Senate Bill sb0704

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                   SB 704

    By Senator Campbell





    33-843-02                                           See HB 393

  1                      A bill to be entitled

  2         An act relating to motor vehicle financial

  3         responsibility; amending s. 324.021, F.S.;

  4         revising the definition of the term "motor

  5         vehicle"; increasing financial responsibility

  6         limits with respect to bodily injury or death

  7         in a single accident; creating s. 324.023,

  8         F.S.; requiring proof of financial

  9         responsibility for bodily injury or death;

10         providing for a waiver of certain mandatory

11         financial responsibility requirements based

12         upon financial hardship; specifying criteria;

13         limiting the liability of insurers and

14         insurance agents under certain circumstances;

15         requiring the Department of Insurance to

16         develop affidavit forms and to adopt rules;

17         amending s. 324.031, F.S.; increasing limits

18         for proof of financial responsibility for

19         for-hire transportation vehicle certificates of

20         self-insurance; amending s. 324.161, F.S.;

21         increasing the amount required for a surety

22         bond or deposit for proof of financial

23         responsibility; amending s. 324.171, F.S.;

24         revising the required threshold limit for

25         self-insurers; amending ss. 316.646, 627.733,

26         F.S., to conform; providing an effective date.

27

28  Be It Enacted by the Legislature of the State of Florida:

29

30         Section 1.  Subsections (1) and (7) of section 324.021,

31  Florida Statutes, are amended to read:

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    Florida Senate - 2002                                   SB 704
    33-843-02                                           See HB 393




  1         324.021  Definitions; minimum insurance required.--The

  2  following words and phrases when used in this chapter shall,

  3  for the purpose of this chapter, have the meanings

  4  respectively ascribed to them in this section, except in those

  5  instances where the context clearly indicates a different

  6  meaning:

  7         (1)  MOTOR VEHICLE.--Every self-propelled vehicle which

  8  is designed and required to be licensed for use upon a

  9  highway, including trailers and semitrailers designed for use

10  with such vehicles, except traction engines, road rollers,

11  farm tractors, power shovels, and well drillers, and every

12  vehicle which is propelled by electric power obtained from

13  overhead wires but not operated upon rails, but not including

14  any bicycle or moped. However, the term "motor vehicle" shall

15  not include any motor vehicle as defined in s. 627.732(3) when

16  the owner of such vehicle has complied with the requirements

17  of ss. 627.730-627.7405, inclusive, unless the provisions of

18  s. 324.051 apply; and, in such case, the applicable proof of

19  insurance provisions of s. 320.02 apply.

20         (7)  PROOF OF FINANCIAL RESPONSIBILITY.--That proof of

21  ability to respond in damages for liability on account of

22  crashes arising out of the use of a motor vehicle:

23         (a)  In the amount of $25,000 $10,000 because of bodily

24  injury to, or death of, one person in any one crash;

25         (b)  Subject to such limits for one person, in the

26  amount of $50,000 $20,000 because of bodily injury to, or

27  death of, two or more persons in any one crash;

28         (c)  In the amount of $10,000 because of injury to, or

29  destruction of, property of others in any one crash; and

30

31

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    Florida Senate - 2002                                   SB 704
    33-843-02                                           See HB 393




  1         (d)  With respect to commercial motor vehicles and

  2  nonpublic sector buses, in the amounts specified in ss.

  3  627.7415 and 627.742, respectively.

  4         Section 2.  Section 324.023, Florida Statutes, is

  5  created to read:

  6         324.023  Financial responsibility for bodily injury or

  7  death.--

  8         (1)  Every owner of a motor vehicle that is required to

  9  be registered in this state and every operator of any motor

10  vehicle located within this state shall, by one of the methods

11  established in s. 324.031, establish and maintain the ability

12  to respond in damages for liability on account of accidents

13  arising out of the use of the motor vehicle in the amounts

14  prescribed in s. 324.021(7)(a) and (b). This section does not

15  apply to any motor vehicle that has been continuously and

16  exclusively used for a commercial purpose since being acquired

17  by its current owner.

18         (2)  If the owner of a motor vehicle that is required

19  to be registered in this state or the operator of any motor

20  vehicle located within this state signs an affidavit of

21  financial hardship on a form approved by the Department of

22  Insurance that complies with this subsection stating that it

23  would constitute a severe financial hardship for the owner or

24  operator to establish and maintain the ability to respond in

25  damages for liability on account of accidents arising out of

26  the use of the motor vehicle in the amounts prescribed in s.

27  324.021(7)(a) and (b), the requirement of subsection (1) to

28  establish and maintain such ability does not apply to such

29  owner or operator for a period of 1 year following the signing

30  of such affidavit. An affidavit pursuant to this subsection

31  shall, at a minimum, state that the affiant is unable to

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    Florida Senate - 2002                                   SB 704
    33-843-02                                           See HB 393




  1  comply with subsection (1) because to do so would cause severe

  2  financial hardship and that the affiant understands that he or

  3  she remains fully personally liable for certain accidents

  4  arising out of the use of the motor vehicle. The affidavit

  5  described in this subsection shall be kept on file by the

  6  insurer who has provided to the owner or operator the

  7  insurance coverage required by s. 627.733.

