Florida Senate - 2014                                    SB 1618
       By Senator Brandes
       22-01498-14                                           20141618__
    1                        A bill to be entitled                      
    2         An act relating to chauffeured limousines; amending s.
    3         125.01, F.S.; preempting the licensing and regulation
    4         of chauffeured limousines, chauffeured limousine
    5         services, and drivers of chauffeured limousines to the
    6         state; creating s. 316.90, F.S.; providing a short
    7         title; creating s. 316.901, F.S.; providing
    8         definitions; creating s. 316.902, F.S.; providing
    9         legislative findings and intent; creating s. 316.903,
   10         F.S.; providing rules of operation for a chauffeured
   11         limousine service; creating s. 316.904, F.S.;
   12         providing chauffeured limousine vehicle standards;
   13         creating s. 316.905, F.S.; providing requirements for
   14         chauffeured limousine drivers; creating s. 316.906,
   15         F.S.; providing penalties; providing for appeal of
   16         penalties; creating s. 316.907, F.S.; authorizing the
   17         Department of Highway Safety and Motor Vehicles to
   18         adopt rules; amending ss. 324.031 and 324.032, F.S.;
   19         revising proof of insurance requirements for owners or
   20         operators of chauffeured limousines and chauffeured
   21         limousine services; amending ss. 324.023, 324.151, and
   22         627.733, F.S.; conforming cross-references; providing
   23         an effective date.
   25  Be It Enacted by the Legislature of the State of Florida:
   27         Section 1. Paragraph (n) of subsection (1) of section
   28  125.01, Florida Statutes, is amended to read:
   29         125.01 Powers and duties.—
   30         (1) The legislative and governing body of a county shall
   31  have the power to carry on county government. To the extent not
   32  inconsistent with general or special law, this power includes,
   33  but is not restricted to, the power to:
   34         (n) License and regulate taxis, jitneys, limousines for
   35  hire, rental cars, and other passenger vehicles for hire that
   36  operate in the unincorporated areas of the county; except that
   37  any constitutional charter county as defined in s. 125.011(1)
   38  shall on July 1, 1988, have been authorized to have issued a
   39  number of permits to operate taxis which is no less than the
   40  ratio of one permit for each 1,000 residents of said county, and
   41  any such new permits issued after June 4, 1988, shall be issued
   42  by lottery among individuals with such experience as a taxi
   43  driver as the county may determine. Notwithstanding any
   44  provision of this paragraph, the legislative and governing body
   45  of a county does not have the power to license or regulate
   46  chauffeured limousines, chauffeured limousine services, and
   47  drivers of chauffeured limousines, as defined in s. 316.901, and
   48  the licensure and regulation thereof is specifically preempted
   49  to the state.
   50         Section 2. Section 316.90, Florida Statutes, is created to
   51  read:
   52         316.90Chauffeured Limousines and Services Safety Act;
   53  short title.—Sections 316.90-316.907 may be cited as the
   54  “Chauffeured Limousines and Services Safety Act.”
   55         Section 3. Section 316.901, Florida Statutes, is created to
   56  read:
   57         316.901 Chauffeured limousines and services; definitions.
   58  As used in ss. 316.90-316.907, the term:
   59         (1) “Advance reservation” means a reservation made in
   60  advance by a person requesting the use of a chauffeured
   61  limousine for transportation of a passenger or passengers for a
   62  specified period of time, or from and to a specific location.
   63         (2) “Chauffeured limousine” means a chauffeured, nonmetered
   64  motor vehicle with four or more doors, designed to carry fewer
   65  than nine passengers excluding the chauffeur, and operated for
   66  hire pursuant to an advance reservation, the fare for which is
   67  calculated on the basis of time and distance, except for trips
   68  to airports or other point-to-point trips based on well-traveled
   69  routes or for event-related trips such as sporting events, which
   70  may be charged on a flat-fee basis. The term does not include a
   71  taxicab; a vehicle used for not-for-profit, tax-exempt
   72  operations; or a vehicle used for transportation of persons
   73  between home and work locations or of persons having a common
   74  work-related trip when ridesharing is incidental to another
   75  purpose of the driver.
