failure to maintain required
  327  security, or under s. 322.264, relating to habitual traffic
  328  offenders.
  329         4. Whether the driver is the registered owner or coowner of
  330  the vehicle.
  331         Section 11. Section 324.011, Florida Statutes, is amended
  332  to read:
  333         324.011 Legislative intent and purpose of chapter.—It is
  334  the Legislature’s intent of this chapter to ensure that the
  335  privilege of owning or operating a motor vehicle in this state
  336  be exercised recognize the existing privilege to own or operate
  337  a motor vehicle on the public streets and highways of this state
  338  when such vehicles are used with due consideration for others’
  339  safety others and their property, and to promote safety, and to
  340  provide financial security requirements for such owners and or
  341  operators whose responsibility it is to recompense others for
  342  injury to person or property caused by the operation of a motor
  343  vehicle. Therefore, this chapter requires that every owner or
  344  operator of a motor vehicle required to be registered in this
  345  state establish, maintain, and it is required herein that the
  346  operator of a motor vehicle involved in a crash or convicted of
  347  certain traffic offenses meeting the operative provisions of s.
  348  324.051(2) shall respond for such damages and show proof of
  349  financial ability to respond for damages arising out of the
  350  ownership, maintenance, or use of a motor vehicle in future
  351  accidents as a requisite to owning or operating a motor vehicle
  352  in this state his or her future exercise of such privileges.
  353         Section 12. Subsections (1) and (7) and paragraph (c) of
  354  subsection (9) of section 324.021, Florida Statutes, are
  355  amended, and subsection (12) is added to that section, to read:
  356         324.021 Definitions; minimum insurance required.—The
  357  following words and phrases when used in this chapter shall, for
  358  the purpose of this chapter, have the meanings respectively
  359  ascribed to them in this section, except in those instances
  360  where the context clearly indicates a different meaning:
  361         (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
  362  designed and required to be licensed for use upon a highway,
  363  including trailers and semitrailers designed for use with such
  364  vehicles, except traction engines, road rollers, farm tractors,
  365  power shovels, and well drillers, and every vehicle that is
  366  propelled by electric power obtained from overhead wires but not
  367  operated upon rails, but not including any personal delivery
  368  device as defined in s. 316.003, bicycle, or moped. However, the
  369  term “motor vehicle” does not include a motor vehicle as defined
  370  in s. 627.732(3) when the owner of such vehicle has complied
  371  with the requirements of ss. 627.730-627.7405, inclusive, unless
  372  the provisions of s. 324.051 apply; and, in such case, the
  373  applicable proof of insurance provisions of s. 320.02 apply.
  374         (7) PROOF OF FINANCIAL RESPONSIBILITY.—That Proof of
  375  ability to respond in damages for liability on account of
  376  crashes arising out of the ownership, maintenance, or use of a
  377  motor vehicle:
  378         (a) With respect to a motor vehicle that is not a
  379  commercial motor vehicle, nonpublic sector bus, or for-hire
  380  passenger transportation vehicle:
  381         1.Beginning January 1, 2019, and continuing through
  382  December 31, 2020, in the amount of:
  383         a.Twenty thousand dollars for $10,000 because of bodily
  384  injury to, or the death of, one person in any one crash and,;
  385         (b) subject to such limits for one person, in the amount of
  386  $40,000 for $20,000 because of bodily injury to, or the death
  387  of, two or more persons in any one crash; and
  388         b.Ten thousand dollars for damage to, or destruction of,
  389  property of others in any one crash.
  390         2.Beginning January 1, 2021, and continuing through
  391  December 31, 2022, in the amount of:
  392         a. Twenty-five thousand dollars for bodily injury to, or
  393  the death of, one person in any one crash and, subject to such
  394  limits for one person, in the amount of $50,000 for bodily
  395  injury to, or the death of, two or more persons in any one
  396  crash; and
  397         b. Ten thousand dollars for damage to, or destruction of,
  398  property of others in any one crash.
  399         3. Beginning January 1, 2023, and continuing thereafter, in
  400  the amount of:
  401         a. Thirty thousand dollars for bodily injury to, or the
  402  death of, one person in any one crash and, subject to such
  403  limits for one person, in the amount of $60,000 for bodily
  404  injury to, or the death of, two or more persons in any one
  405  crash; and
  406         b.(c)Ten thousand dollars for damage In the amount of
  407  $10,000 because of injury to, or destruction of, property of
  408  others in any one crash.; and
  409         (b)(d) With respect to commercial motor vehicles and
  410  nonpublic sector buses, in the amounts specified in s. 627.7415
  411  ss. 627.7415 and 627.742, respectively.
  412         (c) With respect to nonpublic sector buses, in the amounts
  413  specified in s. 627.742.
  414         (d) With respect to for-hire passenger transportation
  415  vehicles, in the amounts specified in s. 324.032.
  416         (9) OWNER; OWNER/LESSOR.—
  417         (c) Application.—
  418         1. The limits on liability in subparagraphs (b)2. and 3. do
  419  not apply to an owner of motor vehicles that are used for
  420  commercial activity in the owner’s ordinary course of business,
  421  other than a rental company that rents or leases motor vehicles.
  422  For purposes of this paragraph, the term “rental company”
  423  includes only an entity that is engaged in the business of
  424  renting or leasing motor vehicles to the general public and that
  425  rents or leases a majority of its motor vehicles to persons with
  426  no direct or indirect affiliation with the rental company. The
  427  term also includes a motor vehicle dealer that provides
  428  temporary replacement vehicles to its customers for up to 10
  429  days. The term “rental company” also includes:
  430         a. A related rental or leasing company that is a subsidiary
  431  of the same parent company as that of the renting or leasing
  432  company that rented or leased the vehicle.
  433         b. The holder of a motor vehicle title or an equity
  434  interest in a motor vehicle title if the title or equity
  435  interest is held pursuant to or to facilitate an asset-backed
  436  securitization of a fleet of motor vehicles used solely in the
  437  business of renting or leasing motor vehicles to the general
  438  public and under the dominion and control of a rental company,
  439  as described in this subparagraph, in the operation of such
  440  rental company’s business.
  441         2. Furthermore, with respect to commercial motor vehicles
  442  as defined in s. 207.002 or s. 320.01 s. 627.732, the limits on
  443  liability in subparagraphs (b)2. and 3. do not apply if, at the
  444  time of the incident, the commercial motor vehicle is being used
  445  in the transportation of materials found to be hazardous for the
  446  purposes of the Hazardous Materials Transportation Authorization
  447  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is
  448  required pursuant to such act to carry placards warning others
  449  of the hazardous cargo, unless at the time of lease or rental
  450  either:
  451         a. The lessee indicates in writing that the vehicle will
  452  not be used to transport materials found to be hazardous for the
  453  purposes of the Hazardous Materials Transportation Authorization
  454  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
  455         b. The lessee or other operator of the commercial motor
  456  vehicle has in effect insurance with limits of at least $5
  457  million $5,000,000 combined property damage and bodily injury
  458  liability.
  459         (12) FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.Every “for
  460  hire vehicle” as defined in s. 320.01(15) which is offered or
  461  used to provide transportation for persons, including taxicabs,
  462  limousines, and jitneys.
  463         Section 13. Section 324.022, Florida Statutes, is amended
  464  to read:
  465         324.022 Financial responsibility requirements for property
  466  damage.—
  467         (1)(a) Every owner or operator of a motor vehicle required
  468  to be registered in this state shall establish and continuously
  469  maintain the ability to respond in damages for liability on
  470  account of accidents arising out of the use of the motor vehicle
  471  in the amount of:
  472         1. Beginning January 1, 2019, and continuing through
  473  December 31, 2020:
  474         a.Twenty thousand dollars for bodily injury to, or the
  475  death of, one person in any one crash and, subject to such
  476  limits for one person, in the amount of $40,000 for bodily
  477  injury to, or the death of, two or more persons in any one
  478  crash; and
  479         b. Ten thousand dollars for damage to, or destruction of,
  480  property of others in any one crash.
  481         2. Beginning January 1, 2021, and continuing through
  482  December 31, 2022:
  483         a.Twenty-five thousand dollars for bodily injury to, or
  484  the death of, one person in any one crash and, subject to such
  485  limits for one person, in the amount of $50,000 for bodily
  486  injury to, or the death of, two or more persons in any one
  487  crash; and
  488         b. Ten thousand dollars for damage to, or destruction of,
  489  property of others in any one crash.
  490         3. Beginning January 1, 2023, and continuing thereafter:
  491         a.Thirty thousand dollars for bodily injury to, or the
  492  death of, one person in any one crash and, subject to such
  493  limits for one person, in the amount of $60,000 for bodily
  494  injury to, or the death of, two or more persons in any one
  495  crash; and
  496         b. Ten thousand dollars for $10,000 because of damage to,
  497  or destruction of, property of others in any one crash.
  498         (b) The requirements of paragraph (a) this section may be
  499  met by one of the methods established in s. 324.031; by self
  500  insuring as authorized by s. 768.28(16); or by maintaining a
  501  motor vehicle liability insurance policy that an insurance
  502  policy providing coverage for property damage liability in the
  503  amount of at least $10,000 because of damage to, or destruction
  504  of, property of others in any one accident arising out of the
  505  use of the motor vehicle. The requirements of this section may
  506  also be met by having a policy which provides combined property
  507  damage liability and bodily injury liability coverage for any
  508  one crash arising out of the ownership, maintenance, or use of a
  509  motor vehicle which conforms to the requirements of s. 324.151
  510  in the amount of:
  511         1. At least $50,000 for every owner or operator subject to
  512  the financial responsibility required in subparagraph (1)(a)1.
  513         2. At least $60,000 for every owner or operator subject to
  514  the financial responsibility required in subparagraph (1)(a)2.
  515         3. At least $70,000 for every owner or operator subject to
  516  the financial responsibility required in subparagraph (1)(a)3.
  517  $30,000 for combined property damage liability and bodily injury
  518  liability for any one crash arising out of the use of the motor
  519  vehicle. The policy, with respect to coverage for property
  520  damage liability, must meet the applicable requirements of s.
  521  324.151, subject to the usual policy exclusions that have been
  522  approved in policy forms by the Office of Insurance Regulation.
  523  No insurer shall have any duty to defend uncovered claims
  524  irrespective of their joinder with covered claims.
  525         (2) As used in this section, the term:
  526         (a) “Motor vehicle” means any self-propelled vehicle that
  527  has four or more wheels and that is of a type designed and
  528  required to be licensed for use on the highways of this state,
  529  and any trailer or semitrailer designed for use with such
  530  vehicle. The term does not include the following:
  531         1. A mobile home as defined in s. 320.01.
  532         2. A motor vehicle that is used in mass transit and
  533  designed to transport more than five passengers, exclusive of
  534  the operator of the motor vehicle, and that is owned by a
  535  municipality, transit authority, or political subdivision of the
  536  state.
  537         3. A school bus as defined in s. 1006.25, which shall
  538  maintain security as required under s. 316.615.
  539         4. A commercial motor vehicle as defined in s. 207.002 or
  540  s. 320.01, which shall maintain security as required under ss.
  541  324.031 and 627.7415.
  542         5. A nonpublic sector bus, which shall maintain security as
  543  required under ss. 324.031 and 627.742.
  544         6.4. A vehicle providing for-hire passenger transportation
  545  vehicle, which that is subject to the provisions of s. 324.031.
  546  A taxicab shall maintain security as required under s. 324.032
  547  s. 324.032(1).
  548         7.5. A personal delivery device as defined in s. 316.003.
  549         (b) “Owner” means the person who holds legal title to a
  550  motor vehicle or the debtor or lessee who has the right to
  551  possession of a motor vehicle that is the subject of a security
  552  agreement or lease with an option to purchase.
  553         (3) Each nonresident owner or registrant of a motor vehicle
  554  that, whether operated or not, has been physically present
  555  within this state for more than 90 days during the preceding 365
  556  days shall maintain security as required by subsection (1). The
  557  security must be that is in effect continuously throughout the
  558  period the motor vehicle remains within this state.
  559         (4) An The owner or registrant of a motor vehicle who is
  560  exempt from the requirements of this section if she or he is a
  561  member of the United States Armed Forces and is called to or on
  562  active duty outside the United States in an emergency situation
  563  is exempt from this section while he or she. The exemption
  564  provided by this subsection applies only as long as the member
  565  of the Armed Forces is on such active duty. This exemption
  566  outside the United States and applies only while the vehicle
  567  covered by the security is not operated by any person. Upon
  568  receipt of a written request by the insured to whom the
  569  exemption provided in this subsection applies, the insurer shall
  570  cancel the coverages and return any unearned premium or suspend
  571  the security required by this section. Notwithstanding s.
  572  324.0221(2) s. 324.0221(3), the department may not suspend the
  573  registration or operator’s license of an any owner or registrant
  574  of a motor vehicle during the time she or he qualifies for the
  575  an exemption under this subsection. An Any owner or registrant
  576  of a motor vehicle who qualifies for the an exemption under this
  577  subsection shall immediately notify the department before prior
  578  to and at the end of the expiration of the exemption.
  579         Section 14. Subsections (1) and (2) of section 324.0221,
  580  Florida Statutes, are amended to read:
  581         324.0221 Reports by insurers to the department; suspension
  582  of driver license and vehicle registrations; reinstatement.—
  583         (1)(a) Each insurer that has issued a policy providing
  584  personal injury protection coverage or property damage liability
  585  coverage shall report the cancellation or nonrenewal thereof to
  586  the department within 10 days after the processing date or
  587  effective date of each cancellation or nonrenewal. Upon the
  588  issuance of a policy providing personal injury protection
  589  coverage or property damage liability coverage to a named
  590  insured not previously insured by the insurer during that
  591  calendar year, the insurer shall report the issuance of the new
  592  policy to the department within 10 days. The report must shall
  593  be in the form and format and contain any information required
  594  by the department and must be provided in a format that is
  595  compatible with the data processing capabilities of the
  596  department. Failure by an insurer to file proper reports with
  597  the department as required by this subsection constitutes a
  598  violation of the Florida Insurance Code. These records may shall
  599  be used by the department only for enforcement and regulatory
  600  purposes, including the generation by the department of data
  601  regarding compliance by owners of motor vehicles with the
  602  requirements for financial responsibility coverage.
  603         (b) With respect to an insurance policy providing personal
  604  injury protection coverage or property damage liability
  605  coverage, each insurer shall notify the named insured, or the
  606  first-named insured in the case of a commercial fleet policy, in
  607  writing that any cancellation or nonrenewal of the policy will
  608  be reported by the insurer to the department. The notice must
  609  also inform the named insured that failure to maintain bodily
  610  injury liability personal injury protection coverage and
  611  property damage liability coverage on a motor vehicle when
  612  required by law may result in the loss of registration and
  613  driving privileges in this state and inform the named insured of
  614  the amount of the reinstatement fees required by this section.
  615  This notice is for informational purposes only, and an insurer
  616  is not civilly liable for failing to provide this notice.
  617         (2) The department shall suspend, after due notice and an
  618  opportunity to be heard, the registration and driver license of
  619  any owner or registrant of a motor vehicle for with respect to
  620  which security is required under s. 324.022, s. 324.032, s.
