Florida Senate - 2019                             CS for SB 1052
       
       
        
       By the Committee on Infrastructure and Security; and Senators
       Lee and Rouson
       
       
       
       
       596-02960-19                                          20191052c1
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle insurance; repealing
    3         ss. 627.730, 627.731, 627.7311, 627.732, 627.733,
    4         627.734, 627.736, 627.737, 627.739, 627.7401,
    5         627.7403, and 627.7405, F.S., which comprise the
    6         Florida Motor Vehicle No-Fault Law; repealing s.
    7         627.7407, F.S., relating to application of the Florida
    8         Motor Vehicle No-Fault Law; amending s. 316.646, F.S.;
    9         revising a requirement for proof of security on a
   10         motor vehicle and the applicability of the
   11         requirement; amending s. 318.18, F.S.; conforming a
   12         provision to changes made by the act; amending s.
   13         320.02, F.S.; revising the motor vehicle insurance
   14         coverages that an applicant must show to register
   15         certain vehicles with the Department of Highway Safety
   16         and Motor Vehicles; conforming a provision to changes
   17         made by the act; revising construction; amending s.
   18         320.0609, F.S.; conforming a provision to changes made
   19         by the act; amending s. 320.27, F.S.; defining the
   20         term “garage liability insurance”; revising garage
   21         liability insurance requirements for motor vehicle
   22         dealer applicants; conforming a provision to changes
   23         made by the act; amending s. 320.771, F.S.; revising
   24         garage liability insurance requirements for
   25         recreational vehicle dealer license applicants;
   26         amending ss. 322.251 and 322.34, F.S.; conforming
   27         provisions to changes made by the act; amending s.
   28         324.011, F.S.; revising legislative intent; amending
   29         s. 324.021, F.S.; revising definitions of the terms
   30         “motor vehicle” and “proof of financial
   31         responsibility”; revising minimum coverage
   32         requirements for proof of financial responsibility for
   33         specified motor vehicles; defining the term “for-hire
   34         passenger transportation vehicle”; conforming
   35         provisions to changes made by the act; amending s.
   36         324.022, F.S.; revising minimum liability coverage
   37         requirements for motor vehicle owners or operators;
   38         revising authorized methods for meeting such
   39         requirements; deleting a provision relating to an
   40         insurer’s duty to defend certain claims; revising the
   41         vehicles that are excluded from the definition of the
   42         term “motor vehicle”; providing security requirements
   43         for certain excluded vehicles; conforming provisions
   44         to changes made by the act; conforming cross
   45         references; amending s. 324.0221, F.S.; revising
   46         coverages that subject a policy to certain insurer
   47         reporting and notice requirements; conforming
   48         provisions to changes made by the act; amending s.
   49         324.023, F.S.; conforming cross-references; amending
   50         s. 324.031, F.S.; revising the amount of a certificate
   51         of deposit required to elect a certain method of proof
   52         of financial responsibility; revising excess liability
   53         coverage requirements for a person electing to use
   54         such method; amending s. 324.032, F.S.; revising
   55         financial responsibility requirements for owners or
   56         lessees of for-hire passenger transportation vehicles;
   57         amending ss. 324.051, 324.071, and 324.091, F.S.;
   58         making technical changes; amending s. 324.151, F.S.;
   59         conforming provisions to changes made by the act;
   60         making technical changes; creating s. 627.747, F.S.;
   61         providing that private passenger motor vehicle
   62         policies may exclude certain identified individuals
   63         from specified coverages under certain circumstances;
   64         providing that such policies may not exclude coverage
   65         under certain circumstances; amending s. 324.161,
   66         F.S.; revising requirements for a certificate of
   67         deposit that is required if a person elects a certain
   68         method of proving financial responsibility; amending
   69         s. 324.171, F.S.; revising the minimum net worth
   70         requirements to qualify certain persons as self
   71         insurers; conforming provisions to changes made by the
   72         act; amending s. 324.251, F.S.; revising the short
   73         title and an effective date; amending s. 400.9905,
   74         F.S.; revising the definition of the term “clinic”;
   75         amending ss. 400.991 and 400.9935, F.S.; conforming
   76         provisions to changes made by the act; amending s.
   77         409.901, F.S.; revising the definition of the term
   78         “third-party benefit”; amending s. 409.910, F.S.;
   79         revising the definition of the term “medical
   80         coverage”; amending s. 456.057, F.S.; conforming a
   81         cross-reference; amending s. 456.072, F.S.; revising
   82         specified grounds for discipline for certain health
   83         professions; amending s. 626.9541, F.S.; conforming a
   84         provision to changes made by the act; revising the
   85         type of insurance coverage applicable to a certain
   86         prohibited act; amending s. 626.989, F.S.; revising
   87         the definition of the term “fraudulent insurance act”;
   88         amending s. 627.06501, F.S.; revising coverages that
   89         may provide for a reduction in motor vehicle insurance
   90         policy premium charges under certain circumstances;
   91         amending s. 627.0652, F.S.; revising coverages that
   92         must provide a premium charge reduction under certain
   93         circumstances; amending s. 627.0653, F.S.; revising
   94         coverages subject to premium discounts for specified
   95         motor vehicle equipment; amending s. 627.4132, F.S.;
   96         revising the coverages of a motor vehicle policy which
   97         are subject to a stacking prohibition; amending s.
   98         627.7263, F.S.; revising coverages that are deemed
   99         primary, except under certain circumstances, for the
  100         lessor of a motor vehicle for lease or rent; revising
  101         a notice that is required if the lessee’s coverage is
  102         to be primary; creating s. 627.7265, F.S.; specifying
  103         persons whom medical payments coverage must protect;
  104         requiring medical payments coverage to provide
  105         specified medical expense coverage and a specified
  106         death benefit; specifying coverage options an insurer
  107         must and may offer; providing that motor vehicle
  108         liability insurance policies are deemed to have
  109         medical payments coverage at a certain limit and with
  110         no deductible, unless rejected or modified by the
  111         policyholder by certain means; specifying requirements
  112         for certain forms approved by the Office of Insurance
  113         Regulation; requiring insurers to provide
  114         policyholders with a certain annual notice; providing
  115         construction relating to limits on certain other
  116         coverages; requiring insurers, upon receiving a
  117         certain notice of an accident, to hold a specified
  118         reserve for certain purposes for a specified time;
  119         providing that the reserve requirement does not
  120         require insurers to establish a claim reserve for
  121         accounting purposes; providing that an insurer
  122         providing medical payments coverage benefits may not
  123         have a lien on a certain recovery and may not have
  124         certain causes of action; amending s. 627.727, F.S.;
  125         conforming provisions to changes made by the act;
  126         amending s. 627.7275, F.S.; revising required
  127         coverages for a motor vehicle insurance policy;
  128         conforming provisions to changes made by the act;
  129         amending s. 627.728, F.S.; conforming a provision to
  130         changes made by the act; amending s. 627.7295, F.S.;
  131         revising the definitions of the terms “policy” and
  132         “binder”; revising the coverages of a motor vehicle
  133         insurance policy for which a licensed general lines
  134         agent may charge a specified fee; conforming a
  135         provision to changes made by the act; amending s.
  136         627.7415, F.S.; revising additional liability
  137         insurance requirements for commercial motor vehicles;
  138         amending s. 627.748, F.S.; revising insurance
  139         requirements for transportation network company
  140         drivers; conforming provisions to changes made by the
  141         act; amending s. 627.8405, F.S.; revising coverages in
  142         a policy sold in combination with an accidental death
  143         and dismemberment policy which a premium finance
  144         company may not finance; revising rulemaking authority
  145         of the Financial Services Commission; amending ss.
  146         627.915, 628.909, 705.184, and 713.78, F.S.;
  147         conforming provisions to changes made by the act;
  148         amending s. 817.234, F.S.; revising coverages that are
  149         the basis of specified prohibited false and fraudulent
  150         insurance claims; conforming provisions to changes
  151         made by the act; creating s. 627.7278, F.S.; defining
  152         the term “minimum security requirements”; providing
  153         requirements, applicability, and construction relating
  154         to motor vehicle insurance policies as of a certain
  155         date; requiring insurers to allow certain insureds to
  156         make certain coverage changes, subject to certain
  157         conditions; requiring an insurer to provide, by a
  158         specified date, a specified notice to policyholders
  159         relating to requirements under the act; creating s.
  160         324.0222, F.S.; providing that driver license or
  161         registration suspensions for failure to maintain
  162         required security which were in effect before a
  163         specified date remain in full force and effect;
  164         providing that such suspended licenses or
  165         registrations may be reinstated as provided in a
  166         specified section; providing an appropriation;
  167         providing effective dates.
  168          
  169  Be It Enacted by the Legislature of the State of Florida:
  170  
  171         Section 1. Sections 627.730, 627.731, 627.7311, 627.732,
  172  627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,
  173  and 627.7405, Florida Statutes, which comprise the Florida Motor
  174  Vehicle No-Fault Law, are repealed.
  175         Section 2. Section 627.7407, Florida Statutes, is repealed.
  176         Section 3. Subsection (1) of section 316.646, Florida
  177  Statutes, is amended to read:
  178         316.646 Security required; proof of security and display
  179  thereof.—
  180         (1) Any person required by s. 324.022 to maintain liability
  181  security for property damage, liability security, required by s.
  182  324.023 to maintain liability security for bodily injury, or
  183  death, or required by s. 627.733 to maintain personal injury
  184  protection security on a motor vehicle shall have in his or her
  185  immediate possession at all times while operating such motor
  186  vehicle proper proof of maintenance of the required security
  187  required under s. 324.021(7).
  188         (a) Such proof must shall be in a uniform paper or
  189  electronic format, as prescribed by the department, a valid
  190  insurance policy, an insurance policy binder, a certificate of
  191  insurance, or such other proof as may be prescribed by the
  192  department.
  193         (b)1. The act of presenting to a law enforcement officer an
  194  electronic device displaying proof of insurance in an electronic
  195  format does not constitute consent for the officer to access any
  196  information on the device other than the displayed proof of
  197  insurance.
  198         2. The person who presents the device to the officer
  199  assumes the liability for any resulting damage to the device.
  200         Section 4. Paragraph (b) of subsection (2) of section
  201  318.18, Florida Statutes, is amended to read:
  202         318.18 Amount of penalties.—The penalties required for a
  203  noncriminal disposition pursuant to s. 318.14 or a criminal
  204  offense listed in s. 318.17 are as follows:
  205         (2) Thirty dollars for all nonmoving traffic violations
  206  and:
  207         (b) For all violations of ss. 320.0605, 320.07(1), 322.065,
  208  and 322.15(1). A Any person who is cited for a violation of s.
  209  320.07(1) shall be charged a delinquent fee pursuant to s.
  210  320.07(4).
  211         1. If a person who is cited for a violation of s. 320.0605
  212  or s. 320.07 can show proof of having a valid registration at
  213  the time of arrest, the clerk of the court may dismiss the case
  214  and may assess a dismissal fee of up to $10. A person who finds
  215  it impossible or impractical to obtain a valid registration
  216  certificate must submit an affidavit detailing the reasons for
  217  the impossibility or impracticality. The reasons may include,
  218  but are not limited to, the fact that the vehicle was sold,
  219  stolen, or destroyed; that the state in which the vehicle is
  220  registered does not issue a certificate of registration; or that
  221  the vehicle is owned by another person.
  222         2. If a person who is cited for a violation of s. 322.03,
  223  s. 322.065, or s. 322.15 can show a driver license issued to him
  224  or her and valid at the time of arrest, the clerk of the court
  225  may dismiss the case and may assess a dismissal fee of up to
  226  $10.
  227         3. If a person who is cited for a violation of s. 316.646
  228  can show proof of security as required by s. 324.021(7) s.
  229  627.733, issued to the person and valid at the time of arrest,
  230  the clerk of the court may dismiss the case and may assess a
  231  dismissal fee of up to $10. A person who finds it impossible or
  232  impractical to obtain proof of security must submit an affidavit
  233  detailing the reasons for the impracticality. The reasons may
  234  include, but are not limited to, the fact that the vehicle has
  235  since been sold, stolen, or destroyed; that the owner or
  236  registrant of the vehicle is not required by s. 627.733 to
  237  maintain personal injury protection insurance; or that the
  238  vehicle is owned by another person.
  239         Section 5. Paragraphs (a) and (d) of subsection (5) of
  240  section 320.02, Florida Statutes, are amended to read:
  241         320.02 Registration required; application for registration;
  242  forms.—
  243         (5)(a) Proof that bodily injury liability coverage and
  244  property damage liability coverage personal injury protection
  245  benefits have been purchased if required under s. 324.022, s.
  246  324.032, or s. 627.742 s. 627.733, that property damage
  247  liability coverage has been purchased as required under s.
  248  324.022, that bodily injury liability or death coverage has been
  249  purchased if required under s. 324.023, and that combined bodily
  250  liability insurance and property damage liability insurance have
  251  been purchased if required under s. 627.7415 must shall be
  252  provided in the manner prescribed by law by the applicant at the
  253  time of application for registration of any motor vehicle that
  254  is subject to such requirements. The issuing agent may not shall
  255  refuse to issue registration if such proof of purchase is not
  256  provided. Insurers shall furnish uniform proof-of-purchase cards
  257  in a paper or electronic format in a form prescribed by the
  258  department and include the name of the insured’s insurance
  259  company, the coverage identification number, and the make, year,
  260  and vehicle identification number of the vehicle insured. The
  261  card must contain a statement notifying the applicant of the
  262  penalty specified under s. 316.646(4). The card or insurance
  263  policy, insurance policy binder, or certificate of insurance or
  264  a photocopy of any of these; an affidavit containing the name of
  265  the insured’s insurance company, the insured’s policy number,
  266  and the make and year of the vehicle insured; or such other
  267  proof as may be prescribed by the department constitutes shall
  268  constitute sufficient proof of purchase. If an affidavit is
  269  provided as proof, it must be in substantially the following
  270  form:
  271  
  272  Under penalty of perjury, I ...(Name of insured)... do hereby
  273  certify that I have ...(bodily injury liability and Personal
  274  Injury Protection, property damage liability, and, if required,
  275  Bodily Injury Liability)... insurance currently in effect with
  276  ...(Name of insurance company)... under ...(policy number)...
  277  covering ...(make, year, and vehicle identification number of
  278  vehicle).... ...(Signature of Insured)...
  279  
  280  Such affidavit must include the following warning:
  281  
  282  WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
  283  REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
  284  LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
  285  SUBJECT TO PROSECUTION.
  286  
  287  If an application is made through a licensed motor vehicle
  288  dealer as required under s. 319.23, the original or a photocopy
  289  photostatic copy of such card, insurance policy, insurance
  290  policy binder, or certificate of insurance or the original
  291  affidavit from the insured must shall be forwarded by the dealer
  292  to the tax collector of the county or the Department of Highway
  293  Safety and Motor Vehicles for processing. By executing the
  294  aforesaid affidavit, a no licensed motor vehicle dealer is not
  295  will be liable in damages for any inadequacy, insufficiency, or
  296  falsification of any statement contained therein. A card must
  297  also indicate the existence of any bodily injury liability
  298  insurance voluntarily purchased.
  299         (d) The verifying of proof of personal injury protection
  300  insurance, proof of property damage liability insurance, proof
  301  of combined bodily liability insurance and property damage
  302  liability insurance, or proof of financial responsibility
  303  insurance and the issuance or failure to issue the motor vehicle
  304  registration under the provisions of this chapter may not be
  305  construed in any court as a warranty of the reliability or
  306  accuracy of the evidence of such proof, or as meaning that the
  307  provisions of any insurance policy furnished as proof of
  308  financial responsibility comply with state law. Neither the
  309  department nor any tax collector is liable in damages for any
  310  inadequacy, insufficiency, falsification, or unauthorized
  311  modification of any item of the proof of personal injury
  312  protection insurance, proof of property damage liability
  313  insurance, proof of combined bodily liability insurance and
  314  property damage liability insurance, or proof of financial
  315  responsibility before insurance prior to, during, or subsequent
  316  to the verification of the proof. The issuance of a motor
  317  vehicle registration does not constitute prima facie evidence or
  318  a presumption of insurance coverage.
  319         Section 6. Paragraph (b) of subsection (1) of section
  320  320.0609, Florida Statutes, is amended to read:
  321         320.0609 Transfer and exchange of registration license
  322  plates; transfer fee.—
  323         (1)
  324         (b) The transfer of a license plate from a vehicle disposed
  325  of to a newly acquired vehicle does not constitute a new
  326  registration. The application for transfer shall be accepted
  327  without requiring proof of personal injury protection or
  328  liability insurance.
  329         Section 7. Paragraph (g) is added to subsection (1) of
  330  section 320.27, Florida Statutes, and subsection (3) of that
  331  section is amended, to read:
  332         320.27 Motor vehicle dealers.—
  333         (1) DEFINITIONS.—The following words, terms, and phrases
  334  when used in this section have the meanings respectively
  335  ascribed to them in this subsection, except where the context
  336  clearly indicates a different meaning:
  337         (g)“Garage liability insurance” means, beginning January
  338  1, 2020, combined single-limit liability coverage, including
  339  property damage and bodily injury liability coverage, in the
  340  amount of at least $60,000.
  341         (3) APPLICATION AND FEE.—The application for the license
  342  application must shall be in such form as may be prescribed by
  343  the department and is shall be subject to such rules with
  344  respect thereto as may be so prescribed by the department it.