   76         (3) “Chauffeured limousine service” means any business that
   77  provides chauffeured limousines by advance reservation.
   78         (4) “Department” means the Department of Highway Safety and
   79  Motor Vehicles.
   80         Section 4. Section 316.902, Florida Statutes, is created to
   81  read:
   82         316.902Chauffeured limousines and services; legislative
   83  findings and intent; preemption.—The Legislature finds that the
   84  emerging field of transportation technology is a statewide
   85  concern. The Legislature intends to provide a uniform statewide
   86  level of regulation of emerging transportation technology to
   87  provide stability and predictability to businesses seeking to
   88  implement such technology, to provide convenience and safety to
   89  the traveling public, and to enhance personal mobility.
   90  Accordingly, the regulation of chauffeured limousines,
   91  chauffeured limousine services, and drivers of chauffeured
   92  limousines is hereby preempted to the state. Further regulation
   93  thereof by a county, a municipality, or any other political
   94  subdivision of the state is void.
   95         Section 5. Section 316.903, Florida Statutes, is created to
   96  read:
   97         316.903 Chauffeured limousine services; rules of
   98  operation.—
   99         (1) Before engaging in business in this state as a
  100  chauffeured limousine service, and at all times thereafter while
  101  so actively engaged, a chauffeured limousine service shall:
  102         (a) Establish and maintain:
  103         1. A publicly listed telephone number identifying the
  104  business name and actual physical address for the purpose of
  105  receiving telephone calls related to the chauffeured limousine
  106  service.
  107         2. A website that provides:
  108         a. The telephone number and actual physical address of the
  109  business as required under subparagraph 1.
  110         b. Specific information regarding the method of fare
  111  calculation and the rates and fees charged by the chauffeured
  112  limousine service.
  113         c. A mechanism for passengers of the chauffeured limousine
  114  service to file complaints regarding the service through the
  115  website.
  116         3. A zero-tolerance intoxicating substance policy for
  117  drivers of chauffeured limousines.
  118         4. A central records repository located in this state for
  119  the maintenance of records required by the department. A
  120  chauffeured limousine service shall make such records available
  121  for inspection to the department for the purpose of establishing
  122  compliance with this act.
  123         (b) Employ only drivers that meet the requirements of s.
  124  316.905.
  125         1. In addition to obtaining sufficient proof that a driver
  126  meets the requirements of s. 316.905, prior to a driver’s
  127  employment the chauffeured limousine service must also obtain at
  128  least 1 year of the driver’s driving history and shall check the
  129  driver’s record quarterly thereafter to ensure that
  130  disqualifying violations specified in s. 316.905(1)(c)1. have
  131  not occurred.
  132         2. A chauffeured limousine service shall immediately
  133  suspend any driver:
  134         a. Who receives a disqualifying violation on his or her
  135  driving record until such time as the driver’s compliance is
  136  reestablished.
  137         b. Who is reported by a person who reasonably suspects the
  138  driver was under the influence of alcohol or drugs during the
  139  course of a passenger’s trip pending an investigation of the
  140  report.
  141         (c) Ensure that valid background-screening certificates of
  142  the driver and the insurer certificates of the chauffeured
  143  limousine are displayed inside the chauffeured limousine so the
  144  certificates are plainly visible to the passengers.
  145         (2) A chauffeured limousine service may not unlawfully
  146  discriminate against passengers or potential passengers based
  147  upon the geographic beginning point or end point of the ride.
  148         (3) A chauffeured limousine service shall provide to the
  149  driver a waybill for each ride which includes the driver’s name,
  150  motor vehicle license plate number, and the time and date of the
  151  advance reservation.
