| 1 | The Commerce Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to motor vehicle insurance; amending s. |
| 7 | 316.646, F.S.; requiring motorcycle registrants to provide |
| 8 | proof of security under specified circumstances; providing |
| 9 | requirements for reinstatement of a motorcycle license and |
| 10 | registration; providing for reinstatement fees; amending |
| 11 | s. 320.02, F.S.; requiring proof of security for |
| 12 | application for a motorcycle registration; correcting a |
| 13 | cross-reference; creating s. 324.025, F.S.; requiring |
| 14 | certain motorcycle owners and registrants to maintain |
| 15 | specified security; requiring medical payments and |
| 16 | property damage coverage; authorizing alternative types of |
| 17 | security; authorizing deductibles and applicability of the |
| 18 | deductibles; making an owner or registrant personally |
| 19 | responsible for failure to maintain the required security; |
| 20 | authorizing the Department of Highway Safety and Motor |
| 21 | Vehicles to adopt rules; amending s. 627.06501, F.S.; |
| 22 | specifying minimum and maximum motor vehicle insurance |
| 23 | premium discounts available under certain circumstances; |
| 24 | requiring the Department of Highway Safety and Motor |
| 25 | Vehicles to require certain motor vehicle insurance |
| 26 | policyholders to pass a written test for certain purposes; |
| 27 | amending s. 627.736, F.S.; revising provisions relating to |
| 28 | insurer requests for patient diagnostic and treatment |
| 29 | records and information in certain disputes; providing for |
| 30 | specified damages and attorney's fees in cases involving |
| 31 | certain unfair trade practices by insurers; requiring |
| 32 | investigations by the Office of Insurance Regulation; |
| 33 | providing for availability of additional personal injury |
| 34 | protection benefits for specified emergency services and |
| 35 | care; providing limitations on the increased benefit; |
| 36 | specifying application of certain attorney fee provisions |
| 37 | to certain disputes; prohibiting application of a |
| 38 | contingency risk multiplier applicable to awards of |
| 39 | attorney's fees in certain disputes; amending s. 627.7401, |
| 40 | F.S.; specifying additional information requirements for |
| 41 | notification of an insured's right to receive personal |
| 42 | injury protection benefits under the Florida Motor Vehicle |
| 43 | No-Fault Law relating to anti-fraud rewards; creating s. |
| 44 | 627.7441, F.S.; requiring certain insurers to provide |
| 45 | medical payments motorcycle insurance coverage; providing |
| 46 | requirements and limitations; providing penalties; |
| 47 | providing a definition; specifying covered persons; |
| 48 | authorizing insurers to offer various levels of |
| 49 | deductibles for the medical payments coverage; requiring |
| 50 | the Florida Automobile Joint Underwriting Association to |
| 51 | make coverage available to certain persons under certain |
| 52 | circumstances; requiring the Financial Services Commission |
| 53 | to adopt rules; amending s. 316.068, F.S.; specifying |
| 54 | additional information to be included in a crash report; |
| 55 | creating a rebuttable presumption relating to the |
| 56 | existence of passengers in vehicles involved in a crash; |
| 57 | amending s. 322.21, F.S.; providing an additional fee for |
| 58 | certain offenses relating to insurance crimes; requiring |
| 59 | the Department of Highway Safety and Motor Vehicles to |
| 60 | collect and deposit the fee into the Highway Safety |
| 61 | Operating Trust Fund; amending s. 322.26, F.S.; providing |
| 62 | an additional circumstance relating to insurance crimes |
| 63 | for mandatory revocation of a person's driver's license; |
| 64 | amending s. 817.234, F.S.; prohibiting telephone business |
| 65 | solicitation of persons involved in a motor vehicle |
| 66 | accident; prohibiting scheming to create documentation of |
| 67 | a motor vehicle crash that did not occur; providing a |
| 68 | criminal penalty; amending s. 817.2361, F.S.; providing |
| 69 | that creating, marketing, or presenting fraudulent proof |
| 70 | of motor vehicle insurance is a felony of the third |
| 71 | degree; providing criminal penalties; amending s. 19, ch. |
| 72 | 2003-411, Laws of Florida; extending the repeal of the |
| 73 | Florida Motor Vehicle No-Fault Law; providing an effective |
| 74 | date. |
| 75 |
|
| 76 | Be It Enacted by the Legislature of the State of Florida: |
| 77 |
|
| 78 | Section 1. Section 316.646, Florida Statutes, is amended |
| 79 | to read: |
| 80 | 316.646 Security required; proof of security and display |
| 81 | thereof; dismissal of cases.-- |
| 82 | (1) Any person required by s. 627.733 to maintain personal |
| 83 | injury protection security on a motor vehicle or required to |
