HB 0165

CS

CHAMBER ACTION

1	The Committee on Insurance recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to motor vehicle liability insurance;
7	amending s. 320.055, F.S.; providing for a 6-month vehicle
8	registration for persons reinstating a driver's license
9	that has been suspended for driving under the influence;
10	requiring the Department of Highway Safety and Motor
11	Vehicles to issue 6-month vehicle registration
12	certificates and validation stickers; specifying the
13	amount of taxes and charges which must be paid; amending
14	s. 324.131, F.S.; requiring persons whose license or
15	registration has been suspended or revoked due to a
16	violation of driving under the influence to maintain, for
17	3 years, noncancelable liability coverage as described in
18	s. 627.7275(2), F.S.; authorizing the Department of
19	Highway Safety and Motor Vehicles to adopt a form for
20	proof of such coverage; amending s. 627.7275, F.S.;
21	requiring insurers to make available bodily injury, death,
22	and property damage liability coverage, to certain
23	applicants seeking coverage for reinstatement of driving
24	privileges revoked or suspended for driving under the
25	influence, that is noncancelable for a certain period;
26	authorizing insurers to cancel certain motor vehicle
27	insurance policies under certain circumstances; providing
28	that insurers are not required to offer insurance policies
29	under certain circumstances; providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1.  Subsection (1) of section 320.055, Florida
34	Statutes, is amended to read:
35	320.055  Registration periods; renewal periods.--The
36	following registration periods and renewal periods are
37	established:
38	(1)(a)  For a motor vehicle subject to registration under
39	s. 320.08(1), (2), (3), (5)(b), (c), (d), or (f), (6)(a), (7),
40	(8), (9), or (10) and owned by a natural person, the
41	registration period begins the first day of the birth month of
42	the owner and ends the last day of the month immediately
43	preceding the owner's birth month in the succeeding year. If
44	such vehicle is registered in the name of more than one person,
45	the birth month of the person whose name first appears on the
46	registration shall be used to determine the registration period.
47	For a vehicle subject to this registration period, the renewal
48	period is the 30-day period ending at midnight on the vehicle
49	owner's date of birth.
50	(b)  Notwithstanding the requirements of paragraph (a), the
51	owner of a motor vehicle subject to paragraph (a) who has had
52	his or her driver's license suspended pursuant to a violation of
53	s. 316.193 or pursuant to s. 322.26(2) for driving under the
54	influence must obtain a 6-month registration as a condition of
55	reinstating the license, subject to renewal during the 3-year
56	period that financial responsibility requirements apply. The
57	registration period begins the first day of the birth month of
58	the owner and ends the last day of the fifth month immediately
59	following the owner's birth month. For such vehicles, the
60	department shall issue a vehicle registration certificate that
61	is valid for 6 months and shall issue a validation sticker that
62	displays an expiration date of 6 months after the date of
63	issuance. The license tax required by s. 320.08 and all other
64	applicable license taxes shall be one-half of the amount
65	otherwise required, except the service charge required by s.
66	320.04 shall be paid in full for each 6-month registration.
67	Section 2.  Section 324.131, Florida Statutes, is amended
68	to read:
69	324.131  Period of suspension.--Such license, registration
70	and nonresident's operating privilege shall remain so suspended
71	and shall not be renewed, nor shall any such license or
72	registration be thereafter issued in the name of such person,
73	including any such person not previously licensed, unless and
74	until every such judgment is stayed, satisfied in full or to the
75	extent of the limits stated in s. 324.021(7) and until the said
76	person gives proof of financial responsibility as provided in s.
77	324.031, such proof to be maintained for 3 years. In addition,
78	if the person's license or registration has been suspended or
79	revoked due to a violation of s. 316.193 or pursuant to s.
80	322.26(2), that person shall maintain noncancelable liability
81	coverage for each motor vehicle registered in his or her name,
82	as described in s. 627.7275(2), and must present proof that
83	coverage is in force on a form adopted by the Department of
84	Highway Safety and Motor Vehicles, such proof to be maintained
85	for 3 years.
86	Section 3.  Section 627.7275, Florida Statutes, is amended
87	to read:
88	627.7275  Motor vehicle property damage liability.--