  152         (4) A chauffeured limousine service shall provide each
  153  customer a paper or electronic receipt that lists the
  154  origination and destination of the trip, the total distance and
  155  time of the trip, and a breakdown of the total fare paid,
  156  including fees and gratuity, if any.
  157         (5) If, in the interim between background screenings of a
  158  driver or between issuance and renewal of insurance as required
  159  under s. 316.905, an event occurs that renders the driver or the
  160  chauffeured limousine out of compliance with the standards in
  161  this act, the driver or the vehicle, or both, as appropriate,
  162  shall be disqualified from providing chauffeured limousine
  163  services. The chauffeured limousine service is prohibited from
  164  using the driver or the vehicle until such time as compliance is
  165  reestablished in accordance with this act.
  166         (6) A chauffeured limousine service shall annually provide
  167  a report to the department which includes the number of rides
  168  requested and accepted by drivers within each zip code where the
  169  service operates in the state; the number of driver violations
  170  and suspensions, including a list of complaints of driver
  171  alcohol or drug intoxication and the outcome of investigations
  172  into those complaints; and a listing of each accident or other
  173  incident that involved a chauffeured limousine service’s driver,
  174  including the date, time, and cause of the incident, and the
  175  amounts paid, if any, by the driver’s insurance and the
  176  service’s insurance.
  177         Section 6. Section 316.904, Florida Statutes, is created to
  178  read:
  179         316.904Chauffeured limousine vehicle standards.—A
  180  chauffeured limousine may not be older than 5 model years of age
  181  when initially placed into service by a chauffeured limousine
  182  service and must be taken out of service at 10 model years of
  183  age. If a chauffeured limousine is taken out of service for more
  184  than 30 calendar days after its initial placement into service,
  185  the chauffeured limousine is no longer a previously in-service
  186  vehicle.
  187         Section 7. Section 316.905, Florida Statutes, is created to
  188  read:
  189         316.905Chauffeured limousine drivers.—
  190         (1) A driver for a chauffeured limousine service must:
  191         (a) Possess a valid driver license issued in this state or
  192  any other state which has been active for at least 5 years.
  193         (b) Hold a motor vehicle liability policy in accordance
  194  with s. 324.031 or s. 324.032, if the driver owns or leases the
  195  chauffeured limousine, or be in possession of such proof
  196  provided by the owner or lessee of the chauffeured limousine.
  197         (c) Successfully complete a Level 1 background screening
  198  under s. 435.03 conducted by the Department of Law Enforcement.
  199         1. Such background screening shall include a statewide
  200  criminal correspondence check through the Department of Law
  201  Enforcement; a check of the Dru Sjodin National Sex Offender
  202  Public Website; a local criminal records check through local law
  203  enforcement agencies; and a check of the driver’s driving record
  204  to ensure the driver has no conviction or an arrest awaiting
  205  final disposition for driving under the influence of alcohol,
  206  chemical substances, or controlled substances in violation of
  207  chapter 316, in addition to any offense prohibited under s.
  208  435.04(2) or similar law of another jurisdiction.
  209         2. The driver must be rescreened annually following the
  210  date of his or her most recent background screening.
  211         3. Upon receipt of payment of the appropriate fee, the
  212  Department of Law Enforcement shall conduct the screenings
  213  required by this paragraph. The department shall issue a
  214  certificate or renewed certificate, as applicable, to any driver
  215  found to be in compliance with the screening standards specified
  216  in this paragraph. Each certificate is valid for 14 months and
  217  must contain a unique identification number associated with the
  218  driver.
  219         (2) At all times while operating a chauffeured limousine,
  220  the driver shall:
  221         (a)Have in his or her possession:
  222         1. A valid driver license that meets the requirements of
  223  paragraph (1)(a);
  224         2. Proof of insurance that meets the requirements of s.