| 84 | have motorcycle insurance coverage as required by s. 324.025 |
| 85 | shall have in his or her immediate possession at all times while |
| 86 | operating such motor vehicle or motorcycle proper proof of |
| 87 | maintenance of the security required by s. 627.733 or s. |
| 88 | 324.025, as applicable. Such proof shall be either a uniform |
| 89 | proof-of-insurance card in a form prescribed by the department, |
| 90 | a valid insurance policy, an insurance policy binder, a |
| 91 | certificate of insurance, or such other proof as may be |
| 92 | prescribed by the department. |
| 93 | (2) If, upon a comparison of the vehicle registration |
| 94 | certificate or other evidence of registration or ownership with |
| 95 | the operator's driver's license or other evidence of personal |
| 96 | identity, it appears to a law enforcement officer or other |
| 97 | person authorized to issue traffic citations that the operator |
| 98 | is also the owner or registrant of the vehicle, upon demand of |
| 99 | the law enforcement officer or other person authorized to issue |
| 100 | traffic citations the operator shall display proper proof of |
| 101 | maintenance of security as specified by subsection (1). |
| 102 | (3) Any person who violates this section is guilty of a |
| 103 | nonmoving traffic infraction subject to the penalty provided in |
| 104 | chapter 318 and shall be required to furnish proof of security |
| 105 | as provided in this section. If any person charged with a |
| 106 | violation of this section fails to furnish proof, at or before |
| 107 | the scheduled court appearance date, that security was in effect |
| 108 | at the time of the violation, the court may immediately suspend |
| 109 | the registration and driver's license of such person. Such |
| 110 | license and registration may only be reinstated only as provided |
| 111 | in s. 627.733, except that licenses and registrations that have |
| 112 | been suspended for failure to provide proof of insurance as |
| 113 | required by s. 324.025 may be reinstated only as provided in |
| 114 | subsection (4). |
| 115 | (4) In order to reinstate a license or registration that |
| 116 | has been suspended for failure to provide proof of the insurance |
| 117 | required by s. 324.025, the owner must provide proof of |
| 118 | compliance with the requirements of s. 324.025 and pay to the |
| 119 | department a nonrefundable reinstatement fee of $150 for a first |
| 120 | reinstatement. The reinstatement fee shall be $250 for a second |
| 121 | reinstatement and $500 for each subsequent reinstatement during |
| 122 | the 3-year period following a first reinstatement. Any person |
| 123 | reinstating his or her insurance under this subsection shall |
| 124 | also secure noncancelable coverage as described in s. 324.025 |
| 125 | and present to the appropriate person proof that the coverage is |
| 126 | in force on a form adopted by the department and maintain such |
| 127 | proof of coverage for 2 years. If a person does not have his or |
| 128 | her license and registration reinstated a second time within the |
| 129 | 3-year period after his or her initial reinstatement, the |
| 130 | reinstatement fee shall be $150 for a first reinstatement after |
| 131 | that 3-year period. If a person's license and registration are |
| 132 | suspended pursuant to this section or s. 316.646, only one |
| 133 | reinstatement fee shall be paid to reinstate the license and the |
| 134 | registration. All fees shall be collected by the department at |
| 135 | the time of reinstatement. The department shall issue proper |
| 136 | receipts for such fees and shall promptly deposit those fees in |
| 137 | the Highway Safety Operating Trust Fund. |
| 138 | (5)(4) Any person presenting proof of insurance as |
| 139 | required in subsection (1) who knows that the insurance as |
| 140 | represented by such proof of insurance is not currently in force |
| 141 | is guilty of a misdemeanor of the first degree, punishable as |
| 142 | provided in s. 775.082 or s. 775.083. |
| 143 | Section 2. Paragraphs (a) and (d) of subsection (5) of |
| 144 | section 320.02, Florida Statutes, are amended to read: |
| 145 | 320.02 Registration required; application for |
| 146 | registration; forms.-- |
| 147 | (5)(a) Proof that personal injury protection benefits have |
| 148 | been purchased when required under s. 627.733, that property |
| 149 | damage liability coverage has been purchased as required under |
| 150 | s. 324.022, and that combined bodily liability insurance and |
| 151 | property damage liability insurance have been purchased when |
| 152 | required under s. 627.7415 shall be provided in the manner |
| 153 | prescribed by law by the applicant at the time of application |
| 154 | for registration of any motor vehicle owned as defined in s. |
| 155 | 627.732. Proof that insurance coverage has been purchased as |