  345  Such application must shall be verified by oath or affirmation
  346  and must shall contain a full statement of the name and birth
  347  date of the person or persons applying for the license therefor;
  348  the name of the firm or copartnership, with the names and places
  349  of residence of all members thereof, if such applicant is a firm
  350  or copartnership; the names and places of residence of the
  351  principal officers, if the applicant is a body corporate or
  352  other artificial body; the name of the state under whose laws
  353  the corporation is organized; the present and former place or
  354  places of residence of the applicant; and the prior business in
  355  which the applicant has been engaged and its the location
  356  thereof. The Such application must shall describe the exact
  357  location of the place of business and must shall state whether
  358  the place of business is owned by the applicant and when
  359  acquired, or, if leased, a true copy of the lease must shall be
  360  attached to the application. The applicant shall certify that
  361  the location provides an adequately equipped office and is not a
  362  residence; that the location affords sufficient unoccupied space
  363  upon and within which adequately to store all motor vehicles
  364  offered and displayed for sale; and that the location is a
  365  suitable place where the applicant can in good faith carry on
  366  such business and keep and maintain books, records, and files
  367  necessary to conduct such business, which must shall be
  368  available at all reasonable hours to inspection by the
  369  department or any of its inspectors or other employees. The
  370  applicant shall certify that the business of a motor vehicle
  371  dealer is the principal business that will which shall be
  372  conducted at that location. The application must shall contain a
  373  statement that the applicant is either franchised by a
  374  manufacturer of motor vehicles, in which case the name of each
  375  motor vehicle that the applicant is franchised to sell must
  376  shall be included, or an independent (nonfranchised) motor
  377  vehicle dealer. The application must shall contain other
  378  relevant information as may be required by the department. The
  379  applicant shall furnish, including evidence, in a form approved
  380  by the department, that the applicant is insured under a garage
  381  liability insurance policy or a general liability insurance
  382  policy coupled with a business automobile policy having the
  383  coverages and limits of the garage liability insurance coverage
  384  in accordance with paragraph (1)(g), which shall include, at a
  385  minimum, $25,000 combined single-limit liability coverage
  386  including bodily injury and property damage protection and
  387  $10,000 personal injury protection. However, a salvage motor
  388  vehicle dealer as defined in subparagraph (1)(c)5. is exempt
  389  from the requirements for garage liability insurance and
  390  personal injury protection insurance on those vehicles that
  391  cannot be legally operated on roads, highways, or streets in
  392  this state. Franchise dealers must submit a garage liability
  393  insurance policy, and all other dealers must submit a garage
  394  liability insurance policy or a general liability insurance
  395  policy coupled with a business automobile policy. Such policy
  396  must shall be for the license period, and evidence of a new or
  397  continued policy must shall be delivered to the department at
  398  the beginning of each license period. Upon making an initial
  399  application, the applicant shall pay to the department a fee of
  400  $300 in addition to any other fees required by law. Applicants
  401  may choose to extend the licensure period for 1 additional year
  402  for a total of 2 years. An initial applicant shall pay to the
  403  department a fee of $300 for the first year and $75 for the
  404  second year, in addition to any other fees required by law. An
  405  applicant for renewal shall pay to the department $75 for a 1
  406  year renewal or $150 for a 2-year renewal, in addition to any
  407  other fees required by law. Upon making an application for a
  408  change of location, the applicant person shall pay a fee of $50
  409  in addition to any other fees now required by law. The
  410  department shall, in the case of every application for initial
  411  licensure, verify whether certain facts set forth in the
  412  application are true. Each applicant, general partner in the
  413  case of a partnership, or corporate officer and director in the
  414  case of a corporate applicant shall, must file a set of
  415  fingerprints with the department for the purpose of determining
  416  any prior criminal record or any outstanding warrants. The
  417  department shall submit the fingerprints to the Department of
  418  Law Enforcement for state processing and forwarding to the
  419  Federal Bureau of Investigation for federal processing. The
  420  actual cost of state and federal processing must shall be borne
  421  by the applicant and is in addition to the fee for licensure.
  422  The department may issue a license to an applicant pending the
  423  results of the fingerprint investigation, which license is fully
  424  revocable if the department subsequently determines that any
  425  facts set forth in the application are not true or correctly
  426  represented.
  427         Section 8. Paragraph (j) of subsection (3) of section
  428  320.771, Florida Statutes, is amended to read:
  429         320.771 License required of recreational vehicle dealers.—
  430         (3) APPLICATION.—The application for such license shall be
  431  in the form prescribed by the department and subject to such
  432  rules as may be prescribed by it. The application shall be
  433  verified by oath or affirmation and shall contain:
  434         (j) A statement that the applicant is insured under a
  435  garage liability insurance policy in accordance with s.
  436  320.27(1)(g), which shall include, at a minimum, $25,000
  437  combined single-limit liability coverage, including bodily
  438  injury and property damage protection, and $10,000 personal
  439  injury protection, if the applicant is to be licensed as a
  440  dealer in, or intends to sell, recreational vehicles.
  441  
  442  The department shall, if it deems necessary, cause an
  443  investigation to be made to ascertain if the facts set forth in
  444  the application are true and shall not issue a license to the
  445  applicant until it is satisfied that the facts set forth in the
  446  application are true.
  447         Section 9. Subsections (1) and (2) of section 322.251,
  448  Florida Statutes, are amended to read:
  449         322.251 Notice of cancellation, suspension, revocation, or
  450  disqualification of license.—
  451         (1) All orders of cancellation, suspension, revocation, or
  452  disqualification issued under the provisions of this chapter,
  453  chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall
  454  be given either by personal delivery thereof to the licensee
  455  whose license is being canceled, suspended, revoked, or
  456  disqualified or by deposit in the United States mail in an
  457  envelope, first class, postage prepaid, addressed to the
  458  licensee at his or her last known mailing address furnished to
  459  the department. Such mailing by the department constitutes
  460  notification, and any failure by the person to receive the
  461  mailed order will not affect or stay the effective date or term
  462  of the cancellation, suspension, revocation, or disqualification
  463  of the licensee’s driving privilege.
  464         (2) The giving of notice and an order of cancellation,
  465  suspension, revocation, or disqualification by mail is complete
  466  upon expiration of 20 days after deposit in the United States
  467  mail for all notices except those issued under chapter 324 or
  468  ss. 627.732–627.734, which are complete 15 days after deposit in
  469  the United States mail. Proof of the giving of notice and an
  470  order of cancellation, suspension, revocation, or
  471  disqualification in either manner must shall be made by entry in
  472  the records of the department that such notice was given. The
  473  entry is admissible in the courts of this state and constitutes
  474  sufficient proof that such notice was given.
  475         Section 10. Paragraph (a) of subsection (8) of section
  476  322.34, Florida Statutes, is amended to read:
  477         322.34 Driving while license suspended, revoked, canceled,
  478  or disqualified.—
  479         (8)(a) Upon the arrest of a person for the offense of
  480  driving while the person’s driver license or driving privilege
  481  is suspended or revoked, the arresting officer shall determine:
  482         1. Whether the person’s driver license is suspended or
  483  revoked.
  484         2. Whether the person’s driver license has remained
  485  suspended or revoked since a conviction for the offense of
  486  driving with a suspended or revoked license.
  487         3. Whether the suspension or revocation was made under s.
  488  316.646 or s. 627.733, relating to failure to maintain required
  489  security, or under s. 322.264, relating to habitual traffic
  490  offenders.
  491         4. Whether the driver is the registered owner or coowner of
  492  the vehicle.
  493         Section 11. Section 324.011, Florida Statutes, is amended
  494  to read:
  495         324.011 Legislative intent and purpose of chapter.—It is
  496  the Legislature’s intent of this chapter to ensure that the
  497  privilege of owning or operating a motor vehicle in this state
  498  is exercised recognize the existing privilege to own or operate
  499  a motor vehicle on the public streets and highways of this state
  500  when such vehicles are used with due consideration for others’
  501  safety others and their property, and to promote safety, and to
  502  provide financial security requirements for such owners and or
  503  operators whose responsibility it is to recompense others for
  504  injury to person or property caused by the operation of a motor
  505  vehicle. Therefore, this chapter requires that every owner or
  506  operator of a motor vehicle required to be registered in this
  507  state establish, maintain, and it is required herein that the
  508  operator of a motor vehicle involved in a crash or convicted of
  509  certain traffic offenses meeting the operative provisions of s.
  510  324.051(2) shall respond for such damages and show proof of
  511  financial ability to respond for damages arising out of the
  512  ownership, maintenance, or use of a motor vehicle in future
  513  accidents as a requisite to owning or operating a motor vehicle
  514  in this state his or her future exercise of such privileges.
  515         Section 12. Subsections (1) and (7) and paragraph (c) of
  516  subsection (9) of section 324.021, Florida Statutes, are
  517  amended, and subsection (12) is added to that section, to read:
  518         324.021 Definitions; minimum insurance required.—The
  519  following words and phrases when used in this chapter shall, for
  520  the purpose of this chapter, have the meanings respectively
  521  ascribed to them in this section, except in those instances
  522  where the context clearly indicates a different meaning:
  523         (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
  524  designed and required to be licensed for use upon a highway,
  525  including trailers and semitrailers designed for use with such
  526  vehicles, except traction engines, road rollers, farm tractors,
  527  power shovels, and well drillers, and every vehicle that is
  528  propelled by electric power obtained from overhead wires but not
  529  operated upon rails, but not including any personal delivery
  530  device or mobile carrier as defined in s. 316.003, bicycle, or
  531  moped. However, the term “motor vehicle” does not include a
  532  motor vehicle as defined in s. 627.732(3) when the owner of such
  533  vehicle has complied with the requirements of ss. 627.730
  534  627.7405, inclusive, unless the provisions of s. 324.051 apply;
  535  and, in such case, the applicable proof of insurance provisions
  536  of s. 320.02 apply.
  537         (7) PROOF OF FINANCIAL RESPONSIBILITY.—That Proof of
  538  ability to respond in damages for liability on account of
  539  crashes arising out of the ownership, maintenance, or use of a
  540  motor vehicle:
  541         (a) Beginning January 1, 2020, with respect to a motor
  542  vehicle that is not a commercial motor vehicle, nonpublic sector
  543  bus, or for-hire passenger transportation vehicle, in the amount
  544  of:
  545         1.Twenty-five thousand dollars for $10,000 because of
  546  bodily injury to, or the death of, one person in any one crash
  547  and,;
  548         (b) subject to such limits for one person, in the amount of
  549  $50,000 for $20,000 because of bodily injury to, or the death
  550  of, two or more persons in any one crash; and
  551         2.(c)Ten thousand dollars for damage In the amount of
  552  $10,000 because of injury to, or destruction of, property of
  553  others in any one crash.; and
  554         (b)(d) With respect to commercial motor vehicles and
  555  nonpublic sector buses, in the amounts specified in s. 627.7415
  556  ss. 627.7415 and 627.742, respectively.
  557         (c) With respect to nonpublic sector buses, in the amounts
  558  specified in s. 627.742.
  559         (d) With respect to for-hire passenger transportation
  560  vehicles, in the amounts specified in s. 324.032.
  561         (9) OWNER; OWNER/LESSOR.—
  562         (c) Application.—
  563         1. The limits on liability in subparagraphs (b)2. and 3. do
  564  not apply to an owner of motor vehicles that are used for
  565  commercial activity in the owner’s ordinary course of business,
  566  other than a rental company that rents or leases motor vehicles.
  567  For purposes of this paragraph, the term “rental company”
  568  includes only an entity that is engaged in the business of
  569  renting or leasing motor vehicles to the general public and that
  570  rents or leases a majority of its motor vehicles to persons with
  571  no direct or indirect affiliation with the rental company. The
  572  term also includes a motor vehicle dealer that provides
  573  temporary replacement vehicles to its customers for up to 10
  574  days. The term “rental company” also includes:
  575         a. A related rental or leasing company that is a subsidiary
  576  of the same parent company as that of the renting or leasing
  577  company that rented or leased the vehicle.
  578         b. The holder of a motor vehicle title or an equity
  579  interest in a motor vehicle title if the title or equity
  580  interest is held pursuant to or to facilitate an asset-backed
  581  securitization of a fleet of motor vehicles used solely in the
  582  business of renting or leasing motor vehicles to the general
  583  public and under the dominion and control of a rental company,
  584  as described in this subparagraph, in the operation of such
  585  rental company’s business.
  586         2. Furthermore, with respect to commercial motor vehicles
  587  as defined in s. 207.002 or s. 320.01 s. 627.732, the limits on
  588  liability in subparagraphs (b)2. and 3. do not apply if, at the
  589  time of the incident, the commercial motor vehicle is being used
  590  in the transportation of materials found to be hazardous for the
  591  purposes of the Hazardous Materials Transportation Authorization
  592  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is
  593  required pursuant to such act to carry placards warning others
  594  of the hazardous cargo, unless at the time of lease or rental
  595  either:
  596         a. The lessee indicates in writing that the vehicle will
  597  not be used to transport materials found to be hazardous for the
  598  purposes of the Hazardous Materials Transportation Authorization
  599  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
  600         b. The lessee or other operator of the commercial motor
  601  vehicle has in effect insurance with limits of at least $5
  602  million $5,000,000 combined property damage and bodily injury
  603  liability.
  604         (12) FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.Every “for
  605  hire vehicle” as defined in s. 320.01(15) which is offered or
  606  used to provide transportation for persons, including taxicabs,
  607  limousines, and jitneys.
  608         Section 13. Section 324.022, Florida Statutes, is amended
  609  to read:
  610         324.022 Financial responsibility requirements for property
  611  damage.—
  612         (1)(a)Beginning January 1, 2020, every owner or operator
  613  of a motor vehicle required to be registered in this state shall
  614  establish and continuously maintain the ability to respond in
  615  damages for liability on account of accidents arising out of the
  616  use of the motor vehicle in the amount of:
  617         1.Twenty-five thousand dollars for bodily injury to, or
  618  the death of, one person in any one crash and, subject to such
  619  limits for one person, in the amount of $50,000 for bodily
  620  injury to, or the death of, two or more persons in any one
  621  crash; and
  622         2. Ten thousand dollars for $10,000 because of damage to,
  623  or destruction of, property of others in any one crash.
  624         (b) The requirements of paragraph (a) this section may be
  625  met by one of the methods established in s. 324.031; by self
  626  insuring as authorized by s. 768.28(16); or by maintaining a
  627  motor vehicle liability insurance policy that an insurance
  628  policy providing coverage for property damage liability in the
  629  amount of at least $10,000 because of damage to, or destruction
  630  of, property of others in any one accident arising out of the
  631  use of the motor vehicle. The requirements of this section may
  632  also be met by having a policy which provides combined property
  633  damage liability and bodily injury liability coverage for any
  634  one crash arising out of the ownership, maintenance, or use of a
  635  motor vehicle which conforms to the requirements of s. 324.151
  636  in the amount of at least $60,000 for every owner or operator
  637  subject to the financial responsibility required in paragraph
  638  (a) $30,000 for combined property damage liability and bodily
  639  injury liability for any one crash arising out of the use of the
  640  motor vehicle. The policy, with respect to coverage for property
  641  damage liability, must meet the applicable requirements of s.
  642  324.151, subject to the usual policy exclusions that have been
  643  approved in policy forms by the Office of Insurance Regulation.
  644  No insurer shall have any duty to defend uncovered claims
  645  irrespective of their joinder with covered claims.
  646         (2) As used in this section, the term:
  647         (a) “Motor vehicle” means any self-propelled vehicle that
  648  has four or more wheels and that is of a type designed and
  649  required to be licensed for use on the highways of this state,
  650  and any trailer or semitrailer designed for use with such
  651  vehicle. The term does not include the following:
  652         1. A mobile home as defined in s. 320.01.
  653         2. A motor vehicle that is used in mass transit and
  654  designed to transport more than five passengers, exclusive of
  655  the operator of the motor vehicle, and that is owned by a
  656  municipality, transit authority, or political subdivision of the
  657  state.
  658         3. A school bus as defined in s. 1006.25, which must
  659  maintain security as required under s. 316.615.
  660         4. A commercial motor vehicle as defined in s. 207.002 or
  661  s. 320.01, which must maintain security as required under ss.
  662  324.031 and 627.7415.
  663         5. A nonpublic sector bus, which must maintain security as
  664  required under ss. 324.031 and 627.742.
  665         6.4. A vehicle providing for-hire passenger transportation
  666  vehicle, which must that is subject to the provisions of s.
  667  324.031. A taxicab shall maintain security as required under s.
  668  324.032 s. 324.032(1).
  669         7.5. A personal delivery device as defined in s. 316.003.
  670         (b) “Owner” means the person who holds legal title to a
  671  motor vehicle or the debtor or lessee who has the right to
  672  possession of a motor vehicle that is the subject of a security
  673  agreement or lease with an option to purchase.
  674         (3) Each nonresident owner or registrant of a motor vehicle
  675  that, whether operated or not, has been physically present
  676  within this state for more than 90 days during the preceding 365
  677  days shall maintain security as required by subsection (1). The
  678  security must be that is in effect continuously throughout the
  679  period the motor vehicle remains within this state.
  680         (4) An The owner or registrant of a motor vehicle who is
  681  exempt from the requirements of this section if she or he is a
  682  member of the United States Armed Forces and is called to or on
  683  active duty outside the United States in an emergency situation
  684  is exempt from this section while he or she. The exemption
  685  provided by this subsection applies only as long as the member
  686  of the Armed Forces is on such active duty. This exemption
  687  outside the United States and applies only while the vehicle
  688  covered by the security is not operated by any person. Upon
  689  receipt of a written request by the insured to whom the
  690  exemption provided in this subsection applies, the insurer shall
  691  cancel the coverages and return any unearned premium or suspend
  692  the security required by this section. Notwithstanding s.
  693  324.0221(2) s. 324.0221(3), the department may not suspend the
  694  registration or operator’s license of an any owner or registrant
  695  of a motor vehicle during the time she or he qualifies for the
  696  an exemption under this subsection. An Any owner or registrant
  697  of a motor vehicle who qualifies for the an exemption under this
  698  subsection shall immediately notify the department before prior
  699  to and at the end of the expiration of the exemption.
  700         Section 14. Subsections (1) and (2) of section 324.0221,
  701  Florida Statutes, are amended to read:
  702         324.0221 Reports by insurers to the department; suspension
  703  of driver license and vehicle registrations; reinstatement.—
  704         (1)(a) Each insurer that has issued a policy providing
  705  personal injury protection coverage or property damage liability
  706  coverage shall report the cancellation or nonrenewal thereof to
  707  the department within 10 days after the processing date or
  708  effective date of each cancellation or nonrenewal. Upon the
  709  issuance of a policy providing personal injury protection
  710  coverage or property damage liability coverage to a named
  711  insured not previously insured by the insurer during that
  712  calendar year, the insurer shall report the issuance of the new
  713  policy to the department within 10 days. The report must shall
  714  be in the form and format and contain any information required
  715  by the department and must be provided in a format that is
  716  compatible with the data processing capabilities of the
  717  department. Failure by an insurer to file proper reports with
  718  the department as required by this subsection constitutes a
  719  violation of the Florida Insurance Code. These records may shall
  720  be used by the department only for enforcement and regulatory
  721  purposes, including the generation by the department of data
  722  regarding compliance by owners of motor vehicles with the
  723  requirements for financial responsibility coverage.
