HB 735

1	A bill to be entitled
2	An act relating to personal injury protection insurance;
3	amending ss. 324.021, 627.7295, 627.736, and 627.739,
4	F.S.; providing an additional personal injury protection
5	financial requirement for certain emergency services and
6	care; correcting cross-references; providing an effective
7	date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Subsection (7) of section 324.021, Florida
12	Statutes, is amended to read:
13	324.021  Definitions; minimum insurance required.--The
14	following words and phrases when used in this chapter shall, for
15	the purpose of this chapter, have the meanings respectively
16	ascribed to them in this section, except in those instances
17	where the context clearly indicates a different meaning:
18	(7)  PROOF OF FINANCIAL RESPONSIBILITY.--That proof of
19	ability to respond in damages for liability on account of
20	crashes arising out of the use of a motor vehicle:
21	(a)  In the amount of $10,000 because of bodily injury to,
22	or death of, one person in any one crash;
23	(b)  Subject to such limits for one person, in the amount
24	of $20,000 because of bodily injury to, or death of, two or more
25	persons in any one crash;
26	(c)  In the amount of $30,000 of total benefits for
27	emergency services and care as defined in s. 395.002 provided in
28	or by a hospital as defined in s. 395.002;
29	(d)(c)  In the amount of $10,000 because of injury to, or
30	destruction of, property of others in any one crash; and
31	(e)(d)  With respect to commercial motor vehicles and
32	nonpublic sector buses, in the amounts specified in ss. 627.7415
33	and 627.742, respectively.
34	Section 2.  Subsection (7) of section 627.7295, Florida
35	Statutes, is amended to read:
36	627.7295  Motor vehicle insurance contracts.--
37	(7)  A policy of private passenger motor vehicle insurance
38	or a binder for such a policy may be initially issued in this
39	state only if the insurer or agent has collected from the
40	insured an amount equal to 2 months' premium. An insurer, agent,
41	or premium finance company may not directly or indirectly take
42	any action resulting in the insured having paid from the
43	insured's own funds an amount less than the 2 months' premium
44	required by this subsection. This subsection applies without
45	regard to whether the premium is financed by a premium finance
46	company or is paid pursuant to a periodic payment plan of an
47	insurer or an insurance agent. This subsection does not apply if
48	an insured or member of the insured's family is renewing or
49	replacing a policy or a binder for such policy written by the
50	same insurer or a member of the same insurer group. This
51	subsection does not apply to an insurer that issues private
52	passenger motor vehicle coverage primarily to active duty or
53	former military personnel or their dependents. This subsection
54	does not apply if all policy payments are paid pursuant to a
55	payroll deduction plan or an automatic electronic funds transfer
56	payment plan from the policyholder, provided that the first
57	policy payment is made by cash, cashier's check, check, or a
58	money order. This subsection and subsection (4) do not apply if
59	all policy payments to an insurer are paid pursuant to an
60	automatic electronic funds transfer payment plan from an agent
61	or a managing general agent and if the policy includes, at a
62	minimum, personal injury protection pursuant to ss. 627.730-
63	627.7405; motor vehicle property damage liability pursuant to s.
64	627.7275; and bodily injury liability in at least the amount of
65	$10,000 because of bodily injury to, or death of, one person in
66	any one accident, and in the amount of $20,000 because of bodily
67	injury to, or death of, two or more persons in any one accident,
68	and in the amount of $30,000 of total benefits for emergency
69	services and care as defined in s. 395.002 provided in or by a
70	hospital as defined in s. 395.002 because of bodily injury to,
71	or death of, one person in any single accident. This subsection
72	and subsection (4) do not apply if an insured has had a policy
73	in effect for at least 6 months, the insured's agent is
74	terminated by the insurer that issued the policy, and the
75	insured obtains coverage on the policy's renewal date with a new
76	company through the terminated agent.