| 156 | required by s. 324.025 shall be provided in the manner |
| 157 | prescribed by law by the applicant at the time of application |
| 158 | for registration for a motorcycle as defined in s. 316.003. The |
| 159 | issuing agent shall refuse to issue registration if such proof |
| 160 | of purchase is not provided. Insurers shall furnish uniform |
| 161 | proof-of-purchase cards in a form prescribed by the department |
| 162 | and shall include the name of the insured's insurance company, |
| 163 | the coverage identification number, the make, year, and vehicle |
| 164 | identification number of the vehicle insured. The card shall |
| 165 | contain a statement notifying the applicant of the penalty |
| 166 | specified in s. 316.646(5)(4). The card or insurance policy, |
| 167 | insurance policy binder, or certificate of insurance or a |
| 168 | photocopy of any of these; an affidavit containing the name of |
| 169 | the insured's insurance company, the insured's policy number, |
| 170 | and the make and year of the vehicle insured; or such other |
| 171 | proof as may be prescribed by the department shall constitute |
| 172 | sufficient proof of purchase. If an affidavit is provided as |
| 173 | proof, it shall be in substantially the following form: |
| 174 |
|
| 175 | Under penalty of perjury, I (Name of insured) do hereby |
| 176 | certify that I have (Personal Injury Protection, Property |
| 177 | Damage Liability, and, when required, Bodily Injury Liability) |
| 178 | Insurance currently in effect with (Name of insurance company) |
| 179 | under (policy number) covering (make, year, and vehicle |
| 180 | identification number of vehicle) . (Signature of Insured) |
| 181 |
|
| 182 | Such affidavit shall include the following warning: |
| 183 |
|
| 184 | WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE |
| 185 | REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA |
| 186 | LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS |
| 187 | SUBJECT TO PROSECUTION. |
| 188 |
|
| 189 | When an application is made through a licensed motor vehicle |
| 190 | dealer as required in s. 319.23, the original or a photostatic |
| 191 | copy of such card, insurance policy, insurance policy binder, or |
| 192 | certificate of insurance or the original affidavit from the |
| 193 | insured shall be forwarded by the dealer to the tax collector of |
| 194 | the county or the department of Highway Safety and Motor |
| 195 | Vehicles for processing. By executing the aforesaid affidavit, |
| 196 | no licensed motor vehicle dealer will be liable in damages for |
| 197 | any inadequacy, insufficiency, or falsification of any statement |
| 198 | contained therein. A card shall also indicate the existence of |
| 199 | any bodily injury liability insurance voluntarily purchased. |
| 200 | (d) The verifying of proof of personal injury protection |
| 201 | insurance, proof of combined bodily liability insurance and |
| 202 | property damage liability insurance, or proof of financial |
| 203 | responsibility insurance and the issuance or failure to issue |
| 204 | the motor vehicle registration under the provisions of this |
| 205 | chapter may not be construed in any court as a warranty of the |
| 206 | reliability or accuracy of the evidence of such proof. Neither |
| 207 | the department nor any tax collector is liable in damages for |
| 208 | any inadequacy, insufficiency, falsification, or unauthorized |
| 209 | modification of any item of the proof of personal injury |
| 210 | protection insurance, proof of combined bodily liability |
| 211 | insurance and property damage liability insurance, or proof of |
| 212 | financial responsibility insurance or motorcycle insurance |
| 213 | required by s. 324.025 either prior to, during, or subsequent to |
| 214 | the verification of the proof. The issuance of a motor vehicle |
| 215 | registration does not constitute prima facie evidence or a |
| 216 | presumption of insurance coverage. |
| 217 | Section 3. Section 324.025, Florida Statutes, is created |
| 218 | to read: |
| 219 | 324.025 Motorcycles; requirement for insurance coverage.-- |
| 220 | (1)(a) Every owner or registrant of a motorcycle as |
| 221 | defined in s. 316.003, required to be registered and licensed in |
| 222 | this state, who is at least age 16 but younger than age 21, |
| 223 | shall maintain security by: |
| 224 | 1. Maintaining a policy of insurance from an authorized |
| 225 | insurer providing: |
| 226 | a. Property damage coverage as required by s. 324.022; and |
| 227 | b. Medical payments coverage providing a medical payments |
| 228 | benefit of $10,000 as set forth in s. 627.7441; or |
| 229 | 2. Furnishing proof of financial responsibility pursuant |
| 230 | to s. 324.031(2), (3), or (4) and approved by the department as |
| 231 | affording security equivalent to that afforded by a policy of |
