| 1 | Representative(s) Simmons offered the following: |
| 2 |
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| 3 | Substitute Amendment for Amendment (824249) (with title |
| 4 | amendment) |
| 5 | Remove everything after the enacting clause and insert: |
| 6 | Section 1. Subsections (1) and (7) of section 324.021, |
| 7 | Florida Statutes, are amended to read: |
| 8 | 324.021 Definitions; minimum insurance required.--The |
| 9 | following words and phrases when used in this chapter shall, for |
| 10 | the purpose of this chapter, have the meanings respectively |
| 11 | ascribed to them in this section, except in those instances |
| 12 | where the context clearly indicates a different meaning: |
| 13 | (1) MOTOR VEHICLE.--Every self-propelled vehicle which is |
| 14 | designed and required to be licensed for use upon a highway, |
| 15 | including trailers and semitrailers designed for use with such |
| 16 | vehicles, except traction engines, road rollers, farm tractors, |
| 17 | power shovels, and well drillers, and every vehicle which is |
| 18 | propelled by electric power obtained from overhead wires but not |
| 19 | operated upon rails, but not including any bicycle or moped. |
| 20 | However, the term "motor vehicle" shall not include any motor |
| 21 | vehicle as defined in s. 627.732(3) when the owner of such |
| 22 | vehicle has complied with the requirements of ss. 627.730- |
| 23 | 627.7405, inclusive, unless the provisions of s. 324.051 apply; |
| 24 | and, in such case, the applicable proof of insurance provisions |
| 25 | of s. 320.02 apply. |
| 26 | (7) PROOF OF FINANCIAL RESPONSIBILITY.--That proof of |
| 27 | ability to respond in damages for liability on account of |
| 28 | crashes arising out of the use of a motor vehicle: |
| 29 | (a) In the amount of $25,000 $10,000 because of bodily |
| 30 | injury to, or death of, one person in any one crash; |
| 31 | (b) Subject to such limits for one person, in the amount |
| 32 | of $50,000 $20,000 because of bodily injury to, or death of, two |
| 33 | or more persons in any one crash; |
| 34 | (c) In the amount of $10,000 because of injury to, or |
| 35 | destruction of, property of others in any one crash; and |
| 36 | (d) With respect to commercial motor vehicles and |
| 37 | nonpublic sector buses, in the amounts specified in ss. 627.7415 |
| 38 | and 627.742, respectively. |
| 39 | Section 2. Section 324.023, Florida Statutes, is created |
| 40 | to read: |
| 41 | 324.023 Financial responsibility for bodily injury or |
| 42 | death.--Every owner of a motor vehicle that is required to be |
| 43 | registered in this state and every operator of any motor vehicle |
| 44 | located within this state shall establish and maintain, by one |
| 45 | of the methods established in s. 324.031, the ability to respond |
| 46 | in damages for liability on account of accidents arising out of |
| 47 | the use of the motor vehicle in at least the amounts prescribed |
| 48 | in s. 324.021(7)(a) and (b). This section does not apply to any |
| 49 | motor vehicle that has been continuously and exclusively used |
| 50 | for a commercial purpose since being acquired by its current |
| 51 | owner. The requirement of this section shall be in addition to |
| 52 | any other financial responsibility required of the owner of a |
| 53 | motor vehicle. |
| 54 | Section 3. Section 324.031, Florida Statutes, is amended |
| 55 | to read: |
| 56 | 324.031 Manner of proving financial responsibility.--The |
| 57 | owner or operator of a taxicab, limousine, jitney, or any other |
| 58 | for-hire passenger transportation vehicle may prove financial |
| 59 | responsibility by providing satisfactory evidence of holding a |
| 60 | motor vehicle liability policy as defined in s. 324.021(8) or s. |
| 61 | 324.151, which policy is issued by an insurance carrier which is |
| 62 | a member of the Florida Insurance Guaranty Association. The |
| 63 | operator or owner of any other vehicle may prove his or her |
| 64 | financial responsibility by: |
| 65 | (1) Furnishing satisfactory evidence of holding a motor |
| 66 | vehicle liability policy as defined in ss. 324.021(8) and |
| 67 | 324.151; |
| 68 | (2) Posting with the department a satisfactory bond of a |
| 69 | surety company authorized to do business in this state, |
| 70 | conditioned for payment of the amount specified in s. |
| 71 | 324.021(7); |
| 72 | (3) Furnishing a certificate of the department showing a |
| 73 | deposit of cash or securities in accordance with s. 324.161; or |
| 74 | (4) Furnishing a certificate of self-insurance issued by |
| 75 | the department in accordance with s. 324.171. |
| 76 |