  724         (b) With respect to an insurance policy providing personal
  725  injury protection coverage or property damage liability
  726  coverage, each insurer shall notify the named insured, or the
  727  first-named insured in the case of a commercial fleet policy, in
  728  writing that any cancellation or nonrenewal of the policy will
  729  be reported by the insurer to the department. The notice must
  730  also inform the named insured that failure to maintain bodily
  731  injury liability personal injury protection coverage and
  732  property damage liability coverage on a motor vehicle when
  733  required by law may result in the loss of registration and
  734  driving privileges in this state and inform the named insured of
  735  the amount of the reinstatement fees required by this section.
  736  This notice is for informational purposes only, and an insurer
  737  is not civilly liable for failing to provide this notice.
  738         (2) The department shall suspend, after due notice and an
  739  opportunity to be heard, the registration and driver license of
  740  any owner or registrant of a motor vehicle for with respect to
  741  which security is required under s. 324.022, s. 324.032, s.
  742  627.7415, or s. 627.742 ss. 324.022 and 627.733 upon:
  743         (a) The department’s records showing that the owner or
  744  registrant of such motor vehicle did not have the in full force
  745  and effect when required security in full force and effect that
  746  complies with the requirements of ss. 324.022 and 627.733; or
  747         (b) Notification by the insurer to the department, in a
  748  form approved by the department, of cancellation or termination
  749  of the required security.
  750         Section 15. Section 324.023, Florida Statutes, is amended
  751  to read:
  752         324.023 Financial responsibility for bodily injury or
  753  death.—In addition to any other financial responsibility
  754  required by law, every owner or operator of a motor vehicle that
  755  is required to be registered in this state, or that is located
  756  within this state, and who, regardless of adjudication of guilt,
  757  has been found guilty of or entered a plea of guilty or nolo
  758  contendere to a charge of driving under the influence under s.
  759  316.193 after October 1, 2007, shall, by one of the methods
  760  established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2),
  761  establish and maintain the ability to respond in damages for
  762  liability on account of accidents arising out of the use of a
  763  motor vehicle in the amount of $100,000 because of bodily injury
  764  to, or death of, one person in any one crash and, subject to
  765  such limits for one person, in the amount of $300,000 because of
  766  bodily injury to, or death of, two or more persons in any one
  767  crash and in the amount of $50,000 because of property damage in
  768  any one crash. If the owner or operator chooses to establish and
  769  maintain such ability by furnishing a certificate of deposit
  770  pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of
  771  deposit must be at least $350,000. Such higher limits must be
  772  carried for a minimum period of 3 years. If the owner or
  773  operator has not been convicted of driving under the influence
  774  or a felony traffic offense for a period of 3 years from the
  775  date of reinstatement of driving privileges for a violation of
  776  s. 316.193, the owner or operator shall be exempt from this
  777  section.
  778         Section 16. Section 324.031, Florida Statutes, is amended
  779  to read:
  780         324.031 Manner of proving financial responsibility.—
  781         (1)The owner or operator of a taxicab, limousine, jitney,
  782  or any other for-hire passenger transportation vehicle may prove
  783  financial responsibility by providing satisfactory evidence of
  784  holding a motor vehicle liability policy as defined in s.
  785  324.021(8) or s. 324.151, which policy is issued by an insurance
  786  carrier which is a member of the Florida Insurance Guaranty
  787  Association. The operator or owner of a motor vehicle other than
  788  a for-hire passenger transportation vehicle any other vehicle
  789  may prove his or her financial responsibility by:
  790         (a)(1) Furnishing satisfactory evidence of holding a motor
  791  vehicle liability policy as defined in ss. 324.021(8) and
  792  324.151;
  793         (b)(2) Furnishing a certificate of self-insurance showing a
  794  deposit of cash in accordance with s. 324.161; or
  795         (c)(3) Furnishing a certificate of self-insurance issued by
  796  the department in accordance with s. 324.171.
  797         (2)(a)Beginning January 1, 2020, any person, including any
  798  firm, partnership, association, corporation, or other person,
  799  other than a natural person, electing to use the method of proof
  800  specified in paragraph (1)(b) subsection (2) shall furnish a
  801  certificate of deposit equal to the number of vehicles owned
  802  times $60,000 $30,000, to a maximum of $240,000. $120,000;
  803         (b) In addition, any such person, other than a natural
  804  person, shall maintain insurance providing coverage conforming
  805  to the requirements of s. 324.151 in excess of the amount of the
  806  certificate of deposit, with limits of at least:
  807         1. One hundred twenty-five thousand dollars for bodily
  808  injury to, or the death of, one person in any one crash and,
  809  subject to such limits for one person, in the amount of $250,000
  810  for bodily injury to, or the death of, two or more persons in
  811  any one crash, and $50,000 for damage to, or destruction of,
  812  property of others in any one crash; or
  813         2. Three hundred thousand dollars for combined bodily
  814  injury liability and property damage liability for any one crash
  815  $10,000/20,000/10,000 or $30,000 combined single limits, and
  816  such excess insurance shall provide minimum limits of
  817  $125,000/250,000/50,000 or $300,000 combined single limits.
  818  These increased limits shall not affect the requirements for
  819  proving financial responsibility under s. 324.032(1).
  820         Section 17. Section 324.032, Florida Statutes, is amended
  821  to read:
  822         324.032 Manner of proving Financial responsibility for;
  823  for-hire passenger transportation vehicles.—Notwithstanding the
  824  provisions of s. 324.031:
  825         (1) An owner or lessee of a for-hire passenger
  826  transportation vehicle that is required to be registered in this
  827  state shall establish and continuously maintain the ability to
  828  respond in damages for liability on account of accidents arising
  829  out of the ownership, maintenance, or use of the for-hire
  830  passenger transportation vehicle, in the amount of:
  831         (a) One hundred twenty-five thousand dollars for bodily
  832  injury to, or the death of, one person in any one crash and,
  833  subject to such limits for one person, in the amount of $250,000
  834  for bodily injury to, or the death of, two or more persons in
  835  any one crash; and A person who is either the owner or a lessee
  836  required to maintain insurance under s. 627.733(1)(b) and who
  837  operates one or more taxicabs, limousines, jitneys, or any other
  838  for-hire passenger transportation vehicles may prove financial
  839  responsibility by furnishing satisfactory evidence of holding a
  840  motor vehicle liability policy, but with minimum limits of
  841  $125,000/250,000/50,000.
  842         (b) Fifty thousand dollars for damage to, or destruction
  843  of, property of others in any one crash A person who is either
  844  the owner or a lessee required to maintain insurance under s.
  845  324.021(9)(b) and who operates limousines, jitneys, or any other
  846  for-hire passenger vehicles, other than taxicabs, may prove
  847  financial responsibility by furnishing satisfactory evidence of
  848  holding a motor vehicle liability policy as defined in s.
  849  324.031.
  850         (2)Except as provided in subsection (3), the requirements
  851  of this section must be met by the owner or lessee providing
  852  satisfactory evidence of holding a motor vehicle liability
  853  policy conforming to the requirements of s. 324.151 which is
  854  issued by an insurance carrier that is a member of the Florida
  855  Insurance Guaranty Association.
  856         (3)(2) An owner or a lessee who is required to maintain
  857  insurance under s. 324.021(9)(b) and who operates at least 300
  858  taxicabs, limousines, jitneys, or any other for-hire passenger
  859  transportation vehicles may provide financial responsibility by
  860  complying with the provisions of s. 324.171, which must such
  861  compliance to be demonstrated by maintaining at its principal
  862  place of business an audited financial statement, prepared in
  863  accordance with generally accepted accounting principles, and
  864  providing to the department a certification issued by a
  865  certified public accountant that the applicant’s net worth is at
  866  least equal to the requirements of s. 324.171 as determined by
  867  the Office of Insurance Regulation of the Financial Services
  868  Commission, including claims liabilities in an amount certified
  869  as adequate by a Fellow of the Casualty Actuarial Society.
  870  
  871  Upon request by the department, the applicant shall must provide
  872  the department at the applicant’s principal place of business in
  873  this state access to the applicant’s underlying financial
  874  information and financial statements that provide the basis of
  875  the certified public accountant’s certification. The applicant
  876  shall reimburse the requesting department for all reasonable
  877  costs incurred by it in reviewing the supporting information.
  878  The maximum amount of self-insurance permissible under this
  879  subsection is $300,000 and must be stated on a per-occurrence
  880  basis, and the applicant shall maintain adequate excess
  881  insurance issued by an authorized or eligible insurer licensed
  882  or approved by the Office of Insurance Regulation. All risks
  883  self-insured shall remain with the owner or lessee providing it,
  884  and the risks are not transferable to any other person, unless a
  885  policy complying with subsections (1) and (2) subsection (1) is
  886  obtained.
  887         Section 18. Paragraph (b) of subsection (2) of section
  888  324.051, Florida Statutes, is amended to read:
  889         324.051 Reports of crashes; suspensions of licenses and
  890  registrations.—
  891         (2)
  892         (b) This subsection does shall not apply:
  893         1. To such operator or owner if such operator or owner had
  894  in effect at the time of such crash or traffic conviction a
  895  motor vehicle an automobile liability policy with respect to all
  896  of the registered motor vehicles owned by such operator or
  897  owner.
  898         2. To such operator, if not the owner of such motor
  899  vehicle, if there was in effect at the time of such crash or
  900  traffic conviction a motor vehicle an automobile liability
  901  policy or bond with respect to his or her operation of motor
  902  vehicles not owned by him or her.
  903         3. To such operator or owner if the liability of such
  904  operator or owner for damages resulting from such crash is, in
  905  the judgment of the department, covered by any other form of
  906  liability insurance or bond.
  907         4. To any person who has obtained from the department a
  908  certificate of self-insurance, in accordance with s. 324.171, or
  909  to any person operating a motor vehicle for such self-insurer.
  910  
  911  No such policy or bond shall be effective under this subsection
  912  unless it contains limits of not less than those specified in s.
  913  324.021(7).
  914         Section 19. Section 324.071, Florida Statutes, is amended
  915  to read:
  916         324.071 Reinstatement; renewal of license; reinstatement
  917  fee.—An Any operator or owner whose license or registration has
  918  been suspended pursuant to s. 324.051(2), s. 324.072, s.
  919  324.081, or s. 324.121 may effect its reinstatement upon
  920  compliance with the provisions of s. 324.051(2)(a)3. or 4., or
  921  s. 324.081(2) and (3), as the case may be, and with one of the
  922  provisions of s. 324.031 and upon payment to the department of a
  923  nonrefundable reinstatement fee of $15. Only one such fee may
  924  shall be paid by any one person regardless irrespective of the
  925  number of licenses and registrations to be then reinstated or
  926  issued to such person. All Such fees must shall be deposited to
  927  a department trust fund. If When the reinstatement of any
  928  license or registration is effected by compliance with s.
  929  324.051(2)(a)3. or 4., the department may shall not renew the
  930  license or registration within a period of 3 years after from
  931  such reinstatement, nor may shall any other license or
  932  registration be issued in the name of such person, unless the
  933  operator continues is continuing to comply with one of the
  934  provisions of s. 324.031.
  935         Section 20. Subsection (1) of section 324.091, Florida
  936  Statutes, is amended to read:
  937         324.091 Notice to department; notice to insurer.—
  938         (1) Each owner and operator involved in a crash or
  939  conviction case within the purview of this chapter shall furnish
  940  evidence of automobile liability insurance or motor vehicle
  941  liability insurance within 14 days after the date of the mailing
  942  of notice of crash by the department in the form and manner as
  943  it may designate. Upon receipt of evidence that a an automobile
  944  liability policy or motor vehicle liability policy was in effect
  945  at the time of the crash or conviction case, the department
  946  shall forward to the insurer such information for verification
  947  in a method as determined by the department. The insurer shall
  948  respond to the department within 20 days after the notice as to
  949  whether or not such information is valid. If the department
  950  determines that a an automobile liability policy or motor
  951  vehicle liability policy was not in effect and did not provide
  952  coverage for both the owner and the operator, it must shall take
  953  action as it is authorized to do under this chapter.
  954         Section 21. Section 324.151, Florida Statutes, is amended
  955  to read:
  956         324.151 Motor vehicle liability policies; required
  957  provisions.—
  958         (1) A motor vehicle liability policy that serves as to be
  959  proof of financial responsibility under s. 324.031(1)(a) must s.
  960  324.031(1), shall be issued to owners or operators of motor
  961  vehicles under the following provisions:
  962         (a) A motor vehicle An owner’s liability insurance policy
  963  issued to an owner of a motor vehicle registered in this state
  964  must shall designate by explicit description or by appropriate
  965  reference all motor vehicles for with respect to which coverage
  966  is thereby granted. The policy must and shall insure the person
  967  or persons owner named therein, and, except for a named driver
  968  excluded under s. 627.747, must insure any other person as
  969  operator using such motor vehicle or motor vehicles with the
  970  express or implied permission of such owner against loss from
  971  the liability imposed by law for damage arising out of the
  972  ownership, maintenance, or use of any such motor vehicle or
  973  motor vehicles within the United States or the Dominion of
  974  Canada, subject to limits, exclusive of interest and costs with
  975  respect to each such motor vehicle, as is provided for under s.
  976  324.021(7). Insurers may make available, with respect to
  977  property damage liability coverage, a deductible amount not to
  978  exceed $500. In the event of a property damage loss covered by a
  979  policy containing a property damage deductible provision, the
  980  insurer shall pay to the third-party claimant the amount of any
  981  property damage liability settlement or judgment, subject to
  982  policy limits, as if no deductible existed.
  983         (b) An operator’s motor vehicle liability policy of
  984  insurance must shall insure the person or persons named therein
  985  against loss from the liability imposed upon him or her by law
  986  for damages arising out of the use by the person of any motor
  987  vehicle not owned by him or her, with the same territorial
  988  limits and subject to the same limits of liability as referred
  989  to above with respect to an owner’s policy of liability
  990  insurance.
  991         (c) All such motor vehicle liability policies must shall
  992  state the name and address of the named insured, the coverage
  993  afforded by the policy, the premium charged therefor, the policy
  994  period, and the limits of liability, and must shall contain an
  995  agreement or be endorsed that insurance is provided in
  996  accordance with the coverage defined in this chapter as respects
  997  bodily injury and death or property damage or both and is
  998  subject to all provisions of this chapter. The Said policies
  999  must shall also contain a provision that the satisfaction by an
 1000  insured of a judgment for such injury or damage may shall not be
 1001  a condition precedent to the right or duty of the insurance
 1002  carrier to make payment on account of such injury or damage, and
 1003  must shall also contain a provision that bankruptcy or
 1004  insolvency of the insured or of the insured’s estate may shall
 1005  not relieve the insurance carrier of any of its obligations
 1006  under the said policy.
 1007         (2) The provisions of This section is shall not be
 1008  applicable to any motor vehicle automobile liability policy
 1009  unless and until it is furnished as proof of financial
 1010  responsibility for the future pursuant to s. 324.031, and then
 1011  applies only from and after the date the said policy is so
 1012  furnished.
 1013         Section 22. Section 627.747, Florida Statutes, is created
 1014  to read:
 1015         627.747 Named driver exclusion.—
 1016         (1) A private passenger motor vehicle policy may exclude an
 1017  identified individual from the following coverages while the
 1018  identified individual is operating a motor vehicle, provided
 1019  that the identified individual is specifically excluded by name
 1020  on the declarations page or by endorsement, and a policyholder
 1021  consents in writing to such exclusion:
 1022         (a) Property damage liability coverage.
 1023         (b) Bodily injury liability coverage.
 1024         (c) Uninsured motorist coverage for any damages sustained
 1025  by the identified excluded individual, if the policyholder has
 1026  purchased such coverage.
 1027         (d) Any coverage the policyholder is not required by law to
 1028  purchase.
 1029         (2) A private passenger motor vehicle policy may not
 1030  exclude coverage when:
 1031         (a) The identified excluded individual is injured while not
 1032  operating a motor vehicle;
 1033         (b)The exclusion is unfairly discriminatory under the
 1034  Florida Insurance Code, as determined by the office; or
 1035         (c)The exclusion is inconsistent with the underwriting
 1036  rules filed by the insurer pursuant to s. 627.0651(13)(a).
 1037         Section 23. Section 324.161, Florida Statutes, is amended
 1038  to read:
 1039         324.161 Proof of financial responsibility; deposit.—If a
 1040  person elects to prove his or her financial responsibility under
 1041  the method of proof specified in s. 324.031(1)(b), he or she
 1042  annually must obtain and submit to the department proof of a
 1043  certificate of deposit in the amount required under s.
 1044  324.031(2) from a financial institution insured by the Federal
 1045  Deposit Insurance Corporation or the National Credit Union
 1046  Administration Annually, before any certificate of insurance may
 1047  be issued to a person, including any firm, partnership,
 1048  association, corporation, or other person, other than a natural
 1049  person, proof of a certificate of deposit of $30,000 issued and
 1050  held by a financial institution must be submitted to the
 1051  department. A power of attorney will be issued to and held by
 1052  the department and may be executed upon a judgment issued
 1053  against such person making the deposit, for damages for because
 1054  of bodily injury to or death of any person or for damages for
 1055  because of injury to or destruction of property resulting from
 1056  the use or operation of any motor vehicle occurring after such
 1057  deposit was made. Money so deposited is shall not be subject to
 1058  attachment or execution unless such attachment or execution
 1059  arises shall arise out of a lawsuit suit for such damages as
 1060  aforesaid.
 1061         Section 24. Subsections (1) and (2) of section 324.171,
 1062  Florida Statutes, are amended to read:
 1063         324.171 Self-insurer.—
 1064         (1) A Any person may qualify as a self-insurer by obtaining
 1065  a certificate of self-insurance from the department. which may,
 1066  in its discretion and Upon application of such a person, the
 1067  department may issue a said certificate of self-insurance to an
 1068  applicant who satisfies when such person has satisfied the
 1069  requirements of this section. Effective January 1, 2020 to
 1070  qualify as a self-insurer under this section:
 1071         (a) A private individual with private passenger vehicles
 1072  shall possess a net unencumbered worth of at least $100,000
 1073  $40,000.