| 232 | insurance as provided in subparagraph 1. |
| 233 | (b) With respect to a policy of insurance, the named |
| 234 | insured may elect a deductible as specified in s. 627.7441 to |
| 235 | apply to the named insured alone or to the named insured and |
| 236 | dependent relatives residing in the same household but may not |
| 237 | elect a deductible or modified coverage to apply to any other |
| 238 | person covered under the policy. |
| 239 | (2) An owner of a motorcycle with respect to which |
| 240 | security is required by this section who fails to have such |
| 241 | security in effect at the time of an accident is personally |
| 242 | liable for the payment of benefits under this section. With |
| 243 | respect to such benefits, such an owner has all of the rights |
| 244 | and obligations of an insurer. |
| 245 | (3) The department may adopt rules pursuant to ss. |
| 246 | 120.536(1) and 120.54 necessary to implement this section. |
| 247 | Section 4. Subsections (1) and (3) of section 627.06501, |
| 248 | Florida Statutes, are amended to read: |
| 249 | 627.06501 Insurance discounts for certain persons |
| 250 | completing driver improvement course.-- |
| 251 | (1) Any rate, rating schedule, or rating manual for the |
| 252 | liability, personal injury protection, and collision coverages |
| 253 | of a motor vehicle insurance policy filed with the office may |
| 254 | provide for a minimum of 2 percent, not to exceed 15 percent, |
| 255 | reduction in premiums an appropriate reduction in premium |
| 256 | charges as to such coverages when the principal operator on the |
| 257 | covered vehicle has successfully completed a driver improvement |
| 258 | course approved and certified by the Department of Highway |
| 259 | Safety and Motor Vehicles which is effective in reducing crash |
| 260 | or violation rates, or both, as determined pursuant to s. |
| 261 | 318.1451(5). Any discount, not to exceed 10 percent, used by an |
| 262 | insurer is presumed to be appropriate unless credible data |
| 263 | demonstrates otherwise. |
| 264 | (3) The organization offering the course shall, upon a |
| 265 | person's successful completion of the course, issue the person a |
| 266 | certificate that the person may use to qualify for the premium |
| 267 | discount authorized by this section. The Department of Highway |
| 268 | Safety and Motor Vehicles shall require each person completing |
| 269 | the course for the purposes of this section to pass a written |
| 270 | test given by the organization to evaluate the person's |
| 271 | knowledge of the content of the course. |
| 272 | Section 5. Subsection (6) and paragraph (f) of subsection |
| 273 | (11) of section 627.736, Florida Statutes, are amended, and |
| 274 | subsections (14) and (15) are added to that section, to read: |
| 275 | 627.736 Required personal injury protection benefits; |
| 276 | exclusions; priority; claims.-- |
| 277 | (6) REQUEST FOR PATIENT DIAGNOSTIC AND TREATMENT RECORDS |
| 278 | AND INFORMATION DISCOVERY OF FACTS ABOUT AN INJURED PERSON; |
| 279 | DISPUTES.-- |
| 280 | (a) Every employer shall, if a request is made by an |
| 281 | insurer providing personal injury protection benefits under ss. |
| 282 | 627.730-627.7405 against whom a claim has been made, furnish |
| 283 | forthwith, in a form approved by the office, a sworn statement |
| 284 | of the earnings, since the time of the bodily injury and for a |
| 285 | reasonable period before the injury, of the person upon whose |
| 286 | injury the claim is based. |
| 287 | (b) Every physician, hospital, clinic, or other medical |
| 288 | institution providing, before or after bodily injury upon which |
| 289 | a claim for personal injury protection insurance benefits is |
| 290 | based, any products, services, or accommodations in relation to |
| 291 | that or any other injury, or in relation to a condition claimed |
| 292 | to be connected with that or any other injury, shall, if |
| 293 | requested to do so by the insurer against whom the claim has |
| 294 | been made, furnish forthwith a written report of the history, |
| 295 | condition, treatment, dates, and costs of such treatment of the |
| 296 | injured person and why the items identified by the insurer were |
| 297 | reasonable in amount and medically necessary, together with a |
| 298 | sworn statement that the treatment or services rendered were |
| 299 | reasonable and necessary with respect to the bodily injury |
| 300 | sustained and identifying which portion of the expenses for such |
| 301 | treatment or services was incurred as a result of such bodily |
| 302 | injury, and produce forthwith, and permit the inspection and |
| 303 | copying of, his or her or its records regarding such history, |
| 304 | condition, treatment, dates, and costs of treatment; provided |
| 305 | that this shall not limit the introduction of evidence at trial. |