  621  627.7415, or s. 627.742 ss. 324.022 and 627.733 upon:
  622         (a) The department’s records showing that the owner or
  623  registrant of such motor vehicle did not have the in full force
  624  and effect when required security in full force and effect that
  625  complies with the requirements of ss. 324.022 and 627.733; or
  626         (b) Notification by the insurer to the department, in a
  627  form approved by the department, of cancellation or termination
  628  of the required security.
  629         Section 15. Section 324.023, Florida Statutes, is amended
  630  to read:
  631         324.023 Financial responsibility for bodily injury or
  632  death.—In addition to any other financial responsibility
  633  required by law, every owner or operator of a motor vehicle that
  634  is required to be registered in this state, or that is located
  635  within this state, and who, regardless of adjudication of guilt,
  636  has been found guilty of or entered a plea of guilty or nolo
  637  contendere to a charge of driving under the influence under s.
  638  316.193 after October 1, 2007, shall, by one of the methods
  639  established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2),
  640  establish and maintain the ability to respond in damages for
  641  liability on account of accidents arising out of the use of a
  642  motor vehicle in the amount of $100,000 because of bodily injury
  643  to, or death of, one person in any one crash and, subject to
  644  such limits for one person, in the amount of $300,000 because of
  645  bodily injury to, or death of, two or more persons in any one
  646  crash and in the amount of $50,000 because of property damage in
  647  any one crash. If the owner or operator chooses to establish and
  648  maintain such ability by furnishing a certificate of deposit
  649  pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of
  650  deposit must be at least $350,000. Such higher limits must be
  651  carried for a minimum period of 3 years. If the owner or
  652  operator has not been convicted of driving under the influence
  653  or a felony traffic offense for a period of 3 years from the
  654  date of reinstatement of driving privileges for a violation of
  655  s. 316.193, the owner or operator shall be exempt from this
  656  section.
  657         Section 16. Section 324.031, Florida Statutes, is amended
  658  to read:
  659         324.031 Manner of proving financial responsibility.—
  660         (1)The owner or operator of a taxicab, limousine, jitney,
  661  or any other for-hire passenger transportation vehicle may prove
  662  financial responsibility by providing satisfactory evidence of
  663  holding a motor vehicle liability policy as defined in s.
  664  324.021(8) or s. 324.151, which policy is issued by an insurance
  665  carrier which is a member of the Florida Insurance Guaranty
  666  Association. The operator or owner of a motor vehicle other than
  667  a for-hire passenger transportation vehicle any other vehicle
  668  may prove his or her financial responsibility by:
  669         (a)(1) Furnishing satisfactory evidence of holding a motor
  670  vehicle liability policy as defined in ss. 324.021(8) and
  671  324.151;
  672         (b)(2) Furnishing a certificate of self-insurance showing a
  673  deposit of cash in accordance with s. 324.161; or
  674         (c)(3) Furnishing a certificate of self-insurance issued by
  675  the department in accordance with s. 324.171.
  676         (2)(a) Any person, including any firm, partnership,
  677  association, corporation, or other person, other than a natural
  678  person, electing to use the method of proof specified in
  679  paragraph (1)(b) subsection (2) shall furnish a certificate of
  680  deposit equal to the number of vehicles owned times:
  681         1. Fifty thousand dollars, to a maximum of $200,000, from
  682  January 1, 2019, through December 31, 2020.
  683         2. Sixty thousand dollars, to a maximum of $240,000, from
  684  January 1, 2021, through December 31, 2022.
  685         3.Seventy thousand dollars, $30,000, to a maximum of
  686  $280,000, from January 1, 2023, and thereafter. $120,000;
  687         (b) In addition, any such person, other than a natural
  688  person, shall maintain insurance providing coverage conforming
  689  to the requirements of s. 324.151 in excess of the amount of the
  690  certificate of deposit, with limits of at least:
  691         1. One hundred twenty-five thousand dollars for bodily
  692  injury to, or the death of, one person in any one crash and,
  693  subject to such limits for one person, in the amount of $250,000
  694  for bodily injury to, or the death of, two or more persons in
  695  any one crash, and $50,000 for damage to, or destruction of,
  696  property of others in any one crash; or $10,000/20,000/10,000 or
  697  $30,000 combined single limits, and such excess insurance shall
  698  provide minimum limits of $125,000/250,000/50,000 or $300,000
  699  combined single limits. These increased limits shall not affect
  700  the requirements for proving financial responsibility under s.
  701  324.032(1).
  702         2. Three hundred thousand dollars for combined bodily
  703  injury liability and property damage liability for any one
  704  crash.
  705         Section 17. Section 324.032, Florida Statutes, is amended
  706  to read:
  707         324.032 Manner of proving Financial responsibility for;
  708  for-hire passenger transportation vehicles.—Notwithstanding the
  709  provisions of s. 324.031:
  710         (1) An owner or lessee of a for-hire passenger
  711  transportation vehicle that is required to be registered in this
  712  state shall establish and continuously maintain the ability to
  713  respond in damages for liability on account of accidents arising
  714  out of the ownership, maintenance, or use of the for-hire
  715  passenger transportation vehicle, in the amount of:
  716         (a) One hundred twenty-five thousand dollars for bodily
  717  injury to, or the death of, one person in any one crash and,
  718  subject to such limits for one person, in the amount of $250,000
  719  for bodily injury to, or the death of, two or more persons in
  720  any one crash; and A person who is either the owner or a lessee
  721  required to maintain insurance under s. 627.733(1)(b) and who
  722  operates one or more taxicabs, limousines, jitneys, or any other
  723  for-hire passenger transportation vehicles may prove financial
  724  responsibility by furnishing satisfactory evidence of holding a
  725  motor vehicle liability policy, but with minimum limits of
  726  $125,000/250,000/50,000.
  727         (b) Fifty thousand dollars for damage to, or destruction
  728  of, property of others in any one crash A person who is either
  729  the owner or a lessee required to maintain insurance under s.
  730  324.021(9)(b) and who operates limousines, jitneys, or any other
  731  for-hire passenger vehicles, other than taxicabs, may prove
  732  financial responsibility by furnishing satisfactory evidence of
  733  holding a motor vehicle liability policy as defined in s.
  734  324.031.
  735         (2)Except as provided in subsection (3), the requirements
  736  of this section must be met by the owner or lessee providing
  737  satisfactory evidence of holding a motor vehicle liability
  738  policy conforming to the requirements of s. 324.151 which is
  739  issued by an insurance carrier that is a member of the Florida
  740  Insurance Guaranty Association.
  741         (3)(2) An owner or a lessee who is required to maintain
  742  insurance under s. 324.021(9)(b) and who operates at least 300
  743  taxicabs, limousines, jitneys, or any other for-hire passenger
  744  transportation vehicles may provide financial responsibility by
  745  complying with the provisions of s. 324.171, such compliance to
  746  be demonstrated by maintaining at its principal place of
  747  business an audited financial statement, prepared in accordance
  748  with generally accepted accounting principles, and providing to
  749  the department a certification issued by a certified public
  750  accountant that the applicant’s net worth is at least equal to
  751  the requirements of s. 324.171 as determined by the Office of
  752  Insurance Regulation of the Financial Services Commission,
  753  including claims liabilities in an amount certified as adequate
  754  by a Fellow of the Casualty Actuarial Society.
  755  
  756  Upon request by the department, the applicant shall must provide
  757  the department at the applicant’s principal place of business in
  758  this state access to the applicant’s underlying financial
  759  information and financial statements that provide the basis of
  760  the certified public accountant’s certification. The applicant
  761  shall reimburse the requesting department for all reasonable
  762  costs incurred by it in reviewing the supporting information.
  763  The maximum amount of self-insurance permissible under this
  764  subsection is $300,000 and must be stated on a per-occurrence
  765  basis, and the applicant shall maintain adequate excess
  766  insurance issued by an authorized or eligible insurer licensed
  767  or approved by the Office of Insurance Regulation. All risks
  768  self-insured shall remain with the owner or lessee providing it,
  769  and the risks are not transferable to any other person, unless a
  770  policy complying with subsections (1) and (2) subsection (1) is
  771  obtained.
  772         Section 18. Paragraph (b) of subsection (2) of section
  773  324.051, Florida Statutes, is amended to read:
  774         324.051 Reports of crashes; suspensions of licenses and
  775  registrations.—
  776         (2)
  777         (b) This subsection does shall not apply:
  778         1. To such operator or owner if such operator or owner had
  779  in effect at the time of such crash or traffic conviction a
  780  motor vehicle an automobile liability policy with respect to all
  781  of the registered motor vehicles owned by such operator or
  782  owner.
  783         2. To such operator, if not the owner of such motor
  784  vehicle, if there was in effect at the time of such crash or
  785  traffic conviction a motor vehicle an automobile liability
  786  policy or bond with respect to his or her operation of motor
  787  vehicles not owned by him or her.
  788         3. To such operator or owner if the liability of such
  789  operator or owner for damages resulting from such crash is, in
  790  the judgment of the department, covered by any other form of
  791  liability insurance or bond.
  792         4. To any person who has obtained from the department a
  793  certificate of self-insurance, in accordance with s. 324.171, or
  794  to any person operating a motor vehicle for such self-insurer.
  795  
  796  No such policy or bond shall be effective under this subsection
  797  unless it contains limits of not less than those specified in s.
  798  324.021(7).
  799         Section 19. Section 324.071, Florida Statutes, is amended
  800  to read:
  801         324.071 Reinstatement; renewal of license; reinstatement
  802  fee.—An Any operator or owner whose license or registration has
  803  been suspended pursuant to s. 324.051(2), s. 324.072, s.
  804  324.081, or s. 324.121 may effect its reinstatement upon
  805  compliance with the provisions of s. 324.051(2)(a)3. or 4., or
  806  s. 324.081(2) and (3), as the case may be, and with one of the
  807  provisions of s. 324.031 and upon payment to the department of a
  808  nonrefundable reinstatement fee of $15. Only one such fee may
  809  shall be paid by any one person regardless irrespective of the
  810  number of licenses and registrations to be then reinstated or
  811  issued to such person. All Such fees must shall be deposited to
  812  a department trust fund. If When the reinstatement of any
  813  license or registration is effected by compliance with s.
  814  324.051(2)(a)3. or 4., the department may shall not renew the
  815  license or registration within a period of 3 years after from
  816  such reinstatement, nor may shall any other license or
  817  registration be issued in the name of such person, unless the
  818  operator continues is continuing to comply with one of the
  819  provisions of s. 324.031.
  820         Section 20. Subsection (1) of section 324.091, Florida
  821  Statutes, is amended to read:
  822         324.091 Notice to department; notice to insurer.—
  823         (1) Each owner and operator involved in a crash or
  824  conviction case within the purview of this chapter shall furnish
  825  evidence of automobile liability insurance or motor vehicle
  826  liability insurance within 14 days after the date of the mailing
  827  of notice of crash by the department in the form and manner as
  828  it may designate. Upon receipt of evidence that a an automobile
  829  liability policy or motor vehicle liability policy was in effect
  830  at the time of the crash or conviction case, the department
  831  shall forward to the insurer such information for verification
  832  in a method as determined by the department. The insurer shall
  833  respond to the department within 20 days after the notice as to
  834  whether or not such information is valid. If the department
  835  determines that a an automobile liability policy or motor
  836  vehicle liability policy was not in effect and did not provide
  837  coverage for both the owner and the operator, it must shall take
  838  action as it is authorized to do under this chapter.
  839         Section 21. Section 324.151, Florida Statutes, is amended
  840  to read:
  841         324.151 Motor vehicle liability policies; required
  842  provisions.—
  843         (1) A motor vehicle liability policy that serves as to be
  844  proof of financial responsibility under s. 324.031(1) must,
  845  shall be issued to owners or operators of motor vehicles under
  846  the following provisions:
  847         (a) A motor vehicle An owner’s liability insurance policy
  848  issued to an owner of a motor vehicle registered in this state
  849  must shall designate by explicit description or by appropriate
  850  reference all motor vehicles for with respect to which coverage
  851  is thereby granted. The policy must and shall insure the person
  852  or persons owner named therein and any other person as operator
  853  using such motor vehicle or motor vehicles with the express or
  854  implied permission of such owner against loss from the liability
  855  imposed by law for damage arising out of the ownership,
  856  maintenance, or use of any such motor vehicle or motor vehicles
  857  within the United States or the Dominion of Canada, subject to
  858  limits, exclusive of interest and costs with respect to each
  859  such motor vehicle as is provided for under s. 324.021(7).
  860  Insurers may make available, with respect to property damage
  861  liability coverage, a deductible amount not to exceed $500. In
  862  the event of a property damage loss covered by a policy
  863  containing a property damage deductible provision, the insurer
  864  shall pay to the third-party claimant the amount of any property
  865  damage liability settlement or judgment, subject to policy
  866  limits, as if no deductible existed.
  867         (b) An operator’s motor vehicle liability policy of
  868  insurance must shall insure the person or persons named therein
  869  against loss from the liability imposed upon him or her by law
  870  for damages arising out of the use by the person of any motor
  871  vehicle not owned by him or her, with the same territorial
  872  limits and subject to the same limits of liability as referred
  873  to above with respect to an owner’s policy of liability
  874  insurance.
  875         (c) All such motor vehicle liability policies must shall
  876  state the name and address of the named insured, the coverage
  877  afforded by the policy, the premium charged therefor, the policy
  878  period, the limits of liability, and must shall contain an
  879  agreement or be endorsed that insurance is provided in
  880  accordance with the coverage defined in this chapter as respects
  881  bodily injury and death or property damage or both and is
  882  subject to all provisions of this chapter. The Said policies
  883  must shall also contain a provision that the satisfaction by an
  884  insured of a judgment for such injury or damage may shall not be
  885  a condition precedent to the right or duty of the insurance
  886  carrier to make payment on account of such injury or damage, and
  887  must shall also contain a provision that bankruptcy or
  888  insolvency of the insured or of the insured’s estate may shall
  889  not relieve the insurance carrier of any of its obligations
  890  under the said policy.
  891         (2) The provisions of This section is shall not be
  892  applicable to any automobile liability policy unless and until
  893  it is furnished as proof of financial responsibility for the
  894  future pursuant to s. 324.031, and then only from and after the
  895  date the said policy is so furnished.
  896         Section 22. Section 324.161, Florida Statutes, is amended
  897  to read:
  898         324.161 Proof of financial responsibility; deposit.—If a
  899  person elects to prove his or her financial responsibility under
  900  the method of proof specified in s. 324.031(1)(b), he or she
  901  must obtain proof of a certificate of deposit annually, in the
  902  amount required under s. 324.031(2), from a financial
  903  institution insured by the Federal Deposit Insurance Corporation
  904  or the National Credit Union Administration. Proof of such
  905  certificate of deposit Annually, before any certificate of
  906  insurance may be issued to a person, including any firm,
  907  partnership, association, corporation, or other person, other
  908  than a natural person, proof of a certificate of deposit of
  909  $30,000 issued and held by a financial institution must be
  910  submitted to the department annually. A power of attorney will
  911  be issued to and held by the department and may be executed upon
  912  a judgment issued against such person making the deposit, for
  913  damages for because of bodily injury to or death of any person
  914  or for damages for because of injury to or destruction of
  915  property resulting from the use or operation of any motor
  916  vehicle occurring after such deposit was made. Money so
  917  deposited is shall not be subject to attachment or execution
  918  unless such attachment or execution arises shall arise out of a
  919  lawsuit suit for such damages as aforesaid.