 1074         (b) A person, including any firm, partnership, association,
 1075  corporation, or other person, other than a natural person,
 1076  shall:
 1077         1. Possess a net unencumbered worth of at least $100,000
 1078  $40,000 for the first motor vehicle and $50,000 $20,000 for each
 1079  additional motor vehicle; or
 1080         2. Maintain sufficient net worth, in an amount determined
 1081  by the department, to be financially responsible for potential
 1082  losses. The department annually shall determine the minimum net
 1083  worth sufficient to satisfy this subparagraph as determined
 1084  annually by the department, pursuant to rules adopted
 1085  promulgated by the department, with the assistance of the Office
 1086  of Insurance Regulation of the Financial Services Commission, to
 1087  be financially responsible for potential losses. The rules must
 1088  consider any shall take into consideration excess insurance
 1089  carried by the applicant. The department’s determination must
 1090  shall be based upon reasonable actuarial principles considering
 1091  the frequency, severity, and loss development of claims incurred
 1092  by casualty insurers writing coverage on the type of motor
 1093  vehicles for which a certificate of self-insurance is desired.
 1094         (c) The owner of a commercial motor vehicle, as defined in
 1095  s. 207.002 or s. 320.01, may qualify as a self-insurer subject
 1096  to the standards provided for in subparagraph (b)2.
 1097         (2) The self-insurance certificate must shall provide
 1098  limits of liability insurance in the amounts specified under s.
 1099  324.021(7) or s. 627.7415 and shall provide personal injury
 1100  protection coverage under s. 627.733(3)(b).
 1101         Section 25. Section 324.251, Florida Statutes, is amended
 1102  to read:
 1103         324.251 Short title.—This chapter may be cited as the
 1104  “Financial Responsibility Law of 2019 1955” and is shall become
 1105  effective at 12:01 a.m., January 1, 2020 October 1, 1955.
 1106         Section 26. Subsection (4) of section 400.9905, Florida
 1107  Statutes, is amended to read:
 1108         400.9905 Definitions.—
 1109         (4)(a) “Clinic” means an entity where health care services
 1110  are provided to individuals and which tenders charges for
 1111  reimbursement for such services, including a mobile clinic and a
 1112  portable equipment provider. As used in this part, the term does
 1113  not include and the licensure requirements of this part do not
 1114  apply to:
 1115         1.(a) Entities licensed or registered by the state under
 1116  chapter 395; entities licensed or registered by the state and
 1117  providing only health care services within the scope of services
 1118  authorized under their respective licenses under ss. 383.30
 1119  383.332, chapter 390, chapter 394, chapter 397, this chapter
 1120  except part X, chapter 429, chapter 463, chapter 465, chapter
 1121  466, chapter 478, chapter 484, or chapter 651; end-stage renal
 1122  disease providers authorized under 42 C.F.R. part 405, subpart
 1123  U; providers certified under 42 C.F.R. part 485, subpart B or
 1124  subpart H; or any entity that provides neonatal or pediatric
 1125  hospital-based health care services or other health care
 1126  services by licensed practitioners solely within a hospital
 1127  licensed under chapter 395.
 1128         2.(b) Entities that own, directly or indirectly, entities
 1129  licensed or registered by the state pursuant to chapter 395;
 1130  entities that own, directly or indirectly, entities licensed or
 1131  registered by the state and providing only health care services
 1132  within the scope of services authorized pursuant to their
 1133  respective licenses under ss. 383.30-383.332, chapter 390,
 1134  chapter 394, chapter 397, this chapter except part X, chapter
 1135  429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
 1136  484, or chapter 651; end-stage renal disease providers
 1137  authorized under 42 C.F.R. part 405, subpart U; providers
 1138  certified under 42 C.F.R. part 485, subpart B or subpart H; or
 1139  any entity that provides neonatal or pediatric hospital-based
 1140  health care services by licensed practitioners solely within a
 1141  hospital licensed under chapter 395.
 1142         3.(c) Entities that are owned, directly or indirectly, by
 1143  an entity licensed or registered by the state pursuant to
 1144  chapter 395; entities that are owned, directly or indirectly, by
 1145  an entity licensed or registered by the state and providing only
 1146  health care services within the scope of services authorized
 1147  pursuant to their respective licenses under ss. 383.30-383.332,
 1148  chapter 390, chapter 394, chapter 397, this chapter except part
 1149  X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
 1150  478, chapter 484, or chapter 651; end-stage renal disease
 1151  providers authorized under 42 C.F.R. part 405, subpart U;
 1152  providers certified under 42 C.F.R. part 485, subpart B or
 1153  subpart H; or any entity that provides neonatal or pediatric
 1154  hospital-based health care services by licensed practitioners
 1155  solely within a hospital under chapter 395.
 1156         4.(d) Entities that are under common ownership, directly or
 1157  indirectly, with an entity licensed or registered by the state
 1158  pursuant to chapter 395; entities that are under common
 1159  ownership, directly or indirectly, with an entity licensed or
 1160  registered by the state and providing only health care services
 1161  within the scope of services authorized pursuant to their
 1162  respective licenses under ss. 383.30-383.332, chapter 390,
 1163  chapter 394, chapter 397, this chapter except part X, chapter
 1164  429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
 1165  484, or chapter 651; end-stage renal disease providers
 1166  authorized under 42 C.F.R. part 405, subpart U; providers
 1167  certified under 42 C.F.R. part 485, subpart B or subpart H; or
 1168  any entity that provides neonatal or pediatric hospital-based
 1169  health care services by licensed practitioners solely within a
 1170  hospital licensed under chapter 395.
 1171         5.(e) An entity that is exempt from federal taxation under
 1172  26 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
 1173  under 26 U.S.C. s. 409 that has a board of trustees at least
 1174  two-thirds of which are Florida-licensed health care
 1175  practitioners and provides only physical therapy services under
 1176  physician orders, any community college or university clinic,
 1177  and any entity owned or operated by the federal or state
 1178  government, including agencies, subdivisions, or municipalities
 1179  thereof.
 1180         6.(f) A sole proprietorship, group practice, partnership,
 1181  or corporation that provides health care services by physicians
 1182  covered by s. 627.419, that is directly supervised by one or
 1183  more of such physicians, and that is wholly owned by one or more
 1184  of those physicians or by a physician and the spouse, parent,
 1185  child, or sibling of that physician.
 1186         7.(g) A sole proprietorship, group practice, partnership,
 1187  or corporation that provides health care services by licensed
 1188  health care practitioners under chapter 457, chapter 458,
 1189  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
 1190  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
 1191  chapter 490, chapter 491, or part I, part III, part X, part
 1192  XIII, or part XIV of chapter 468, or s. 464.012, and that is
 1193  wholly owned by one or more licensed health care practitioners,
 1194  or the licensed health care practitioners set forth in this
 1195  subparagraph paragraph and the spouse, parent, child, or sibling
 1196  of a licensed health care practitioner if one of the owners who
 1197  is a licensed health care practitioner is supervising the
 1198  business activities and is legally responsible for the entity’s
 1199  compliance with all federal and state laws. However, a health
 1200  care practitioner may not supervise services beyond the scope of
 1201  the practitioner’s license, except that, for the purposes of
 1202  this part, a clinic owned by a licensee in s. 456.053(3)(b)
 1203  which provides only services authorized pursuant to s.
 1204  456.053(3)(b) may be supervised by a licensee specified in s.
 1205  456.053(3)(b).
 1206         8.(h) Clinical facilities affiliated with an accredited
 1207  medical school at which training is provided for medical
 1208  students, residents, or fellows.
 1209         9.(i) Entities that provide only oncology or radiation
 1210  therapy services by physicians licensed under chapter 458 or
 1211  chapter 459 or entities that provide oncology or radiation
 1212  therapy services by physicians licensed under chapter 458 or
 1213  chapter 459 which are owned by a corporation whose shares are
 1214  publicly traded on a recognized stock exchange.
 1215         10.(j) Clinical facilities affiliated with a college of
 1216  chiropractic accredited by the Council on Chiropractic Education
 1217  at which training is provided for chiropractic students.
 1218         11.(k) Entities that provide licensed practitioners to
 1219  staff emergency departments or to deliver anesthesia services in
 1220  facilities licensed under chapter 395 and that derive at least
 1221  90 percent of their gross annual revenues from the provision of
 1222  such services. Entities claiming an exemption from licensure
 1223  under this subparagraph paragraph must provide documentation
 1224  demonstrating compliance.
 1225         12.(l) Orthotic, prosthetic, pediatric cardiology, or
 1226  perinatology clinical facilities or anesthesia clinical
 1227  facilities that are not otherwise exempt under subparagraph 1.
 1228  or subparagraph 11. paragraph (a) or paragraph (k) and that are
 1229  a publicly traded corporation or are wholly owned, directly or
 1230  indirectly, by a publicly traded corporation. As used in this
 1231  subparagraph paragraph, a publicly traded corporation is a
 1232  corporation that issues securities traded on an exchange
 1233  registered with the United States Securities and Exchange
 1234  Commission as a national securities exchange.
 1235         13.(m) Entities that are owned by a corporation that has
 1236  $250 million or more in total annual sales of health care
 1237  services provided by licensed health care practitioners where
 1238  one or more of the persons responsible for the operations of the
 1239  entity is a health care practitioner who is licensed in this
 1240  state and who is responsible for supervising the business
 1241  activities of the entity and is responsible for the entity’s
 1242  compliance with state law for purposes of this part.
 1243         14.(n) Entities that employ 50 or more licensed health care
 1244  practitioners licensed under chapter 458 or chapter 459 where
 1245  the billing for medical services is under a single tax
 1246  identification number. The application for exemption under this
 1247  subsection must include shall contain information that includes:
 1248  the name, residence, and business address and telephone phone
 1249  number of the entity that owns the practice; a complete list of
 1250  the names and contact information of all the officers and
 1251  directors of the corporation; the name, residence address,
 1252  business address, and medical license number of each licensed
 1253  Florida health care practitioner employed by the entity; the
 1254  corporate tax identification number of the entity seeking an
 1255  exemption; a listing of health care services to be provided by
 1256  the entity at the health care clinics owned or operated by the
 1257  entity; and a certified statement prepared by an independent
 1258  certified public accountant which states that the entity and the
 1259  health care clinics owned or operated by the entity have not
 1260  received payment for health care services under medical payments
 1261  personal injury protection insurance coverage for the preceding
 1262  year. If the agency determines that an entity that which is
 1263  exempt under this subsection has received payments for medical
 1264  services under medical payments personal injury protection
 1265  insurance coverage, the agency may deny or revoke the exemption
 1266  from licensure under this subsection.
 1267         (b) Notwithstanding paragraph (a) this subsection, an
 1268  entity is shall be deemed a clinic and must be licensed under
 1269  this part in order to receive medical payments coverage
 1270  reimbursement under s. 627.7265 unless the entity is: the
 1271  Florida Motor Vehicle No-Fault Law, ss. 627.730-627.7405, unless
 1272  exempted under s. 627.736(5)(h).
 1273         1. Wholly owned by a physician licensed under chapter 458
 1274  or chapter 459, or by the physician and the spouse, parent,
 1275  child, or sibling of the physician;
 1276         2. Wholly owned by a dentist licensed under chapter 466, or
 1277  by the dentist and the spouse, parent, child, or sibling of the
 1278  dentist;
 1279         3. Wholly owned by a chiropractic physician licensed under
 1280  chapter 460, or by the chiropractic physician and the spouse,
 1281  parent, child, or sibling of the chiropractic physician;
 1282         4. A hospital or ambulatory surgical center licensed under
 1283  chapter 395;
 1284         5. An entity that wholly owns or is wholly owned, directly
 1285  or indirectly, by a hospital or hospitals licensed under chapter
 1286  395;
 1287         6. A clinical facility affiliated with an accredited
 1288  medical school at which training is provided for medical
 1289  students, residents, or fellows;
 1290         7.Certified under 42 C.F.R. part 485, subpart H; or
 1291         8. Owned by a publicly traded corporation, either directly
 1292  or indirectly through its subsidiaries, which has $250 million
 1293  or more in total annual sales of health care services provided
 1294  by licensed health care practitioners, if one or more of the
 1295  persons responsible for the operations of the entity are health
 1296  care practitioners who are licensed in this state and are
 1297  responsible for supervising the business activities of the
 1298  entity and the entity’s compliance with state law for purposes
 1299  of this section.
 1300         Section 27. Subsection (6) of section 400.991, Florida
 1301  Statutes, is amended to read:
 1302         400.991 License requirements; background screenings;
 1303  prohibitions.—
 1304         (6) All agency forms for licensure application or exemption
 1305  from licensure under this part must contain the following
 1306  statement:
 1307  
 1308         INSURANCE FRAUD NOTICE.—A person commits a fraudulent
 1309         insurance act, as defined in s. 626.989, Florida
 1310         Statutes, if the person who knowingly submits a false,
 1311         misleading, or fraudulent application or other
 1312         document when applying for licensure as a health care
 1313         clinic, seeking an exemption from licensure as a
 1314         health care clinic, or demonstrating compliance with
 1315         part X of chapter 400, Florida Statutes, with the
 1316         intent to use the license, exemption from licensure,
 1317         or demonstration of compliance to provide services or
 1318         seek reimbursement under a motor vehicle liability
 1319         insurance policy’s medical payments coverage the
 1320         Florida Motor Vehicle No-Fault Law, commits a
 1321         fraudulent insurance act, as defined in s. 626.989,
 1322         Florida Statutes. A person who presents a claim for
 1323         benefits under medical payments coverage, personal
 1324         injury protection benefits knowing that the payee
 1325         knowingly submitted such health care clinic
 1326         application or document, commits insurance fraud, as
 1327         defined in s. 817.234, Florida Statutes.
 1328         Section 28. Paragraph (g) of subsection (1) of section
 1329  400.9935, Florida Statutes, is amended to read:
 1330         400.9935 Clinic responsibilities.—
 1331         (1) Each clinic shall appoint a medical director or clinic
 1332  director who shall agree in writing to accept legal
 1333  responsibility for the following activities on behalf of the
 1334  clinic. The medical director or the clinic director shall:
 1335         (g) Conduct systematic reviews of clinic billings to ensure
 1336  that the billings are not fraudulent or unlawful. Upon discovery
 1337  of an unlawful charge, the medical director or clinic director
 1338  shall take immediate corrective action. If the clinic performs
 1339  only the technical component of magnetic resonance imaging,
 1340  static radiographs, computed tomography, or positron emission
 1341  tomography, and provides the professional interpretation of such
 1342  services, in a fixed facility that is accredited by a national
 1343  accrediting organization that is approved by the Centers for
 1344  Medicare and Medicaid Services for magnetic resonance imaging
 1345  and advanced diagnostic imaging services and if, in the
 1346  preceding quarter, the percentage of scans performed by that
 1347  clinic which was billed to motor vehicle all personal injury
 1348  protection insurance carriers under medical payments coverage
 1349  was less than 15 percent, the chief financial officer of the
 1350  clinic may, in a written acknowledgment provided to the agency,
 1351  assume the responsibility for the conduct of the systematic
 1352  reviews of clinic billings to ensure that the billings are not
 1353  fraudulent or unlawful.
 1354         Section 29. Subsection (28) of section 409.901, Florida
 1355  Statutes, is amended to read:
 1356         409.901 Definitions; ss. 409.901-409.920.—As used in ss.
 1357  409.901-409.920, except as otherwise specifically provided, the
 1358  term:
 1359         (28) “Third-party benefit” means any benefit that is or may
 1360  be available at any time through contract, court award,
 1361  judgment, settlement, agreement, or any arrangement between a
 1362  third party and any person or entity, including, without
 1363  limitation, a Medicaid recipient, a provider, another third
 1364  party, an insurer, or the agency, for any Medicaid-covered
 1365  injury, illness, goods, or services, including costs of medical
 1366  services related thereto, for bodily personal injury or for
 1367  death of the recipient, but specifically excluding policies of
 1368  life insurance policies on the recipient, unless available under
 1369  terms of the policy to pay medical expenses before prior to
 1370  death. The term includes, without limitation, collateral, as
 1371  defined in this section;, health insurance;, any benefit under a
 1372  health maintenance organization, a preferred provider
 1373  arrangement, a prepaid health clinic, liability insurance,
 1374  uninsured motorist insurance, or medical payments coverage; or
 1375  personal injury protection coverage, medical benefits under
 1376  workers’ compensation, and any obligation under law or equity to
 1377  provide medical support.
 1378         Section 30. Paragraph (f) of subsection (11) of section
 1379  409.910, Florida Statutes, is amended to read:
 1380         409.910 Responsibility for payments on behalf of Medicaid
 1381  eligible persons when other parties are liable.—
 1382         (11) The agency may, as a matter of right, in order to
 1383  enforce its rights under this section, institute, intervene in,
 1384  or join any legal or administrative proceeding in its own name
 1385  in one or more of the following capacities: individually, as
 1386  subrogee of the recipient, as assignee of the recipient, or as
 1387  lienholder of the collateral.
 1388         (f) Notwithstanding any provision in this section to the
 1389  contrary, in the event of an action in tort against a third
 1390  party in which the recipient or his or her legal representative
 1391  is a party which results in a judgment, award, or settlement
 1392  from a third party, the amount recovered shall be distributed as
 1393  follows:
 1394         1. After attorney attorney’s fees and taxable costs as
 1395  defined by the Florida Rules of Civil Procedure, one-half of the
 1396  remaining recovery shall be paid to the agency up to the total
 1397  amount of medical assistance provided by Medicaid.
 1398         2. The remaining amount of the recovery shall be paid to
 1399  the recipient.
 1400         3. For purposes of calculating the agency’s recovery of
 1401  medical assistance benefits paid, the fee for services of an
 1402  attorney retained by the recipient or his or her legal
 1403  representative shall be calculated at 25 percent of the
 1404  judgment, award, or settlement.
 1405         4. Notwithstanding any other provision of this section to
 1406  the contrary, the agency shall be entitled to all medical
 1407  coverage benefits up to the total amount of medical assistance
 1408  provided by Medicaid. For purposes of this paragraph, the term
 1409  “medical coverage” means any benefits under health insurance, a
 1410  health maintenance organization, a preferred provider
 1411  arrangement, or a prepaid health clinic, and the portion of
 1412  benefits designated for medical payments under coverage for
 1413  workers’ compensation coverage, motor vehicle insurance
 1414  coverage, personal injury protection, and casualty coverage.
