Florida Senate - 2019 CS for CS for SB 714
By the Committees on Judiciary; and Banking and Insurance; and
Senators Brandes and Bracy
1 A bill to be entitled
2 An act relating to insurance; providing a short title;
3 amending s. 215.555, F.S.; increasing the required
4 reimbursement of loss adjustment expenses in
5 reimbursement contracts between the State Board of
6 Administration and property insurers under the Florida
7 Hurricane Catastrophe Fund; amending s. 319.30, F.S.;
8 specifying means by which an insurance company may
9 forward certificates of title of certain salvage motor
10 vehicles or mobile homes to the Department of Highway
11 Safety and Motor Vehicles; revising the effective date
12 of certain procedures and requirements relating to
13 certificates of title; providing that certain
14 electronic signatures satisfy certain signature
15 requirements; amending s. 440.381, F.S.; revising a
16 criminal penalty for the submission, with certain
17 intent, of an employer application for workers’
18 compensation insurance coverage which contains false,
19 misleading, or incomplete information; providing that
20 certain sworn statements in such applications are not
21 required to be notarized; creating s. 624.1055, F.S.;
22 providing a right of contribution among insurers for
23 defense costs under certain circumstances; providing a
24 requirement for, and authorizing the use of certain
25 factors by, a court in allocating costs; providing a
26 cause of action to enforce the right of contribution;
27 providing construction and applicability; amending s.
28 624.155, F.S.; deleting a provision that tolls, under
29 certain circumstances, a period before a civil action
30 against an insurer may be brought; deleting a
31 provision authorizing the Department of Financial
32 Services to return a civil remedy notice for lack of
33 specificity; prohibiting the filing of the notice
34 within a certain timeframe under certain
35 circumstances; amending s. 624.404, F.S.; adding a
36 circumstance under which the Office of Insurance
37 Regulation may waive a 3-year operation requirement
38 for foreign or alien insurers and exchanges; amending
39 s. 624.4085, F.S.; specifying the applicable formula
40 for determining risk-based capital of certain health
41 maintenance organizations and prepaid limited health
42 service organizations; amending s. 626.916, F.S.;
43 deleting a limit on fees charged by filing surplus
44 lines agents per policy certified for export;
45 authorizing retail agents to charge reasonable fees
46 for placing surplus lines policies; specifying
47 requirements for itemizing and enumerating fees;
48 amending s. 626.9541, F.S.; providing that insurers
49 and agents may give insureds certain free or
50 discounted loss mitigation services or loss control
51 items; deleting a limitation on the value of loss
52 mitigation services that may be given to insureds;
53 amending s. 627.0655, F.S.; revising circumstances
54 under which insurers or certain authorized persons may
55 provide certain premium discounts to insureds;
56 amending s. 627.426, F.S.; adding means by which
57 liability insurers may provide to named insureds
58 certain notices relating to coverage denials based on
59 a particular coverage defense; amending s. 627.4555,
60 F.S.; requiring life insurers that are required to
61 provide a specified notice to policyowners of an
62 impending lapse in coverage to also notify the
63 policyowner’s agent of record within a certain
64 timeframe; providing that the agent is not responsible
65 for any lapse in coverage; exempting the insurer from
66 the requirement under certain circumstances; amending
67 s. 627.7015, F.S.; adding circumstances under which
68 certain property insurers may provide required notice
69 to policyholders of their right to participate in a
70 certain mediation program; amending s. 627.7295, F.S.;
71 reducing the collected premium required before private
72 passenger motor vehicle insurance policies or binders
73 may be initially issued; amending s. 921.0022, F.S.;
74 conforming a provision to changes made by the act;
75 providing effective dates.