89	(1)  A No motor vehicle insurance policy providing personal
90	injury protection as set forth in s. 627.736 may not shall be
91	delivered or issued for delivery in this state with respect to
92	any specifically insured or identified motor vehicle registered
93	or principally garaged in this state unless the policy also
94	provides coverage for property damage liability in the amount of
95	at least $10,000 because of damage to, or destruction of,
96	property of others in any one accident arising out of the use of
97	the motor vehicle or unless the policy provides coverage in the
98	amount of at least $30,000 for combined property damage
99	liability and bodily injury liability in any one accident
100	arising out of the use of the motor vehicle. The policy, as to
101	coverage of property damage liability, must shall meet the
102	applicable requirements of s. 324.151, subject to the usual
103	policy exclusions that such as have been approved in policy
104	forms by the office.
105	(2)(a)  Insurers writing motor vehicle insurance in this
106	state shall make available, subject to the insurers' usual
107	underwriting restrictions:,
108	1.  Coverage under policies as described in subsection (1)
109	of this section to any applicant for private passenger motor
110	vehicle insurance coverage who is seeking the coverage in order
111	to reinstate the applicant's driving privileges in this state
112	when the driving privileges were revoked or suspended pursuant
113	to s. 316.646 or s. 627.733 due to the failure of the applicant
114	to maintain required security.
115	2.  Coverage under policies as described in subsection (1),
116	which also provides liability coverage for bodily injury, death,
117	and property damage arising out of the ownership, maintenance,
118	or use of the motor vehicle in an amount not less than the
119	limits described in s. 324.021(7) and conforms to the
120	requirements of s. 324.151, to any applicant for private
121	passenger motor vehicle insurance coverage who is seeking the
122	coverage in order to reinstate the applicant's driving
123	privileges in this state after such privileges were revoked or
124	suspended under s. 316.193 or s. 322.26(2) for driving under the
125	influence.
126	(b)  The policies described in paragraph (a) policy shall
127	be issued for a period of at least 6 months and as to the
128	minimum coverages required under this section shall not be
129	cancelable by the insured for any reason or by the insurer after
130	a period not to exceed 30 days during which the insurer must
131	complete underwriting of the policy. After the insurer has
132	completed underwriting the policy within the 30-day period, the
133	insurer shall notify the Department of Highway Safety and Motor
134	Vehicles that the policy is in full force and effect and the
135	policy shall not be cancelable for the remainder of the policy
136	period. A premium shall be collected and coverage shall be in
137	effect for the 30-day period during which the insurer is
138	completing the underwriting of the policy whether or not the
139	person's driver license, motor vehicle tag, and motor vehicle
140	registration are in effect. Once the noncancelable provisions of
141	the policy become effective, the coverage or risk shall not be
142	changed during the policy period and the premium shall be
143	nonrefundable. If, during the pendency of the 2-year proof of
144	insurance period required under s. 627.733(7) or during the 3-
145	year proof of financial responsibility required under s.
146	324.131, whichever is applicable, the insured obtains additional
147	coverage or coverage for an additional risk or changes
148	territories, the insured must obtain a new 6-month noncancelable
149	policy in accordance with the provisions of this section.
150	However, if the insured must obtain a new 6-month policy and
151	obtains the policy from the same insurer, the policyholder shall
152	receive credit on the new policy for any premium paid on the
153	previously issued policy.
154	(c)(b)  The provisions of This subsection controls shall
155	control to the extent of any conflict with any other section.
156	(d)  An insurer issuing a policy subject to this section
157	may cancel the policy if, during the policy term, the named
158	insured or any other operator, who resides in the same household
159	or customarily operates an automobile insured under the policy,
160	has his or her driver?s license suspended or revoked.
161	(e)  Nothing in this subsection requires an insurer to
162	offer a policy of insurance to an applicant if such offer would
163	be inconsistent with the insurer?s underwriting guidelines and
164	procedures.
165	Section 4.  This act shall take effect October 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.