| 306 | Such sworn statement shall read as follows: "Under penalty of |
| 307 | perjury, I declare that I have read the foregoing, and the facts |
| 308 | alleged are true, to the best of my knowledge and belief." No |
| 309 | cause of action for violation of the physician-patient privilege |
| 310 | or invasion of the right of privacy shall be permitted against |
| 311 | any physician, hospital, clinic, or other medical institution |
| 312 | complying with the provisions of this section. The person |
| 313 | requesting such records and such sworn statement shall pay all |
| 314 | reasonable costs connected therewith. If an insurer makes a |
| 315 | written request for documentation or information under this |
| 316 | paragraph within 30 days after having received notice of the |
| 317 | amount of a covered loss under paragraph (4)(a), the amount or |
| 318 | the partial amount which is the subject of the insurer's inquiry |
| 319 | shall become overdue if the insurer does not pay in accordance |
| 320 | with paragraph (4)(b) or within 10 days after the insurer's |
| 321 | receipt of the requested documentation or information, whichever |
| 322 | occurs later. For purposes of this paragraph, the term "receipt" |
| 323 | includes, but is not limited to, inspection and copying pursuant |
| 324 | to this paragraph. Any insurer that requests documentation or |
| 325 | information pertaining to reasonableness of charges or medical |
| 326 | necessity under this paragraph without a reasonable basis for |
| 327 | such requests as a general business practice is engaging in an |
| 328 | unfair trade practice under the insurance code. |
| 329 | (c) In the event of any dispute regarding an insurer's |
| 330 | right to request patient diagnostic or treatment information |
| 331 | discovery of facts under this section, the insurer may petition |
| 332 | a court of competent jurisdiction to enter an order permitting |
| 333 | such request for patient diagnostic or treatment information |
| 334 | discovery. The order may be made only on motion for good cause |
| 335 | shown and upon notice to all persons having an interest, and it |
| 336 | shall specify the time, place, manner, conditions, and scope of |
| 337 | the request for patient diagnostic or treatment information |
| 338 | discovery. Such court may, in order to protect against |
| 339 | annoyance, embarrassment, or oppression, as justice requires, |
| 340 | enter an order refusing the request for patient diagnostic or |
| 341 | treatment information discovery or specifying conditions of the |
| 342 | request for patient diagnostic or treatment information |
| 343 | discovery and may order payments of costs and expenses of the |
| 344 | proceeding, including reasonable fees for the appearance of |
| 345 | attorneys at the proceedings, as justice requires. |
| 346 | (d) The injured person shall be furnished, upon request, a |
| 347 | copy of all information obtained by the insurer under the |
| 348 | provisions of this section, and shall pay a reasonable charge, |
| 349 | if required by the insurer. |
| 350 | (e) Notice to an insurer of the existence of a claim shall |
| 351 | not be unreasonably withheld by an insured. |
| 352 | (11) DEMAND LETTER.-- |
| 353 | (f) Any insurer making a general business practice of not |
| 354 | paying valid claims until receipt of the notice required by this |
| 355 | subsection is engaging in an unfair trade practice under the |
| 356 | insurance code and shall be liable for damages in the amount of |
| 357 | three times the amount of benefits due or recovered resulting |
| 358 | from failing to pay the claims until receiving the demand letter |
| 359 | notices under this subsection. Any attorney who successfully |
| 360 | prosecutes an action based upon an insurer's general business |
| 361 | practice of not paying valid claims until receipt of the notice |
| 362 | required by this subsection may be awarded a lodestar multiplier |
| 363 | at the time that the court awards attorney's fees. The office |
| 364 | shall investigate and initiate actions for any violation of this |
| 365 | paragraph. The office may: |
| 366 | 1. Administer oaths and affirmations. |
| 367 | 2. Subpoena witnesses and documents. |
| 368 | 3. Collect evidence for possible use in civil, criminal, |
| 369 | or administrative proceedings. |
| 370 | 4. Refer findings to appropriate criminal justice agencies |
| 371 | for prosecution. |
| 372 | 5. Seek all other civil remedies provided by law. |
| 373 | (14) EMERGENCY SERVICES AND CARE.--In addition to the |
| 374 | medical benefits contained in paragraph (1)(a), additional |
| 375 | benefits of up to $10,000 are available for ambulance transport |
| 376 | and treatment, emergency services and care as defined in s. |
| 377 | 395.002(10), or inpatient services, provided in a hospital and |