77 Be It Enacted by the Legislature of the State of Florida:
79 Section 1. This act may be cited as “Omnibus Prime.”
80 Section 2. Effective upon this act becoming a law,
81 paragraph (b) of subsection (4) of section 215.555, Florida
82 Statutes, is amended to read:
83 215.555 Florida Hurricane Catastrophe Fund.—
84 (4) REIMBURSEMENT CONTRACTS.—
85 (b)1. The contract shall contain a promise by the board to
86 reimburse the insurer for 45 percent, 75 percent, or 90 percent
87 of its losses from each covered event in excess of the insurer’s
88 retention, plus 5 percent of the reimbursed losses to cover loss
89 adjustment expenses. For contracts and rates effective on or
90 after June 1, 2019, the loss adjustment expense reimbursement
91 must be 10 percent of the reimbursed losses.
92 2. The insurer must elect one of the percentage coverage
93 levels specified in this paragraph and may, upon renewal of a
94 reimbursement contract, elect a lower percentage coverage level
95 if no revenue bonds issued under subsection (6) after a covered
96 event are outstanding, or elect a higher percentage coverage
97 level, regardless of whether or not revenue bonds are
98 outstanding. All members of an insurer group must elect the same
99 percentage coverage level. Any joint underwriting association,
100 risk apportionment plan, or other entity created under s.
101 627.351 must elect the 90-percent coverage level.
102 3. The contract shall provide that reimbursement amounts
103 shall not be reduced by reinsurance paid or payable to the
104 insurer from other sources.
105 Section 3. Paragraph (b) of subsection (3) of section
106 319.30, Florida Statutes, is amended, and paragraph (d) is added
107 to that section, to read:
108 319.30 Definitions; dismantling, destruction, change of
109 identity of motor vehicle or mobile home; salvage.—
111 (b) The owner, including persons who are self-insured, of a
112 motor vehicle or mobile home that is considered to be salvage
113 shall, within 72 hours after the motor vehicle or mobile home
114 becomes salvage, forward the title to the motor vehicle or
115 mobile home to the department for processing. However, an
116 insurance company that pays money as compensation for the total
117 loss of a motor vehicle or mobile home shall obtain the
118 certificate of title for the motor vehicle or mobile home, make
119 the required notification to the National Motor Vehicle Title
120 Information System, and, within 72 hours after receiving such
121 certificate of title, forward such title by electronic means,
122 the United States Postal Service, or another commercially
123 available delivery service to the department for processing. The
124 owner or insurance company, as applicable, may not dispose of a
125 vehicle or mobile home that is a total loss before it obtains a
126 salvage certificate of title or certificate of destruction from
127 the department. Effective July 1, 2020
July 1, 2023:
128 1. Thirty days after payment of a claim for compensation
129 pursuant to this paragraph, the insurance company may receive a
130 salvage certificate of title or certificate of destruction from
131 the department if the insurance company is unable to obtain a
132 properly assigned certificate of title from the owner or
133 lienholder of the motor vehicle or mobile home, if the motor
134 vehicle or mobile home does not carry an electronic lien on the
135 title and the insurance company:
136 a. Has obtained the release of all liens on the motor
137 vehicle or mobile home;
138 b. Has provided proof of payment of the total loss claim;
140 c. Has provided an affidavit on letterhead signed by the
141 insurance company or its authorized agent stating the attempts
142 that have been made to obtain the title from the owner or
143 lienholder and further stating that all attempts are to no
144 avail. The affidavit must include a request that the salvage
145 certificate of title or certificate of destruction be issued in
146 the insurance company’s name due to payment of a total loss
147 claim to the owner or lienholder. The attempts to contact the
148 owner may be by written request delivered in person or by first
149 class mail with a certificate of mailing to the owner’s or
150 lienholder’s last known address.
151 2. If the owner or lienholder is notified of the request
152 for title in person, the insurance company must provide an
153 affidavit attesting to the in-person request for a certificate
154 of title.
155 3. The request to the owner or lienholder for the
156 certificate of title must include a complete description of the
157 motor vehicle or mobile home and the statement that a total loss
158 claim has been paid on the motor vehicle or mobile home.