77	Section 3.  Subsection (1) of section 627.736, Florida
78	Statutes, is amended to read:
79	627.736  Required personal injury protection benefits;
80	exclusions; priority; claims.--
81	(1)  REQUIRED BENEFITS.--
82	(a)  Every insurance policy complying with the security
83	requirements of s. 627.733 shall provide personal injury
84	protection as provided in paragraph (b) to the named insured,
85	relatives residing in the same household, persons operating the
86	insured motor vehicle, passengers in such motor vehicle, and
87	other persons struck by such motor vehicle and suffering bodily
88	injury while not an occupant of a self-propelled vehicle,
89	subject to the provisions of subsection (2) and paragraph
90	(4)(d):,
91	1.  To a limit of $10,000 for loss sustained by any such
92	person as a result of bodily injury, sickness, disease, or death
93	arising out of the ownership, maintenance, or use of a motor
94	vehicle; and
95	2.  To a limit of $30,000 of total benefits for emergency
96	services and care as defined in s. 395.002 provided in or by a
97	hospital as defined in s. 395.002 for loss sustained by any such
98	person as a result of bodily injury, sickness, disease, or death
99	arising out of the ownership, maintenance, or use of a motor
100	vehicle.
101	(b)  The personal injury protection required under
102	paragraph (a) shall be as follows:
103	1.(a)  Medical benefits.--Eighty percent of all reasonable
104	expenses for medically necessary medical, surgical, X-ray,
105	dental, and rehabilitative services, including prosthetic
106	devices, and medically necessary ambulance, hospital, and
107	nursing services. Such benefits shall also include necessary
108	remedial treatment and services recognized and permitted under
109	the laws of the state for an injured person who relies upon
110	spiritual means through prayer alone for healing, in accordance
111	with his or her religious beliefs; however, this sentence does
112	not affect the determination of what other services or
113	procedures are medically necessary.
114	2.(b)  Disability benefits.--Sixty percent of any loss of
115	gross income and loss of earning capacity per individual from
116	inability to work proximately caused by the injury sustained by
117	the injured person, plus all expenses reasonably incurred in
118	obtaining from others ordinary and necessary services in lieu of
119	those that, but for the injury, the injured person would have
120	performed without income for the benefit of his or her
121	household. All disability benefits payable under this provision
122	shall be paid not less than every 2 weeks.
123	3.(c)  Death benefits.--Death benefits of $5,000 per
124	individual. The insurer may pay such benefits to the executor or
125	administrator of the deceased, to any of the deceased's
126	relatives by blood or legal adoption or connection by marriage,
127	or to any person appearing to the insurer to be equitably
128	entitled thereto.
129	(c)  Only insurers writing motor vehicle liability
130	insurance in this state may provide the required benefits of
131	this section, and no such insurer shall require the purchase of
132	any other motor vehicle coverage other than the purchase of
133	property damage liability coverage as required by s. 627.7275 as
134	a condition for providing such required benefits. Insurers may
135	not require that property damage liability insurance in an
136	amount greater than $10,000 be purchased in conjunction with
137	personal injury protection. Such insurers shall make benefits
138	and required property damage liability insurance coverage
139	available through normal marketing channels. Any insurer writing
140	motor vehicle liability insurance in this state who fails to
141	comply with such availability requirement as a general business
142	practice shall be deemed to have violated part IX of chapter
143	626, and such violation shall constitute an unfair method of
144	competition or an unfair or deceptive act or practice involving
145	the business of insurance; and any such insurer committing such
146	violation shall be subject to the penalties afforded in such
147	part, as well as those which may be afforded elsewhere in the
148	insurance code.
149	Section 4.  Subsections (2) and (3) of section 627.739,
150	Florida Statutes, are amended to read:
151	627.739  Personal injury protection; optional limitations;
152	deductibles.--
153	(2)  Insurers shall offer to each applicant and to each
154	policyholder, upon the renewal of an existing policy,
155	deductibles, in amounts of $250, $500, and $1,000. The
156	deductible amount must be applied to 100 percent of the expenses
157	and losses described in s. 627.736. After the deductible is met,
158	each insured is eligible to receive up to $30,000 $10,000 in
159	total benefits described in s. 627.736(1). However, this
160	subsection shall not be applied to reduce the amount of any
161	benefits received in accordance with s. 627.736(1)(b)3(c).
162	(3)  Insurers shall offer coverage wherein, at the election
163	of the named insured, the benefits for loss of gross income and
164	loss of earning capacity described in s. 627.736(1)(b)2. shall
165	be excluded.
166	Section 5.  This act shall take effect upon becoming a law.

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