  225  324.031 or s. 324.032;
  226         3. A valid background screening certificate issued under
  227  paragraph (1)(c);
  228         4. A valid certificate issued by the motor vehicle insurer
  229  attesting to the vehicle’s compliance with the safety equipment
  230  standards of chapter 316 and any other applicable requirements
  231  on the date of issuance or renewal of the motor vehicle
  232  liability policy; and
  233         5. A waybill for each ride which includes the driver’s
  234  name, vehicle license plate number, and the time and date of the
  235  advance reservation. The driver shall produce the waybill for
  236  any law enforcement officer upon request.
  237         (b) Ensure that the valid background-screening certificates
  238  and insurer certificates are displayed inside the chauffeured
  239  limousine so that they are plainly visible to the passengers.
  240         (c) Ensure that all chauffeured limousine passenger trips
  241  are arranged only through advance registration. The driver of a
  242  chauffeured limousine may not accept or solicit street hails.
  243         (4) The driver of a chauffeured limousine may not
  244  unlawfully discriminate against passengers or potential
  245  passengers based upon the geographic beginning point or end
  246  point of the ride.
  247         (5) The driver of a chauffeured limousine shall provide
  248  monthly to the chauffeured limousine service an affidavit
  249  attesting to continued compliance with this section. If, in the
  250  interim between background screenings or between issuance and
  251  renewal of insurance as required by this section, an event
  252  occurs that renders the driver noncompliant with the standards
  253  in this section, the driver shall report the event to the
  254  chauffeured limousine service, and the driver is prohibited from
  255  operating any chauffeured limousine until such time as the
  256  driver meets the requirements of this section.
  257         (6) A driver that meets the requirements of this section
  258  may not operate a chauffeured limousine for passenger trips of
  259  the chauffeured limousine service which does not meet the
  260  standards under s. 316.904 until such time as the limousine’s
  261  compliance is reestablished.
  262         Section 8. Section 316.906, Florida Statutes, is created to
  263  read:
  264         316.906Chauffeured limousines and services; review and
  265  inspection for compliance; penalties.—
  266         (1) The department may conduct reviews and inspections of
  267  chauffeured limousine services for the purpose of determining
  268  compliance with this act.
  269         (2) The department may impose the following penalties for
  270  violations of this act:
  271         (a) In addition to penalties provided in this chapter and
  272  chapters 318, 319, 320, 322, and 324, violations of this act are
  273  punishable as provided in s. 316.655.
  274         (b) Civil penalties are as follows:
  275         1. A civil penalty of $1,000 for violations identified in
  276  an initial compliance review or inspection.
  277         2. A civil penalty of $2,500 for violations found in a
  278  follow-up compliance review or inspection conducted within 6
  279  months after a previous compliance review or inspection where
  280  violations were identified.
  281         3. A civil penalty of $5,000 for violations found in a
  282  follow-up compliance review or inspection conducted within 12
  283  months after a previous compliance review or inspection where
  284  violations were identified.
  285         (c) All civil penalties imposed and collected under this
  286  subsection shall be paid to the Chief Financial Officer, who
  287  shall credit the total amount collected to the State
  288  Transportation Disadvantaged Trust Fund for use as provided in
  289  s. 427.0159.
  290         (d) A chauffeured limousine service aggrieved by the
  291  imposition of a civil penalty under this section may apply to
  292  the Commercial Motor Vehicle Review Board for a modification,
  293  cancellation, or revocation of the penalty. Such appeal
  294  proceedings must be conducted in accordance with chapter 120.
  295         Section 9. Section 316.907, Florida Statutes, is created to
  296  read:
  297         316.907Chauffeured limousines and services; rulemaking
  298  authority.—The department may adopt or revise rules to implement
  299  and administer ss. 316.90-316.907.
  300         Section 10. Section 324.031, Florida Statutes, is amended
  301  to read:
  302         324.031 Manner of proving financial responsibility.—
  303         (1) The owner or operator of a taxicab, limousine, jitney,
  304  or any other for-hire passenger transportation vehicle may prove
  305  financial responsibility by providing satisfactory evidence of
  306  holding a motor vehicle liability policy as defined in s.