159 (d) An electronic signature that is in accordance with
160 chapter 668 satisfies any signature requirement under this
162 Section 4. Subsection (2) of section 440.381, Florida
163 Statutes, is amended to read:
164 440.381 Application for coverage; reporting payroll;
165 payroll audit procedures; penalties.—
166 (2) Submission of an application that contains false,
167 misleading, or incomplete information provided with the purpose
168 of avoiding or reducing the amount of premiums for workers’
169 compensation coverage is a felony of the third second degree,
170 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
171 The application must contain a statement that the filing of an
172 application containing false, misleading, or incomplete
173 information provided with the purpose of avoiding or reducing
174 the amount of premiums for workers’ compensation coverage is a
175 felony of the third degree, punishable as provided in s.
176 775.082, s. 775.083, or s. 775.084. The application must contain
177 a sworn statement by the employer attesting to the accuracy of
178 the information submitted and acknowledging the provisions of
179 former s. 440.37(4). The application must contain a sworn
180 statement by the agent attesting that the agent explained to the
181 employer or officer the classification codes that are used for
182 premium calculations. The sworn statements by the employer and
183 the agent are not required to be notarized.
184 Section 5. Section 624.1055, Florida Statutes, is created
185 to read:
186 624.1055 Right of contribution among insurers for defense
187 costs.—A liability insurer that owes a duty to defend an insured
188 and that defends the insured against a claim, suit, or other
189 action has a right of contribution for defense costs against any
190 other liability insurer that owes a duty to defend the insured
191 against the same claim, suit, or other action, provided that
192 contribution may not be sought from any insurer for defense
193 costs incurred before the insurer’s receipt of notice of the
194 claim, suit, or other action.
195 (1) APPORTIONMENT OF COSTS.—The court shall allocate
196 defense costs among insurers that owe a duty to defend the
197 insured against the same claim, suit, or other action in
198 accordance with the terms of the insurance policies. The court
199 may use such equitable factors as the court determines are
200 appropriate in making such allocation.
201 (2) ENFORCEMENT OF RIGHT OF CONTRIBUTION.—A liability
202 insurer that is entitled to contribution from another insurer
203 under this section may file an action for contribution in a
204 court of competent jurisdiction.
205 (3) CONSTRUCTION.—
206 (a) This section is not intended to alter any term of a
207 liability insurance policy or to create any additional duty on
208 the part of an insurer to an insured.
209 (b) An insured may not rely on this section as grounds for
210 a complaint against an insurer.
211 (4) APPLICABILITY.—
212 (a) This section applies to liability insurance policies
213 issued for delivery in this state or to liability insurance
214 policies under which an insurer has a duty to defend an insured
215 against claims asserted or suits or actions filed in this state.
216 Such liability insurance policies include surplus lines
217 insurance policies authorized under the Surplus Lines Law, ss.
218 626.913-626.937. This section does not apply to motor vehicle
219 liability insurance or medical professional liability insurance.
220 (b) This section applies to any claim, suit, or other
221 action initiated on or after January 1, 2020.
222 Section 6. Subsection (3) of section 624.155, Florida
223 Statutes, is amended to read:
224 624.155 Civil remedy.—
225 (3)(a) As a condition precedent to bringing an action under
226 this section, the department and the authorized insurer must
227 have been given 60 days’ written notice of the violation. If the
228 department returns a notice for lack of specificity, the 60-day
229 time period shall not begin until a proper notice is filed.
230 (b) The notice shall be on a form provided by the
231 department and shall state with specificity the following
232 information, and such other information as the department may
234 1. The statutory provision, including the specific language
235 of the statute, which the authorized insurer allegedly violated.
236 2. The facts and circumstances giving rise to the
238 3. The name of any individual involved in the violation.
239 4. Reference to specific policy language that is relevant
240 to the violation, if any. If the person bringing the civil
241 action is a third party claimant, she or he shall not be
242 required to reference the specific policy language if the
243 authorized insurer has not provided a copy of the policy to the
244 third party claimant pursuant to written request.