  8         (3)  No insurer or insurance agent shall be liable in a

  9  private civil action for the failure of the insurer, insurance

10  agent, or owner or operator of a motor vehicle to comply with

11  this section.

12         (4)  The Department of Insurance shall prepare form

13  affidavits in accordance with this section and shall adopt

14  rules to enforce this section.

15         Section 3.  Section 324.031, Florida Statutes, is

16  amended to read:

17         324.031  Manner of proving financial

18  responsibility.--The owner or operator of a taxicab,

19  limousine, jitney, or any other for-hire passenger

20  transportation vehicle may prove financial responsibility by

21  providing satisfactory evidence of holding a motor vehicle

22  liability policy as defined in s. 324.021(8) or s. 324.151,

23  which policy is issued by an insurance carrier which is a

24  member of the Florida Insurance Guaranty Association. The

25  operator or owner of any other vehicle may prove his or her

26  financial responsibility by:

27         (1)  Furnishing satisfactory evidence of holding a

28  motor vehicle liability policy as defined in ss. 324.021(8)

29  and 324.151;

30         (2)  Posting with the department a satisfactory bond of

31  a surety company authorized to do business in this state,

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    Florida Senate - 2002                                   SB 704
    33-843-02                                           See HB 393




  1  conditioned for payment of the amount specified in s.

  2  324.021(7);

  3         (3)  Furnishing a certificate of the department showing

  4  a deposit of cash or securities in accordance with s. 324.161;

  5  or

  6         (4)  Furnishing a certificate of self-insurance issued

  7  by the department in accordance with s. 324.171.

  8

  9  Any person, including any firm, partnership, association,

10  corporation, or other person, other than a natural person,

11  electing to use the method of proof specified in subsection

12  (2) or subsection (3) shall post a bond or deposit equal to

13  the number of vehicles owned times $60,000 $30,000, to a

14  maximum of $240,000 $120,000; in addition, any such person,

15  other than a natural person, shall maintain insurance

16  providing coverage in excess of limits of

17  $25,000/50,000/10,000 $10,000/20,000/10,000 or $60,000 $30,000

18  combined single limits, and such excess insurance shall

19  provide minimum limits of $125,000/250,000/50,000

20  $50,000/100,000/50,000 or $300,000 $150,000 combined single

21  limits.

22         Section 4.  Section 324.161, Florida Statutes, is

23  amended to read:

24         324.161  Proof of financial responsibility; surety bond

25  or deposit.--The certificate of the department of a deposit

26  may be obtained by depositing with it $60,000 $30,000 cash or

27  securities such as may be legally purchased by savings banks

28  or for trust funds, of a market value of $60,000 $30,000 and

29  which deposit shall be held by the department to satisfy, in

30  accordance with the provisions of this chapter, any execution

31  on a judgment issued against such person making the deposit,

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    Florida Senate - 2002                                   SB 704
    33-843-02                                           See HB 393




  1  for damages because of bodily injury to or death of any person

  2  or for damages because of injury to or destruction of property

  3  resulting from the use or operation of any motor vehicle

  4  occurring after such deposit was made. Money or securities so

  5  deposited shall not be subject to attachment or execution

  6  unless such attachment or execution shall arise out of a suit

  7  for damages as aforesaid.

  8         Section 5.  Subsection (1) of section 324.171, Florida

  9  Statutes, is amended to read:

10         324.171  Self-insurer.--

11         (1)  Any person may qualify as a self-insurer by

12  obtaining a certificate of self-insurance from the department

13  which may, in its discretion and upon application of such a

14  person, issue said certificate of self-insurance when such

15  person has satisfied the requirements of this section to

16  qualify as a self-insurer under this section:

17         (a)  A private individual with private passenger

18  vehicles shall possess a net unencumbered worth of at least

19  $60,000 $40,000.

20         (b)  A person, including any firm, partnership,

21  association, corporation, or other person, other than a

22  natural person, shall:

23         1.  Possess a net unencumbered worth of at least

24  $60,000 $40,000 for the first motor vehicle and $50,000

25  $20,000 for each additional motor vehicle; or

26         2.  Maintain sufficient net worth, as determined

27  annually by the department, pursuant to rules promulgated by

28  the department, with the assistance of the Department of

29  Insurance, to be financially responsible for potential losses.

30  The rules shall take into consideration excess insurance

31  carried by the applicant.  The department's determination

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    Florida Senate - 2002                                   SB 704
    33-843-02                                           See HB 393




  1  shall be based upon reasonable actuarial principles

  2  considering the frequency, severity, and loss development of

  3  claims incurred by casualty insurers writing coverage on the

  4  type of motor vehicles for which a certificate of

  5  self-insurance is desired.