 1415         Section 31. Paragraph (k) of subsection (2) of section
 1416  456.057, Florida Statutes, is amended to read:
 1417         456.057 Ownership and control of patient records; report or
 1418  copies of records to be furnished; disclosure of information.—
 1419         (2) As used in this section, the terms “records owner,”
 1420  “health care practitioner,” and “health care practitioner’s
 1421  employer” do not include any of the following persons or
 1422  entities; furthermore, the following persons or entities are not
 1423  authorized to acquire or own medical records, but are authorized
 1424  under the confidentiality and disclosure requirements of this
 1425  section to maintain those documents required by the part or
 1426  chapter under which they are licensed or regulated:
 1427         (k) Persons or entities practicing under s. 627.7265 s.
 1428  627.736(7).
 1429         Section 32. Paragraphs (ee) and (ff) of subsection (1) of
 1430  section 456.072, Florida Statutes, are amended to read:
 1431         456.072 Grounds for discipline; penalties; enforcement.—
 1432         (1) The following acts shall constitute grounds for which
 1433  the disciplinary actions specified in subsection (2) may be
 1434  taken:
 1435         (ee) With respect to making a medical payments coverage
 1436  personal injury protection claim under s. 627.7265 as required
 1437  by s. 627.736, intentionally submitting a claim, statement, or
 1438  bill that has been upcoded. As used in this paragraph, the term
 1439  “upcoded” means an action that submits a billing code that would
 1440  result in payment greater in amount than would be paid using a
 1441  billing code that accurately describes the services performed.
 1442  The term does not include an otherwise lawful bill by a magnetic
 1443  resonance imaging facility, which globally combines both
 1444  technical and professional components, if the amount of the
 1445  global bill is not more than the components if billed
 1446  separately; however, payment of such a bill constitutes payment
 1447  in full for all components of such service “upcoded” as defined
 1448  in s. 627.732.
 1449         (ff) With respect to making a medical payments coverage
 1450  personal injury protection claim as required under s. 627.7265
 1451  by s. 627.736, intentionally submitting a claim, statement, or
 1452  bill for payment of services that were not rendered.
 1453         Section 33. Paragraphs (i) and (o) of subsection (1) of
 1454  section 626.9541, Florida Statutes, are amended to read:
 1455         626.9541 Unfair methods of competition and unfair or
 1456  deceptive acts or practices defined.—
 1457         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
 1458  ACTS.—The following are defined as unfair methods of competition
 1459  and unfair or deceptive acts or practices:
 1460         (i) Unfair claim settlement practices.—
 1461         1. Attempting to settle claims on the basis of an
 1462  application, when serving as a binder or intended to become a
 1463  part of the policy, or any other material document which was
 1464  altered without notice to, or knowledge or consent of, the
 1465  insured;
 1466         2. A material misrepresentation made to an insured or any
 1467  other person having an interest in the proceeds payable under
 1468  such contract or policy, for the purpose and with the intent of
 1469  effecting settlement of such claims, loss, or damage under such
 1470  contract or policy on less favorable terms than those provided
 1471  in, and contemplated by, such contract or policy; or
 1472         3. Committing or performing with such frequency as to
 1473  indicate a general business practice any of the following:
 1474         a. Failing to adopt and implement standards for the proper
 1475  investigation of claims;
 1476         b. Misrepresenting pertinent facts or insurance policy
 1477  provisions relating to coverages at issue;
 1478         c. Failing to acknowledge and act promptly upon
 1479  communications with respect to claims;
 1480         d. Denying claims without conducting reasonable
 1481  investigations based upon available information;
 1482         e. Failing to affirm or deny full or partial coverage of
 1483  claims, and, as to partial coverage, the dollar amount or extent
 1484  of coverage, or failing to provide a written statement that the
 1485  claim is being investigated, upon the written request of the
 1486  insured within 30 days after proof-of-loss statements have been
 1487  completed;
 1488         f. Failing to promptly provide a reasonable explanation in
 1489  writing to the insured of the basis in the insurance policy, in
 1490  relation to the facts or applicable law, for denial of a claim
 1491  or for the offer of a compromise settlement;
 1492         g. Failing to promptly notify the insured of any additional
 1493  information necessary for the processing of a claim; or
 1494         h. Failing to clearly explain the nature of the requested
 1495  information and the reasons why such information is necessary.
 1496         i. Failing to pay personal injury protection insurance
 1497  claims within the time periods required by s. 627.736(4)(b). The
 1498  office may order the insurer to pay restitution to a
 1499  policyholder, medical provider, or other claimant, including
 1500  interest at a rate consistent with the amount set forth in s.
 1501  55.03(1), for the time period within which an insurer fails to
 1502  pay claims as required by law. Restitution is in addition to any
 1503  other penalties allowed by law, including, but not limited to,
 1504  the suspension of the insurer’s certificate of authority.
 1505         4. Failing to pay undisputed amounts of partial or full
 1506  benefits owed under first-party property insurance policies
 1507  within 90 days after an insurer receives notice of a residential
 1508  property insurance claim, determines the amounts of partial or
 1509  full benefits, and agrees to coverage, unless payment of the
 1510  undisputed benefits is prevented by an act of God, prevented by
 1511  the impossibility of performance, or due to actions by the
 1512  insured or claimant that constitute fraud, lack of cooperation,
 1513  or intentional misrepresentation regarding the claim for which
 1514  benefits are owed.
 1515         (o) Illegal dealings in premiums; excess or reduced charges
 1516  for insurance.—
 1517         1. Knowingly collecting any sum as a premium or charge for
 1518  insurance, which is not then provided, or is not in due course
 1519  to be provided, subject to acceptance of the risk by the
 1520  insurer, by an insurance policy issued by an insurer as
 1521  permitted by this code.
 1522         2. Knowingly collecting as a premium or charge for
 1523  insurance any sum in excess of or less than the premium or
 1524  charge applicable to such insurance, in accordance with the
 1525  applicable classifications and rates as filed with and approved
 1526  by the office, and as specified in the policy; or, in cases when
 1527  classifications, premiums, or rates are not required by this
 1528  code to be so filed and approved, premiums and charges collected
 1529  from a Florida resident in excess of or less than those
 1530  specified in the policy and as fixed by the insurer.
 1531  Notwithstanding any other provision of law, this provision shall
 1532  not be deemed to prohibit the charging and collection, by
 1533  surplus lines agents licensed under part VIII of this chapter,
 1534  of the amount of applicable state and federal taxes, or fees as
 1535  authorized by s. 626.916(4), in addition to the premium required
 1536  by the insurer or the charging and collection, by licensed
 1537  agents, of the exact amount of any discount or other such fee
 1538  charged by a credit card facility in connection with the use of
 1539  a credit card, as authorized by subparagraph (q)3., in addition
 1540  to the premium required by the insurer. This subparagraph shall
 1541  not be construed to prohibit collection of a premium for a
 1542  universal life or a variable or indeterminate value insurance
 1543  policy made in accordance with the terms of the contract.
 1544         3.a. Imposing or requesting an additional premium for
 1545  bodily injury liability coverage, property damage liability
 1546  coverage a policy of motor vehicle liability, personal injury
 1547  protection, medical payments coverage payment, or collision
 1548  coverage in a motor vehicle liability insurance policy insurance
 1549  or any combination thereof or refusing to renew the policy
 1550  solely because the insured was involved in a motor vehicle
 1551  accident unless the insurer’s file contains information from
 1552  which the insurer in good faith determines that the insured was
 1553  substantially at fault in the accident.
 1554         b. An insurer which imposes and collects such a surcharge
 1555  or which refuses to renew such policy shall, in conjunction with
 1556  the notice of premium due or notice of nonrenewal, notify the
 1557  named insured that he or she is entitled to reimbursement of
 1558  such amount or renewal of the policy under the conditions listed
 1559  below and will subsequently reimburse him or her or renew the
 1560  policy, if the named insured demonstrates that the operator
 1561  involved in the accident was:
 1562         (I) Lawfully parked;
 1563         (II) Reimbursed by, or on behalf of, a person responsible
 1564  for the accident or has a judgment against such person;
 1565         (III) Struck in the rear by another vehicle headed in the
 1566  same direction and was not convicted of a moving traffic
 1567  violation in connection with the accident;
 1568         (IV) Hit by a “hit-and-run” driver, if the accident was
 1569  reported to the proper authorities within 24 hours after
 1570  discovering the accident;
 1571         (V) Not convicted of a moving traffic violation in
 1572  connection with the accident, but the operator of the other
 1573  automobile involved in such accident was convicted of a moving
 1574  traffic violation;
 1575         (VI) Finally adjudicated not to be liable by a court of
 1576  competent jurisdiction;
 1577         (VII) In receipt of a traffic citation which was dismissed
 1578  or nolle prossed; or
 1579         (VIII) Not at fault as evidenced by a written statement
 1580  from the insured establishing facts demonstrating lack of fault
 1581  which are not rebutted by information in the insurer’s file from
 1582  which the insurer in good faith determines that the insured was
 1583  substantially at fault.
 1584         c. In addition to the other provisions of this
 1585  subparagraph, an insurer may not fail to renew a policy if the
 1586  insured has had only one accident in which he or she was at
 1587  fault within the current 3-year period. However, an insurer may
 1588  nonrenew a policy for reasons other than accidents in accordance
 1589  with s. 627.728. This subparagraph does not prohibit nonrenewal
 1590  of a policy under which the insured has had three or more
 1591  accidents, regardless of fault, during the most recent 3-year
 1592  period.
 1593         4. Imposing or requesting an additional premium for, or
 1594  refusing to renew, a policy for motor vehicle insurance solely
 1595  because the insured committed a noncriminal traffic infraction
 1596  as described in s. 318.14 unless the infraction is:
 1597         a. A second infraction committed within an 18-month period,
 1598  or a third or subsequent infraction committed within a 36-month
 1599  period.
 1600         b. A violation of s. 316.183, when such violation is a
 1601  result of exceeding the lawful speed limit by more than 15 miles
 1602  per hour.
 1603         5. Upon the request of the insured, the insurer and
 1604  licensed agent shall supply to the insured the complete proof of
 1605  fault or other criteria which justifies the additional charge or
 1606  cancellation.
 1607         6. No insurer shall impose or request an additional premium
 1608  for motor vehicle insurance, cancel or refuse to issue a policy,
 1609  or refuse to renew a policy because the insured or the applicant
 1610  is a handicapped or physically disabled person, so long as such
 1611  handicap or physical disability does not substantially impair
 1612  such person’s mechanically assisted driving ability.
 1613         7. No insurer may cancel or otherwise terminate any
 1614  insurance contract or coverage, or require execution of a
 1615  consent to rate endorsement, during the stated policy term for
 1616  the purpose of offering to issue, or issuing, a similar or
 1617  identical contract or coverage to the same insured with the same
 1618  exposure at a higher premium rate or continuing an existing
 1619  contract or coverage with the same exposure at an increased
 1620  premium.
 1621         8. No insurer may issue a nonrenewal notice on any
 1622  insurance contract or coverage, or require execution of a
 1623  consent to rate endorsement, for the purpose of offering to
 1624  issue, or issuing, a similar or identical contract or coverage
 1625  to the same insured at a higher premium rate or continuing an
 1626  existing contract or coverage at an increased premium without
 1627  meeting any applicable notice requirements.
 1628         9. No insurer shall, with respect to premiums charged for
 1629  motor vehicle insurance, unfairly discriminate solely on the
 1630  basis of age, sex, marital status, or scholastic achievement.
 1631         10. Imposing or requesting an additional premium for motor
 1632  vehicle comprehensive or uninsured motorist coverage solely
 1633  because the insured was involved in a motor vehicle accident or
 1634  was convicted of a moving traffic violation.
 1635         11. No insurer shall cancel or issue a nonrenewal notice on
 1636  any insurance policy or contract without complying with any
 1637  applicable cancellation or nonrenewal provision required under
 1638  the Florida Insurance Code.
 1639         12. No insurer shall impose or request an additional
 1640  premium, cancel a policy, or issue a nonrenewal notice on any
 1641  insurance policy or contract because of any traffic infraction
 1642  when adjudication has been withheld and no points have been
 1643  assessed pursuant to s. 318.14(9) and (10). However, this
 1644  subparagraph does not apply to traffic infractions involving
 1645  accidents in which the insurer has incurred a loss due to the
 1646  fault of the insured.
 1647         Section 34. Paragraph (a) of subsection (1) of section
 1648  626.989, Florida Statutes, is amended to read:
 1649         626.989 Investigation by department or Division of
 1650  Investigative and Forensic Services; compliance; immunity;
 1651  confidential information; reports to division; division
 1652  investigator’s power of arrest.—
 1653         (1) For the purposes of this section:
 1654         (a) A person commits a “fraudulent insurance act” if the
 1655  person:
 1656         1. Knowingly and with intent to defraud presents, causes to
 1657  be presented, or prepares with knowledge or belief that it will
 1658  be presented, to or by an insurer, self-insurer, self-insurance
 1659  fund, servicing corporation, purported insurer, broker, or any
 1660  agent thereof, any written statement as part of, or in support
 1661  of, an application for the issuance of, or the rating of, any
 1662  insurance policy, or a claim for payment or other benefit
 1663  pursuant to any insurance policy, which the person knows to
 1664  contain materially false information concerning any fact
 1665  material thereto or if the person conceals, for the purpose of
 1666  misleading another, information concerning any fact material
 1667  thereto.
 1668         2. Knowingly submits:
 1669         a. A false, misleading, or fraudulent application or other
 1670  document when applying for licensure as a health care clinic,
 1671  seeking an exemption from licensure as a health care clinic, or
 1672  demonstrating compliance with part X of chapter 400 with an
 1673  intent to use the license, exemption from licensure, or
 1674  demonstration of compliance to provide services or seek
 1675  reimbursement under a motor vehicle liability insurance policy’s
 1676  medical payments coverage the Florida Motor Vehicle No-Fault
 1677  Law.
 1678         b. A claim for payment or other benefit under medical
 1679  payments coverage pursuant to a personal injury protection
 1680  insurance policy under the Florida Motor Vehicle No-Fault Law if
 1681  the person knows that the payee knowingly submitted a false,
 1682  misleading, or fraudulent application or other document when
 1683  applying for licensure as a health care clinic, seeking an
 1684  exemption from licensure as a health care clinic, or
 1685  demonstrating compliance with part X of chapter 400.
 1686         Section 35. Subsection (1) of section 627.06501, Florida
 1687  Statutes, is amended to read:
 1688         627.06501 Insurance discounts for certain persons
 1689  completing driver improvement course.—
 1690         (1) Any rate, rating schedule, or rating manual for the
 1691  liability, medical payments personal injury protection, and
 1692  collision coverages of a motor vehicle insurance policy filed
 1693  with the office may provide for an appropriate reduction in
 1694  premium charges as to such coverages if when the principal
 1695  operator on the covered vehicle has successfully completed a
 1696  driver improvement course approved and certified by the
 1697  Department of Highway Safety and Motor Vehicles which is
 1698  effective in reducing crash or violation rates, or both, as
 1699  determined pursuant to s. 318.1451(5). Any discount, not to
 1700  exceed 10 percent, used by an insurer is presumed to be
 1701  appropriate unless credible data demonstrates otherwise.
 1702         Section 36. Subsection (1) of section 627.0652, Florida
 1703  Statutes, is amended to read:
 1704         627.0652 Insurance discounts for certain persons completing
 1705  safety course.—
 1706         (1) Any rates, rating schedules, or rating manuals for the
 1707  liability, medical payments personal injury protection, and
 1708  collision coverages of a motor vehicle insurance policy filed
 1709  with the office must shall provide for an appropriate reduction
 1710  in premium charges as to such coverages if when the principal
 1711  operator on the covered vehicle is an insured 55 years of age or
 1712  older who has successfully completed a motor vehicle accident
 1713  prevention course approved by the Department of Highway Safety
 1714  and Motor Vehicles. Any discount used by an insurer is presumed
 1715  to be appropriate unless credible data demonstrates otherwise.
 1716         Section 37. Subsections (1), (3), and (6) of section
 1717  627.0653, Florida Statutes, are amended to read:
 1718         627.0653 Insurance discounts for specified motor vehicle
 1719  equipment.—
 1720         (1) Any rates, rating schedules, or rating manuals for the
 1721  liability, medical payments personal injury protection, and
 1722  collision coverages of a motor vehicle insurance policy filed
 1723  with the office must shall provide a premium discount if the
 1724  insured vehicle is equipped with factory-installed, four-wheel
 1725  antilock brakes.
 1726         (3) Any rates, rating schedules, or rating manuals for
 1727  personal injury protection coverage and medical payments
 1728  coverage, if offered, of a motor vehicle insurance policy filed
 1729  with the office must shall provide a premium discount if the
 1730  insured vehicle is equipped with one or more air bags that which
 1731  are factory installed.
 1732         (6) The Office of Insurance Regulation may approve a
 1733  premium discount to any rates, rating schedules, or rating
 1734  manuals for the liability, medical payments personal injury
 1735  protection, and collision coverages of a motor vehicle insurance
 1736  policy filed with the office if the insured vehicle is equipped
 1737  with autonomous driving technology or electronic vehicle
 1738  collision avoidance technology that is factory installed or a
 1739  retrofitted system and that complies with National Highway
 1740  Traffic Safety Administration standards.
 1741         Section 38. Section 627.4132, Florida Statutes, is amended
 1742  to read:
 1743         627.4132 Stacking of coverages prohibited.—If an insured or
 1744  named insured is protected by any type of motor vehicle
 1745  insurance policy for bodily injury and property damage
 1746  liability, personal injury protection, or other coverage, the
 1747  policy must shall provide that the insured or named insured is
 1748  protected only to the extent of the coverage she or he has on
 1749  the vehicle involved in the accident. However, if none of the
 1750  insured’s or named insured’s vehicles are is involved in the
 1751  accident, coverage is available only to the extent of coverage
 1752  on any one of the vehicles with applicable coverage. Coverage on
 1753  any other vehicles may shall not be added to or stacked upon
 1754  that coverage. This section does not apply:
 1755         (1) To uninsured motorist coverage that which is separately
 1756  governed by s. 627.727.