245 5. A statement that the notice is given in order to perfect
246 the right to pursue the civil remedy authorized by this section.
247 (c) Within 20 days of receipt of the notice, the department
248 may return any notice that does not provide the specific
249 information required by this section, and the department shall
250 indicate the specific deficiencies contained in the notice. A
251 determination by the department to return a notice for lack of
252 specificity shall be exempt from the requirements of chapter
254 (c) (d) No action shall lie if, within 60 days after filing
255 notice, the damages are paid or the circumstances giving rise to
256 the violation are corrected.
257 (d) (e) The authorized insurer that is the recipient of a
258 notice filed pursuant to this section shall report to the
259 department on the disposition of the alleged violation.
260 (e) (f) The applicable statute of limitations for an action
261 under this section shall be tolled for a period of 65 days by
262 the mailing of the notice required by this subsection or the
263 mailing of a subsequent notice required by this subsection.
264 (f) A notice required under this subsection may not be
265 filed within 60 days after appraisal is invoked by any party in
266 a residential property insurance claim.
267 Section 7. Subsection (2) of section 624.404, Florida
268 Statutes, is amended to read:
269 624.404 General eligibility of insurers for certificate of
270 authority.—To qualify for and hold authority to transact
271 insurance in this state, an insurer must be otherwise in
272 compliance with this code and with its charter powers and must
273 be an incorporated stock insurer, an incorporated mutual
274 insurer, or a reciprocal insurer, of the same general type as
275 may be formed as a domestic insurer under this code; except
277 (2) A No foreign or alien insurer or exchange may not shall
278 be authorized to transact insurance in this state unless it is
279 otherwise qualified therefor under this code and has operated
280 satisfactorily for at least 3 years in its state or country of
281 domicile; however, the office may waive the 3-year requirement
282 if the foreign or alien insurer or exchange:
283 (a) Has operated successfully and has capital and surplus
284 of $5 million;
285 (b) Is the wholly owned subsidiary of an insurer which is
286 an authorized insurer in this state;
287 (c) Is the successor in interest through merger or
288 consolidation of an authorized insurer; or
289 (d) Provides a product or service not readily available to
290 the consumers of this state; or
291 (e) Demonstrates to the satisfaction of the office that its
292 authorization to transact insurance in this state is in the best
293 interest of this state and its policyholders.
294 Section 8. Paragraphs (d) and (e) of subsection (2) of
295 section 624.4085, Florida Statutes, are amended, and paragraph
296 (g) of subsection (1) of that section is republished, to read:
297 624.4085 Risk-based capital requirements for insurers.—
298 (1) As used in this section, the term:
299 (g) “Life and health insurer” means an insurer authorized
300 or eligible under the Florida Insurance Code to underwrite life
301 or health insurance. The term includes a property and casualty
302 insurer that writes accident and health insurance only.
303 Effective January 1, 2015, the term also includes a health
304 maintenance organization that is authorized in this state and
305 one or more other states, jurisdictions, or countries and a
306 prepaid limited health service organization that is authorized
307 in this state and one or more other states, jurisdictions, or
310 (d) A life and health insurer’s risk-based capital is
311 determined in accordance with the formula set forth in the risk
312 based capital instructions. The formula takes into account and
313 may adjust for the covariance between:
314 1. The risk with respect to the insurer’s assets;
315 2. The risk of adverse insurance experience with respect to
316 the insurer’s liabilities and obligations;
317 3. The interest rate risk with respect to the insurer’s
318 business; and
319 4. Any other business or other relevant risk set out in the
320 risk-based capital instructions,
322 determined in each case by applying the factors in the manner
323 set forth in the risk-based capital instructions. This paragraph
324 does not apply to a health maintenance organization or a prepaid
325 limited health service organization.