  920         Section 23. Subsections (1) and (2) of section 324.171,
  921  Florida Statutes, are amended to read:
  922         324.171 Self-insurer.—
  923         (1) A Any person may qualify as a self-insurer by obtaining
  924  a certificate of self-insurance from the department. which may,
  925  in its discretion and Upon application of such a person, the
  926  department may issue a said certificate of self-insurance if the
  927  applicant when such person has satisfied the requirements of
  928  this section to qualify as a self-insurer under this section:
  929         (a) A private individual with private passenger vehicles
  930  must shall possess a net unencumbered worth: of
  931         1.Beginning January 1, 2019, through December 31, 2020, of
  932  at least $80,000.
  933         2. Beginning January 1, 2021, through December 31, 2022, of
  934  at least $100,000.
  935         3. Beginning January 1, 2023, and thereafter, of at least
  936  $120,000 $40,000.
  937         (b) A person, including any firm, partnership, association,
  938  corporation, or other person, other than a natural person, must
  939  shall:
  940         1. Possess a net unencumbered worth: of
  941         a. Beginning January 1, 2019, through December 31, 2020, of
  942  at least $80,000 for the first motor vehicle and $40,000 for
  943  each additional motor vehicle.
  944         b. Beginning January 1, 2021, through December 31, 2022, of
  945  at least $100,000 for the first motor vehicle and $50,000 for
  946  each additional motor vehicle.
  947         c. Beginning January 1, 2023, and thereafter, of at least
  948  $120,000 $40,000 for the first motor vehicle and $60,000 $20,000
  949  for each additional motor vehicle; or
  950         2. Maintain sufficient net worth, in an amount determined
  951  by the department, to be financially responsible for potential
  952  losses. The department shall annually determine the minimum net
  953  worth sufficient to satisfy this subparagraph as determined
  954  annually by the department, pursuant to rules adopted
  955  promulgated by the department, with the assistance of the Office
  956  of Insurance Regulation of the Financial Services Commission, to
  957  be financially responsible for potential losses. The rules must
  958  consider any shall take into consideration excess insurance
  959  carried by the applicant. The department’s determination must
  960  shall be based upon reasonable actuarial principles considering
  961  the frequency, severity, and loss development of claims incurred
  962  by casualty insurers writing coverage on the type of motor
  963  vehicles for which a certificate of self-insurance is desired.
  964         (c) The owner of a commercial motor vehicle, as defined in
  965  s. 207.002 or s. 320.01, may qualify as a self-insurer subject
  966  to the standards provided for in subparagraph (b)2.
  967         (2) The self-insurance certificate must shall provide
  968  limits of liability insurance in the amounts specified under s.
  969  324.021(7) or s. 627.7415 and shall provide personal injury
  970  protection coverage under s. 627.733(3)(b).
  971         Section 24. Section 324.251, Florida Statutes, is amended
  972  to read:
  973         324.251 Short title.—This chapter may be cited as the
  974  “Financial Responsibility Law of 2018 1955” and is shall become
  975  effective at 12:01 a.m., January 1, 2019 October 1, 1955.
  976         Section 25. Subsection (4) of section 400.9905, Florida
  977  Statutes, is amended to read:
  978         400.9905 Definitions.—
  979         (4) “Clinic” means an entity where health care services are
  980  provided to individuals and which tenders charges for
  981  reimbursement for such services, including a mobile clinic and a
  982  portable equipment provider. As used in this part, the term does
  983  not include and the licensure requirements of this part do not
  984  apply to:
  985         (a) Entities licensed or registered by the state under
  986  chapter 395; entities licensed or registered by the state and
  987  providing only health care services within the scope of services
  988  authorized under their respective licenses under ss. 383.30
  989  383.335, chapter 390, chapter 394, chapter 397, this chapter
  990  except part X, chapter 429, chapter 463, chapter 465, chapter
  991  466, chapter 478, part I of chapter 483, chapter 484, or chapter
  992  651; end-stage renal disease providers authorized under 42
  993  C.F.R. part 405, subpart U; providers certified under 42 C.F.R.
  994  part 485, subpart B or subpart H; or any entity that provides
  995  neonatal or pediatric hospital-based health care services or
  996  other health care services by licensed practitioners solely
  997  within a hospital licensed under chapter 395.
  998         (b) Entities that own, directly or indirectly, entities
  999  licensed or registered by the state pursuant to chapter 395;
 1000  entities that own, directly or indirectly, entities licensed or
 1001  registered by the state and providing only health care services
 1002  within the scope of services authorized pursuant to their
 1003  respective licenses under ss. 383.30-383.335, chapter 390,
 1004  chapter 394, chapter 397, this chapter except part X, chapter
 1005  429, chapter 463, chapter 465, chapter 466, chapter 478, part I
 1006  of chapter 483, chapter 484, or chapter 651; end-stage renal
 1007  disease providers authorized under 42 C.F.R. part 405, subpart
 1008  U; providers certified under 42 C.F.R. part 485, subpart B or
 1009  subpart H; or any entity that provides neonatal or pediatric
 1010  hospital-based health care services by licensed practitioners
 1011  solely within a hospital licensed under chapter 395.
 1012         (c) Entities that are owned, directly or indirectly, by an
 1013  entity licensed or registered by the state pursuant to chapter
 1014  395; entities that are owned, directly or indirectly, by an
 1015  entity licensed or registered by the state and providing only
 1016  health care services within the scope of services authorized
 1017  pursuant to their respective licenses under ss. 383.30-383.335,
 1018  chapter 390, chapter 394, chapter 397, this chapter except part
 1019  X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
 1020  478, part I of chapter 483, chapter 484, or chapter 651; end
 1021  stage renal disease providers authorized under 42 C.F.R. part
 1022  405, subpart U; providers certified under 42 C.F.R. part 485,
 1023  subpart B or subpart H; or any entity that provides neonatal or
 1024  pediatric hospital-based health care services by licensed
 1025  practitioners solely within a hospital under chapter 395.
 1026         (d) Entities that are under common ownership, directly or
 1027  indirectly, with an entity licensed or registered by the state
 1028  pursuant to chapter 395; entities that are under common
 1029  ownership, directly or indirectly, with an entity licensed or
 1030  registered by the state and providing only health care services
 1031  within the scope of services authorized pursuant to their
 1032  respective licenses under ss. 383.30-383.335, chapter 390,
 1033  chapter 394, chapter 397, this chapter except part X, chapter
 1034  429, chapter 463, chapter 465, chapter 466, chapter 478, part I
 1035  of chapter 483, chapter 484, or chapter 651; end-stage renal
 1036  disease providers authorized under 42 C.F.R. part 405, subpart
 1037  U; providers certified under 42 C.F.R. part 485, subpart B or
 1038  subpart H; or any entity that provides neonatal or pediatric
 1039  hospital-based health care services by licensed practitioners
 1040  solely within a hospital licensed under chapter 395.
 1041         (e) An entity that is exempt from federal taxation under 26
 1042  U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
 1043  under 26 U.S.C. s. 409 that has a board of trustees at least
 1044  two-thirds of which are Florida-licensed health care
 1045  practitioners and provides only physical therapy services under
 1046  physician orders, any community college or university clinic,
 1047  and any entity owned or operated by the federal or state
 1048  government, including agencies, subdivisions, or municipalities
 1049  thereof.
 1050         (f) A sole proprietorship, group practice, partnership, or
 1051  corporation that provides health care services by physicians
 1052  covered by s. 627.419, that is directly supervised by one or
 1053  more of such physicians, and that is wholly owned by one or more
 1054  of those physicians or by a physician and the spouse, parent,
 1055  child, or sibling of that physician.
 1056         (g) A sole proprietorship, group practice, partnership, or
 1057  corporation that provides health care services by licensed
 1058  health care practitioners under chapter 457, chapter 458,
 1059  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
 1060  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
 1061  chapter 490, chapter 491, or part I, part III, part X, part
 1062  XIII, or part XIV of chapter 468, or s. 464.012, and that is
 1063  wholly owned by one or more licensed health care practitioners,
 1064  or the licensed health care practitioners set forth in this
 1065  paragraph and the spouse, parent, child, or sibling of a
 1066  licensed health care practitioner if one of the owners who is a
 1067  licensed health care practitioner is supervising the business
 1068  activities and is legally responsible for the entity’s
 1069  compliance with all federal and state laws. However, a health
 1070  care practitioner may not supervise services beyond the scope of
 1071  the practitioner’s license, except that, for the purposes of
 1072  this part, a clinic owned by a licensee in s. 456.053(3)(b)
 1073  which provides only services authorized pursuant to s.
 1074  456.053(3)(b) may be supervised by a licensee specified in s.
 1075  456.053(3)(b).
 1076         (h) Clinical facilities affiliated with an accredited
 1077  medical school at which training is provided for medical
 1078  students, residents, or fellows.
 1079         (i) Entities that provide only oncology or radiation
 1080  therapy services by physicians licensed under chapter 458 or
 1081  chapter 459 or entities that provide oncology or radiation
 1082  therapy services by physicians licensed under chapter 458 or
 1083  chapter 459 which are owned by a corporation whose shares are
 1084  publicly traded on a recognized stock exchange.
 1085         (j) Clinical facilities affiliated with a college of
 1086  chiropractic accredited by the Council on Chiropractic Education
 1087  at which training is provided for chiropractic students.
 1088         (k) Entities that provide licensed practitioners to staff
 1089  emergency departments or to deliver anesthesia services in
 1090  facilities licensed under chapter 395 and that derive at least
 1091  90 percent of their gross annual revenues from the provision of
 1092  such services. Entities claiming an exemption from licensure
 1093  under this paragraph must provide documentation demonstrating
 1094  compliance.
 1095         (l) Orthotic, prosthetic, pediatric cardiology, or
 1096  perinatology clinical facilities or anesthesia clinical
 1097  facilities that are not otherwise exempt under paragraph (a) or
 1098  paragraph (k) and that are a publicly traded corporation or are
 1099  wholly owned, directly or indirectly, by a publicly traded
 1100  corporation. As used in this paragraph, a publicly traded
 1101  corporation is a corporation that issues securities traded on an
 1102  exchange registered with the United States Securities and
 1103  Exchange Commission as a national securities exchange.
 1104         (m) Entities that are owned by a corporation that has $250
 1105  million or more in total annual sales of health care services
 1106  provided by licensed health care practitioners where one or more
 1107  of the persons responsible for the operations of the entity is a
 1108  health care practitioner who is licensed in this state and who
 1109  is responsible for supervising the business activities of the
 1110  entity and is responsible for the entity’s compliance with state
 1111  law for purposes of this part.
 1112         (n) Entities that employ 50 or more licensed health care
 1113  practitioners licensed under chapter 458 or chapter 459 where
 1114  the billing for medical services is under a single tax
 1115  identification number. The application for exemption under this
 1116  subsection must include shall contain information that includes:
 1117  the name, residence, and business address and telephone phone
 1118  number of the entity that owns the practice; a complete list of
 1119  the names and contact information of all the officers and
 1120  directors of the corporation; the name, residence address,
 1121  business address, and medical license number of each licensed
 1122  Florida health care practitioner employed by the entity; the
 1123  corporate tax identification number of the entity seeking an
 1124  exemption; a listing of health care services to be provided by
 1125  the entity at the health care clinics owned or operated by the
 1126  entity; and a certified statement prepared by an independent
 1127  certified public accountant which states that the entity and the
 1128  health care clinics owned or operated by the entity have not
 1129  received payment for health care services under motor vehicle
 1130  personal injury protection insurance coverage for the preceding
 1131  year. If the agency determines that an entity that which is
 1132  exempt under this subsection has received payments for medical
 1133  services under motor vehicle personal injury protection
 1134  insurance coverage, the agency may deny or revoke the exemption
 1135  from licensure under this subsection.
 1136  
 1137  Notwithstanding this subsection, an entity shall be deemed a
 1138  clinic and must be licensed under this part in order to receive
 1139  reimbursement under a motor vehicle insurance policy the Florida
 1140  Motor Vehicle No-Fault Law, ss. 627.730-627.7405, unless
 1141  exempted under s. 627.736(5)(h).
 1142         Section 26. Subsection (6) of section 400.991, Florida
 1143  Statutes, is amended to read:
 1144         400.991 License requirements; background screenings;
 1145  prohibitions.—
 1146         (6) All agency forms for licensure application or exemption
 1147  from licensure under this part must contain the following
 1148  statement:
 1149  
 1150         INSURANCE FRAUD NOTICE.—A person commits a fraudulent
 1151         insurance act, as defined in s. 626.989, Florida
 1152         Statutes, if the person who knowingly submits a false,
 1153         misleading, or fraudulent application or other
 1154         document when applying for licensure as a health care
 1155         clinic, seeking an exemption from licensure as a
 1156         health care clinic, or demonstrating compliance with
 1157         part X of chapter 400, Florida Statutes, with the
 1158         intent to use the license, exemption from licensure,
 1159         or demonstration of compliance to provide services or
 1160         seek reimbursement under a motor vehicle liability
 1161         insurance policy the Florida Motor Vehicle No-Fault
 1162         Law, commits a fraudulent insurance act, as defined in
 1163         s. 626.989, Florida Statutes. A person who presents a
 1164         claim for benefits under a motor vehicle insurance
 1165         policy, personal injury protection benefits knowing
 1166         that the payee knowingly submitted such health care
 1167         clinic application or document, commits insurance
 1168         fraud, as defined in s. 817.234, Florida Statutes.
 1169         Section 27. Paragraph (g) of subsection (1) of section
 1170  400.9935, Florida Statutes, is amended to read:
 1171         400.9935 Clinic responsibilities.—
 1172         (1) Each clinic shall appoint a medical director or clinic
 1173  director who shall agree in writing to accept legal
 1174  responsibility for the following activities on behalf of the
 1175  clinic. The medical director or the clinic director shall:
 1176         (g) Conduct systematic reviews of clinic billings to ensure
 1177  that the billings are not fraudulent or unlawful. Upon discovery
 1178  of an unlawful charge, the medical director or clinic director
 1179  shall take immediate corrective action. If the clinic performs
 1180  only the technical component of magnetic resonance imaging,
 1181  static radiographs, computed tomography, or positron emission
 1182  tomography, and provides the professional interpretation of such
 1183  services, in a fixed facility that is accredited by a national
 1184  accrediting organization that is approved by the Centers for
 1185  Medicare and Medicaid Services for magnetic resonance imaging
 1186  and advanced diagnostic imaging services and if, in the
 1187  preceding quarter, the percentage of scans performed by that
 1188  clinic which was billed to motor vehicle all personal injury
 1189  protection insurance carriers was less than 15 percent, the
 1190  chief financial officer of the clinic may, in a written
 1191  acknowledgment provided to the agency, assume the responsibility
 1192  for the conduct of the systematic reviews of clinic billings to
 1193  ensure that the billings are not fraudulent or unlawful.
 1194         Section 28. Subsection (28) of section 409.901, Florida
 1195  Statutes, is amended to read:
 1196         409.901 Definitions; ss. 409.901-409.920.—As used in ss.