| 378 | by physicians in an emergency department or trauma center or |
| 379 | inpatient departments when such services are continually |
| 380 | rendered as a result of an admission through the emergency |
| 381 | department or trauma center. The additional benefit for |
| 382 | emergency services and care must be rendered to the named |
| 383 | insured, the named insured's spouse, parents by blood or |
| 384 | marriage, stepparents and stepchildren, and children, natural or |
| 385 | adopted, who reside in the same household. Only emergency |
| 386 | services and care, necessary inpatient services following |
| 387 | admission through the emergency department or trauma center, or |
| 388 | transport and treatment rendered by an ambulance provider |
| 389 | licensed under part III of chapter 401 may be paid from the |
| 390 | additional benefit. The additional benefit may only be used when |
| 391 | such emergency services and care are initiated or rendered |
| 392 | within 48 hours after the motor vehicle accident. All such bills |
| 393 | shall be submitted on a UB 92 or a CMS 1500 form or their |
| 394 | approved successor forms. |
| 395 | (15) ATTORNEY'S FEES.--With respect to any dispute under |
| 396 | ss. 627.730-627.7405 between the insured and the insurer or |
| 397 | between an assignee of an insured's rights and the insurer, s. |
| 398 | 627.428 shall apply. A contingency risk multiplier may not be |
| 399 | applied to any attorney's fee award in any dispute under ss. |
| 400 | 627.730-627.7405, except as permitted in paragraph (11)(f). |
| 401 | Section 6. Subsection (1) of section 627.7401, Florida |
| 402 | Statutes, is amended to read: |
| 403 | 627.7401 Notification of insured's rights.-- |
| 404 | (1) The commission, by rule, shall adopt a form for the |
| 405 | notification of insureds of their right to receive personal |
| 406 | injury protection benefits under the Florida Motor Vehicle No- |
| 407 | Fault Law. Such notice shall: |
| 408 | (a) Include a description of the benefits provided by |
| 409 | personal injury protection, including, but not limited to, the |
| 410 | specific types of services for which medical benefits are paid, |
| 411 | disability benefits, death benefits, significant exclusions from |
| 412 | and limitations on personal injury protection benefits, when |
| 413 | payments are due, how benefits are coordinated with other |
| 414 | insurance benefits that the insured may have, penalties and |
| 415 | interest that may be imposed on insurers for failure to make |
| 416 | timely payments of benefits, and rights of parties regarding |
| 417 | disputes as to benefits. |
| 418 | (b) Notify the insured that: |
| 419 | 1. Pursuant to s. 626.9892, the department may pay rewards |
| 420 | of up to $25,000 to persons providing information leading to the |
| 421 | arrest and conviction of persons committing crimes investigated |
| 422 | by the Division of Insurance Fraud arising from violations of s. |
| 423 | 440.105, s. 624.15, s. 626.9541, s. 626.989, or s. 817.234. |
| 424 | 2. Solicitation of a person injured in a motor vehicle |
| 425 | crash for purposes of filing personal injury protection or tort |
| 426 | claims could be a violation of s. 817.234, s. 817.505, or the |
| 427 | rules regulating The Florida Bar and should be immediately |
| 428 | reported to the Division of Insurance Fraud if such conduct has |
| 429 | taken place. |
| 430 | Section 7. Section 627.7441, Florida Statutes, is created |
| 431 | to read: |
| 432 | 627.7441 Motorcycles; medical payments coverage.-- |
| 433 | (1) Each insurer authorized to write motor vehicle |
| 434 | insurance in this state shall make motorcycle coverage that |
| 435 | meets the security requirements of s. 324.025 available through |
| 436 | normal marketing channels. Insurers may not require that |
| 437 | additional or collateral coverage be purchased in addition to |
| 438 | the required security. An insurer writing motor vehicle |
| 439 | liability coverage in this state that fails to comply with this |
| 440 | availability requirement as a general business practice is |
| 441 | deemed to have violated part IX of chapter 626, and such |
| 442 | violation shall constitute an unfair method of competition or an |
| 443 | unfair or deceptive act or practice involving the business of |
| 444 | insurance. Any insurer committing such violation is subject to |
| 445 | the penalties provided in that part and other penalties provided |
| 446 | elsewhere in the insurance code. |
| 447 | (2) Any policy of insurance represented or sold as |
| 448 | providing the security required under this section is deemed to |
| 449 | provide insurance for the payment of the required benefits. |
| 450 | (3) Upon the issuance of a new policy of insurance or the |
| 451 | renewal of an existing policy of insurance, an insurer shall |
