Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS for SB 40-C
                        Barcode 211186
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 5/AD/2R          .                    
       10/05/2007 11:32 AM         .                    
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11  Senator Posey moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 79, line 4, through
15            page 81, line 5, delete those lines
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17  and insert:
18         Section 21.  Application of the Florida Motor Vehicle
19  No-Fault Law.--
20         (1)  Any person subject to the requirements of ss.
21  627.730-627.7405, Florida Statutes, the Florida Motor Vehicle
22  No-Fault Law, as revived and amended by this act, must
23  maintain security for personal injury protection as required
24  by the No-Fault Law, as revived and amended by this act,
25  beginning on January 1, 2008.
26         (2)  Any personal injury protection policy in effect on
27  or after January 1, 2008, shall be deemed to incorporate the
28  provisions of the Florida Motor Vehicle No-Fault Law as
29  revived and amended by this act.
30         (3)  An insurer shall continue to use the personal
31  injury protection forms and rates that were in effect on
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    8:41 AM   10/05/07                            s0040Cc2c-24-j07

Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 40-C Barcode 211186 1 September 30, 2007, until new forms or rates are used as 2 authorized by law. 3 (4) Each motor vehicle insurer shall provide personal 4 injury protection coverage to each of its motor vehicle 5 insureds who is subject to subsection (1) beginning on January 6 1, 2008. With respect to a person who does not have a personal 7 injury protection policy in effect on such date, the initial 8 endorsement shall not be considered a new policy and shall be 9 issued for a period that terminates on the same date as the 10 person's other motor vehicle insurance coverage. Except as 11 modified by the insured, the deductibles and exclusions that 12 applied to the insured's previous personal injury protection 13 coverage with that insurer shall apply to the new personal 14 injury protection coverage. The insurer is not required to 15 provide the coverage if the insured does not pay the required 16 premium by January 1, 2008, or such later date that the 17 insurer may allow. 18 (5) No later than November 15, 2007, each motor 19 vehicle insurer shall provide notice of the provisions of this 20 section to each motor vehicle insured who is subject to 21 subsection (1). The notice is not subject to approval by the 22 Office of Insurance Regulation. The notice must clearly inform 23 the policyholder: 24 (a) That, beginning on January 1, 2008, Florida law 25 requires the policyholder to maintain personal injury 26 protection ("PIP") insurance coverage and that this insurance 27 pays covered medical expenses for injuries sustained in a 28 motor vehicle crash by the policyholder, passengers, and 29 relatives residing in the policyholder's household. 30 (b) That, if the policyholder does not maintain 31 personal injury protection coverage, the State of Florida may 2 8:41 AM 10/05/07 s0040Cc2c-24-j07
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 40-C Barcode 211186 1 suspend the policyholder's driver's license and vehicle 2 registration. 3 (c) If the policyholder already has personal injury 4 protection coverage, that coverage will be amended effective 5 January 1, 2008, to incorporate legally required changes 6 without any additional premium and the policyholder is not 7 required to take any further action. 8 (d) That, if the policyholder does not currently have 9 personal injury protection coverage, the current motor vehicle 10 policy will be amended to incorporate the required personal 11 injury protection coverage effective January 1, 2008. 12 (e) The additional premium that is due, if any, and 13 the date that it is due, which may be no earlier than January 14 1, 2008. 15 (f) That, if the policyholder has any questions, the 16 name and phone number of who the policyholder should contact. 17 (6) This section does not apply the Florida Motor 18 Vehicle No-Fault law, as revived an amended by this act, prior 19 to January 1, 2008. However, for lawsuits for injuries arising 20 out of an auto accident that occurs between the effective date 21 of this act and December 31, 2007, inclusive, the limitation 22 on lawsuits and tort immunity provided in s. 627.737, Florida 23 Statutes, shall apply if, and only if, the plaintiff and the 24 defendant are insured for personal injury protection coverage 25 that meets the requirements of Florida Motor Vehicle No-Fault 26 Law in effect on September 30, 2007. 27 (7) The Legislature finds that in order to protect the 28 public health, safety, and welfare, it is necessary to revise 29 or endorse policies in effect on January 1, 2008, to add 30 personal injury protection coverage as required by this 31 section, and to provide a uniform date for motor vehicle 3 8:41 AM 10/05/07 s0040Cc2c-24-j07