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| 77 | Any person, including any firm, partnership, association, |
| 78 | corporation, or other person, other than a natural person, |
| 79 | electing to use the method of proof specified in subsection (2) |
| 80 | or subsection (3) shall post a bond or deposit equal to the |
| 81 | number of vehicles owned times $60,000 $30,000, to a maximum of |
| 82 | $240,000 $120,000; in addition, any such person, other than a |
| 83 | natural person, shall maintain insurance providing coverage in |
| 84 | excess of limits of $25,000/50,000/10,000 $10,000/20,000/10,000 |
| 85 | or $60,000 $30,000 combined single limits, and such excess |
| 86 | insurance shall provide minimum limits of |
| 87 | $125,000/250,000/50,000 or $300,000 combined single limits. |
| 88 | These increased limits shall not affect the requirements for |
| 89 | proving financial responsibility under s. 324.032(1). |
| 90 | Section 4. Section 324.161, Florida Statutes, is amended |
| 91 | to read: |
| 92 | 324.161 Proof of financial responsibility; surety bond or |
| 93 | deposit.--The certificate of the department of a deposit may be |
| 94 | obtained by depositing with it $60,000 $30,000 cash or |
| 95 | securities such as may be legally purchased by savings banks or |
| 96 | for trust funds, of a market value of $60,000 $30,000 and which |
| 97 | deposit shall be held by the department to satisfy, in |
| 98 | accordance with the provisions of this chapter, any execution on |
| 99 | a judgment issued against such person making the deposit, for |
| 100 | damages because of bodily injury to or death of any person or |
| 101 | for damages because of injury to or destruction of property |
| 102 | resulting from the use or operation of any motor vehicle |
| 103 | occurring after such deposit was made. Money or securities so |
| 104 | deposited shall not be subject to attachment or execution unless |
| 105 | such attachment or execution shall arise out of a suit for |
| 106 | damages as aforesaid. |
| 107 | Section 5. Paragraphs (a) and (b) of subsection (1) of |
| 108 | section 324.171, Florida Statutes, are amended to read: |
| 109 | 324.171 Self-insurer.-- |
| 110 | (1) Any person may qualify as a self-insurer by obtaining |
| 111 | a certificate of self-insurance from the department which may, |
| 112 | in its discretion and upon application of such a person, issue |
| 113 | said certificate of self-insurance when such person has |
| 114 | satisfied the requirements of this section to qualify as a self- |
| 115 | insurer under this section: |
| 116 | (a) A private individual with private passenger vehicles |
| 117 | shall possess unencumbered assets of at least $100,000 that |
| 118 | could be subject to a judgment creditor's writ of execution and |
| 119 | a net unencumbered worth of at least $100,000 $40,000. |
| 120 | (b) A person, including any firm, partnership, |
| 121 | association, corporation, or other person, other than a natural |
| 122 | person, shall: |
| 123 | 1. Possess unencumbered assets of at least $100,000 that |
| 124 | could be subject to a judgment creditor's writ of execution and |
| 125 | a net unencumbered worth of at least $100,000 $40,000 for the |
| 126 | first motor vehicle and $50,000 $20,000 for each additional |
| 127 | motor vehicle; or |
| 128 | 2. Maintain sufficient net worth, as determined annually |
| 129 | by the department, pursuant to rules promulgated by the |
| 130 | department, with the assistance of the Office of Insurance |
| 131 | Regulation of the Financial Services Commission, to be |
| 132 | financially responsible for potential losses. The rules shall |
| 133 | take into consideration excess insurance carried by the |
| 134 | applicant. The department's determination shall be based upon |
| 135 | reasonable actuarial principles considering the frequency, |
| 136 | severity, and loss development of claims incurred by casualty |
| 137 | insurers writing coverage on the type of motor vehicles for |
| 138 | which a certificate of self-insurance is desired. |
| 139 | Section 6. Subsections (1) and (3) of section 316.646, |
| 140 | Florida Statutes, are amended to read: |
| 141 | 316.646 Security required; proof of security and display |
| 142 | thereof; dismissal of cases.-- |
| 143 | (1) Any person required by s. 324.023 to maintain |
| 144 | liability coverage for bodily injury or death or any person |
| 145 | required by s. 627.733 to maintain personal injury protection |
| 146 | security on a motor vehicle shall have in his or her immediate |
| 147 | possession at all times while operating such motor vehicle |