 1197  409.901-409.920, except as otherwise specifically provided, the
 1198  term:
 1199         (28) “Third-party benefit” means any benefit that is or may
 1200  be available at any time through contract, court award,
 1201  judgment, settlement, agreement, or any arrangement between a
 1202  third party and any person or entity, including, without
 1203  limitation, a Medicaid recipient, a provider, another third
 1204  party, an insurer, or the agency, for any Medicaid-covered
 1205  injury, illness, goods, or services, including costs of medical
 1206  services related thereto, for bodily personal injury or for
 1207  death of the recipient, but specifically excluding policies of
 1208  life insurance policies on the recipient, unless available under
 1209  terms of the policy to pay medical expenses before prior to
 1210  death. The term includes, without limitation, collateral, as
 1211  defined in this section, health insurance, any benefit under a
 1212  health maintenance organization, a preferred provider
 1213  arrangement, a prepaid health clinic, liability insurance,
 1214  uninsured motorist insurance or personal injury protection
 1215  coverage, medical benefits under workers’ compensation, and any
 1216  obligation under law or equity to provide medical support.
 1217         Section 29. Paragraph (f) of subsection (11) of section
 1218  409.910, Florida Statutes, is amended to read:
 1219         409.910 Responsibility for payments on behalf of Medicaid
 1220  eligible persons when other parties are liable.—
 1221         (11) The agency may, as a matter of right, in order to
 1222  enforce its rights under this section, institute, intervene in,
 1223  or join any legal or administrative proceeding in its own name
 1224  in one or more of the following capacities: individually, as
 1225  subrogee of the recipient, as assignee of the recipient, or as
 1226  lienholder of the collateral.
 1227         (f) Notwithstanding any provision in this section to the
 1228  contrary, in the event of an action in tort against a third
 1229  party in which the recipient or his or her legal representative
 1230  is a party which results in a judgment, award, or settlement
 1231  from a third party, the amount recovered shall be distributed as
 1232  follows:
 1233         1. After attorney attorney’s fees and taxable costs as
 1234  defined by the Florida Rules of Civil Procedure, one-half of the
 1235  remaining recovery shall be paid to the agency up to the total
 1236  amount of medical assistance provided by Medicaid.
 1237         2. The remaining amount of the recovery shall be paid to
 1238  the recipient.
 1239         3. For purposes of calculating the agency’s recovery of
 1240  medical assistance benefits paid, the fee for services of an
 1241  attorney retained by the recipient or his or her legal
 1242  representative shall be calculated at 25 percent of the
 1243  judgment, award, or settlement.
 1244         4. Notwithstanding any other provision of this section to
 1245  the contrary, the agency shall be entitled to all medical
 1246  coverage benefits up to the total amount of medical assistance
 1247  provided by Medicaid. For purposes of this paragraph, the term
 1248  “medical coverage” means any benefits under health insurance, a
 1249  health maintenance organization, a preferred provider
 1250  arrangement, or a prepaid health clinic, and the portion of
 1251  benefits designated for medical payments under coverage for
 1252  workers’ compensation coverage, motor vehicle insurance
 1253  coverage, personal injury protection, and casualty coverage.
 1254         Section 30. Paragraph (k) of subsection (2) of section
 1255  456.057, Florida Statutes, is amended to read:
 1256         456.057 Ownership and control of patient records; report or
 1257  copies of records to be furnished; disclosure of information.—
 1258         (2) As used in this section, the terms “records owner,”
 1259  “health care practitioner,” and “health care practitioner’s
 1260  employer” do not include any of the following persons or
 1261  entities; furthermore, the following persons or entities are not
 1262  authorized to acquire or own medical records, but are authorized
 1263  under the confidentiality and disclosure requirements of this
 1264  section to maintain those documents required by the part or
 1265  chapter under which they are licensed or regulated:
 1266         (k) Persons or entities practicing under s. 627.736(7).
 1267         Section 31. Paragraphs (ee) and (ff) of subsection (1) of
 1268  section 456.072, Florida Statutes, are amended to read:
 1269         456.072 Grounds for discipline; penalties; enforcement.—
 1270         (1) The following acts shall constitute grounds for which
 1271  the disciplinary actions specified in subsection (2) may be
 1272  taken:
 1273         (ee) With respect to making a motor vehicle insurance
 1274  personal injury protection claim as required by s. 627.736,
 1275  intentionally submitting a claim, statement, or bill that has
 1276  been upcoded. As used in this paragraph, the term “upcoded”
 1277  means an action that submits a billing code that would result in
 1278  payment greater in amount than would be paid using a billing
 1279  code that accurately describes the services performed. The term
 1280  does not include an otherwise lawful bill by a magnetic
 1281  resonance imaging facility, which globally combines both
 1282  technical and professional components, if the amount of the
 1283  global bill is not more than the components if billed
 1284  separately; however, payment of such a bill constitutes payment
 1285  in full for all components of such service “upcoded” as defined
 1286  in s. 627.732.
 1287         (ff) With respect to making a motor vehicle insurance
 1288  personal injury protection claim as required by s. 627.736,
 1289  intentionally submitting a claim, statement, or bill for payment
 1290  of services that were not rendered.
 1291         Section 32. Paragraphs (i) and (o) of subsection (1) of
 1292  section 626.9541, Florida Statutes, are amended to read:
 1293         626.9541 Unfair methods of competition and unfair or
 1294  deceptive acts or practices defined.—
 1295         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
 1296  ACTS.—The following are defined as unfair methods of competition
 1297  and unfair or deceptive acts or practices:
 1298         (i) Unfair claim settlement practices.—
 1299         1. Attempting to settle claims on the basis of an
 1300  application, when serving as a binder or intended to become a
 1301  part of the policy, or any other material document which was
 1302  altered without notice to, or knowledge or consent of, the
 1303  insured;
 1304         2. A material misrepresentation made to an insured or any
 1305  other person having an interest in the proceeds payable under
 1306  such contract or policy, for the purpose and with the intent of
 1307  effecting settlement of such claims, loss, or damage under such
 1308  contract or policy on less favorable terms than those provided
 1309  in, and contemplated by, such contract or policy; or
 1310         3. Committing or performing with such frequency as to
 1311  indicate a general business practice any of the following:
 1312         a. Failing to adopt and implement standards for the proper
 1313  investigation of claims;
 1314         b. Misrepresenting pertinent facts or insurance policy
 1315  provisions relating to coverages at issue;
 1316         c. Failing to acknowledge and act promptly upon
 1317  communications with respect to claims;
 1318         d. Denying claims without conducting reasonable
 1319  investigations based upon available information;
 1320         e. Failing to affirm or deny full or partial coverage of
 1321  claims, and, as to partial coverage, the dollar amount or extent
 1322  of coverage, or failing to provide a written statement that the
 1323  claim is being investigated, upon the written request of the
 1324  insured within 30 days after proof-of-loss statements have been
 1325  completed;
 1326         f. Failing to promptly provide a reasonable explanation in
 1327  writing to the insured of the basis in the insurance policy, in
 1328  relation to the facts or applicable law, for denial of a claim
 1329  or for the offer of a compromise settlement;
 1330         g. Failing to promptly notify the insured of any additional
 1331  information necessary for the processing of a claim; or
 1332         h. Failing to clearly explain the nature of the requested
 1333  information and the reasons why such information is necessary.
 1334         i. Failing to pay personal injury protection insurance
 1335  claims within the time periods required by s. 627.736(4)(b). The
 1336  office may order the insurer to pay restitution to a
 1337  policyholder, medical provider, or other claimant, including
 1338  interest at a rate consistent with the amount set forth in s.
 1339  55.03(1), for the time period within which an insurer fails to
 1340  pay claims as required by law. Restitution is in addition to any
 1341  other penalties allowed by law, including, but not limited to,
 1342  the suspension of the insurer’s certificate of authority.
 1343         4. Failing to pay undisputed amounts of partial or full
 1344  benefits owed under first-party property insurance policies
 1345  within 90 days after an insurer receives notice of a residential
 1346  property insurance claim, determines the amounts of partial or
 1347  full benefits, and agrees to coverage, unless payment of the
 1348  undisputed benefits is prevented by an act of God, prevented by
 1349  the impossibility of performance, or due to actions by the
 1350  insured or claimant that constitute fraud, lack of cooperation,
 1351  or intentional misrepresentation regarding the claim for which
 1352  benefits are owed.
 1353         (o) Illegal dealings in premiums; excess or reduced charges
 1354  for insurance.—
 1355         1. Knowingly collecting any sum as a premium or charge for
 1356  insurance, which is not then provided, or is not in due course
 1357  to be provided, subject to acceptance of the risk by the
 1358  insurer, by an insurance policy issued by an insurer as
 1359  permitted by this code.
 1360         2. Knowingly collecting as a premium or charge for
 1361  insurance any sum in excess of or less than the premium or
 1362  charge applicable to such insurance, in accordance with the
 1363  applicable classifications and rates as filed with and approved
 1364  by the office, and as specified in the policy; or, in cases when
 1365  classifications, premiums, or rates are not required by this
 1366  code to be so filed and approved, premiums and charges collected
 1367  from a Florida resident in excess of or less than those
 1368  specified in the policy and as fixed by the insurer.
 1369  Notwithstanding any other provision of law, this provision shall
 1370  not be deemed to prohibit the charging and collection, by
 1371  surplus lines agents licensed under part VIII of this chapter,
 1372  of the amount of applicable state and federal taxes, or fees as
 1373  authorized by s. 626.916(4), in addition to the premium required
 1374  by the insurer or the charging and collection, by licensed
 1375  agents, of the exact amount of any discount or other such fee
 1376  charged by a credit card facility in connection with the use of
 1377  a credit card, as authorized by subparagraph (q)3., in addition
 1378  to the premium required by the insurer. This subparagraph shall
 1379  not be construed to prohibit collection of a premium for a
 1380  universal life or a variable or indeterminate value insurance
 1381  policy made in accordance with the terms of the contract.
 1382         3.a. Imposing or requesting an additional premium for
 1383  bodily injury liability coverage, property damage liability
 1384  coverage a policy of motor vehicle liability, personal injury
 1385  protection, medical payments coverage payment, or collision
 1386  coverage in a motor vehicle liability insurance policy insurance
 1387  or any combination thereof or refusing to renew the policy
 1388  solely because the insured was involved in a motor vehicle
 1389  accident unless the insurer’s file contains information from
 1390  which the insurer in good faith determines that the insured was
 1391  substantially at fault in the accident.
 1392         b. An insurer which imposes and collects such a surcharge
 1393  or which refuses to renew such policy shall, in conjunction with
 1394  the notice of premium due or notice of nonrenewal, notify the
 1395  named insured that he or she is entitled to reimbursement of
 1396  such amount or renewal of the policy under the conditions listed
 1397  below and will subsequently reimburse him or her or renew the
 1398  policy, if the named insured demonstrates that the operator
 1399  involved in the accident was:
 1400         (I) Lawfully parked;
 1401         (II) Reimbursed by, or on behalf of, a person responsible
 1402  for the accident or has a judgment against such person;
 1403         (III) Struck in the rear by another vehicle headed in the
 1404  same direction and was not convicted of a moving traffic
 1405  violation in connection with the accident;
 1406         (IV) Hit by a “hit-and-run” driver, if the accident was
 1407  reported to the proper authorities within 24 hours after
 1408  discovering the accident;
 1409         (V) Not convicted of a moving traffic violation in
 1410  connection with the accident, but the operator of the other
 1411  automobile involved in such accident was convicted of a moving
 1412  traffic violation;
 1413         (VI) Finally adjudicated not to be liable by a court of
 1414  competent jurisdiction;
 1415         (VII) In receipt of a traffic citation which was dismissed
 1416  or nolle prossed; or
 1417         (VIII) Not at fault as evidenced by a written statement
 1418  from the insured establishing facts demonstrating lack of fault
 1419  which are not rebutted by information in the insurer’s file from
 1420  which the insurer in good faith determines that the insured was
 1421  substantially at fault.
 1422         c. In addition to the other provisions of this
 1423  subparagraph, an insurer may not fail to renew a policy if the
 1424  insured has had only one accident in which he or she was at
 1425  fault within the current 3-year period. However, an insurer may
 1426  nonrenew a policy for reasons other than accidents in accordance
 1427  with s. 627.728. This subparagraph does not prohibit nonrenewal
 1428  of a policy under which the insured has had three or more
 1429  accidents, regardless of fault, during the most recent 3-year
 1430  period.
 1431         4. Imposing or requesting an additional premium for, or
 1432  refusing to renew, a policy for motor vehicle insurance solely
 1433  because the insured committed a noncriminal traffic infraction
 1434  as described in s. 318.14 unless the infraction is:
 1435         a. A second infraction committed within an 18-month period,
 1436  or a third or subsequent infraction committed within a 36-month
 1437  period.
 1438         b. A violation of s. 316.183, when such violation is a
 1439  result of exceeding the lawful speed limit by more than 15 miles
 1440  per hour.
 1441         5. Upon the request of the insured, the insurer and
 1442  licensed agent shall supply to the insured the complete proof of
 1443  fault or other criteria which justifies the additional charge or
 1444  cancellation.
 1445         6. No insurer shall impose or request an additional premium
 1446  for motor vehicle insurance, cancel or refuse to issue a policy,
 1447  or refuse to renew a policy because the insured or the applicant
 1448  is a handicapped or physically disabled person, so long as such
 1449  handicap or physical disability does not substantially impair
 1450  such person’s mechanically assisted driving ability.
 1451         7. No insurer may cancel or otherwise terminate any
 1452  insurance contract or coverage, or require execution of a
 1453  consent to rate endorsement, during the stated policy term for
 1454  the purpose of offering to issue, or issuing, a similar or
 1455  identical contract or coverage to the same insured with the same
 1456  exposure at a higher premium rate or continuing an existing
 1457  contract or coverage with the same exposure at an increased
 1458  premium.
 1459         8. No insurer may issue a nonrenewal notice on any
 1460  insurance contract or coverage, or require execution of a
 1461  consent to rate endorsement, for the purpose of offering to
 1462  issue, or issuing, a similar or identical contract or coverage
 1463  to the same insured at a higher premium rate or continuing an
 1464  existing contract or coverage at an increased premium without
 1465  meeting any applicable notice requirements.
 1466         9. No insurer shall, with respect to premiums charged for
 1467  motor vehicle insurance, unfairly discriminate solely on the
 1468  basis of age, sex, marital status, or scholastic achievement.
 1469         10. Imposing or requesting an additional premium for motor
 1470  vehicle comprehensive or uninsured motorist coverage solely
 1471  because the insured was involved in a motor vehicle accident or
 1472  was convicted of a moving traffic violation.
 1473         11. No insurer shall cancel or issue a nonrenewal notice on
 1474  any insurance policy or contract without complying with any
 1475  applicable cancellation or nonrenewal provision required under
 1476  the Florida Insurance Code.
 1477         12. No insurer shall impose or request an additional
 1478  premium, cancel a policy, or issue a nonrenewal notice on any
 1479  insurance policy or contract because of any traffic infraction
 1480  when adjudication has been withheld and no points have been
 1481  assessed pursuant to s. 318.14(9) and (10). However, this
 1482  subparagraph does not apply to traffic infractions involving
 1483  accidents in which the insurer has incurred a loss due to the
 1484  fault of the insured.