  307  324.021(8) or s. 324.151, which policy is issued by an insurance
  308  carrier which is a member of the Florida Insurance Guaranty
  309  Association. Except as provided in subsection (2), the operator
  310  or owner of any other vehicle may prove his or her financial
  311  responsibility by:
  312         (a)(1) Furnishing satisfactory evidence of holding a motor
  313  vehicle liability policy as defined in ss. 324.021(8) and
  314  324.151;
  315         (b)(2) Furnishing a certificate of self-insurance showing a
  316  deposit of cash in accordance with s. 324.161; or
  317         (c)(3) Furnishing a certificate of self-insurance issued by
  318  the department in accordance with s. 324.171.
  320  Any person, including any firm, partnership, association,
  321  corporation, or other person, other than a natural person,
  322  electing to use the method of proof specified in paragraph
  323  (1)(b) subsection (2) shall furnish a certificate of deposit
  324  equal to the number of vehicles owned times $30,000, to a
  325  maximum of $120,000; in addition, any such person, other than a
  326  natural person, shall maintain insurance providing coverage in
  327  excess of limits of $10,000/20,000/10,000 or $30,000 combined
  328  single limits, and such excess insurance shall provide minimum
  329  limits of $125,000/250,000/50,000 or $300,000 combined single
  330  limits. These increased limits shall not affect the requirements
  331  for proving financial responsibility under s. 324.032(1).
  332         (2) The owner or operator of a chauffeured limousine, as
  333  defined in s. 316.901, may prove financial responsibility by
  334  furnishing satisfactory evidence of holding a motor vehicle
  335  liability policy, with minimum limits of
  336  $500,000/1,000,000/50,000.
  337         (3) A chauffeured limousine service, as defined in s.
  338  316.901, may prove financial responsibility by furnishing
  339  satisfactory evidence of holding a nonowned motor vehicle
  340  liability policy with minimum limits of $500,000 combined single
  341  limits.
  342         Section 11. Section 324.032, Florida Statutes, is amended
  343  to read:
  344         324.032 Manner of proving financial responsibility; for
  345  hire passenger transportation vehicles.—Notwithstanding the
  346  provisions of s. 324.031:
  347         (1)(a) A person who is either the owner or a lessee
  348  required to maintain insurance under s. 627.733(1)(b) and who
  349  operates one or more taxicabs, limousines, jitneys, or any other
  350  for-hire passenger transportation vehicles may prove financial
  351  responsibility by furnishing satisfactory evidence of holding a
  352  motor vehicle liability policy, but with minimum limits of
  353  $125,000/250,000/50,000.
  354         (b) A person who is either the owner or a lessee required
  355  to maintain insurance under s. 324.021(9)(b) and who operates
  356  limousines, jitneys, or any other for-hire passenger vehicles,
  357  other than taxicabs, may prove financial responsibility by
  358  furnishing satisfactory evidence of holding a motor vehicle
  359  liability policy as defined in s. 324.031.
  360         (c) A person who is the owner or a lessee required to
  361  maintain insurance under s. 324.021(9)(b) and who operates a
  362  chauffeured limousine, as defined in s. 316.901, may prove
  363  financial responsibility by furnishing satisfactory evidence of
  364  holding a motor vehicle liability policy, but with minimum in
  365  excess of limits of $500,000/1,000,000/50,000.
  366         (d) A chauffeured limousine service, as defined in s.
  367  316.901, may prove financial responsibility by furnishing
  368  satisfactory evidence of holding a non-owned motor vehicle
  369  liability policy with minimum limits of $500,000 combined single
  370  limits.