 1757         (2) To reduce the coverage available by reason of insurance
 1758  policies insuring different named insureds.
 1759         Section 39. Section 627.7263, Florida Statutes, is amended
 1760  to read:
 1761         627.7263 Rental and leasing driver’s insurance to be
 1762  primary; exception.—
 1763         (1) The valid and collectible liability insurance and
 1764  medical payments coverage or personal injury protection
 1765  insurance providing coverage for the lessor of a motor vehicle
 1766  for rent or lease is primary unless otherwise stated in at least
 1767  10-point type on the face of the rental or lease agreement. Such
 1768  insurance is primary for the limits of liability and personal
 1769  injury protection coverage as required by s. 324.021(7) and the
 1770  medical payments coverage limit specified under s. 627.7265 ss.
 1771  324.021(7) and 627.736.
 1772         (2) If the lessee’s coverage is to be primary, the rental
 1773  or lease agreement must contain the following language, in at
 1774  least 10-point type:
 1775  
 1776         “The valid and collectible liability insurance and
 1777         medical payments coverage personal injury protection
 1778         insurance of an any authorized rental or leasing
 1779         driver is primary for the limits of liability and
 1780         personal injury protection coverage required under
 1781         section 324.021(7), Florida Statutes, and the medical
 1782         payments coverage limit specified under section
 1783         627.7265 by ss. 324.021(7) and 627.736, Florida
 1784         Statutes.”
 1785         Section 40. Section 627.7265, Florida Statutes, is created
 1786  to read:
 1787         627.7265 Motor vehicle insurance; medical payments
 1788  coverage.—
 1789         (1)Medical payments coverage must protect the named
 1790  insured, resident relatives, persons operating the insured motor
 1791  vehicle, passengers in the insured motor vehicle, and persons
 1792  who are struck by the insured motor vehicle and suffer bodily
 1793  injury while not an occupant of a self-propelled motor vehicle
 1794  at a limit of at least $5,000 for medical expense incurred due
 1795  to bodily injury, sickness, or disease arising out of the
 1796  ownership, maintenance, or use of a motor vehicle. The coverage
 1797  must provide an additional death benefit of at least $5,000.
 1798         (a) Before issuing a motor vehicle liability insurance
 1799  policy that is furnished as proof of financial responsibility
 1800  under s. 324.031, the insurer must offer medical payments
 1801  coverage at limits of $5,000 and $10,000. The insurer may also
 1802  offer medical payments coverage at limits greater than $5,000.
 1803         (b)The medical payments coverage must be offered with an
 1804  option with no deductible. The insurer may also offer medical
 1805  payments coverage with a deductible not to exceed $500.
 1806         (c)Each motor vehicle liability insurance policy that is
 1807  furnished as proof of financial responsibility under s. 324.031
 1808  is deemed to have:
 1809         1.Medical payments coverage to a limit of $10,000, unless
 1810  the insurer obtains the policyholder’s written refusal of
 1811  medical payments coverage or written selection of medical
 1812  payments coverage at a limit other than $10,000. The rejection
 1813  or selection of coverage at a limit other than $10,000 must be
 1814  made on a form approved by the office.
 1815         2.No medical payments coverage deductible, unless the
 1816  insurer obtains the policyholder’s written selection of a
 1817  deductible of up to $500. The selection of a deductible must be
 1818  made on a form approved by the office.
 1819         (d)1.The forms in subparagraphs (c)1. and 2. must fully
 1820  advise the applicant of the nature of the coverage being
 1821  rejected or the policy limit or deductible being selected. If
 1822  such form is signed by a named insured, it is conclusively
 1823  presumed that there was an informed, knowing rejection of the
 1824  coverage or election of the policy limit or deductible selected.
 1825         2.Unless the policyholder requests in writing the coverage
 1826  specified in this section, it need not be provided in or
 1827  supplemental to any other policy that renews, insures, extends,
 1828  changes, supersedes, or replaces an existing policy if the
 1829  policyholder has rejected the coverage specified in this section
 1830  or has selected an alternative coverage limit or deductible. At
 1831  least annually, the insurer shall provide the policyholder with
 1832  a notice of the availability of such coverage in a form approved
 1833  by the office. Such notice must be part of, and attached to, the
 1834  notice of premium and must provide for a means to allow the
 1835  insured to request medical payments coverage at the limits and
 1836  deductibles required to be offered under this section. The
 1837  notice must be given in a manner approved by the office. Receipt
 1838  of this notice does not constitute an affirmative waiver of the
 1839  insured’s right to medical payments coverage if the insured has
 1840  not signed a selection or rejection form.
 1841         (e) This section may not be construed to limit any other
 1842  coverage made available by an insurer.
 1843         (2)Upon receiving notice of an accident that is
 1844  potentially covered by medical payments coverage benefits, the
 1845  insurer must reserve $5,000 of medical payments coverage
 1846  benefits for payment to physicians licensed under chapter 458 or
 1847  chapter 459 or dentists licensed under chapter 466 who provide
 1848  emergency services and care, as defined in s. 395.002, or who
 1849  provide hospital inpatient care. The amount required to be held
 1850  in reserve may be used only to pay claims from such physicians
 1851  or dentists until 30 days after the date the insurer receives
 1852  notice of the accident. After the 30-day period, any amount of
 1853  the reserve for which the insurer has not received notice of
 1854  such claims may be used by the insurer to pay other claims. This
 1855  subsection does not require an insurer to establish a claim
 1856  reserve for insurance accounting purposes.
 1857         (3)An insurer providing medical payments coverage benefits
 1858  may not have a:
 1859         (a)Lien on any recovery in tort by judgment, settlement,
 1860  or otherwise for medical payments coverage benefits, whether
 1861  suit has been filed or settlement has been reached without suit;
 1862         (b)Cause of action against an alleged tortfeasor for
 1863  benefits paid under medical payments coverage; or
 1864         (c)Cause of action against a person to whom or for whom
 1865  medical payments coverage benefits were paid, except when
 1866  medical payments coverage benefits are paid by reason of fraud
 1867  by such person.
 1868         Section 41. Subsections (1) and (7) of section 627.727,
 1869  Florida Statutes, are amended, and present subsections (8), (9),
 1870  and (10) of that section are redesignated as subsections (7),
 1871  (8), and (9), respectively, to read:
 1872         627.727 Motor vehicle insurance; uninsured and underinsured
 1873  vehicle coverage; insolvent insurer protection.—
 1874         (1) A No motor vehicle liability insurance policy that
 1875  which provides bodily injury liability coverage may not shall be
 1876  delivered or issued for delivery in this state with respect to
 1877  any specifically insured or identified motor vehicle registered
 1878  or principally garaged in this state, unless uninsured motor
 1879  vehicle coverage is provided therein or supplemental thereto for
 1880  the protection of persons insured thereunder who are legally
 1881  entitled to recover damages from owners or operators of
 1882  uninsured motor vehicles because of bodily injury, sickness, or
 1883  disease, including death, resulting therefrom. However, the
 1884  coverage required under this section is not applicable if when,
 1885  or to the extent that, an insured named in the policy makes a
 1886  written rejection of the coverage on behalf of all insureds
 1887  under the policy. If When a motor vehicle is leased for a period
 1888  of 1 year or longer and the lessor of such vehicle, by the terms
 1889  of the lease contract, provides liability coverage on the leased
 1890  vehicle, the lessee of such vehicle has shall have the sole
 1891  privilege to reject uninsured motorist coverage or to select
 1892  lower limits than the bodily injury liability limits, regardless
 1893  of whether the lessor is qualified as a self-insurer pursuant to
 1894  s. 324.171. Unless an insured, or a lessee having the privilege
 1895  of rejecting uninsured motorist coverage, requests such coverage
 1896  or requests higher uninsured motorist limits in writing, the
 1897  coverage or such higher uninsured motorist limits need not be
 1898  provided in or supplemental to any other policy that which
 1899  renews, extends, changes, supersedes, or replaces an existing
 1900  policy with the same bodily injury liability limits when an
 1901  insured or lessee had rejected the coverage. When an insured or
 1902  lessee has initially selected limits of uninsured motorist
 1903  coverage lower than her or his bodily injury liability limits,
 1904  higher limits of uninsured motorist coverage need not be
 1905  provided in or supplemental to any other policy that which
 1906  renews, extends, changes, supersedes, or replaces an existing
 1907  policy with the same bodily injury liability limits unless an
 1908  insured requests higher uninsured motorist coverage in writing.
 1909  The rejection or selection of lower limits must shall be made on
 1910  a form approved by the office. The form must shall fully advise
 1911  the applicant of the nature of the coverage and must shall state
 1912  that the coverage is equal to bodily injury liability limits
 1913  unless lower limits are requested or the coverage is rejected.
 1914  The heading of the form must shall be in 12-point bold type and
 1915  must shall state: “You are electing not to purchase certain
 1916  valuable coverage that which protects you and your family or you
 1917  are purchasing uninsured motorist limits less than your bodily
 1918  injury liability limits when you sign this form. Please read
 1919  carefully.” If this form is signed by a named insured, it will
 1920  be conclusively presumed that there was an informed, knowing
 1921  rejection of coverage or election of lower limits on behalf of
 1922  all insureds. The insurer shall notify the named insured at
 1923  least annually of her or his options as to the coverage required
 1924  by this section. Such notice must shall be part of, and attached
 1925  to, the notice of premium, must shall provide for a means to
 1926  allow the insured to request such coverage, and must shall be
 1927  given in a manner approved by the office. Receipt of this notice
 1928  does not constitute an affirmative waiver of the insured’s right
 1929  to uninsured motorist coverage if where the insured has not
 1930  signed a selection or rejection form. The coverage described
 1931  under this section must shall be over and above, but may shall
 1932  not duplicate, the benefits available to an insured under any
 1933  workers’ compensation law, personal injury protection benefits,
 1934  disability benefits law, or similar law; under any automobile
 1935  medical payments expense coverage; under any motor vehicle
 1936  liability insurance coverage; or from the owner or operator of
 1937  the uninsured motor vehicle or any other person or organization
 1938  jointly or severally liable together with such owner or operator
 1939  for the accident,; and such coverage must shall cover the
 1940  difference, if any, between the sum of such benefits and the
 1941  damages sustained, up to the maximum amount of such coverage
 1942  provided under this section. The amount of coverage available
 1943  under this section may shall not be reduced by a setoff against
 1944  any coverage, including liability insurance. Such coverage does
 1945  shall not inure directly or indirectly to the benefit of any
 1946  workers’ compensation or disability benefits carrier or any
 1947  person or organization qualifying as a self-insurer under any
 1948  workers’ compensation or disability benefits law or similar law.
 1949         (7) The legal liability of an uninsured motorist coverage
 1950  insurer does not include damages in tort for pain, suffering,
 1951  mental anguish, and inconvenience unless the injury or disease
 1952  is described in one or more of paragraphs (a)-(d) of s.
 1953  627.737(2).
 1954         Section 42. Subsection (1) and paragraphs (a) and (b) of
 1955  subsection (2) of section 627.7275, Florida Statutes, are
 1956  amended to read:
 1957         627.7275 Motor vehicle liability.—
 1958         (1) A motor vehicle insurance policy providing personal
 1959  injury protection as set forth in s. 627.736 may not be
 1960  delivered or issued for delivery in this state for a with
 1961  respect to any specifically insured or identified motor vehicle
 1962  registered or principally garaged in this state must provide
 1963  bodily injury liability coverage and unless the policy also
 1964  provides coverage for property damage liability coverage as
 1965  required under by s. 324.022.
 1966         (2)(a) Insurers writing motor vehicle insurance in this
 1967  state shall make available, subject to the insurers’ usual
 1968  underwriting restrictions:
 1969         1. Coverage under policies as described in subsection (1)
 1970  to an applicant for private passenger motor vehicle insurance
 1971  coverage who is seeking the coverage in order to reinstate the
 1972  applicant’s driving privileges in this state if the driving
 1973  privileges were revoked or suspended pursuant to s. 316.646 or
 1974  s. 324.0221 due to the failure of the applicant to maintain
 1975  required security.
 1976         2. Coverage under policies as described in subsection (1),
 1977  which includes bodily injury also provides liability coverage
 1978  and property damage liability coverage, for bodily injury,
 1979  death, and property damage arising out of the ownership,
 1980  maintenance, or use of the motor vehicle in an amount not less
 1981  than the minimum limits required under described in s.
 1982  324.021(7) or s. 324.023 and which conforms to the requirements
 1983  of s. 324.151, to an applicant for private passenger motor
 1984  vehicle insurance coverage who is seeking the coverage in order
 1985  to reinstate the applicant’s driving privileges in this state
 1986  after such privileges were revoked or suspended under s. 316.193
 1987  or s. 322.26(2) for driving under the influence.
 1988         (b) The policies described in paragraph (a) must shall be
 1989  issued for at least 6 months and, as to the minimum coverages
 1990  required under this section, may not be canceled by the insured
 1991  for any reason or by the insurer after 60 days, during which
 1992  period the insurer is completing the underwriting of the policy.
 1993  After the insurer has completed underwriting the policy, the
 1994  insurer shall notify the Department of Highway Safety and Motor
 1995  Vehicles that the policy is in full force and effect and is not
 1996  cancelable for the remainder of the policy period. A premium
 1997  must shall be collected and the coverage is in effect for the
 1998  60-day period during which the insurer is completing the
 1999  underwriting of the policy, whether or not the person’s driver
 2000  license, motor vehicle tag, and motor vehicle registration are
 2001  in effect. Once the noncancelable provisions of the policy
 2002  become effective, the bodily injury liability and property
 2003  damage liability coverages for bodily injury, property damage,
 2004  and personal injury protection may not be reduced below the
 2005  minimum limits required under s. 324.021 or s. 324.023 during
 2006  the policy period.
 2007         Section 43. Paragraph (a) of subsection (1) of section
 2008  627.728, Florida Statutes, is amended to read:
 2009         627.728 Cancellations; nonrenewals.—
 2010         (1) As used in this section, the term:
 2011         (a) “Policy” means the bodily injury and property damage
 2012  liability, personal injury protection, medical payments,
 2013  comprehensive, collision, and uninsured motorist coverage
 2014  portions of a policy of motor vehicle insurance delivered or
 2015  issued for delivery in this state:
 2016         1. Insuring a natural person as named insured or one or
 2017  more related individuals who are residents resident of the same
 2018  household; and
 2019         2. Insuring only a motor vehicle of the private passenger
 2020  type or station wagon type which is not used as a public or
 2021  livery conveyance for passengers or rented to others; or
 2022  insuring any other four-wheel motor vehicle having a load
 2023  capacity of 1,500 pounds or less which is not used in the
 2024  occupation, profession, or business of the insured other than
 2025  farming; other than any policy issued under an automobile
 2026  insurance assigned risk plan or covering garage, automobile
 2027  sales agency, repair shop, service station, or public parking
 2028  place operation hazards.
 2029  
 2030  The term “policy” does not include a binder as defined in s.
 2031  627.420 unless the duration of the binder period exceeds 60
 2032  days.
 2033         Section 44. Subsection (1), paragraph (a) of subsection
 2034  (5), and subsections (6) and (7) of section 627.7295, Florida
 2035  Statutes, are amended to read:
 2036         627.7295 Motor vehicle insurance contracts.—
 2037         (1) As used in this section, the term:
 2038         (a) “Policy” means a motor vehicle insurance policy that
 2039  provides bodily injury liability personal injury protection
 2040  coverage and, property damage liability coverage, or both.
 2041         (b) “Binder” means a binder that provides motor vehicle
 2042  bodily injury liability coverage personal injury protection and
 2043  property damage liability coverage.
 2044         (5)(a) A licensed general lines agent may charge a per
 2045  policy fee up to not to exceed $10 to cover the administrative
 2046  costs of the agent associated with selling the motor vehicle
 2047  insurance policy if the policy covers only bodily injury
 2048  liability coverage personal injury protection coverage as
 2049  provided by s. 627.736 and property damage liability coverage as
 2050  provided by s. 627.7275 and if no other insurance is sold or
 2051  issued in conjunction with or collateral to the policy. The fee
 2052  is not considered part of the premium.
 2053         (6) If a motor vehicle owner’s driver license, license
 2054  plate, and registration have previously been suspended pursuant
 2055  to s. 316.646 or s. 627.733, an insurer may cancel a new policy
 2056  only as provided in s. 627.7275.
 2057         (7) A policy of private passenger motor vehicle insurance
 2058  or a binder for such a policy may be initially issued in this
 2059  state only if, before the effective date of such binder or
 2060  policy, the insurer or agent has collected from the insured an
 2061  amount equal to 2 months’ premium from the insured. An insurer,
 2062  agent, or premium finance company may not, directly or
 2063  indirectly, take any action that results resulting in the
 2064  insured paying having paid from the insured’s own funds an
 2065  amount less than the 2 months’ premium required by this
 2066  subsection. This subsection applies without regard to whether
 2067  the premium is financed by a premium finance company or is paid
 2068  pursuant to a periodic payment plan of an insurer or an
 2069  insurance agent.
 2070         (a) This subsection does not apply:
 2071         1. If an insured or member of the insured’s family is
 2072  renewing or replacing a policy or a binder for such policy
 2073  written by the same insurer or a member of the same insurer
 2074  group. This subsection does not apply
 2075         2. To an insurer that issues private passenger motor
 2076  vehicle coverage primarily to active duty or former military
 2077  personnel or their dependents. This subsection does not apply
 2078         3. If all policy payments are paid pursuant to a payroll
 2079  deduction plan, an automatic electronic funds transfer payment
 2080  plan from the policyholder, or a recurring credit card or debit
 2081  card agreement with the insurer.
 2082         (b) This subsection and subsection (4) do not apply if:
 2083         1. All policy payments to an insurer are paid pursuant to
 2084  an automatic electronic funds transfer payment plan from an
 2085  agent, a managing general agent, or a premium finance company
 2086  and if the policy includes, at a minimum, bodily injury
 2087  liability coverage and personal injury protection pursuant to
 2088  ss. 627.730-627.7405; motor vehicle property damage liability
 2089  coverage pursuant to s. 627.7275; or and bodily injury liability
 2090  in at least the amount of $10,000 because of bodily injury to,
 2091  or death of, one person in any one accident and in the amount of
 2092  $20,000 because of bodily injury to, or death of, two or more
 2093  persons in any one accident. This subsection and subsection (4)
 2094  do not apply if
 2095         2. An insured has had a policy in effect for at least 6
 2096  months, the insured’s agent is terminated by the insurer that
 2097  issued the policy, and the insured obtains coverage on the
 2098  policy’s renewal date with a new company through the terminated
 2099  agent.