 1485         Section 33. Paragraph (a) of subsection (1) of section
 1486  626.989, Florida Statutes, is amended to read:
 1487         626.989 Investigation by department or Division of
 1488  Investigative and Forensic Services; compliance; immunity;
 1489  confidential information; reports to division; division
 1490  investigator’s power of arrest.—
 1491         (1) For the purposes of this section:
 1492         (a) A person commits a “fraudulent insurance act” if the
 1493  person:
 1494         1. Knowingly and with intent to defraud presents, causes to
 1495  be presented, or prepares with knowledge or belief that it will
 1496  be presented, to or by an insurer, self-insurer, self-insurance
 1497  fund, servicing corporation, purported insurer, broker, or any
 1498  agent thereof, any written statement as part of, or in support
 1499  of, an application for the issuance of, or the rating of, any
 1500  insurance policy, or a claim for payment or other benefit
 1501  pursuant to any insurance policy, which the person knows to
 1502  contain materially false information concerning any fact
 1503  material thereto or if the person conceals, for the purpose of
 1504  misleading another, information concerning any fact material
 1505  thereto.
 1506         2. Knowingly submits:
 1507         a. A false, misleading, or fraudulent application or other
 1508  document when applying for licensure as a health care clinic,
 1509  seeking an exemption from licensure as a health care clinic, or
 1510  demonstrating compliance with part X of chapter 400 with an
 1511  intent to use the license, exemption from licensure, or
 1512  demonstration of compliance to provide services or seek
 1513  reimbursement under a motor vehicle liability insurance policy
 1514  the Florida Motor Vehicle No-Fault Law.
 1515         b. A claim for payment or other benefit under a motor
 1516  vehicle pursuant to a personal injury protection insurance
 1517  policy under the Florida Motor Vehicle No-Fault Law if the
 1518  person knows that the payee knowingly submitted a false,
 1519  misleading, or fraudulent application or other document when
 1520  applying for licensure as a health care clinic, seeking an
 1521  exemption from licensure as a health care clinic, or
 1522  demonstrating compliance with part X of chapter 400.
 1523         Section 34. Subsection (1) of section 627.06501, Florida
 1524  Statutes, is amended to read:
 1525         627.06501 Insurance discounts for certain persons
 1526  completing driver improvement course.—
 1527         (1) Any rate, rating schedule, or rating manual for the
 1528  bodily injury and property damage liability coverage, personal
 1529  injury protection, and collision coverages of a motor vehicle
 1530  insurance policy filed with the office may provide for an
 1531  appropriate reduction in premium charges as to such coverages if
 1532  when the principal operator on the covered vehicle has
 1533  successfully completed a driver improvement course approved and
 1534  certified by the Department of Highway Safety and Motor Vehicles
 1535  which is effective in reducing crash or violation rates, or
 1536  both, as determined pursuant to s. 318.1451(5). Any discount,
 1537  not to exceed 10 percent, used by an insurer is presumed to be
 1538  appropriate unless credible data demonstrates otherwise.
 1539         Section 35. Subsection (1) of section 627.0652, Florida
 1540  Statutes, is amended to read:
 1541         627.0652 Insurance discounts for certain persons completing
 1542  safety course.—
 1543         (1) Any rates, rating schedules, or rating manuals for the
 1544  bodily injury and property damage liability coverage, personal
 1545  injury protection, and collision coverages of a motor vehicle
 1546  insurance policy filed with the office must shall provide for an
 1547  appropriate reduction in premium charges as to such coverages if
 1548  when the principal operator on the covered vehicle is an insured
 1549  55 years of age or older who has successfully completed a motor
 1550  vehicle accident prevention course approved by the Department of
 1551  Highway Safety and Motor Vehicles. Any discount used by an
 1552  insurer is presumed to be appropriate unless credible data
 1553  demonstrates otherwise.
 1554         Section 36. Subsections (1), (3), and (6) of section
 1555  627.0653, Florida Statutes, are amended to read:
 1556         627.0653 Insurance discounts for specified motor vehicle
 1557  equipment.—
 1558         (1) Any rates, rating schedules, or rating manuals for the
 1559  bodily injury and property damage liability coverage, personal
 1560  injury protection, and collision coverages of a motor vehicle
 1561  insurance policy filed with the office must shall provide a
 1562  premium discount if the insured vehicle is equipped with
 1563  factory-installed, four-wheel antilock brakes.
 1564         (3) Any rates, rating schedules, or rating manuals for the
 1565  bodily injury liability personal injury protection coverage and
 1566  medical payments coverage, if offered, of a motor vehicle
 1567  insurance policy filed with the office must shall provide a
 1568  premium discount if the insured vehicle is equipped with one or
 1569  more air bags that which are factory installed.
 1570         (6) The Office of Insurance Regulation may approve a
 1571  premium discount to any rates, rating schedules, or rating
 1572  manuals for the bodily injury and property damage liability
 1573  coverage, personal injury protection, and collision coverages of
 1574  a motor vehicle insurance policy filed with the office if the
 1575  insured vehicle is equipped with autonomous driving technology
 1576  or electronic vehicle collision avoidance technology that is
 1577  factory installed or a retrofitted system and that complies with
 1578  National Highway Traffic Safety Administration standards.
 1579         Section 37. Section 627.4132, Florida Statutes, is amended
 1580  to read:
 1581         627.4132 Stacking of coverages prohibited.—If an insured or
 1582  named insured is protected by any type of motor vehicle
 1583  insurance policy for bodily injury and property damage
 1584  liability, personal injury protection, or other coverage, the
 1585  policy must shall provide that the insured or named insured is
 1586  protected only to the extent of the coverage she or he has on
 1587  the vehicle involved in the accident. However, if none of the
 1588  insured’s or named insured’s vehicles are is involved in the
 1589  accident, coverage is available only to the extent of coverage
 1590  on any one of the vehicles with applicable coverage. Coverage on
 1591  any other vehicles may shall not be added to or stacked upon
 1592  that coverage. This section does not apply:
 1593         (1) To uninsured motorist coverage that which is separately
 1594  governed by s. 627.727.
 1595         (2) To reduce the coverage available by reason of insurance
 1596  policies insuring different named insureds.
 1597         Section 38. Section 627.7263, Florida Statutes, is amended
 1598  to read:
 1599         627.7263 Rental and leasing driver’s insurance to be
 1600  primary; exception.—
 1601         (1) The valid and collectible bodily injury and property
 1602  damage liability insurance or personal injury protection
 1603  insurance providing coverage for the lessor of a motor vehicle
 1604  for rent or lease is primary unless otherwise stated in at least
 1605  10-point type on the face of the rental or lease agreement. Such
 1606  insurance is primary for the limits of liability and personal
 1607  injury protection coverage as required by s. 324.021(7) ss.
 1608  324.021(7) and 627.736.
 1609         (2) If the lessee’s coverage is to be primary, the rental
 1610  or lease agreement must contain the following language, in at
 1611  least 10-point type:
 1612  
 1613         “The valid and collectible bodily injury and property
 1614         damage liability insurance and personal injury
 1615         protection insurance of an any authorized rental or
 1616         leasing driver is primary for the limits of liability
 1617         and personal injury protection coverage required under
 1618         s. 324.021(7) by ss. 324.021(7) and 627.736, Florida
 1619         Statutes.”
 1620         Section 39. Subsections (1) and (7) of section 627.727,
 1621  Florida Statutes, are amended, and present subsections (8), (9),
 1622  and (10) of that section are redesignated as subsections (7),
 1623  (8), and (9), respectively, to read:
 1624         627.727 Motor vehicle insurance; uninsured and underinsured
 1625  vehicle coverage; insolvent insurer protection.—
 1626         (1) A No motor vehicle liability insurance policy that
 1627  which provides bodily injury liability coverage may not shall be
 1628  delivered or issued for delivery in this state with respect to
 1629  any specifically insured or identified motor vehicle registered
 1630  or principally garaged in this state, unless uninsured motor
 1631  vehicle coverage is provided therein or supplemental thereto for
 1632  the protection of persons insured thereunder who are legally
 1633  entitled to recover damages from owners or operators of
 1634  uninsured motor vehicles because of bodily injury, sickness, or
 1635  disease, including death, resulting therefrom. However, the
 1636  coverage required under this section is not applicable if when,
 1637  or to the extent that, an insured named in the policy makes a
 1638  written rejection of the coverage on behalf of all insureds
 1639  under the policy. If When a motor vehicle is leased for a period
 1640  of 1 year or longer and the lessor of such vehicle, by the terms
 1641  of the lease contract, provides liability coverage on the leased
 1642  vehicle, the lessee of such vehicle has shall have the sole
 1643  privilege to reject uninsured motorist coverage or to select
 1644  lower limits than the bodily injury liability limits, regardless
 1645  of whether the lessor is qualified as a self-insurer pursuant to
 1646  s. 324.171. Unless an insured, or lessee having the privilege of
 1647  rejecting uninsured motorist coverage, requests such coverage or
 1648  requests higher uninsured motorist limits in writing, the
 1649  coverage or such higher uninsured motorist limits need not be
 1650  provided in or supplemental to any other policy which renews,
 1651  extends, changes, supersedes, or replaces an existing policy
 1652  with the same bodily injury liability limits when an insured or
 1653  lessee had rejected the coverage. When an insured or lessee has
 1654  initially selected limits of uninsured motorist coverage lower
 1655  than her or his bodily injury liability limits, higher limits of
 1656  uninsured motorist coverage need not be provided in or
 1657  supplemental to any other policy that which renews, extends,
 1658  changes, supersedes, or replaces an existing policy with the
 1659  same bodily injury liability limits unless an insured requests
 1660  higher uninsured motorist coverage in writing. The rejection or
 1661  selection of lower limits must shall be made on a form approved
 1662  by the office. The form must shall fully advise the applicant of
 1663  the nature of the coverage and must shall state that the
 1664  coverage is equal to bodily injury liability limits unless lower
 1665  limits are requested or the coverage is rejected. The heading of
 1666  the form must shall be in 12-point bold type and must shall
 1667  state: “You are electing not to purchase certain valuable
 1668  coverage that which protects you and your family or you are
 1669  purchasing uninsured motorist limits less than your bodily
 1670  injury liability limits when you sign this form. Please read
 1671  carefully.” If this form is signed by a named insured, it will
 1672  be conclusively presumed that there was an informed, knowing
 1673  rejection of coverage or election of lower limits on behalf of
 1674  all insureds. The insurer shall notify the named insured at
 1675  least annually of her or his options as to the coverage required
 1676  by this section. Such notice must shall be part of, and attached
 1677  to, the notice of premium, must shall provide for a means to
 1678  allow the insured to request such coverage, and must shall be
 1679  given in a manner approved by the office. Receipt of this notice
 1680  does not constitute an affirmative waiver of the insured’s right
 1681  to uninsured motorist coverage if where the insured has not
 1682  signed a selection or rejection form. The coverage described
 1683  under this section must shall be over and above, but may shall
 1684  not duplicate, the benefits available to an insured under any
 1685  workers’ compensation law, personal injury protection benefits,
 1686  disability benefits law, or similar law; under any automobile
 1687  medical payments expense coverage; under any motor vehicle
 1688  liability insurance coverage; or from the owner or operator of
 1689  the uninsured motor vehicle or any other person or organization
 1690  jointly or severally liable together with such owner or operator
 1691  for the accident; and such coverage must shall cover the
 1692  difference, if any, between the sum of such benefits and the
 1693  damages sustained, up to the maximum amount of such coverage
 1694  provided under this section. The amount of coverage available
 1695  under this section may shall not be reduced by a setoff against
 1696  any coverage, including liability insurance. Such coverage does
 1697  shall not inure directly or indirectly to the benefit of any
 1698  workers’ compensation or disability benefits carrier or any
 1699  person or organization qualifying as a self-insurer under any
 1700  workers’ compensation or disability benefits law or similar law.
 1701         (7) The legal liability of an uninsured motorist coverage
 1702  insurer does not include damages in tort for pain, suffering,
 1703  mental anguish, and inconvenience unless the injury or disease
 1704  is described in one or more of paragraphs (a)-(d) of s.
 1705  627.737(2).
 1706         Section 40. Section 627.7275, Florida Statutes, is amended
 1707  to read:
 1708         627.7275 Motor vehicle liability; bad faith actions;
 1709  insurer liability; requirements and construction.—
 1710         (1) A motor vehicle insurance policy providing personal
 1711  injury protection as set forth in s. 627.736 may not be
 1712  delivered or issued for delivery in this state for a with
 1713  respect to any specifically insured or identified motor vehicle
 1714  registered or principally garaged in this state must provide
 1715  bodily injury liability coverage and unless the policy also
 1716  provides coverage for property damage liability coverage as
 1717  required under by s. 324.022.
 1718         (2)(a) Insurers writing motor vehicle insurance in this
 1719  state shall make available, subject to the insurers’ usual
 1720  underwriting restrictions:
 1721         1. Coverage under policies as described in subsection (1)
 1722  to an applicant for private passenger motor vehicle insurance
 1723  coverage who is seeking the coverage in order to reinstate the
 1724  applicant’s driving privileges in this state if the driving
 1725  privileges were revoked or suspended pursuant to s. 316.646 or
 1726  s. 324.0221 due to the failure of the applicant to maintain
 1727  required security.
 1728         2. Coverage under policies as described in subsection (1),
 1729  which includes bodily injury also provides liability coverage
 1730  and property damage liability coverage for bodily injury, death,
 1731  and property damage arising out of the ownership, maintenance,
 1732  or use of the motor vehicle in an amount not less than the
 1733  minimum limits required under described in s. 324.021(7) or s.
 1734  324.023 and which conforms to the requirements of s. 324.151, to
 1735  an applicant for private passenger motor vehicle insurance
 1736  coverage who is seeking the coverage in order to reinstate the
 1737  applicant’s driving privileges in this state after such
 1738  privileges were revoked or suspended under s. 316.193 or s.
 1739  322.26(2) for driving under the influence.
 1740         (b) The policies described in paragraph (a) must shall be
 1741  issued for at least 6 months and, as to the minimum coverages
 1742  required under this section, may not be canceled by the insured
 1743  for any reason or by the insurer after 60 days, during which
 1744  period the insurer is completing the underwriting of the policy.
 1745  After the insurer has completed underwriting the policy, the
 1746  insurer shall notify the Department of Highway Safety and Motor
 1747  Vehicles that the policy is in full force and effect and is not
 1748  cancelable for the remainder of the policy period. A premium
 1749  must shall be collected and the coverage is in effect for the
 1750  60-day period during which the insurer is completing the
 1751  underwriting of the policy, whether or not the person’s driver
 1752  license, motor vehicle tag, and motor vehicle registration are
 1753  in effect. Once the noncancelable provisions of the policy
 1754  become effective, the bodily injury liability and property
 1755  damage liability coverages for bodily injury, property damage,
 1756  and personal injury protection may not be reduced below the
 1757  minimum limits required under s. 324.021 or s. 324.023 during
 1758  the policy period.
 1759         (c) This subsection controls to the extent of any conflict
 1760  with any other section.
 1761         (d) An insurer issuing a policy subject to this section may
 1762  cancel the policy if, during the policy term, the named insured,
 1763  or any other operator who resides in the same household or
 1764  customarily operates an automobile insured under the policy, has
 1765  his or her driver license suspended or revoked.
 1766         (e) This subsection does not require an insurer to offer a
 1767  policy of insurance to an applicant if such offer would be
 1768  inconsistent with the insurer’s underwriting guidelines and
 1769  procedures.
 1770         (3)(a)As a condition precedent to a statutory or common
 1771  law action for a bad faith failure to settle a motor vehicle
 1772  liability claim, the insured, claimant, or the representative of
 1773  the insured or claimant must provide the insurer with a written
 1774  notice of loss. If the motor vehicle liability insurer complies
 1775  with a request for a disclosure statement described in s.
