| 1 | Representative(s) Ross offered the following: |
| 2 |
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| 3 | Amendment to Amendment (194097) (with title amendment) |
| 4 | Between lines 4 and 5 insert: |
| 5 | Section 1. Subsections (1) and (3) of section 316.646, |
| 6 | Florida Statutes, are amended to read: |
| 7 | 316.646 Security required; proof of security and display |
| 8 | thereof; dismissal of cases.-- |
| 9 | (1) Any person required by s. 627.733 to maintain personal |
| 10 | injury protection security on a motor vehicle or required to |
| 11 | have motorcycle insurance coverage as required by s. 627.7441 |
| 12 | shall have in his or her immediate possession at all times while |
| 13 | operating such motor vehicle or motorcycle proper proof of |
| 14 | maintenance of the security required by s. 627.733 or s. |
| 15 | 627.7441, as applicable. Such proof shall be either a uniform |
| 16 | proof-of-insurance card in a form prescribed by the department, |
| 17 | a valid insurance policy, an insurance policy binder, a |
| 18 | certificate of insurance, or such other proof as may be |
| 19 | prescribed by the department. |
| 20 | (3) Any person who violates this section is guilty of a |
| 21 | nonmoving traffic infraction subject to the penalty provided in |
| 22 | chapter 318 and shall be required to furnish proof of security |
| 23 | as provided in this section. If any person charged with a |
| 24 | violation of this section fails to furnish proof, at or before |
| 25 | the scheduled court appearance date, that security was in effect |
| 26 | at the time of the violation, the court may immediately suspend |
| 27 | the registration and driver's license of such person. Such |
| 28 | license and registration may only be reinstated only as provided |
| 29 | in s. 627.733, except that licenses and registrations that have |
| 30 | been suspended for failure to provide proof of insurance as |
| 31 | required by s. 627.7441 may be reinstated only as provided in s. |
| 32 | 627.7441. |
| 33 | Section 2. Paragraphs (a) and (d) of subsection (5) of |
| 34 | section 320.02, Florida Statutes, are amended to read: |
| 35 | 320.02 Registration required; application for |
| 36 | registration; forms.-- |
| 37 | (5)(a) Proof that personal injury protection benefits have |
| 38 | been purchased when required under s. 627.733, that property |
| 39 | damage liability coverage has been purchased as required under |
| 40 | s. 324.022, and that combined bodily liability insurance and |
| 41 | property damage liability insurance have been purchased when |
| 42 | required under s. 627.7415 shall be provided in the manner |
| 43 | prescribed by law by the applicant at the time of application |
| 44 | for registration of any motor vehicle owned as defined in s. |
| 45 | 627.732. Proof that insurance coverage has been purchased as |
| 46 | required by s. 627.7441 shall be provided in the manner |
| 47 | prescribed by law by the applicant at the time of application |
| 48 | for registration for a motorcycle as defined in s. 316.003. The |
| 49 | issuing agent shall refuse to issue registration if such proof |
| 50 | of purchase is not provided. Insurers shall furnish uniform |
| 51 | proof-of-purchase cards in a form prescribed by the department |
| 52 | and shall include the name of the insured's insurance company, |
| 53 | the coverage identification number, the make, year, and vehicle |
| 54 | identification number of the vehicle insured. The card shall |
| 55 | contain a statement notifying the applicant of the penalty |
| 56 | specified in s. 316.646(4). The card or insurance policy, |
| 57 | insurance policy binder, or certificate of insurance or a |
| 58 | photocopy of any of these; an affidavit containing the name of |
| 59 | the insured's insurance company, the insured's policy number, |
| 60 | and the make and year of the vehicle insured; or such other |
| 61 | proof as may be prescribed by the department shall constitute |
| 62 | sufficient proof of purchase. If an affidavit is provided as |
| 63 | proof, it shall be in substantially the following form: |
| 64 |
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| 65 | Under penalty of perjury, I (Name of insured) do hereby |
| 66 | certify that I have (Personal Injury Protection, Property |
| 67 | Damage Liability, and, when required, Bodily Injury Liability) |
| 68 | Insurance currently in effect with (Name of insurance company) |
| 69 | under (policy number) covering (make, year, and vehicle |
| 70 | identification number of vehicle) . (Signature of Insured) |
| 71 |
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| 72 | Such affidavit shall include the following warning: |
| 73 |
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| 74 | WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE |
| 75 | REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA |
| 76 | LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS |
| 77 | SUBJECT TO PROSECUTION. |
| 78 |
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| 79 | When an application is made through a licensed motor vehicle |
| 80 | dealer as required in s. 319.23, the original or a photostatic |
| 81 | copy of such card, insurance policy, insurance policy binder, or |
| 82 | certificate of insurance or the original affidavit from the |
| 83 | insured shall be forwarded by the dealer to the tax collector of |
| 84 | the county or the department of Highway Safety and Motor |
| 85 | Vehicles for processing. By executing the aforesaid affidavit, |
| 86 | no licensed motor vehicle dealer will be liable in damages for |
| 87 | any inadequacy, insufficiency, or falsification of any statement |
| 88 | contained therein. A card shall also indicate the existence of |
| 89 | any bodily injury liability insurance voluntarily purchased. |
| 90 | (d) The verifying of proof of personal injury protection |
| 91 | insurance, proof of combined bodily liability insurance and |
| 92 | property damage liability insurance, or proof of financial |
| 93 | responsibility insurance and the issuance or failure to issue |
| 94 | the motor vehicle registration under the provisions of this |
| 95 | chapter may not be construed in any court as a warranty of the |
| 96 | reliability or accuracy of the evidence of such proof. Neither |
| 97 | the department nor any tax collector is liable in damages for |
| 98 | any inadequacy, insufficiency, falsification, or unauthorized |
| 99 | modification of any item of the proof of personal injury |
| 100 | protection insurance, proof of combined bodily liability |
| 101 | insurance and property damage liability insurance, or proof of |
| 102 | financial responsibility insurance or motorcycle insurance |
| 103 | required by s. 627.7441 either prior to, during, or subsequent |
| 104 | to the verification of the proof. The issuance of a motor |
| 105 | vehicle registration does not constitute prima facie evidence or |
| 106 | a presumption of insurance coverage. |
| 107 |
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| 108 | ======== T I T L E A M E N D M E N T ======== |
| 109 | Remove lines 1426 and insert: |
| 110 | An act relating to motor vehicle insurance; amending |
| 111 | s. 316.646, F.S.; revising provisions relating to |
| 112 | security required and proof of security and display |
| 113 | thereof; amending s. 320.02, F.S.; revising provisions |
| 114 | relating to proof of insurance coverage; amending s. |