 2100         Section 45. Section 627.7415, Florida Statutes, is amended
 2101  to read:
 2102         627.7415 Commercial motor vehicles; additional liability
 2103  insurance coverage.—Beginning January 1, 2020, commercial motor
 2104  vehicles, as defined in s. 207.002 or s. 320.01, operated upon
 2105  the roads and highways of this state must shall be insured with
 2106  the following minimum levels of combined bodily liability
 2107  insurance and property damage liability insurance in addition to
 2108  any other insurance requirements:
 2109         (1) Sixty Fifty thousand dollars per occurrence for a
 2110  commercial motor vehicle with a gross vehicle weight of 26,000
 2111  pounds or more, but less than 35,000 pounds.
 2112         (2) One hundred twenty thousand dollars per occurrence for
 2113  a commercial motor vehicle with a gross vehicle weight of 35,000
 2114  pounds or more, but less than 44,000 pounds.
 2115         (3) Three hundred thousand dollars per occurrence for a
 2116  commercial motor vehicle with a gross vehicle weight of 44,000
 2117  pounds or more.
 2118         (4) All commercial motor vehicles subject to regulations of
 2119  the United States Department of Transportation, 49 C.F.R. part
 2120  387, subpart A, and as may be hereinafter amended, shall be
 2121  insured in an amount equivalent to the minimum levels of
 2122  financial responsibility as set forth in such regulations.
 2123  
 2124  A violation of this section is a noncriminal traffic infraction,
 2125  punishable as a nonmoving violation as provided in chapter 318.
 2126         Section 46. Paragraphs (b), (c), and (g) of subsection (7)
 2127  and paragraphs (a) and (b) of subsection (8) of section 627.748,
 2128  Florida Statutes, are amended to read:
 2129         627.748 Transportation network companies.—
 2130         (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE
 2131  REQUIREMENTS.—
 2132         (b) The following automobile insurance requirements apply
 2133  while a participating TNC driver is logged on to the digital
 2134  network but is not engaged in a prearranged ride:
 2135         1. Automobile insurance that provides:
 2136         a. A primary automobile liability coverage of at least
 2137  $50,000 for death and bodily injury per person, $100,000 for
 2138  death and bodily injury per incident, and $25,000 for property
 2139  damage; and
 2140         b. Personal injury protection benefits that meet the
 2141  minimum coverage amounts required under ss. 627.730-627.7405;
 2142  and
 2143         c. Uninsured and underinsured vehicle coverage as required
 2144  by s. 627.727.
 2145         2. The coverage requirements of this paragraph may be
 2146  satisfied by any of the following:
 2147         a. Automobile insurance maintained by the TNC driver;
 2148         b. Automobile insurance maintained by the TNC; or
 2149         c. A combination of sub-subparagraphs a. and b.
 2150         (c) The following automobile insurance requirements apply
 2151  while a TNC driver is engaged in a prearranged ride:
 2152         1. Automobile insurance that provides:
 2153         a. A primary automobile liability coverage of at least $1
 2154  million for death, bodily injury, and property damage; and
 2155         b. Personal injury protection benefits that meet the
 2156  minimum coverage amounts required of a limousine under ss.
 2157  627.730-627.7405; and
 2158         c. Uninsured and underinsured vehicle coverage as required
 2159  by s. 627.727.
 2160         2. The coverage requirements of this paragraph may be
 2161  satisfied by any of the following:
 2162         a. Automobile insurance maintained by the TNC driver;
 2163         b. Automobile insurance maintained by the TNC; or
 2164         c. A combination of sub-subparagraphs a. and b.
 2165         (g) Insurance satisfying the requirements under this
 2166  subsection is deemed to satisfy the financial responsibility
 2167  requirement for a motor vehicle under chapter 324 and the
 2168  security required under s. 627.733 for any period when the TNC
 2169  driver is logged onto the digital network or engaged in a
 2170  prearranged ride.
 2171         (8) TRANSPORTATION NETWORK COMPANY AND INSURER; DISCLOSURE;
 2172  EXCLUSIONS.—
 2173         (a) Before a TNC driver is allowed to accept a request for
 2174  a prearranged ride on the digital network, the TNC must disclose
 2175  in writing to the TNC driver:
 2176         1. The insurance coverage, including the types of coverage
 2177  and the limits for each coverage, which the TNC provides while
 2178  the TNC driver uses a TNC vehicle in connection with the TNC’s
 2179  digital network.
 2180         2. That the TNC driver’s own automobile insurance policy
 2181  might not provide any coverage while the TNC driver is logged on
 2182  to the digital network or is engaged in a prearranged ride,
 2183  depending on the terms of the TNC driver’s own automobile
 2184  insurance policy.
 2185         3. That the provision of rides for compensation which are
 2186  not prearranged rides subjects the driver to the coverage
 2187  requirements imposed under s. 324.032(1) and (2) and that
 2188  failure to meet such coverage requirements subjects the TNC
 2189  driver to penalties provided in s. 324.221, up to and including
 2190  a misdemeanor of the second degree.
 2191         (b)1. An insurer that provides an automobile liability
 2192  insurance policy under this part may exclude any and all
 2193  coverage afforded under the policy issued to an owner or
 2194  operator of a TNC vehicle while driving that vehicle for any
 2195  loss or injury that occurs while a TNC driver is logged on to a
 2196  digital network or while a TNC driver provides a prearranged
 2197  ride. Exclusions imposed under this subsection are limited to
 2198  coverage while a TNC driver is logged on to a digital network or
 2199  while a TNC driver provides a prearranged ride. This right to
 2200  exclude all coverage may apply to any coverage included in an
 2201  automobile insurance policy, including, but not limited to:
 2202         a. Liability coverage for bodily injury and property
 2203  damage;
 2204         b. Uninsured and underinsured motorist coverage;
 2205         c. Medical payments coverage;
 2206         d. Comprehensive physical damage coverage; and
 2207         e. Collision physical damage coverage; and
 2208         f.Personal injury protection.
 2209         2. The exclusions described in subparagraph 1. apply
 2210  notwithstanding any requirement under chapter 324. These
 2211  exclusions do not affect or diminish coverage otherwise
 2212  available for permissive drivers or resident relatives under the
 2213  personal automobile insurance policy of the TNC driver or owner
 2214  of the TNC vehicle who are not occupying the TNC vehicle at the
 2215  time of loss. This section does not require that a personal
 2216  automobile insurance policy provide coverage while the TNC
 2217  driver is logged on to a digital network, while the TNC driver
 2218  is engaged in a prearranged ride, or while the TNC driver
 2219  otherwise uses a vehicle to transport riders for compensation.
 2220         3. This section must not be construed to require an insurer
 2221  to use any particular policy language or reference to this
 2222  section in order to exclude any and all coverage for any loss or
 2223  injury that occurs while a TNC driver is logged on to a digital
 2224  network or while a TNC driver provides a prearranged ride.
 2225         4. This section does not preclude an insurer from providing
 2226  primary or excess coverage for the TNC driver’s vehicle by
 2227  contract or endorsement.
 2228         Section 47. Section 627.8405, Florida Statutes, is amended
 2229  to read:
 2230         627.8405 Prohibited acts; financing companies.—A No premium
 2231  finance company shall, in a premium finance agreement or other
 2232  agreement, may not finance the cost of or otherwise provide for
 2233  the collection or remittance of dues, assessments, fees, or
 2234  other periodic payments of money for the cost of:
 2235         (1) A membership in an automobile club. The term
 2236  “automobile club” means a legal entity that which, in
 2237  consideration of dues, assessments, or periodic payments of
 2238  money, promises its members or subscribers to assist them in
 2239  matters relating to the ownership, operation, use, or
 2240  maintenance of a motor vehicle; however, the term this
 2241  definition of “automobile club” does not include persons,
 2242  associations, or corporations which are organized and operated
 2243  solely for the purpose of conducting, sponsoring, or sanctioning
 2244  motor vehicle races, exhibitions, or contests upon racetracks,
 2245  or upon racecourses established and marked as such for the
 2246  duration of such particular events. The term words “motor
 2247  vehicle” used herein has have the same meaning as defined in
 2248  chapter 320.
 2249         (2) An accidental death and dismemberment policy sold in
 2250  combination with a policy providing only bodily injury liability
 2251  coverage personal injury protection and property damage
 2252  liability coverage only policy.
 2253         (3) Any product not regulated under the provisions of this
 2254  insurance code.
 2255  
 2256  This section also applies to premium financing by any insurance
 2257  agent or insurance company under part XVI. The commission shall
 2258  adopt rules to assure disclosure, at the time of sale, of
 2259  coverages financed with personal injury protection and shall
 2260  prescribe the form of such disclosure.
 2261         Section 48. Subsection (1) of section 627.915, Florida
 2262  Statutes, is amended to read:
 2263         627.915 Insurer experience reporting.—
 2264         (1) Each insurer transacting private passenger automobile
 2265  insurance in this state shall report certain information
 2266  annually to the office. The information will be due on or before
 2267  July 1 of each year. The information must shall be divided into
 2268  the following categories: bodily injury liability; property
 2269  damage liability; uninsured motorist; personal injury protection
 2270  benefits; medical payments; and comprehensive and collision. The
 2271  information given must shall be on direct insurance writings in
 2272  the state alone and shall represent total limits data. The
 2273  information set forth in paragraphs (a)-(f) is applicable to
 2274  voluntary private passenger and Joint Underwriting Association
 2275  private passenger writings and must shall be reported for each
 2276  of the latest 3 calendar-accident years, with an evaluation date
 2277  of March 31 of the current year. The information set forth in
 2278  paragraphs (g)-(j) is applicable to voluntary private passenger
 2279  writings and must shall be reported on a calendar-accident year
 2280  basis ultimately seven times at seven different stages of
 2281  development.
 2282         (a) Premiums earned for the latest 3 calendar-accident
 2283  years.
 2284         (b) Loss development factors and the historic development
 2285  of those factors.
 2286         (c) Policyholder dividends incurred.
 2287         (d) Expenses for other acquisition and general expense.
 2288         (e) Expenses for agents’ commissions and taxes, licenses,
 2289  and fees.
 2290         (f) Profit and contingency factors as utilized in the
 2291  insurer’s automobile rate filings for the applicable years.
 2292         (g) Losses paid.
 2293         (h) Losses unpaid.
 2294         (i) Loss adjustment expenses paid.
 2295         (j) Loss adjustment expenses unpaid.
 2296         Section 49. Subsections (2) and (3) of section 628.909,
 2297  Florida Statutes, are amended to read:
 2298         628.909 Applicability of other laws.—
 2299         (2) The following provisions of the Florida Insurance Code
 2300  apply to captive insurance companies that who are not industrial
 2301  insured captive insurance companies to the extent that such
 2302  provisions are not inconsistent with this part:
 2303         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 2304  624.40851, 624.4095, 624.411, 624.425, and 624.426.
 2305         (b) Chapter 625, part II.
 2306         (c) Chapter 626, part IX.
 2307         (d) Sections 627.730-627.7405, when no-fault coverage is
 2308  provided.
 2309         (e) Chapter 628.
 2310         (3) The following provisions of the Florida Insurance Code
 2311  shall apply to industrial insured captive insurance companies to
 2312  the extent that such provisions are not inconsistent with this
 2313  part:
 2314         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 2315  624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1).
 2316         (b) Chapter 625, part II, if the industrial insured captive
 2317  insurance company is incorporated in this state.
 2318         (c) Chapter 626, part IX.
 2319         (d) Sections 627.730-627.7405 when no-fault coverage is
 2320  provided.
 2321         (e) Chapter 628, except for ss. 628.341, 628.351, and
 2322  628.6018.
 2323         Section 50. Subsections (2), (6), and (7) of section
 2324  705.184, Florida Statutes, are amended to read:
 2325         705.184 Derelict or abandoned motor vehicles on the
 2326  premises of public-use airports.—
 2327         (2) The airport director or the director’s designee shall
 2328  contact the Department of Highway Safety and Motor Vehicles to
 2329  notify that department that the airport has possession of the
 2330  abandoned or derelict motor vehicle and to determine the name
 2331  and address of the owner of the motor vehicle, the insurance
 2332  company insuring the motor vehicle, notwithstanding the
 2333  provisions of s. 627.736, and any person who has filed a lien on
 2334  the motor vehicle. Within 7 business days after receipt of the
 2335  information, the director or the director’s designee shall send
 2336  notice by certified mail, return receipt requested, to the owner
 2337  of the motor vehicle, the insurance company insuring the motor
 2338  vehicle, notwithstanding the provisions of s. 627.736, and all
 2339  persons of record claiming a lien against the motor vehicle. The
 2340  notice must shall state the fact of possession of the motor
 2341  vehicle, that charges for reasonable towing, storage, and
 2342  parking fees, if any, have accrued and the amount thereof, that
 2343  a lien as provided in subsection (6) will be claimed, that the
 2344  lien is subject to enforcement pursuant to law, that the owner
 2345  or lienholder, if any, has the right to a hearing as set forth
 2346  in subsection (4), and that any motor vehicle which, at the end
 2347  of 30 calendar days after receipt of the notice, has not been
 2348  removed from the airport upon payment in full of all accrued
 2349  charges for reasonable towing, storage, and parking fees, if
 2350  any, may be disposed of as provided in s. 705.182(2)(a), (b),
 2351  (d), or (e), including, but not limited to, the motor vehicle
 2352  being sold free of all prior liens after 35 calendar days after
 2353  the time the motor vehicle is stored if any prior liens on the
 2354  motor vehicle are more than 5 years of age or after 50 calendar
 2355  days after the time the motor vehicle is stored if any prior
 2356  liens on the motor vehicle are 5 years of age or less.
 2357         (6) The airport pursuant to this section or, if used, a
 2358  licensed independent wrecker company pursuant to s. 713.78 shall
 2359  have a lien on an abandoned or derelict motor vehicle for all
 2360  reasonable towing, storage, and accrued parking fees, if any,
 2361  except that no storage fee may shall be charged if the motor
 2362  vehicle is stored less than 6 hours. As a prerequisite to
 2363  perfecting a lien under this section, the airport director or
 2364  the director’s designee must serve a notice in accordance with
 2365  subsection (2) on the owner of the motor vehicle, the insurance
 2366  company insuring the motor vehicle, notwithstanding the
 2367  provisions of s. 627.736, and all persons of record claiming a
 2368  lien against the motor vehicle. If attempts to notify the owner,
 2369  the insurance company insuring the motor vehicle,
 2370  notwithstanding the provisions of s. 627.736, or lienholders are
 2371  not successful, the requirement of notice by mail shall be
 2372  considered met. Serving of the notice does not dispense with
 2373  recording the claim of lien.
 2374         (7)(a) For the purpose of perfecting its lien under this
 2375  section, the airport shall record a claim of lien which states
 2376  shall state:
 2377         1. The name and address of the airport.
 2378         2. The name of the owner of the motor vehicle, the
 2379  insurance company insuring the motor vehicle, notwithstanding
 2380  the provisions of s. 627.736, and all persons of record claiming
 2381  a lien against the motor vehicle.
 2382         3. The costs incurred from reasonable towing, storage, and
 2383  parking fees, if any.
 2384         4. A description of the motor vehicle sufficient for
 2385  identification.
 2386         (b) The claim of lien must shall be signed and sworn to or
 2387  affirmed by the airport director or the director’s designee.
 2388         (c) The claim of lien is shall be sufficient if it is in
 2389  substantially the following form:
 2390  
 2391                            CLAIM OF LIEN                          
 2392  State of ........
 2393  County of ........
 2394  Before me, the undersigned notary public, personally appeared
 2395  ........, who was duly sworn and says that he/she is the
 2396  ........ of ............, whose address is........; and that the
 2397  following described motor vehicle:
 2398  ...(Description of motor vehicle)...
 2399  owned by ........, whose address is ........, has accrued
 2400  $........ in fees for a reasonable tow, for storage, and for
 2401  parking, if applicable; that the lienor served its notice to the
 2402  owner, the insurance company insuring the motor vehicle
 2403  notwithstanding the provisions of s. 627.736, Florida Statutes,
 2404  and all persons of record claiming a lien against the motor
 2405  vehicle on ...., ...(year)..., by.........
 2406  ...(Signature)...
 2407  Sworn to (or affirmed) and subscribed before me this .... day of
 2408  ...., ...(year)..., by ...(name of person making statement)....
 2409  ...(Signature of Notary Public)......(Print, Type, or Stamp
 2410  Commissioned name of Notary Public)...
 2411  Personally Known....OR Produced....as identification.
 2412  
 2413  However, the negligent inclusion or omission of any information
 2414  in this claim of lien which does not prejudice the owner does
 2415  not constitute a default that operates to defeat an otherwise
 2416  valid lien.
 2417         (d) The claim of lien must shall be served on the owner of
 2418  the motor vehicle, the insurance company insuring the motor
 2419  vehicle, notwithstanding the provisions of s. 627.736, and all
 2420  persons of record claiming a lien against the motor vehicle. If
 2421  attempts to notify the owner, the insurance company insuring the
 2422  motor vehicle notwithstanding the provisions of s. 627.736, or
 2423  lienholders are not successful, the requirement of notice by
 2424  mail shall be considered met. The claim of lien must shall be so
 2425  served before recordation.
 2426         (e) The claim of lien must shall be recorded with the clerk
 2427  of court in the county where the airport is located. The
 2428  recording of the claim of lien shall be constructive notice to
 2429  all persons of the contents and effect of such claim. The lien
 2430  attaches shall attach at the time of recordation and takes shall
 2431  take priority as of that time.
 2432         Section 51. Subsection (4) of section 713.78, Florida
 2433  Statutes, is amended to read:
 2434         713.78 Liens for recovering, towing, or storing vehicles
 2435  and vessels.—
 2436         (4)(a) Any person regularly engaged in the business of
 2437  recovering, towing, or storing vehicles or vessels who comes
 2438  into possession of a vehicle or vessel pursuant to subsection
 2439  (2), and who claims a lien for recovery, towing, or storage
 2440  services, shall give notice to the registered owner, the
 2441  insurance company insuring the vehicle notwithstanding the
 2442  provisions of s. 627.736, and to all persons claiming a lien
 2443  thereon, as disclosed by the records in the Department of
 2444  Highway Safety and Motor Vehicles or as disclosed by the records
 2445  of any corresponding agency in any other state in which the
 2446  vehicle is identified through a records check of the National
 2447  Motor Vehicle Title Information System or an equivalent
 2448  commercially available system as being titled or registered.