 1776  627.4137, and, within 45 days after receipt of the written
 1777  notice of loss, offers to pay the claimant the lesser of the
 1778  amount the claimant is willing to accept or the limits of the
 1779  motor vehicle liability coverage applicable to the claimant’s
 1780  claim in exchange for full release of the insureds from any
 1781  liability arising from the incident and the notice of loss, the
 1782  insurer does not violate the duty to attempt in good faith to
 1783  settle the claim and is not liable for a bad faith failure to
 1784  settle under this section or under the common law.
 1785         (b)In evaluating whether the insurer attempted in good
 1786  faith to settle the claim when, under the totality of the
 1787  circumstances, it could have and should have done so had it
 1788  acted fairly and honestly toward its insured and with due regard
 1789  for his or her interests, the trier of fact must also consider
 1790  whether the insured, claimant, or representative of the insured
 1791  or claimant made good faith efforts to cooperate with the
 1792  insurer in the investigation of the claim.
 1793         (c)If two or more third-party claimants in a motor vehicle
 1794  liability claim make competing claims arising out of a single
 1795  occurrence which in total exceed the available policy limits of
 1796  one or more of the insured parties who may be liable to the
 1797  third-party claimants, an insurer is not liable beyond the
 1798  available policy limits for failure to pay all or any portion of
 1799  the available policy limits to one or more of the third-party
 1800  claimants, if, within 90 days after receiving notice of the
 1801  competing claims in excess of the available policy limits, the
 1802  insurer files an interpleader action under the Florida Rules of
 1803  Civil Procedure. The claims of the competing third-party
 1804  claimants are entitled to a prorated share of the policy limits
 1805  as determined by the trier of fact. An insurer’s interpleader
 1806  action does not alter or amend the insurer’s obligation to
 1807  defend its insured.
 1808         Section 41. Paragraph (a) of subsection (1) of section
 1809  627.728, Florida Statutes, is amended to read:
 1810         627.728 Cancellations; nonrenewals.—
 1811         (1) As used in this section, the term:
 1812         (a) “Policy” means the bodily injury and property damage
 1813  liability, personal injury protection, medical payments,
 1814  comprehensive, collision, and uninsured motorist coverage
 1815  portions of a policy of motor vehicle insurance delivered or
 1816  issued for delivery in this state:
 1817         1. Insuring a natural person as named insured or one or
 1818  more related individuals who are residents resident of the same
 1819  household; and
 1820         2. Insuring only a motor vehicle of the private passenger
 1821  type or station wagon type which is not used as a public or
 1822  livery conveyance for passengers or rented to others; or
 1823  insuring any other four-wheel motor vehicle having a load
 1824  capacity of 1,500 pounds or less which is not used in the
 1825  occupation, profession, or business of the insured other than
 1826  farming; other than any policy issued under an automobile
 1827  insurance assigned risk plan or covering garage, automobile
 1828  sales agency, repair shop, service station, or public parking
 1829  place operation hazards.
 1830  
 1831  The term “policy” does not include a binder as defined in s.
 1832  627.420 unless the duration of the binder period exceeds 60
 1833  days.
 1834         Section 42. Subsection (1), paragraph (a) of subsection
 1835  (5), and subsections (6) and (7) of section 627.7295, Florida
 1836  Statutes, are amended to read:
 1837         627.7295 Motor vehicle insurance contracts.—
 1838         (1) As used in this section, the term:
 1839         (a) “Policy” means a motor vehicle insurance policy that
 1840  provides bodily injury liability personal injury protection
 1841  coverage, property damage liability coverage, or both.
 1842         (b) “Binder” means a binder that provides motor vehicle
 1843  bodily injury liability coverage, personal injury protection and
 1844  property damage liability coverage.
 1845         (5)(a) A licensed general lines agent may charge a per
 1846  policy fee up to not to exceed $10 to cover the administrative
 1847  costs of the agent associated with selling the motor vehicle
 1848  insurance policy if the policy covers only bodily injury
 1849  liability coverage personal injury protection coverage as
 1850  provided by s. 627.736 and property damage liability coverage as
 1851  provided by s. 627.7275 and if no other insurance is sold or
 1852  issued in conjunction with or collateral to the policy. The fee
 1853  is not considered part of the premium.
 1854         (6) If a motor vehicle owner’s driver license, license
 1855  plate, and registration have previously been suspended pursuant
 1856  to s. 316.646 or s. 627.733, an insurer may cancel a new policy
 1857  only as provided in s. 627.7275.
 1858         (7) A policy of private passenger motor vehicle insurance
 1859  or a binder for such a policy may be initially issued in this
 1860  state only if, before the effective date of such binder or
 1861  policy, the insurer or agent has collected from the insured an
 1862  amount equal to 2 months’ premium from the insured. An insurer,
 1863  agent, or premium finance company may not, directly or
 1864  indirectly, take any action that results resulting in the
 1865  insured paying having paid from the insured’s own funds an
 1866  amount less than the 2 months’ premium required by this
 1867  subsection. This subsection applies without regard to whether
 1868  the premium is financed by a premium finance company or is paid
 1869  pursuant to a periodic payment plan of an insurer or an
 1870  insurance agent.
 1871         (a) This subsection does not apply:
 1872         1. If an insured or member of the insured’s family is
 1873  renewing or replacing a policy or a binder for such policy
 1874  written by the same insurer or a member of the same insurer
 1875  group. This subsection does not apply
 1876         2. To an insurer that issues private passenger motor
 1877  vehicle coverage primarily to active duty or former military
 1878  personnel or their dependents. This subsection does not apply
 1879         3. If all policy payments are paid pursuant to a payroll
 1880  deduction plan, an automatic electronic funds transfer payment
 1881  plan from the policyholder, or a recurring credit card or debit
 1882  card agreement with the insurer.
 1883         (b) This subsection and subsection (4) do not apply if:
 1884         1. All policy payments to an insurer are paid pursuant to
 1885  an automatic electronic funds transfer payment plan from an
 1886  agent, a managing general agent, or a premium finance company
 1887  and if the policy includes, at a minimum, bodily injury
 1888  liability coverage and personal injury protection pursuant to
 1889  ss. 627.730-627.7405; motor vehicle property damage liability
 1890  coverage pursuant to s. 627.7275; or and bodily injury liability
 1891  in at least the amount of $10,000 because of bodily injury to,
 1892  or death of, one person in any one accident and in the amount of
 1893  $20,000 because of bodily injury to, or death of, two or more
 1894  persons in any one accident. This subsection and subsection (4)
 1895  do not apply if
 1896         2. An insured has had a policy in effect for at least 6
 1897  months, the insured’s agent is terminated by the insurer that
 1898  issued the policy, and the insured obtains coverage on the
 1899  policy’s renewal date with a new company through the terminated
 1900  agent.
 1901         Section 43. Subsections (1) and (2) of section 627.7415,
 1902  Florida Statutes, are amended to read:
 1903         627.7415 Commercial motor vehicles; additional liability
 1904  insurance coverage.—Commercial motor vehicles, as defined in s.
 1905  207.002 or s. 320.01, operated upon the roads and highways of
 1906  this state shall be insured with the following minimum levels of
 1907  combined bodily liability insurance and property damage
 1908  liability insurance under subsections (1) and (2) in addition to
 1909  any other insurance requirements.:
 1910         (1) Fifty thousand dollars per occurrence For a commercial
 1911  motor vehicle with a gross vehicle weight of 26,000 pounds or
 1912  more, but less than 35,000 pounds:
 1913         (a) Beginning January 1, 2019, through December 31, 2020,
 1914  no less than $50,000 per occurrence.
 1915         (b) Beginning January 1, 2021, through December 31, 2022,
 1916  no less than $60,000 per occurrence.
 1917         (c) Beginning January 1, 2023, and thereafter, no less than
 1918  $70,000 per occurrence.
 1919         (2) One hundred thousand dollars per occurrence For a
 1920  commercial motor vehicle with a gross vehicle weight of 35,000
 1921  pounds or more, but less than 44,000 pounds:
 1922         (a) Beginning January 1, 2019, through December 31, 2020,
 1923  no less than $100,000 per occurrence.
 1924         (b) Beginning January 1, 2021, through December 31, 2022,
 1925  no less than $120,000 per occurrence.
 1926         (c) Beginning January 1, 2023, and thereafter, no less than
 1927  $140,000 per occurrence.
 1928  
 1929  A violation of this section is a noncriminal traffic infraction,
 1930  punishable as a nonmoving violation as provided in chapter 318.
 1931         Section 44. Section 627.8405, Florida Statutes, is amended
 1932  to read:
 1933         627.8405 Prohibited acts; financing companies.—A No premium
 1934  finance company shall, in a premium finance agreement or other
 1935  agreement, may not finance the cost of or otherwise provide for
 1936  the collection or remittance of dues, assessments, fees, or
 1937  other periodic payments of money for the cost of:
 1938         (1) A membership in an automobile club. The term
 1939  “automobile club” means a legal entity that which, in
 1940  consideration of dues, assessments, or periodic payments of
 1941  money, promises its members or subscribers to assist them in
 1942  matters relating to the ownership, operation, use, or
 1943  maintenance of a motor vehicle; however, the term this
 1944  definition of “automobile club” does not include persons,
 1945  associations, or corporations which are organized and operated
 1946  solely for the purpose of conducting, sponsoring, or sanctioning
 1947  motor vehicle races, exhibitions, or contests upon racetracks,
 1948  or upon racecourses established and marked as such for the
 1949  duration of such particular events. The term words “motor
 1950  vehicle” used herein has have the same meaning as defined in
 1951  chapter 320.
 1952         (2) An accidental death and dismemberment policy sold in
 1953  combination with a policy providing only bodily injury liability
 1954  coverage personal injury protection and property damage
 1955  liability coverage only policy.
 1956         (3) Any product not regulated under the provisions of this
 1957  insurance code.
 1958  
 1959  This section also applies to premium financing by any insurance
 1960  agent or insurance company under part XVI. The commission shall
 1961  adopt rules to assure disclosure, at the time of sale, of
 1962  coverages financed with personal injury protection and shall
 1963  prescribe the form of such disclosure.
 1964         Section 45. Subsection (1) of section 627.915, Florida
 1965  Statutes, is amended to read:
 1966         627.915 Insurer experience reporting.—
 1967         (1) Each insurer transacting private passenger automobile
 1968  insurance in this state shall report certain information
 1969  annually to the office. The information will be due on or before
 1970  July 1 of each year. The information must shall be divided into
 1971  the following categories: bodily injury liability; property
 1972  damage liability; uninsured motorist; personal injury protection
 1973  benefits; medical payments; and comprehensive and collision. The
 1974  information given must shall be on direct insurance writings in
 1975  the state alone and shall represent total limits data. The
 1976  information set forth in paragraphs (a)-(f) is applicable to
 1977  voluntary private passenger and Joint Underwriting Association
 1978  private passenger writings and must shall be reported for each
 1979  of the latest 3 calendar-accident years, with an evaluation date
 1980  of March 31 of the current year. The information set forth in
 1981  paragraphs (g)-(j) is applicable to voluntary private passenger
 1982  writings and must shall be reported on a calendar-accident year
 1983  basis ultimately seven times at seven different stages of
 1984  development.
 1985         (a) Premiums earned for the latest 3 calendar-accident
 1986  years.
 1987         (b) Loss development factors and the historic development
 1988  of those factors.
 1989         (c) Policyholder dividends incurred.
 1990         (d) Expenses for other acquisition and general expense.
 1991         (e) Expenses for agents’ commissions and taxes, licenses,
 1992  and fees.
 1993         (f) Profit and contingency factors as utilized in the
 1994  insurer’s automobile rate filings for the applicable years.
 1995         (g) Losses paid.
 1996         (h) Losses unpaid.
 1997         (i) Loss adjustment expenses paid.
 1998         (j) Loss adjustment expenses unpaid.
 1999         Section 46. Subsections (2) and (3) of section 628.909,
 2000  Florida Statutes, are amended to read:
 2001         628.909 Applicability of other laws.—
 2002         (2) The following provisions of the Florida Insurance Code
 2003  apply to captive insurance companies who are not industrial
 2004  insured captive insurance companies to the extent that such
 2005  provisions are not inconsistent with this part:
 2006         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 2007  624.40851, 624.4095, 624.411, 624.425, and 624.426.
 2008         (b) Chapter 625, part II.
 2009         (c) Chapter 626, part IX.
 2010         (d) Sections 627.730-627.7405, when no-fault coverage is
 2011  provided.
 2012         (e) Chapter 628.
 2013         (3) The following provisions of the Florida Insurance Code
 2014  shall apply to industrial insured captive insurance companies to
 2015  the extent that such provisions are not inconsistent with this
 2016  part:
 2017         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 2018  624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1).
 2019         (b) Chapter 625, part II, if the industrial insured captive
 2020  insurance company is incorporated in this state.
 2021         (c) Chapter 626, part IX.
 2022         (d) Sections 627.730-627.7405 when no-fault coverage is
 2023  provided.
 2024         (e) Chapter 628, except for ss. 628.341, 628.351, and
 2025  628.6018.
 2026         Section 47. Subsections (2), (6), and (7) of section
 2027  705.184, Florida Statutes, are amended to read:
 2028         705.184 Derelict or abandoned motor vehicles on the
 2029  premises of public-use airports.—
 2030         (2) The airport director or the director’s designee shall
 2031  contact the Department of Highway Safety and Motor Vehicles to
 2032  notify that department that the airport has possession of the
 2033  abandoned or derelict motor vehicle and to determine the name
 2034  and address of the owner of the motor vehicle, the insurance
 2035  company insuring the motor vehicle, notwithstanding the
 2036  provisions of s. 627.736, and any person who has filed a lien on
 2037  the motor vehicle. Within 7 business days after receipt of the
 2038  information, the director or the director’s designee shall send
 2039  notice by certified mail, return receipt requested, to the owner
 2040  of the motor vehicle, the insurance company insuring the motor
 2041  vehicle, notwithstanding the provisions of s. 627.736, and all
 2042  persons of record claiming a lien against the motor vehicle. The
 2043  notice must shall state the fact of possession of the motor
 2044  vehicle, that charges for reasonable towing, storage, and
 2045  parking fees, if any, have accrued and the amount thereof, that
 2046  a lien as provided in subsection (6) will be claimed, that the
 2047  lien is subject to enforcement pursuant to law, that the owner
 2048  or lienholder, if any, has the right to a hearing as set forth
 2049  in subsection (4), and that any motor vehicle which, at the end
 2050  of 30 calendar days after receipt of the notice, has not been
 2051  removed from the airport upon payment in full of all accrued
 2052  charges for reasonable towing, storage, and parking fees, if
 2053  any, may be disposed of as provided in s. 705.182(2)(a), (b),
 2054  (d), or (e), including, but not limited to, the motor vehicle
 2055  being sold free of all prior liens after 35 calendar days after
 2056  the time the motor vehicle is stored if any prior liens on the
 2057  motor vehicle are more than 5 years of age or after 50 calendar
 2058  days after the time the motor vehicle is stored if any prior
 2059  liens on the motor vehicle are 5 years of age or less.