326 (e) The risk-based capital of a property and casualty
327 insurer, and, if a health maintenance organization or prepaid
328 limited health service organization is subject to this section
329 pursuant to paragraph (1)(g), the risk-based capital of such
330 organization, insurer’s risk-based capital is determined in
331 accordance with the formula set forth in the risk-based capital
332 instructions. The formula takes into account and may adjust for
333 the covariance between:
334 1. The asset risk;
335 2. The credit risk;
336 3. The underwriting risk; and
337 4. Any other business or other relevant risk set out in the
338 risk-based capital instructions,
340 determined in each case by applying the factors in the manner
341 set forth in the risk-based capital instructions.
342 Section 9. Subsection (4) of section 626.916, Florida
343 Statutes, is amended, and subsection (5) is added to that
344 section, to read:
345 626.916 Eligibility for export.—
346 (4) A reasonable per-policy fee , not to exceed $35, may be
347 charged by the filing surplus lines agent for each policy
348 certified for export. The per-policy fee must be itemized
349 separately to the customer before purchase and must be
350 enumerated in the policy.
351 (5) A retail agent may charge a reasonable per-policy fee
352 for placement of a surplus lines policy under this section. The
353 per-policy fee must be itemized separately to the customer
354 before purchase.
355 Section 10. Paragraph (m) of subsection (1) of section
356 626.9541, Florida Statutes, is amended to read:
357 626.9541 Unfair methods of competition and unfair or
358 deceptive acts or practices defined.—
359 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
360 ACTS.—The following are defined as unfair methods of competition
361 and unfair or deceptive acts or practices:
362 (m) Permissible advertising and promotional gifts, and
363 charitable contributions, and loss mitigation services or loss
364 control items permitted.—
365 1. The provisions of Paragraph (f), paragraph (g), or
366 paragraph (h) do not prohibit a licensed insurer or its agent
368 a. Giving to insureds, prospective insureds, or others any
369 article of merchandise, goods, wares, store gift cards, gift
370 certificates, event tickets, anti-fraud or loss mitigation
371 services, or other items having a total value of $100 or less
372 per insured or prospective insured in any calendar year.
373 b. Making charitable contributions, as defined in s. 170(c)
374 of the Internal Revenue Code, on behalf of insureds or
375 prospective insureds, of up to $100 per insured or prospective
376 insured in any calendar year.
377 c. Giving to insureds, for free or at a discounted price,
378 loss mitigation services or loss control items of value that
379 relate to the risks covered under the policy.
380 2. The provisions of Paragraph (f), paragraph (g), or
381 paragraph (h) do not prohibit a title insurance agent or title
382 insurance agency, as those terms are defined in s. 626.841, or a
383 title insurer, as defined in s. 627.7711, from giving to
384 insureds, prospective insureds, or others, for the purpose of
385 advertising, any article of merchandise having a value of not
386 more than $25. A person or entity governed by this subparagraph
387 is not subject to subparagraph 1.
388 Section 11. Section 627.0655, Florida Statutes, is amended
389 to read:
390 627.0655 Policyholder loss or expense-related premium
391 discounts.—An insurer or person authorized to engage in the
392 business of insurance in this state may include, in the premium
393 charged an insured for any policy, contract, or certificate of
394 insurance, an actuarially sound a discount based on the fact
395 that another policy, contract, or certificate of any type has
396 been purchased by the insured from:
397 (1) The same insurer or insurer group, or another insurer
398 under a joint marketing agreement;
399 (2) The Citizens Property Insurance Corporation created
400 under s. 627.351(6), if the same insurance agent is servicing
401 both policies; , or
402 (3) An insurer that has removed the policy from the
403 Citizens Property Insurance Corporation or issued a policy
404 pursuant to the clearinghouse program under s. 627.3518, if the
405 same insurance agent is servicing both policies; or
406 (4) An insurer, if the same insurance agent is servicing
407 the policies.