 2449         (b) If a Whenever any law enforcement agency authorizes the
 2450  removal of a vehicle or vessel or if a whenever any towing
 2451  service, garage, repair shop, or automotive service, storage, or
 2452  parking place notifies the law enforcement agency of possession
 2453  of a vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
 2454  enforcement agency of the jurisdiction where the vehicle or
 2455  vessel is stored shall contact the Department of Highway Safety
 2456  and Motor Vehicles, or the appropriate agency of the state of
 2457  registration, if known, within 24 hours through the medium of
 2458  electronic communications, giving the full description of the
 2459  vehicle or vessel. Upon receipt of the full description of the
 2460  vehicle or vessel, the department shall search its files to
 2461  determine the owner’s name, the insurance company insuring the
 2462  vehicle or vessel, and whether any person has filed a lien upon
 2463  the vehicle or vessel as provided in s. 319.27(2) and (3) and
 2464  notify the applicable law enforcement agency within 72 hours.
 2465  The person in charge of the towing service, garage, repair shop,
 2466  or automotive service, storage, or parking place shall obtain
 2467  such information from the applicable law enforcement agency
 2468  within 5 days after the date of storage and shall give notice
 2469  pursuant to paragraph (a). The department may release the
 2470  insurance company information to the requestor notwithstanding
 2471  the provisions of s. 627.736.
 2472         (c) Notice by certified mail must shall be sent within 7
 2473  business days after the date of storage of the vehicle or vessel
 2474  to the registered owner, the insurance company insuring the
 2475  vehicle notwithstanding the provisions of s. 627.736, and all
 2476  persons of record claiming a lien against the vehicle or vessel.
 2477  The notice must It shall state the fact of possession of the
 2478  vehicle or vessel, that a lien as provided in subsection (2) is
 2479  claimed, that charges have accrued and the amount thereof, that
 2480  the lien is subject to enforcement pursuant to law, and that the
 2481  owner or lienholder, if any, has the right to a hearing as set
 2482  forth in subsection (5), and that any vehicle or vessel which
 2483  remains unclaimed, or for which the charges for recovery,
 2484  towing, or storage services remain unpaid, may be sold free of
 2485  all prior liens after 35 days if the vehicle or vessel is more
 2486  than 3 years of age or after 50 days if the vehicle or vessel is
 2487  3 years of age or less.
 2488         (d) If attempts to locate the name and address of the owner
 2489  or lienholder prove unsuccessful, the towing-storage operator
 2490  must shall, after 7 working days, excluding Saturday and Sunday,
 2491  of the initial tow or storage, notify the public agency of
 2492  jurisdiction where the vehicle or vessel is stored in writing by
 2493  certified mail or acknowledged hand delivery that the towing
 2494  storage company has been unable to locate the name and address
 2495  of the owner or lienholder and a physical search of the vehicle
 2496  or vessel has disclosed no ownership information and a good
 2497  faith effort has been made, including records checks of the
 2498  Department of Highway Safety and Motor Vehicles database and the
 2499  National Motor Vehicle Title Information System or an equivalent
 2500  commercially available system. As used in For purposes of this
 2501  paragraph and subsection (9), the term “good faith effort” means
 2502  that the following checks have been performed by the company to
 2503  establish prior state of registration and for title:
 2504         1. Check of the Department of Highway Safety and Motor
 2505  Vehicles database for the owner and any lienholder.
 2506         2. Check of the electronic National Motor Vehicle Title
 2507  Information System or an equivalent commercially available
 2508  system to determine the state of registration when there is not
 2509  a current registration record for the vehicle on file with the
 2510  Department of Highway Safety and Motor Vehicles.
 2511         3. Check of vehicle or vessel for any type of tag, tag
 2512  record, temporary tag, or regular tag.
 2513         4. Check of law enforcement report for tag number or other
 2514  information identifying the vehicle or vessel, if the vehicle or
 2515  vessel was towed at the request of a law enforcement officer.
 2516         5. Check of trip sheet or tow ticket of tow truck operator
 2517  to see if a tag was on vehicle or vessel at beginning of tow, if
 2518  private tow.
 2519         6. If there is no address of the owner on the impound
 2520  report, check of law enforcement report to see if an out-of
 2521  state address is indicated from driver license information.
 2522         7. Check of vehicle or vessel for inspection sticker or
 2523  other stickers and decals that may indicate a state of possible
 2524  registration.
 2525         8. Check of the interior of the vehicle or vessel for any
 2526  papers that may be in the glove box, trunk, or other areas for a
 2527  state of registration.
 2528         9. Check of vehicle for vehicle identification number.
 2529         10. Check of vessel for vessel registration number.
 2530         11. Check of vessel hull for a hull identification number
 2531  which should be carved, burned, stamped, embossed, or otherwise
 2532  permanently affixed to the outboard side of the transom or, if
 2533  there is no transom, to the outmost seaboard side at the end of
 2534  the hull that bears the rudder or other steering mechanism.
 2535         Section 52. Paragraph (a) of subsection (1), paragraph (c)
 2536  of subsection (7), paragraphs (a), (b), and (c) of subsection
 2537  (8), and subsections (9) and (10) of section 817.234, Florida
 2538  Statutes, are amended to read:
 2539         817.234 False and fraudulent insurance claims.—
 2540         (1)(a) A person commits insurance fraud punishable as
 2541  provided in subsection (11) if that person, with the intent to
 2542  injure, defraud, or deceive any insurer:
 2543         1. Presents or causes to be presented any written or oral
 2544  statement as part of, or in support of, a claim for payment or
 2545  other benefit pursuant to an insurance policy or a health
 2546  maintenance organization subscriber or provider contract,
 2547  knowing that such statement contains any false, incomplete, or
 2548  misleading information concerning any fact or thing material to
 2549  such claim;
 2550         2. Prepares or makes any written or oral statement that is
 2551  intended to be presented to an any insurer in connection with,
 2552  or in support of, any claim for payment or other benefit
 2553  pursuant to an insurance policy or a health maintenance
 2554  organization subscriber or provider contract, knowing that such
 2555  statement contains any false, incomplete, or misleading
 2556  information concerning any fact or thing material to such claim;
 2557         3.a. Knowingly presents, causes to be presented, or
 2558  prepares or makes with knowledge or belief that it will be
 2559  presented to an any insurer, purported insurer, servicing
 2560  corporation, insurance broker, or insurance agent, or any
 2561  employee or agent thereof, any false, incomplete, or misleading
 2562  information or a written or oral statement as part of, or in
 2563  support of, an application for the issuance of, or the rating
 2564  of, any insurance policy, or a health maintenance organization
 2565  subscriber or provider contract; or
 2566         b. Knowingly conceals information concerning any fact
 2567  material to such application; or
 2568         4. Knowingly presents, causes to be presented, or prepares
 2569  or makes with knowledge or belief that it will be presented to
 2570  any insurer a claim for payment or other benefit under medical
 2571  payments coverage in a motor vehicle a personal injury
 2572  protection insurance policy if the person knows that the payee
 2573  knowingly submitted a false, misleading, or fraudulent
 2574  application or other document when applying for licensure as a
 2575  health care clinic, seeking an exemption from licensure as a
 2576  health care clinic, or demonstrating compliance with part X of
 2577  chapter 400.
 2578         (7)
 2579         (c) An insurer, or any person acting at the direction of or
 2580  on behalf of an insurer, may not change an opinion in a mental
 2581  or physical report prepared under s. 627.736(7) or direct the
 2582  physician preparing the report to change such opinion; however,
 2583  this provision does not preclude the insurer from calling to the
 2584  attention of the physician errors of fact in the report based
 2585  upon information in the claim file. Any person who violates this
 2586  paragraph commits a felony of the third degree, punishable as
 2587  provided in s. 775.082, s. 775.083, or s. 775.084.
 2588         (8)(a) It is unlawful for any person intending to defraud
 2589  any other person to solicit or cause to be solicited any
 2590  business from a person involved in a motor vehicle accident for
 2591  the purpose of making, adjusting, or settling motor vehicle tort
 2592  claims or claims for benefits under medical payments coverage in
 2593  a motor vehicle insurance policy personal injury protection
 2594  benefits required by s. 627.736. Any person who violates the
 2595  provisions of this paragraph commits a felony of the second
 2596  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2597  775.084. A person who is convicted of a violation of this
 2598  subsection shall be sentenced to a minimum term of imprisonment
 2599  of 2 years.
 2600         (b) A person may not solicit or cause to be solicited any
 2601  business from a person involved in a motor vehicle accident by
 2602  any means of communication other than advertising directed to
 2603  the public for the purpose of making motor vehicle tort claims
 2604  or claims for benefits under medical payments coverage in a
 2605  motor vehicle insurance policy personal injury protection
 2606  benefits required by s. 627.736, within 60 days after the
 2607  occurrence of the motor vehicle accident. Any person who
 2608  violates this paragraph commits a felony of the third degree,
 2609  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2610         (c) A lawyer, health care practitioner as defined in s.
 2611  456.001, or owner or medical director of a clinic required to be
 2612  licensed pursuant to s. 400.9905 may not, at any time after 60
 2613  days have elapsed from the occurrence of a motor vehicle
 2614  accident, solicit or cause to be solicited any business from a
 2615  person involved in a motor vehicle accident by means of in
 2616  person or telephone contact at the person’s residence, for the
 2617  purpose of making motor vehicle tort claims or claims for
 2618  benefits under medical payments coverage in a motor vehicle
 2619  insurance policy personal injury protection benefits required by
 2620  s. 627.736. Any person who violates this paragraph commits a
 2621  felony of the third degree, punishable as provided in s.
 2622  775.082, s. 775.083, or s. 775.084.
 2623         (9) A person may not organize, plan, or knowingly
 2624  participate in an intentional motor vehicle crash or a scheme to
 2625  create documentation of a motor vehicle crash that did not occur
 2626  for the purpose of making motor vehicle tort claims or claims
 2627  for benefits under medical payments coverage in a motor vehicle
 2628  insurance policy personal injury protection benefits as required
 2629  by s. 627.736. Any person who violates this subsection commits a
 2630  felony of the second degree, punishable as provided in s.
 2631  775.082, s. 775.083, or s. 775.084. A person who is convicted of
 2632  a violation of this subsection shall be sentenced to a minimum
 2633  term of imprisonment of 2 years.
 2634         (10) A licensed health care practitioner who is found
 2635  guilty of insurance fraud under this section for an act relating
 2636  to a motor vehicle personal injury protection insurance policy
 2637  loses his or her license to practice for 5 years and may not
 2638  receive reimbursement under medical payments coverage in a motor
 2639  vehicle insurance policy for personal injury protection benefits
 2640  for 10 years.
 2641         Section 53. Effective upon this act becoming a law, section
 2642  627.7278, Florida Statutes, is created to read:
 2643         627.7278Applicability and construction; notice to
 2644  policyholders.—
 2645         (1) As used in this section, the term “minimum security
 2646  requirements” means security that enables a person to respond in
 2647  damages for liability on account of crashes arising out of the
 2648  ownership, maintenance, or use of a motor vehicle, in the
 2649  amounts required by s. 324.021(7).
 2650         (2) Effective January 1, 2020:
 2651         (a) Motor vehicle insurance policies issued or renewed on
 2652  or after that date may not include personal injury protection.
 2653         (b) All persons subject to s. 324.022, s. 324.032, s.
 2654  627.7415, or s. 627.742 must maintain at least minimum security
 2655  requirements.
 2656         (c) Any new or renewal motor vehicle insurance policy
 2657  delivered or issued for delivery in this state must provide
 2658  coverage that complies with minimum security requirements.
 2659         (d) An existing motor vehicle insurance policy issued
 2660  before that date which provides personal injury protection and
 2661  property damage liability coverage that meets the requirements
 2662  of s. 324.022 on December 31, 2019, but which does not meet
 2663  minimum security requirements on or after January 1, 2020, is
 2664  deemed to meet the security requirements of s. 324.022 until
 2665  such policy is renewed, nonrenewed, or canceled on or after
 2666  January 1, 2020. Sections 627.730-627.7405, 400.9905, 400.991,
 2667  456.057, 456.072, 627.7263, 627.727, 627.748, 627.9541(1)(i),
 2668  and 817.234, Florida Statutes 2018, remain in full force and
 2669  effect for motor vehicle accidents covered under a policy issued
 2670  under the Florida Motor Vehicle No-Fault Law before January 1,
 2671  2020, until the policy is renewed, nonrenewed, or canceled.
 2672         (3) Each insurer shall allow each insured who has a new or
 2673  renewal policy providing personal injury protection which
 2674  becomes effective before January 1, 2020, and whose policy does
 2675  not meet minimum security requirements on or after January 1,
 2676  2020, to change coverages so as to eliminate personal injury
 2677  protection and obtain coverage providing minimum security
 2678  requirements, which shall be effective on or after January 1,
 2679  2020. The insurer is not required to provide coverage complying
 2680  with minimum security requirements in such policies if the
 2681  insured does not pay the required premium, if any, by January 1,
 2682  2020, or such later date as the insurer may allow. The insurer
 2683  must also offer each insured medical payments coverage pursuant
 2684  to s. 627.7265. Any reduction in the premium must be refunded by
 2685  the insurer. The insurer may not impose on the insured an
 2686  additional fee or charge that applies solely to a change in
 2687  coverage; however, the insurer may charge an additional required
 2688  premium that is actuarially indicated.
 2689         (4) By September 1, 2019, each motor vehicle insurer shall
 2690  provide notice of this section to each motor vehicle
 2691  policyholder who is subject to this section. The notice is
 2692  subject to approval by the office and must clearly inform the
 2693  policyholder that:
 2694         (a) The Florida Motor Vehicle No-Fault Law is repealed,
 2695  effective January 1, 2020, and that on or after that date, the
 2696  insured is no longer required to maintain personal injury
 2697  protection insurance coverage, that personal injury protection
 2698  coverage is no longer available for purchase in this state, and
 2699  that all new or renewal policies issued on or after that date
 2700  will not contain such coverage.
 2701         (b) Effective January 1, 2020, a person subject to the
 2702  financial responsibility requirements of s. 324.022 must
 2703  maintain minimum security requirements that enable the person to
 2704  respond to damages for liability on account of accidents arising
 2705  out of the use of a motor vehicle in the following amounts:
 2706         1. Twenty-five thousand dollars for bodily injury to, or
 2707  the death of, one person in any one crash and, subject to such
 2708  limits for one person, in the amount of $50,000 for bodily
 2709  injury to, or the death of, two or more persons in any one
 2710  crash; and
 2711         2.Ten thousand dollars for damage to, or destruction of,
 2712  the property of others in any one crash.
 2713         (c) Bodily injury liability coverage protects the insured,
 2714  up to the coverage limits, against loss if the insured is
 2715  legally responsible for the death of or bodily injury to others
 2716  in a motor vehicle accident.
 2717         (d) Effective January 1, 2020, each policyholder of motor
 2718  vehicle liability insurance purchased as proof of financial
 2719  responsibility must be offered medical payments coverage
 2720  benefits that comply with s. 627.7265. The insurer must offer
 2721  medical payments coverage at limits of $5,000 and $10,000
 2722  without a deductible. The insurer may also offer medical
 2723  payments coverage at other limits greater than $5,000, and may
 2724  offer coverage with a deductible of up to $500. Medical payments
 2725  coverage pays covered medical expenses, up to the limits of such
 2726  coverage, for injuries sustained in a motor vehicle crash by the
 2727  named insured, resident relatives, persons operating the insured
 2728  motor vehicle, passengers in the insured motor vehicle, and
 2729  persons who are struck by the insured motor vehicle and suffer
 2730  bodily injury while not an occupant of a self-propelled motor
 2731  vehicle as provided in s. 627.7265. Medical payments coverage
 2732  also provides a death benefit of at least $5,000.
 2733         (e) The policyholder may obtain uninsured and underinsured
 2734  motorist coverage, which provides benefits, up to the limits of
 2735  such coverage, to a policyholder or other insured entitled to
 2736  recover damages for bodily injury, sickness, disease, or death
 2737  resulting from a motor vehicle accident with an uninsured or
 2738  underinsured owner or operator of a motor vehicle.
 2739         (f) If the policyholder’s new or renewal motor vehicle
 2740  insurance policy is effective before January 1, 2020, and
 2741  contains personal injury protection and property damage
 2742  liability coverage as required by state law before January 1,
 2743  2020, but does not meet minimum security requirements on or
 2744  after January 1, 2020, the policy is deemed to meet minimum
 2745  security requirements until it is renewed, nonrenewed, or
 2746  canceled on or after January 1, 2020.
 2747         (g) A policyholder whose new or renewal policy becomes
 2748  effective before January 1, 2020, but does not meet minimum
 2749  security requirements on or after January 1, 2020, may change
 2750  coverages under the policy so as to eliminate personal injury
 2751  protection and to obtain coverage providing minimum security
 2752  requirements, including bodily injury liability coverage, which
 2753  are effective on or after January 1, 2020.
 2754         (h) If the policyholder has any questions, he or she should
 2755  contact the person named at the telephone number provided in the
 2756  notice.
 2757         Section 54. Section 324.0222, Florida Statutes, is created
 2758  to read:
 2759         324.0222Application of suspensions for failure to maintain
 2760  security; reinstatement.—All suspensions for failure to maintain
 2761  required security as required by law in effect before January 1,
 2762  2020, remain in full force and effect after January 1, 2020. A
 2763  driver may reinstate a suspended driver license or registration
 2764  as provided under s. 324.0221.
 2765         Section 55. For the 2019-2020 fiscal year, the sum of
 2766  $83,651 in nonrecurring funds is appropriated from the Insurance
 2767  Regulatory Trust Fund to the Office of Insurance Regulation for
 2768  the purpose of implementing this act.
 2769         Section 56. Except as otherwise expressly provided in this
 2770  act and except for this section, which shall take effect upon
 2771  this act becoming a law, this act shall take effect January 1,
 2772  2020.