| 148 | proper proof of maintenance of the security required by ss. |
| 149 | 324.023 and s. 627.733. Such proof shall be either a uniform |
| 150 | proof-of-insurance card in a form prescribed by the department, |
| 151 | a valid insurance policy, an insurance policy binder, a |
| 152 | certificate of insurance, or such other proof as may be |
| 153 | prescribed by the department. |
| 154 | (3) Any person who violates this section is guilty of a |
| 155 | nonmoving traffic infraction subject to the penalty provided in |
| 156 | chapter 318 and shall be required to furnish proof of security |
| 157 | as provided in this section. If any person charged with a |
| 158 | violation of this section fails to furnish proof, at or before |
| 159 | the scheduled court appearance date, that security was in effect |
| 160 | at the time of the violation, the court may immediately suspend |
| 161 | the registration and driver's license of such person. Such |
| 162 | license and registration may only be reinstated as provided in |
| 163 | ss. 324.023 and s. 627.733. |
| 164 | Section 7. Subsection (7) of section 627.733, Florida |
| 165 | Statutes, is amended to read: |
| 166 | 627.733 Required security.-- |
| 167 | (7) Any operator or owner whose driver's license or |
| 168 | registration has been suspended pursuant to this section or s. |
| 169 | 316.646 may effect its reinstatement upon compliance with the |
| 170 | requirements of this section and upon payment to the Department |
| 171 | of Highway Safety and Motor Vehicles of a nonrefundable |
| 172 | reinstatement fee of $150 for the first reinstatement. Such |
| 173 | reinstatement fee shall be $250 for the second reinstatement and |
| 174 | $500 for each subsequent reinstatement during the 3 years |
| 175 | following the first reinstatement. Any person reinstating her or |
| 176 | his insurance under this subsection must also secure |
| 177 | noncancelable coverage as described in ss. 324.021(8) and s. |
| 178 | 627.7275(2) and present to the appropriate person proof that the |
| 179 | coverage is in force on a form promulgated by the Department of |
| 180 | Highway Safety and Motor Vehicles, such proof to be maintained |
| 181 | for 2 years. If the person does not have a second reinstatement |
| 182 | within 3 years after her or his initial reinstatement, the |
| 183 | reinstatement fee shall be $150 for the first reinstatement |
| 184 | after that 3-year period. In the event that a person's license |
| 185 | and registration are suspended pursuant to this section or s. |
| 186 | 316.646, only one reinstatement fee shall be paid to reinstate |
| 187 | the license and the registration. All fees shall be collected by |
| 188 | the Department of Highway Safety and Motor Vehicles at the time |
| 189 | of reinstatement. The Department of Highway Safety and Motor |
| 190 | Vehicles shall issue proper receipts for such fees and shall |
| 191 | promptly deposit those fees in the Highway Safety Operating |
| 192 | Trust Fund. One-third of the fee collected under this subsection |
| 193 | shall be distributed from the Highway Safety Operating Trust |
| 194 | Fund to the local government entity or state agency which |
| 195 | employed the law enforcement officer who seizes a license plate |
| 196 | pursuant to s. 324.201. Such funds may be used by the local |
| 197 | government entity or state agency for any authorized purpose. |
| 198 | Section 8. This act shall take effect October 1, 2007. |
| 199 |
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| 200 | =========== T I T L E A M E N D M E N T ======== |
| 201 | Remove the entire title and insert: |
| 202 | A bill to be entitled |
| 203 | An act relating to motor vehicle liability financial |
| 204 | responsibility; amending s. 324.021, F.S.; revising the |
| 205 | definition of the term "motor vehicle"; increasing |
| 206 | financial responsibility limits with respect to bodily |
| 207 | injury or death in a single accident; creating s. 324.023, |
| 208 | F.S.; specifying an additional requirement for proof of |
| 209 | financial responsibility for bodily injury or death; |
| 210 | providing a hardship exception; amending s. 324.031, F.S.; |
| 211 | increasing limits for proof of financial responsibility |
| 212 | for for-hire transportation vehicle certificates of self- |
| 213 | insurance; amending s. 324.161, F.S.; increasing the |
| 214 | amount required for a surety bond or deposit for proof of |
| 215 | financial responsibility; amending s. 324.171, F.S.; |
| 216 | revising the required threshold limit for self-insurers; |
| 217 | amending ss. 316.646 and 627.733, F.S., to conform; |
| 218 | providing an effective date. |