 2060         (6) The airport pursuant to this section or, if used, a
 2061  licensed independent wrecker company pursuant to s. 713.78 shall
 2062  have a lien on an abandoned or derelict motor vehicle for all
 2063  reasonable towing, storage, and accrued parking fees, if any,
 2064  except that no storage fee may shall be charged if the motor
 2065  vehicle is stored less than 6 hours. As a prerequisite to
 2066  perfecting a lien under this section, the airport director or
 2067  the director’s designee must serve a notice in accordance with
 2068  subsection (2) on the owner of the motor vehicle, the insurance
 2069  company insuring the motor vehicle, notwithstanding the
 2070  provisions of s. 627.736, and all persons of record claiming a
 2071  lien against the motor vehicle. If attempts to notify the owner,
 2072  the insurance company insuring the motor vehicle,
 2073  notwithstanding the provisions of s. 627.736, or lienholders are
 2074  not successful, the requirement of notice by mail shall be
 2075  considered met. Serving of the notice does not dispense with
 2076  recording the claim of lien.
 2077         (7)(a) For the purpose of perfecting its lien under this
 2078  section, the airport shall record a claim of lien which states
 2079  shall state:
 2080         1. The name and address of the airport.
 2081         2. The name of the owner of the motor vehicle, the
 2082  insurance company insuring the motor vehicle, notwithstanding
 2083  the provisions of s. 627.736, and all persons of record claiming
 2084  a lien against the motor vehicle.
 2085         3. The costs incurred from reasonable towing, storage, and
 2086  parking fees, if any.
 2087         4. A description of the motor vehicle sufficient for
 2088  identification.
 2089         (b) The claim of lien must shall be signed and sworn to or
 2090  affirmed by the airport director or the director’s designee.
 2091         (c) The claim of lien is shall be sufficient if it is in
 2092  substantially the following form:
 2093  
 2094                            CLAIM OF LIEN                          
 2095  State of ........
 2096  County of ........
 2097  Before me, the undersigned notary public, personally appeared
 2098  ........, who was duly sworn and says that he/she is the
 2099  ........ of ............, whose address is........; and that the
 2100  following described motor vehicle:
 2101  ...(Description of motor vehicle)...
 2102  owned by ........, whose address is ........, has accrued
 2103  $........ in fees for a reasonable tow, for storage, and for
 2104  parking, if applicable; that the lienor served its notice to the
 2105  owner, the insurance company insuring the motor vehicle
 2106  notwithstanding the provisions of s. 627.736, Florida Statutes,
 2107  and all persons of record claiming a lien against the motor
 2108  vehicle on ...., ...(year)..., by.........
 2109  ...(Signature)...
 2110  Sworn to (or affirmed) and subscribed before me this .... day of
 2111  ...., ...(year)..., by ...(name of person making statement)....
 2112  ...(Signature of Notary Public)......(Print, Type, or Stamp
 2113  Commissioned name of Notary Public)...
 2114  Personally Known....OR Produced....as identification.
 2115  
 2116  However, the negligent inclusion or omission of any information
 2117  in this claim of lien which does not prejudice the owner does
 2118  not constitute a default that operates to defeat an otherwise
 2119  valid lien.
 2120         (d) The claim of lien must shall be served on the owner of
 2121  the motor vehicle, the insurance company insuring the motor
 2122  vehicle, notwithstanding the provisions of s. 627.736, and all
 2123  persons of record claiming a lien against the motor vehicle. If
 2124  attempts to notify the owner, the insurance company insuring the
 2125  motor vehicle notwithstanding the provisions of s. 627.736, or
 2126  lienholders are not successful, the requirement of notice by
 2127  mail shall be considered met. The claim of lien must shall be so
 2128  served before recordation.
 2129         (e) The claim of lien must shall be recorded with the clerk
 2130  of court in the county where the airport is located. The
 2131  recording of the claim of lien shall be constructive notice to
 2132  all persons of the contents and effect of such claim. The lien
 2133  attaches shall attach at the time of recordation and takes shall
 2134  take priority as of that time.
 2135         Section 48. Subsection (4) of section 713.78, Florida
 2136  Statutes, is amended to read:
 2137         713.78 Liens for recovering, towing, or storing vehicles
 2138  and vessels.—
 2139         (4)(a) Any person regularly engaged in the business of
 2140  recovering, towing, or storing vehicles or vessels who comes
 2141  into possession of a vehicle or vessel pursuant to subsection
 2142  (2), and who claims a lien for recovery, towing, or storage
 2143  services, shall give notice to the registered owner, the
 2144  insurance company insuring the vehicle notwithstanding the
 2145  provisions of s. 627.736, and to all persons claiming a lien
 2146  thereon, as disclosed by the records in the Department of
 2147  Highway Safety and Motor Vehicles or as disclosed by the records
 2148  of any corresponding agency in any other state in which the
 2149  vehicle is identified through a records check of the National
 2150  Motor Vehicle Title Information System or an equivalent
 2151  commercially available system as being titled or registered.
 2152         (b) If a Whenever any law enforcement agency authorizes the
 2153  removal of a vehicle or vessel or if a whenever any towing
 2154  service, garage, repair shop, or automotive service, storage, or
 2155  parking place notifies the law enforcement agency of possession
 2156  of a vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
 2157  enforcement agency of the jurisdiction where the vehicle or
 2158  vessel is stored shall contact the Department of Highway Safety
 2159  and Motor Vehicles, or the appropriate agency of the state of
 2160  registration, if known, within 24 hours through the medium of
 2161  electronic communications, giving the full description of the
 2162  vehicle or vessel. Upon receipt of the full description of the
 2163  vehicle or vessel, the department shall search its files to
 2164  determine the owner’s name, the insurance company insuring the
 2165  vehicle or vessel, and whether any person has filed a lien upon
 2166  the vehicle or vessel as provided in s. 319.27(2) and (3) and
 2167  notify the applicable law enforcement agency within 72 hours.
 2168  The person in charge of the towing service, garage, repair shop,
 2169  or automotive service, storage, or parking place shall obtain
 2170  such information from the applicable law enforcement agency
 2171  within 5 days after the date of storage and shall give notice
 2172  pursuant to paragraph (a). The department may release the
 2173  insurance company information to the requestor notwithstanding
 2174  the provisions of s. 627.736.
 2175         (c) Notice by certified mail must shall be sent within 7
 2176  business days after the date of storage of the vehicle or vessel
 2177  to the registered owner, the insurance company insuring the
 2178  vehicle notwithstanding the provisions of s. 627.736, and all
 2179  persons of record claiming a lien against the vehicle or vessel.
 2180  The notice must It shall state the fact of possession of the
 2181  vehicle or vessel, that a lien as provided in subsection (2) is
 2182  claimed, that charges have accrued and the amount thereof, that
 2183  the lien is subject to enforcement pursuant to law, and that the
 2184  owner or lienholder, if any, has the right to a hearing as set
 2185  forth in subsection (5), and that any vehicle or vessel which
 2186  remains unclaimed, or for which the charges for recovery,
 2187  towing, or storage services remain unpaid, may be sold free of
 2188  all prior liens after 35 days if the vehicle or vessel is more
 2189  than 3 years of age or after 50 days if the vehicle or vessel is
 2190  3 years of age or less.
 2191         (d) If attempts to locate the name and address of the owner
 2192  or lienholder prove unsuccessful, the towing-storage operator
 2193  must shall, after 7 working days, excluding Saturday and Sunday,
 2194  of the initial tow or storage, notify the public agency of
 2195  jurisdiction where the vehicle or vessel is stored in writing by
 2196  certified mail or acknowledged hand delivery that the towing
 2197  storage company has been unable to locate the name and address
 2198  of the owner or lienholder and a physical search of the vehicle
 2199  or vessel has disclosed no ownership information and a good
 2200  faith effort has been made, including records checks of the
 2201  Department of Highway Safety and Motor Vehicles database and the
 2202  National Motor Vehicle Title Information System or an equivalent
 2203  commercially available system. As used in For purposes of this
 2204  paragraph and subsection (9), the term “good faith effort” means
 2205  that the following checks have been performed by the company to
 2206  establish prior state of registration and for title:
 2207         1. Check of the Department of Highway Safety and Motor
 2208  Vehicles database for the owner and any lienholder.
 2209         2. Check of the electronic National Motor Vehicle Title
 2210  Information System or an equivalent commercially available
 2211  system to determine the state of registration when there is not
 2212  a current registration record for the vehicle on file with the
 2213  Department of Highway Safety and Motor Vehicles.
 2214         3. Check of vehicle or vessel for any type of tag, tag
 2215  record, temporary tag, or regular tag.
 2216         4. Check of law enforcement report for tag number or other
 2217  information identifying the vehicle or vessel, if the vehicle or
 2218  vessel was towed at the request of a law enforcement officer.
 2219         5. Check of trip sheet or tow ticket of tow truck operator
 2220  to see if a tag was on vehicle or vessel at beginning of tow, if
 2221  private tow.
 2222         6. If there is no address of the owner on the impound
 2223  report, check of law enforcement report to see if an out-of
 2224  state address is indicated from driver license information.
 2225         7. Check of vehicle or vessel for inspection sticker or
 2226  other stickers and decals that may indicate a state of possible
 2227  registration.
 2228         8. Check of the interior of the vehicle or vessel for any
 2229  papers that may be in the glove box, trunk, or other areas for a
 2230  state of registration.
 2231         9. Check of vehicle for vehicle identification number.
 2232         10. Check of vessel for vessel registration number.
 2233         11. Check of vessel hull for a hull identification number
 2234  which should be carved, burned, stamped, embossed, or otherwise
 2235  permanently affixed to the outboard side of the transom or, if
 2236  there is no transom, to the outmost seaboard side at the end of
 2237  the hull that bears the rudder or other steering mechanism.
 2238         Section 49. Paragraph (a) of subsection (1), paragraph (c)
 2239  of subsection (7), paragraphs (a), (b), and (c) of subsection
 2240  (8), and subsections (9) and (10) of section 817.234, Florida
 2241  Statutes, are amended to read:
 2242         817.234 False and fraudulent insurance claims.—
 2243         (1)(a) A person commits insurance fraud punishable as
 2244  provided in subsection (11) if that person, with the intent to
 2245  injure, defraud, or deceive any insurer:
 2246         1. Presents or causes to be presented any written or oral
 2247  statement as part of, or in support of, a claim for payment or
 2248  other benefit pursuant to an insurance policy or a health
 2249  maintenance organization subscriber or provider contract,
 2250  knowing that such statement contains any false, incomplete, or
 2251  misleading information concerning any fact or thing material to
 2252  such claim;
 2253         2. Prepares or makes any written or oral statement that is
 2254  intended to be presented to an any insurer in connection with,
 2255  or in support of, any claim for payment or other benefit
 2256  pursuant to an insurance policy or a health maintenance
 2257  organization subscriber or provider contract, knowing that such
 2258  statement contains any false, incomplete, or misleading
 2259  information concerning any fact or thing material to such claim;
 2260         3.a. Knowingly presents, causes to be presented, or
 2261  prepares or makes with knowledge or belief that it will be
 2262  presented to an any insurer, purported insurer, servicing
 2263  corporation, insurance broker, or insurance agent, or any
 2264  employee or agent thereof, any false, incomplete, or misleading
 2265  information or a written or oral statement as part of, or in
 2266  support of, an application for the issuance of, or the rating
 2267  of, any insurance policy, or a health maintenance organization
 2268  subscriber or provider contract; or
 2269         b. Knowingly conceals information concerning any fact
 2270  material to such application; or
 2271         4. Knowingly presents, causes to be presented, or prepares
 2272  or makes with knowledge or belief that it will be presented to
 2273  any insurer a claim for payment or other benefit under a motor
 2274  vehicle a personal injury protection insurance policy if the
 2275  person knows that the payee knowingly submitted a false,
 2276  misleading, or fraudulent application or other document when
 2277  applying for licensure as a health care clinic, seeking an
 2278  exemption from licensure as a health care clinic, or
 2279  demonstrating compliance with part X of chapter 400.
 2280         (7)
 2281         (c) An insurer, or any person acting at the direction of or
 2282  on behalf of an insurer, may not change an opinion in a mental
 2283  or physical report prepared under s. 627.736(7) or direct the
 2284  physician preparing the report to change such opinion; however,
 2285  this provision does not preclude the insurer from calling to the
 2286  attention of the physician errors of fact in the report based
 2287  upon information in the claim file. Any person who violates this
 2288  paragraph commits a felony of the third degree, punishable as
 2289  provided in s. 775.082, s. 775.083, or s. 775.084.
 2290         (8)(a) It is unlawful for any person intending to defraud
 2291  any other person to solicit or cause to be solicited any
 2292  business from a person involved in a motor vehicle accident for
 2293  the purpose of making, adjusting, or settling motor vehicle tort
 2294  claims or claims for benefits under a motor vehicle insurance
 2295  policy personal injury protection benefits required by s.
 2296  627.736. Any person who violates the provisions of this
 2297  paragraph commits a felony of the second degree, punishable as
 2298  provided in s. 775.082, s. 775.083, or s. 775.084. A person who
 2299  is convicted of a violation of this subsection shall be
 2300  sentenced to a minimum term of imprisonment of 2 years.
 2301         (b) A person may not solicit or cause to be solicited any
 2302  business from a person involved in a motor vehicle accident by
 2303  any means of communication other than advertising directed to
 2304  the public for the purpose of making motor vehicle tort claims
 2305  or claims for benefits under a motor vehicle insurance policy
 2306  personal injury protection benefits required by s. 627.736,
 2307  within 60 days after the occurrence of the motor vehicle
 2308  accident. Any person who violates this paragraph commits a
 2309  felony of the third degree, punishable as provided in s.
 2310  775.082, s. 775.083, or s. 775.084.
 2311         (c) A lawyer, health care practitioner as defined in s.
 2312  456.001, or owner or medical director of a clinic required to be
 2313  licensed pursuant to s. 400.9905 may not, at any time after 60
 2314  days have elapsed from the occurrence of a motor vehicle
 2315  accident, solicit or cause to be solicited any business from a
 2316  person involved in a motor vehicle accident by means of in
 2317  person or telephone contact at the person’s residence, for the
 2318  purpose of making motor vehicle tort claims or claims for
 2319  benefits under a motor vehicle insurance policy personal injury
 2320  protection benefits required by s. 627.736. Any person who
 2321  violates this paragraph commits a felony of the third degree,
 2322  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2323         (9) A person may not organize, plan, or knowingly
 2324  participate in an intentional motor vehicle crash or a scheme to
 2325  create documentation of a motor vehicle crash that did not occur
 2326  for the purpose of making motor vehicle tort claims or claims
 2327  for benefits under a motor vehicle insurance policy personal
 2328  injury protection benefits as required by s. 627.736. Any person
 2329  who violates this subsection commits a felony of the second
 2330  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2331  775.084. A person who is convicted of a violation of this
 2332  subsection shall be sentenced to a minimum term of imprisonment
 2333  of 2 years.
 2334         (10) A licensed health care practitioner who is found
 2335  guilty of insurance fraud under this section for an act relating
 2336  to a motor vehicle personal injury protection insurance policy
 2337  loses his or her license to practice for 5 years and may not
 2338  receive reimbursement under a motor vehicle insurance policy for
 2339  personal injury protection benefits for 10 years.
 2340         Section 50. Applicability and construction; notice to
 2341  policyholders.—
 2342         (1) As used in this section, the term “minimum security
 2343  requirements” means security that enables a person to respond in
 2344  damages for liability on account of crashes arising out of the
 2345  ownership, maintenance, or use of a motor vehicle in the amounts
 2346  required by s. 324.021(7), Florida Statutes.