408 Section 12. Subsection (2) of section 627.426, Florida
409 Statutes, is amended to read:
410 627.426 Claims administration.—
411 (2) A liability insurer shall not be permitted to deny
412 coverage based on a particular coverage defense unless:
413 (a) Within 30 days after the liability insurer knew or
414 should have known of the coverage defense, written notice of
415 reservation of rights to assert a coverage defense is given to
416 the named insured by United States postal proof of mailing,
417 registered or certified mail, or other mailing using the
418 Intelligent Mail barcode or other similar tracking method used
419 or approved by the United States Postal Service, sent to the
420 last known address of the insured, or by hand delivery; and
421 (b) Within 60 days of compliance with paragraph (a) or
422 receipt of a summons and complaint naming the insured as a
423 defendant, whichever is later, but in no case later than 30 days
424 before trial, the insurer:
425 1. Gives written notice to the named insured by United
426 States postal proof of mailing, registered or certified mail, or
427 other mailing using the Intelligent Mail barcode or other
428 similar tracking method used or approved by the United States
429 Postal Service, of its refusal to defend the insured;
430 2. Obtains from the insured a nonwaiver agreement following
431 full disclosure of the specific facts and policy provisions upon
432 which the coverage defense is asserted and the duties,
433 obligations, and liabilities of the insurer during and following
434 the pendency of the subject litigation; or
435 3. Retains independent counsel which is mutually agreeable
436 to the parties. Reasonable fees for the counsel may be agreed
437 upon between the parties or, if no agreement is reached, shall
438 be set by the court.
439 Section 13. Section 627.4555, Florida Statutes, is amended
440 to read:
441 627.4555 Secondary notice.—
442 (1) Except as provided in this section, a contract for life
443 insurance issued or issued for delivery in this state on or
444 after October 1, 1997, covering a natural person 64 years of age
445 or older, which has been in force for at least 1 year, may not
446 be lapsed for nonpayment of premium unless, after expiration of
447 the grace period, and at least 21 days before the effective date
448 of any such lapse, the insurer has mailed a notification of the
449 impending lapse in coverage to the policyowner and to a
450 specified secondary addressee if such addressee has been
451 designated in writing by name and address by the policyowner. An
452 insurer issuing a life insurance contract on or after October 1,
453 1997, shall notify the applicant of the right to designate a
454 secondary addressee at the time of application for the policy,
455 on a form provided by the insurer, and at any time the policy is
456 in force, by submitting a written notice to the insurer
457 containing the name and address of the secondary addressee. For
458 purposes of any life insurance policy that provides a grace
459 period of more than 51 days for nonpayment of premiums, the
460 notice of impending lapse in coverage required by this section
461 must be mailed to the policyowner and the secondary addressee at
462 least 21 days before the expiration of the grace period provided
463 in the policy. This section does not apply to any life insurance
464 contract under which premiums are payable monthly or more
465 frequently and are regularly collected by a licensed agent or
466 are paid by credit card or any preauthorized check processing or
467 automatic debit service of a financial institution.
468 (2) If the policyowner has a life agent of record or any
469 agent of record, the insurer must also notify the agent of the
470 impending lapse in coverage or mail or send electronically a
471 copy of the notification of the impending lapse in coverage
472 under subsection (1) to the agent at least 21 days before the
473 effective date of any such lapse. Receipt of such notice does
474 not make the agent responsible for any lapse in coverage. An
475 insurer is not required to notify the agent under this
476 subsection if any of the following applies:
477 (a) The insurer maintains an online system that allows an
478 agent to independently determine if a policy has lapsed.
479 (b) The insurer maintains a procedure that allows an agent
480 to independently determine whether the notice of lapse has been
481 sent to the insured.
482 (c) The insurer has no record of the current agent of
484 (d) The agent is employed by the insurer or an affiliate of
485 the insurer.
486 Section 14. Subsection (2) of section 627.7015, Florida
487 Statutes, is amended to read:
488 627.7015 Alternative procedure for resolution of disputed
489 property insurance claims.—
490 (2) At the time of issuance and renewal of a policy or at
491 the time a first-party claim within the scope of this section is
492 filed by the policyholder, the insurer shall notify the
493 policyholder of its right to participate in the mediation
494 program under this section. The department shall prepare a
495 consumer information pamphlet for distribution to persons
496 participating in mediation.