  6         (c)  The owner of a commercial motor vehicle, as

  7  defined in s. 207.002(2) or s. 320.01, may qualify as a

  8  self-insurer subject to the standards provided for in

  9  subparagraph (b)2.

10         Section 6.  Subsections (1) and (3) of section 316.646,

11  Florida Statutes, are amended to read:

12         316.646  Security required; proof of security and

13  display thereof; dismissal of cases.--

14         (1)  Any person required by s. 627.733 to maintain

15  personal injury protection security on a motor vehicle or any

16  person required by s. 324.023 to maintain liability coverage

17  for bodily injury or death shall have in his or her immediate

18  possession at all times while operating such motor vehicle

19  proper proof of maintenance of the security required by ss. s.

20  627.733 and 324.023.  Such proof shall be either a uniform

21  proof-of-insurance card in a form prescribed by the

22  department, a valid insurance policy, an insurance policy

23  binder, a certificate of insurance, or such other proof as may

24  be prescribed by the department.

25         (3)  Any person who violates this section is guilty of

26  a nonmoving traffic infraction subject to the penalty provided

27  in chapter 318 and shall be required to furnish proof of

28  security as provided in this section. If any person charged

29  with a violation of this section fails to furnish proof, at or

30  before the scheduled court appearance date, that security was

31  in effect at the time of the violation, the court may

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    Florida Senate - 2002                                   SB 704
    33-843-02                                           See HB 393




  1  immediately suspend the registration and driver's license of

  2  such person.  Such license and registration may only be

  3  reinstated as provided in s. 627.733 or s. 324.023.

  4         Section 7.  Subsection (7) of section 627.733, Florida

  5  Statutes, is amended to read:

  6         627.733  Required security.--

  7         (7)  Any operator or owner whose driver's license or

  8  registration has been suspended pursuant to this section or s.

  9  316.646 may effect its reinstatement upon compliance with the

10  requirements of this section and upon payment to the

11  Department of Highway Safety and Motor Vehicles of a

12  nonrefundable reinstatement fee of $150 for the first

13  reinstatement.  Such reinstatement fee shall be $250 for the

14  second reinstatement and $500 for each subsequent

15  reinstatement during the 3 years following the first

16  reinstatement. Any person reinstating her or his insurance

17  under this subsection must also secure noncancelable coverage

18  as described in ss. s. 627.7275(2) and 324.021(8) and present

19  to the appropriate person proof that the coverage is in force

20  on a form promulgated by the Department of Highway Safety and

21  Motor Vehicles, such proof to be maintained for 2 years.  If

22  the person does not have a second reinstatement within 3 years

23  after her or his initial reinstatement, the reinstatement fee

24  shall be $150 for the first reinstatement after that 3-year

25  period. In the event that a person's license and registration

26  are suspended pursuant to this section or s. 316.646, only one

27  reinstatement fee shall be paid to reinstate the license and

28  the registration. All fees shall be collected by the

29  Department of Highway Safety and Motor Vehicles at the time of

30  reinstatement.  The Department of Highway Safety and Motor

31  Vehicles shall issue proper receipts for such fees and shall

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    Florida Senate - 2002                                   SB 704
    33-843-02                                           See HB 393




  1  promptly deposit those fees in the Highway Safety Operating

  2  Trust Fund. One-third of the fee collected under this

  3  subsection shall be distributed from the Highway Safety

  4  Operating Trust Fund to the local government entity or state

  5  agency which employed the law enforcement officer or the

  6  recovery agent who seizes a license plate pursuant to s.

  7  324.201 or to s. 324.202.  Such funds may be used by the local

  8  government entity or state agency for any authorized purpose.

  9         Section 8.  This act shall take effect upon becoming a

10  law.

11

12            *****************************************

13                       LEGISLATIVE SUMMARY

14
      Revises provisions of law governing proof of financial
15    responsibility for the operation of a motor vehicle to:
           1.  Redefine the term "motor vehicle" to eliminate
16    an exclusion.
           2.  Increase financial responsibility limits to
17    $25,000 because of bodily injury to or death of one
      person in one accident and $50,000 because of bodily
18    injury to or death of two or more persons in one
      accident.
19         3.  Require financial responsibility for bodily
      injury or death by every owner of a motor vehicle that is
20    required to be registered in this state and every
      operator of a motor vehicle located within this state,
21    provide for a waiver of mandatory financial
      responsibility requirements based upon financial
22    hardship, and limit liability of insurers and insurance
      agents.
23         4.  Increase required bond amounts for proof of
      financial responsibility.
24         5.  Increase to $60,000 the threshold amount for
      self-insurers for the first motor vehicle and to $50,000
25    the amount for each additional motor vehicle.

26
      (See bill for details.)
27

28

29

30

31

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