| 452 | offer to each applicant or policyholder deductibles meeting the |
| 453 | requirements of s. 324.025 in amounts of $250, $500, and $1,000. |
| 454 | The deductible amount must be applied to 100 percent of the |
| 455 | expenses and losses described in this section. After the |
| 456 | deductible is met, each insured is eligible to receive up to |
| 457 | $10,000 in total benefits as provided by the policy. Each |
| 458 | election made by the named insured under this subsection shall |
| 459 | result in an appropriate reduction of premium associated with |
| 460 | that election. |
| 461 | (4)(a) For the purposes of this section, the term "medical |
| 462 | payments coverage" means coverage of the usual and customary |
| 463 | charge for reasonable and necessary expenses incurred within 3 |
| 464 | years after the date of an accident involving the covered |
| 465 | motorcycle for medical and funeral services because of bodily |
| 466 | injury sustained by an injured person or death caused by an |
| 467 | accident arising out of the ownership, maintenance, or use of |
| 468 | the motorcycle or a trailer, sidecar, or other device attached |
| 469 | to the motorcycle. |
| 470 | (b) Subject to paragraph (c), covered persons include the |
| 471 | operator or any other person occupying the motorcycle or a |
| 472 | sidecar or trailer attached to the motorcycle. |
| 473 | (c) Covered persons also include any person at least age |
| 474 | 16 but younger than age 21 and may, if coverage is available |
| 475 | from the insurer and if purchased by the owner or registrant of |
| 476 | the motorcycle, include all persons over the age of 20. |
| 477 | (5) The Florida Automobile Joint Underwriting Association |
| 478 | shall make the coverage required under this section available to |
| 479 | any motorcycle owner or registrant who is in good faith entitled |
| 480 | to, but unable to, procure the security from an authorized |
| 481 | insurer. |
| 482 | (6) The commission may adopt rules pursuant to ss. |
| 483 | 120.536(1) and 120.54 necessary to implement this section. |
| 484 | Section 8. Subsection (2) of section 316.068, Florida |
| 485 | Statutes, is amended to read: |
| 486 | 316.068 Crash report forms.-- |
| 487 | (2) Every crash report required to be made in writing must |
| 488 | be made on the appropriate form approved by the department and |
| 489 | must contain all the information required in the report, |
| 490 | including therein: |
| 491 | (a) The date, time, and location of the crash. |
| 492 | (b) A description of the vehicles involved. |
| 493 | (c) The names and addresses of the parties involved. |
| 494 | (d) The names and addresses of all drivers and passengers |
| 495 | in the vehicles involved. |
| 496 | (e) The names and addresses of witnesses. |
| 497 | (f) The name, badge number, and law enforcement agency of |
| 498 | the officer investigating the crash. |
| 499 | (g) The names of the insurance companies for the |
| 500 | respective parties involved in the crash, |
| 501 |
|
| 502 | unless not available. The absence of information in such written |
| 503 | crash reports regarding the existence of passengers in the |
| 504 | vehicles involved in the crash constitutes a rebuttable |
| 505 | presumption that no such passengers were involved in the |
| 506 | reported crash. Notwithstanding any other provisions of this |
| 507 | section, a crash report produced electronically by a law |
| 508 | enforcement officer must, at a minimum, contain the same |
| 509 | information as is called for on those forms approved by the |
| 510 | department. |
| 511 | Section 9. Subsection (8) of section 322.21, Florida |
| 512 | Statutes, is amended to read: |
| 513 | 322.21 License fees; procedure for handling and collecting |
| 514 | fees.-- |
| 515 | (8) Any person who applies for reinstatement following the |
| 516 | suspension or revocation of the person's driver's license shall |
| 517 | pay a service fee of $35 following a suspension, and $60 |
| 518 | following a revocation, which is in addition to the fee for a |
| 519 | license. Any person who applies for reinstatement of a |
| 520 | commercial driver's license following the disqualification of |
| 521 | the person's privilege to operate a commercial motor vehicle |
| 522 | shall pay a service fee of $60, which is in addition to the fee |
| 523 | for a license. The department shall collect all of these fees at |
| 524 | the time of reinstatement. The department shall issue proper |
| 525 | receipts for such fees and shall promptly transmit all funds |
| 526 | received by it as follows: |
| 527 | (a) Of the $35 fee received from a licensee for |
| 528 | reinstatement following a suspension, the department shall |
| 529 | deposit $15 in the General Revenue Fund and $20 in the Highway |
| 530 | Safety Operating Trust Fund. |
| 531 | (b) Of the $60 fee received from a licensee for |