 2347         (2) Effective January 1, 2019:
 2348         (a) Motor vehicle insurance policies issued or renewed on
 2349  or after that date may not include personal injury protection.
 2350         (b) All persons subject to s. 324.022, s. 324.032, s.
 2351  627.7415, or s. 627.742, Florida Statutes, must maintain at
 2352  least minimum security requirements.
 2353         (c) Any new or renewal motor vehicle insurance policy
 2354  delivered or issued for delivery in this state must provide
 2355  coverage that complies with minimum security requirements.
 2356         (d) An existing motor vehicle insurance policy issued
 2357  before that date which provides personal injury protection and
 2358  property damage liability coverage that meets the requirements
 2359  of s. 324.022, Florida Statutes, on December 31, 2018, but which
 2360  does not meet minimum security requirements on or after January
 2361  1, 2019, is deemed to meet the security requirements of s.
 2362  324.022, Florida Statutes, until such policy is renewed,
 2363  nonrenewed, or canceled on or after January 1, 2019.
 2364         (3) Each insurer shall allow each insured who has a new or
 2365  renewal policy providing personal injury protection, which
 2366  becomes effective before January 1, 2019, and whose policy does
 2367  not meet minimum security requirements on or after January 1,
 2368  2019, to change coverages so as to eliminate personal injury
 2369  protection and obtain coverage providing minimum security
 2370  requirements, which shall be effective on or after January 1,
 2371  2019. The insurer is not required to provide coverage complying
 2372  with minimum security requirements in such policies if the
 2373  insured does not pay the required premium, if any, by January 1,
 2374  2019, or such later date as the insurer may allow. Any reduction
 2375  in the premium must be refunded by the insurer. The insurer may
 2376  not impose on the insured an additional fee or charge that
 2377  applies solely to a change in coverage; however, the insurer may
 2378  charge an additional required premium that is actuarially
 2379  indicated.
 2380         (4) By September 1, 2018, each motor vehicle insurer shall
 2381  provide notice of this section to each motor vehicle
 2382  policyholder who is subject to this section. The notice is
 2383  subject to approval by the Office of Insurance Regulation and
 2384  must clearly inform the policyholder that:
 2385         (a) The Florida Motor Vehicle No-Fault Law is repealed,
 2386  effective January 1, 2019, and that on or after that date, the
 2387  insured is no longer required to maintain personal injury
 2388  protection insurance coverage, that personal injury protection
 2389  coverage is no longer available for purchase in this state, and
 2390  that all new or renewal policies issued on or after that date do
 2391  not contain such coverage.
 2392         (b) Effective January 1, 2019, a person subject to the
 2393  financial responsibility requirements of s. 324.022, Florida
 2394  Statutes, must maintain minimum security requirements that
 2395  enable the person to respond in damages for liability on account
 2396  of accidents arising out of the use of a motor vehicle in the
 2397  following amounts:
 2398         1.Beginning January 1, 2019, and continuing through
 2399  December 31, 2020:
 2400         a. Twenty thousand dollars for bodily injury to, or the
 2401  death of, one person in any one crash and, subject to such
 2402  limits for one person, in the amount of $40,000 for bodily
 2403  injury to, or the death of, two or more persons in any one
 2404  crash; and
 2405         b.Ten thousand dollars for damage to, or destruction of,
 2406  the property of others in any one crash.
 2407         2. Beginning January 1, 2021, and continuing through
 2408  December 31, 2022:
 2409         a. Twenty-five thousand dollars for bodily injury to, or
 2410  the death of, one person in any one crash and, subject to such
 2411  limits for one person, in the amount of $50,000 for bodily
 2412  injury to, or the death of, two or more persons in any one
 2413  crash; and
 2414         b.Ten thousand dollars for damage to, or destruction of,
 2415  the property of others in any one crash.
 2416         3. Beginning January 1, 2023, and continuing thereafter:
 2417         a.Thirty thousand dollars for bodily injury to, or the
 2418  death of, one person in any one crash and, subject to such
 2419  limits for one person, in the amount of $60,000 for bodily
 2420  injury to, or the death of, two or more persons in any one
 2421  crash; and
 2422         b.Ten thousand dollars for damage to, or destruction of,
 2423  the property of others in any one crash.
 2424         (c) Personal injury protection insurance paid covered
 2425  medical expenses for injuries sustained in a motor vehicle crash
 2426  by the policyholder, passengers, and relatives residing in the
 2427  policyholder’s household.
 2428         (d) Bodily injury liability coverage protects the insured,
 2429  up to the coverage limits, against loss if the insured is
 2430  legally responsible for the death of or bodily injury to others
 2431  in a motor vehicle accident.
 2432         (e) The policyholder may obtain underinsured motorist
 2433  coverage, which provides benefits, up to the limits of such
 2434  coverage, to a policyholder or other insured entitled to recover
 2435  damages for bodily injury, sickness, disease, or death resulting
 2436  from a motor vehicle accident with an uninsured or underinsured
 2437  owner or operator of a motor vehicle.
 2438         (f) If the policyholder’s new or renewal motor vehicle
 2439  insurance policy is effective before January 1, 2019, and
 2440  contains personal injury protection and property damage
 2441  liability coverage as required by state law before January 1,
 2442  2019, but does not meet minimum security requirements on or
 2443  after January 1, 2019, the policy is deemed to meet minimum
 2444  security requirements until it is renewed, nonrenewed, or
 2445  canceled on or after January 1, 2019.
 2446         (g) A policyholder whose new or renewal policy becomes
 2447  effective before January 1, 2019, but does not meet minimum
 2448  security requirements on or after January 1, 2019, may change
 2449  coverages under the policy so as to eliminate personal injury
 2450  protection and to obtain coverage providing minimum security
 2451  requirements, including bodily injury liability coverage, which
 2452  are effective on or after January 1, 2019.
 2453         (h) If the policyholder has any questions, he or she should
 2454  contact the person named at the telephone number provided in the
 2455  notice.
 2456         (5) This section takes effect upon this act becoming a law.
 2457         Section 51. Application of suspensions for failure to
 2458  maintain security; reinstatement.—All suspensions for failure to
 2459  maintain required security as required by law in effect before
 2460  January 1, 2019, remain in full force and effect after January
 2461  1, 2019. A driver may reinstate a suspended driver license or
 2462  registration as provided under s. 324.0221, Florida Statutes.
 2463         Section 52. Except as otherwise expressly provided in this
 2464  act and except for this section, which shall take effect upon
 2465  this act becoming a law, this act shall take effect January 1,
 2466  2019.
 2467  
 2468  ================= T I T L E  A M E N D M E N T ================
 2469  And the title is amended as follows:
 2470         Delete everything before the enacting clause
 2471  and insert:
 2472                        A bill to be entitled                      
 2473         An act relating to motor vehicle insurance; repealing
 2474         ss. 627.730, 627.731, 627.7311, 627.732, 627.733,
 2475         627.734, 627.736, 627.737, 627.739, 627.7401,
 2476         627.7403, and 627.7405, F.S., which comprise the
 2477         Florida Motor Vehicle No-Fault Law; repealing s.
 2478         627.7407, F.S., relating to application of the Florida
 2479         Motor Vehicle No-Fault Law; amending s. 316.646, F.S.;
 2480         revising a requirement for proof of security on a
 2481         motor vehicle and the applicability of the
 2482         requirement; amending s. 318.18, F.S.; conforming a
 2483         provision to changes made by the act; amending s.
 2484         320.02, F.S.; revising the motor vehicle insurance
 2485         coverages that an applicant must show to register
 2486         certain vehicles with the Department of Highway Safety
 2487         and Motor Vehicles; deleting a requirement that
 2488         specified information be included on a certain
 2489         insurance proof-of-purchase card; revising
 2490         construction; conforming provisions to changes made by
 2491         the act; amending s. 320.0609, F.S.; conforming a
 2492         provision to changes made by the act; amending s.
 2493         320.27, F.S.; defining the term “garage liability
 2494         insurance”; revising garage liability insurance
 2495         requirements for motor vehicle dealer applicants;
 2496         conforming a provision to changes made by the act;
 2497         amending s. 320.771, F.S.; revising garage liability
 2498         insurance requirements for recreational vehicle dealer
 2499         license applicants; amending ss. 322.251 and 322.34,
 2500         F.S.; conforming provisions to changes made by the
 2501         act; amending s. 324.011, F.S.; revising legislative
 2502         intent; amending s. 324.021, F.S.; revising
 2503         definitions of the terms “motor vehicle” and “proof of
 2504         financial responsibility”; revising, at specified
 2505         timeframes, minimum coverage requirements for proof of
 2506         financial responsibility for specified motor vehicles;
 2507         defining the term “for-hire passenger transportation
 2508         vehicle”; conforming provisions to changes made by the
 2509         act; amending s. 324.022, F.S.; revising, at specified
 2510         timeframes, minimum liability coverage requirements
 2511         for motor vehicle owners or operators; revising
 2512         authorized methods for meeting such requirements;
 2513         revising the vehicles that are excluded from the
 2514         definition of the term “motor vehicle” and providing
 2515         security requirements for certain excluded vehicles;
 2516         conforming provisions to changes made by the act;
 2517         conforming cross-references; amending s. 324.0221,
 2518         F.S.; revising applicability of certain insurer
 2519         reporting and notice requirements as to policies
 2520         providing certain liability coverages; conforming
 2521         provisions to changes made by the act; amending s.
 2522         324.023, F.S.; conforming cross-references; amending
 2523         s. 324.031, F.S.; revising applicability of a
 2524         provision authorizing certain methods of proving
 2525         financial responsibility; revising, at specified
 2526         timeframes, the amount of a certificate of deposit
 2527         required for a specified method of proof of financial
 2528         responsibility; revising excess liability coverage
 2529         requirements for a person electing to use such method;
 2530         amending s. 324.032, F.S.; revising financial
 2531         responsibility requirements for owners or lessees of
 2532         for-hire passenger transportation vehicles and the
 2533         applicability of such requirements; revising a
 2534         requirement for a motor vehicle liability policy
 2535         obtained to comply with such requirements; amending
 2536         ss. 324.051, 324.071, 324.091, and 324.151, F.S.;
 2537         making technical changes; amending s. 324.161, F.S.;
 2538         revising requirements for a certificate of deposit
 2539         that is required if a person elects a certain method
 2540         of providing financial responsibility; amending s.
 2541         324.171, F.S.; revising, at specified timeframes, the
 2542         minimum net worth requirements to qualify certain
 2543         persons as self-insurers; conforming provisions to
 2544         changes made by the act; amending s. 324.251, F.S.;
 2545         revising the short title and an effective date;
 2546         amending s. 400.9905, F.S.; revising the definition of
 2547         the term “clinic” relating to reimbursements for
 2548         health care services under motor vehicle insurance
 2549         coverage; amending s. 400.991, F.S.; conforming a
 2550         provision to changes made by the act; amending s.
 2551         400.9935, F.S.; revising a condition relating to
 2552         certain clinic billings to apply to motor vehicle
 2553         insurance carriers rather than to personal injury
 2554         protection insurance carriers; amending s. 409.901,
 2555         F.S.; revising the definition of the term “third-party
 2556         benefit”; amending s. 409.910, F.S.; revising the
 2557         definition of the term “medical coverage”; making
 2558         technical changes; amending s. 456.057, F.S.;
 2559         conforming a provision to changes made by the act;
 2560         amending s. 456.072, F.S.; revising specified grounds
 2561         for discipline for certain health professions relating
 2562         to motor vehicle insurance claims rather than personal
 2563         injury protection claims; defining the term “upcoded”;
 2564         amending s. 626.9541, F.S.; conforming a provision to
 2565         changes made by the act; revising the type of
 2566         insurance coverage applicable to a certain prohibited
 2567         act; conforming a cross-reference; amending s.
 2568         626.989, F.S.; revising the definition of the term
 2569         “fraudulent insurance act” to include certain acts
 2570         under a motor vehicle insurance policy rather than
 2571         under the Florida Motor Vehicle No-Fault Law; amending
 2572         s. 627.06501, F.S.; revising coverages that may
 2573         provide for a reduction in motor vehicle insurance
 2574         policy premium charges under certain circumstances;
 2575         amending s. 627.0652, F.S.; revising coverages that
 2576         must provide a premium charge reduction under certain
 2577         circumstances; amending s. 627.0653, F.S.; revising
 2578         coverages subject to premium discounts for specified
 2579         motor vehicle equipment; amending s. 627.4132, F.S.;
 2580         revising the coverages of a motor vehicle policy which
 2581         are subject to a stacking prohibition; amending s.
 2582         627.7263, F.S.; revising provisions relating to the
 2583         designation of primary insurance for rental and
 2584         leasing driver’s insurance; conforming provisions to
 2585         changes made by the act; amending s. 627.727, F.S.;
 2586         conforming provisions to changes made by the act;
 2587         amending s. 627.7275, F.S.; revising applicability and
 2588         required coverages for a motor vehicle insurance
 2589         policy; requiring insureds or claimants, or their
 2590         representatives, to provide insurers with a written
 2591         notice of loss before bringing certain bad faith
 2592         actions; providing that if an insurer complies with
 2593         certain conditions, it does not violate a certain good
 2594         faith duty and is not liable for a certain bad faith
 2595         failure; requiring the trier of fact, in making
 2596         certain evaluations, to consider whether the insurer
 2597         or claimant made certain good faith efforts to
 2598         cooperate with the insurer’s investigation; providing
 2599         a limitation on an insurer’s liability relating to
 2600         multiple third-party claimants under certain
 2601         circumstances, if the insurer files an interpleader
 2602         action within a specified timeframe; providing
 2603         construction relating to the interpleader action;
 2604         conforming provisions to changes made by the act;
 2605         amending s. 627.728, F.S.; conforming a provision to
 2606         changes made by the act; amending s. 627.7295, F.S.;
 2607         revising the definitions of the terms “policy” and
 2608         “binder”; revising the coverages of a motor vehicle
 2609         insurance policy for which a licensed general lines
 2610         agent may charge a specified fee; revising
 2611         applicability; conforming a cross-reference; amending
 2612         s. 627.7415, F.S.; revising, at specified intervals,
 2613         the minimum levels of certain liability insurance
 2614         required for commercial motor vehicles; amending s.
 2615         627.8405, F.S.; revising coverages in a policy sold in
 2616         combination with an accidental death and dismemberment
 2617         policy, which a premium finance company may not
 2618         finance; revising rulemaking authority of the
 2619         commission; amending ss. 627.915, 628.909, 705.184,
 2620         and 713.78, F.S.; conforming provisions to changes
 2621         made by the act; amending s. 817.234, F.S.; revising
 2622         specified prohibited false and fraudulent insurance
 2623         claims for benefits to those under a motor vehicle
 2624         insurance policy rather than a personal injury
 2625         protection insurance policy; conforming a provision to
 2626         changes made by the act; conforming a cross-reference;
 2627         providing applicability and construction relating to
 2628         changes made by the act; defining the term “minimum
 2629         security requirements”; providing requirements and
 2630         procedures relating to motor vehicle insurance
 2631         policies that include personal injury protection as of
 2632         a specified date; requiring an insurer to provide, by
 2633         a specified date, a specified notice to policyholders
 2634         relating to requirements under the act; providing for
 2635         construction relating to suspensions for failure to
 2636         maintain required security in effect before a
 2637         specified date; providing effective dates.