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 40-C Barcode 211186 1 owners to obtain or continue such coverage and for insurance 2 policies to provide such coverage. In order to avoid revising 3 in-force policies, enforcement would depend on policyholders 4 electing to add such coverage, or providing a nonuniform date 5 for coverage to be mandatory as policies renew, which results 6 in unequal treatment under the law or delaying the effective 7 date for at least 1 year to provide a uniform date after all 8 policies have renewed, any of which options would result in a 9 much greater number of uninsured vehicles, an inability of 10 accident victims to obtain medical care, a greater level of 11 uncompensated medical care, higher costs to other public and 12 private health care systems, and greater numbers of persons 13 being subject to penalties for noncompliance. 14 (8) The Legislature recognizes that the Florida Motor 15 Vehicle No-Fault Law was repealed on October 1, 2007, and that 16 vehicle owners are not required to maintain personal injury 17 protection coverage on or after that date until January 1, 18 2008. Notwithstanding any other law, an insurer is not 19 required to report the issuance, cancellation, or nonrenewal 20 of personal injury protection coverage occurring between 21 October 1, 2007, and December 31, 2007, inclusive, to the 22 Department of Highway Safety and Motor Vehicles. Any law 23 requiring personal injury protection coverage or providing 24 sanctions for failure to maintain or demonstrate proof of such 25 coverage does not apply during this time period. However, this 26 subsection does not relieve a motor vehicle owner from 27 responsibility for maintaining property damage liability 28 coverage as required by law and does not relieve an insurer 29 from reporting the issuance, cancellation, or nonrenewal of 30 property damage liability coverage as required by law. 31 Section 22. If any provision of this act or its 4 8:41 AM 10/05/07 s0040Cc2c-24-j07
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 40-C Barcode 211186 1 application to any person or circumstance is held invalid, the 2 invalidity does not affect other provisions or applications of 3 the act which can be given effect without the invalid 4 provision or application, and to this end the provisions of 5 this act are severable. 6 Section 23. This act shall take effect upon becoming a 7 law, except that sections 8 through 20 of this act shall take 8 effect January 1, 2008. 9 10 11 ================ T I T L E A M E N D M E N T =============== 12 And the title is amended as follows: 13 On page 4, lines 11-29, delete those lines 14 15 and insert: 16 conditions; requiring persons subject to the 17 Florida Motor Vehicle No-Fault Law, as revived 18 and amended by the act, to maintain security 19 for personal injury protection beginning on a 20 specified date; providing that personal injury 21 protection policies in effect on or after a 22 specified date are deemed to incorporate the 23 Florida Motor Vehicle No-Fault Law, as revived 24 and amended by the act; requiring that insurers 25 continue to use certain forms and rates until 26 new forms or rates are used as authorized by 27 law; requiring that insurers provide notice of 28 the requirement for personal injury protection 29 coverage or add an endorsement to the policy 30 providing such coverage; requiring specified 31 notice to certain insureds as of a specified 5 8:41 AM 10/05/07 s0040Cc2c-24-j07
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 40-C Barcode 211186 1 date; providing intent concerning application 2 of revived and amended provisions prior to a 3 specified date; providing legislative findings; 4 providing that a person purchasing a motor 5 vehicle insurance policy without personal 6 injury protection coverage is exempt from the 7 requirement for such coverage for a specified 8 period; clarifying the nonapplication of 9 certain laws governing reports to the 10 Department of Highway Safety and Motor Vehicles 11 and requiring personal injury protection 12 coverage; specifying that the act does not 13 abrogate requirements for a vehicle owner to 14 maintain property damage liability coverage or 15 an insurer to report to the department the 16 issuance, cancellation, or nonrenewal of such 17 coverage; providing for severability; providing 18 effective dates. 19 20 21 22 23 24 25 26 27 28 29 30 31 6 8:41 AM 10/05/07 s0040Cc2c-24-j07