| 532 | reinstatement following a revocation or disqualification, the |
| 533 | department shall deposit $35 in the General Revenue Fund and $25 |
| 534 | in the Highway Safety Operating Trust Fund. |
| 535 |
|
| 536 | If the revocation or suspension of the driver's license was for |
| 537 | a violation of s. 316.193, or for refusal to submit to a lawful |
| 538 | breath, blood, or urine test, an additional fee of $115 must be |
| 539 | charged. However, only one $115 fee may be collected from one |
| 540 | person convicted of violations arising out of the same incident. |
| 541 | The department shall collect the $115 fee and deposit the fee |
| 542 | into the Highway Safety Operating Trust Fund at the time of |
| 543 | reinstatement of the person's driver's license, but the fee may |
| 544 | not be collected if the suspension or revocation is overturned. |
| 545 | If the revocation or suspension of the driver's license was for |
| 546 | a conviction for a violation of s. 817.234(8) or (9), an |
| 547 | additional fee of $180 is imposed for each such offense. The |
| 548 | department shall collect and deposit the additional fee into the |
| 549 | Highway Safety Operating Trust Fund at the time of reinstatement |
| 550 | of the person's driver's license. |
| 551 | Section 10. Subsection (9) is added to section 322.26, |
| 552 | Florida Statutes, to read: |
| 553 | 322.26 Mandatory revocation of license by department.--The |
| 554 | department shall forthwith revoke the license or driving |
| 555 | privilege of any person upon receiving a record of such person's |
| 556 | conviction of any of the following offenses: |
| 557 | (9) Conviction in any court having jurisdiction over |
| 558 | offenses committed under s. 817.234(8) or (9). |
| 559 | Section 11. Paragraph (c) of subsection (8) and subsection |
| 560 | (9) of section 817.234, Florida Statutes, are amended to read: |
| 561 | 817.234 False and fraudulent insurance claims.-- |
| 562 | (8) |
| 563 | (c) A lawyer, health care practitioner as defined in s. |
| 564 | 456.001, or owner or medical director of a clinic required to be |
| 565 | licensed pursuant to s. 400.9905 may not, at any time after 60 |
| 566 | days have elapsed from the occurrence of a motor vehicle |
| 567 | accident, solicit or cause to be solicited any business from a |
| 568 | person involved in a motor vehicle accident by means of in |
| 569 | person or telephone contact at the person's residence or office |
| 570 | or at any other telephone number, for the purpose of making |
| 571 | motor vehicle tort claims or claims for personal injury |
| 572 | protection benefits required by s. 627.736. Any person who |
| 573 | violates this paragraph commits a felony of the third degree, |
| 574 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 575 | (9) A person may not organize, plan, or knowingly |
| 576 | participate in an intentional motor vehicle crash or a scheme to |
| 577 | create documentation of a motor vehicle crash that did not occur |
| 578 | for the purpose of making motor vehicle tort claims or claims |
| 579 | for personal injury protection benefits as required by s. |
| 580 | 627.736. Any person who violates this subsection commits a |
| 581 | felony of the second degree, punishable as provided in s. |
| 582 | 775.082, s. 775.083, or s. 775.084. A person who is convicted of |
| 583 | a violation of this subsection shall be sentenced to a minimum |
| 584 | term of imprisonment of 2 years. |
| 585 | Section 12. Section 817.2361, Florida Statutes, is amended |
| 586 | to read: |
| 587 | 817.2361 False or fraudulent proof of motor vehicle |
| 588 | insurance card.--Any person who, with intent to deceive any |
| 589 | other person, creates, markets, or presents a false or |
| 590 | fraudulent proof of motor vehicle insurance card commits a |
| 591 | felony of the third degree, punishable as provided in s. |
| 592 | 775.082, s. 775.083, or s. 775.084. |
| 593 | Section 13. Section 19 of chapter 2003-411, Laws of |
| 594 | Florida, is amended to read: |
| 595 | Section 19. (1) Effective October 1, 2012 2007, sections |
| 596 | 627.730, 627.731, 627.732, 627.733, 627.734, 627.736, 627.737, |
| 597 | 627.739, 627.7401, 627.7403, and 627.7405, Florida Statutes, |
| 598 | constituting the Florida Motor Vehicle No-Fault Law, are |
| 599 | repealed, unless reenacted by the Legislature during the 2011 |
| 600 | 2006 Regular Session and such reenactment becomes law to take |
| 601 | effect for policies issued or renewed on or after October 1, |
| 602 | 2011 2006. |
| 603 | (2) Insurers are authorized to provide, in all policies |
| 604 | issued or renewed after October 1, 2011 2006, that such policies |
| 605 | may terminate on or after October 1, 2012 2007, as provided in |
| 606 | subsection (1). |
| 607 | Section 14. This act shall take effect October 1, 2006. |