497 Section 15. Subsection (7) of section 627.7295, Florida
498 Statutes, is amended to read:
499 627.7295 Motor vehicle insurance contracts.—
500 (7) A policy of private passenger motor vehicle insurance
501 or a binder for such a policy may be initially issued in this
502 state only if, before the effective date of such binder or
503 policy, the insurer or agent has collected from the insured an
504 amount equal to at least 1 month’s 2 months’ premium. An
505 insurer, agent, or premium finance company may not, directly or
506 indirectly, take any action resulting in the insured having paid
507 from the insured’s own funds an amount less than the 1 month’s 2
508 months’ premium required by this subsection. This subsection
509 applies without regard to whether the premium is financed by a
510 premium finance company or is paid pursuant to a periodic
511 payment plan of an insurer or an insurance agent. This
512 subsection does not apply if an insured or member of the
513 insured’s family is renewing or replacing a policy or a binder
514 for such policy written by the same insurer or a member of the
515 same insurer group. This subsection does not apply to an insurer
516 that issues private passenger motor vehicle coverage primarily
517 to active duty or former military personnel or their dependents.
518 This subsection does not apply if all policy payments are paid
519 pursuant to a payroll deduction plan, an automatic electronic
520 funds transfer payment plan from the policyholder, or a
521 recurring credit card or debit card agreement with the insurer.
522 This subsection and subsection (4) do not apply if all policy
523 payments to an insurer are paid pursuant to an automatic
524 electronic funds transfer payment plan from an agent, a managing
525 general agent, or a premium finance company and if the policy
526 includes, at a minimum, personal injury protection pursuant to
527 ss. 627.730-627.7405; motor vehicle property damage liability
528 pursuant to s. 627.7275; and bodily injury liability in at least
529 the amount of $10,000 because of bodily injury to, or death of,
530 one person in any one accident and in the amount of $20,000
531 because of bodily injury to, or death of, two or more persons in
532 any one accident. This subsection and subsection (4) do not
533 apply if an insured has had a policy in effect for at least 6
534 months, the insured’s agent is terminated by the insurer that
535 issued the policy, and the insured obtains coverage on the
536 policy’s renewal date with a new company through the terminated
538 Section 16. Paragraph (e) of subsection (3) of section
539 921.0022, Florida Statutes, is amended to read:
540 921.0022 Criminal Punishment Code; offense severity ranking
542 (3) OFFENSE SEVERITY RANKING CHART
543 (e) LEVEL 5
545 FloridaStatute FelonyDegree Description
546 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
547 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
548 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
549 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
550 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
551 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
552 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
553 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
554 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
555 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
556 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
557 440.381(2) 3rd 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
558 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
559 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
560 790.01(2) 3rd Carrying a concealed firearm.
561 790.162 2nd Threat to throw or discharge destructive device.
562 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
563 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
564 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
565 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
566 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
567 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
568 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
569 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
570 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
571 812.019(1) 2nd Stolen property; dealing in or trafficking in.
572 812.131(2)(b) 3rd Robbery by sudden snatching.
573 812.16(2) 3rd Owning, operating, or conducting a chop shop.
574 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
575 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
576 817.2341(1),(2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
577 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
578 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
579 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
580 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
581 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
582 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
583 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
584 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
585 843.01 3rd Resist officer with violence to person; resist arrest with violence.
586 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
587 847.0137(2) & (3) 3rd Transmission of pornography by electronic device or equipment.
588 847.0138(2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
589 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
590 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
591 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
592 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
593 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
594 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
595 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
596 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
597 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
598 Section 17. Except as otherwise expressly provided in this
599 act and except for this section, which shall take effect upon
600 this act becoming a law, this act shall take effect July 1,