  371         (2) An owner or a lessee who is required to maintain
  372  insurance under s. 324.021(9)(b) and who operates at least 300
  373  taxicabs, limousines, jitneys, or any other for-hire passenger
  374  transportation vehicles may provide financial responsibility by
  375  complying with the provisions of s. 324.171, such compliance to
  376  be demonstrated by maintaining at its principal place of
  377  business an audited financial statement, prepared in accordance
  378  with generally accepted accounting principles, and providing to
  379  the department a certification issued by a certified public
  380  accountant that the applicant’s net worth is at least equal to
  381  the requirements of s. 324.171 as determined by the Office of
  382  Insurance Regulation of the Financial Services Commission,
  383  including claims liabilities in an amount certified as adequate
  384  by a Fellow of the Casualty Actuarial Society.
  386  Upon request by the department, the applicant must provide the
  387  department at the applicant’s principal place of business in
  388  this state access to the applicant’s underlying financial
  389  information and financial statements that provide the basis of
  390  the certified public accountant’s certification. The applicant
  391  shall reimburse the requesting department for all reasonable
  392  costs incurred by it in reviewing the supporting information.
  393  The maximum amount of self-insurance permissible under this
  394  subsection is $300,000 and must be stated on a per-occurrence
  395  basis, and the applicant shall maintain adequate excess
  396  insurance issued by an authorized or eligible insurer licensed
  397  or approved by the Office of Insurance Regulation. All risks
  398  self-insured shall remain with the owner or lessee providing it,
  399  and the risks are not transferable to any other person, unless a
  400  policy complying with subsection (1) is obtained.
  401         Section 12. Section 324.023, Florida Statutes, is amended
  402  to read:
  403         324.023 Financial responsibility for bodily injury or
  404  death.—In addition to any other financial responsibility
  405  required by law, every owner or operator of a motor vehicle that
  406  is required to be registered in this state, or that is located
  407  within this state, and who, regardless of adjudication of guilt,
  408  has been found guilty of or entered a plea of guilty or nolo
  409  contendere to a charge of driving under the influence under s.
  410  316.193 after October 1, 2007, shall, by one of the methods
  411  established in s. 324.031(1)(a) or (1)(b) s. 324.031(1) or (2),
  412  establish and maintain the ability to respond in damages for
  413  liability on account of accidents arising out of the use of a
  414  motor vehicle in the amount of $100,000 because of bodily injury
  415  to, or death of, one person in any one crash and, subject to
  416  such limits for one person, in the amount of $300,000 because of
  417  bodily injury to, or death of, two or more persons in any one
  418  crash and in the amount of $50,000 because of property damage in
  419  any one crash. If the owner or operator chooses to establish and
  420  maintain such ability by furnishing a certificate of deposit
  421  pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of
  422  deposit must be at least $350,000. Such higher limits must be
  423  carried for a minimum period of 3 years. If the owner or
  424  operator has not been convicted of driving under the influence
  425  or a felony traffic offense for a period of 3 years from the
  426  date of reinstatement of driving privileges for a violation of
  427  s. 316.193, the owner or operator shall be exempt from this
  428  section.
  429         Section 13. Subsection (1) of section 324.151, Florida
  430  Statutes, is amended to read:
  431         324.151 Motor vehicle liability policies; required
  432  provisions.—
  433         (1) A motor vehicle liability policy to be proof of
  434  financial responsibility under s. 324.031(1)(a) s. 324.031(1),
  435  shall be issued to owners or operators under the following
  436  provisions:
  437         (a) An owner’s liability insurance policy shall designate
  438  by explicit description or by appropriate reference all motor
  439  vehicles with respect to which coverage is thereby granted and
  440  shall insure the owner named therein and any other person as
  441  operator using such motor vehicle or motor vehicles with the
  442  express or implied permission of such owner against loss from
  443  the liability imposed by law for damage arising out of the
  444  ownership, maintenance, or use of such motor vehicle or motor
  445  vehicles within the United States or the Dominion of Canada,
  446  subject to limits, exclusive of interest and costs with respect
  447  to each such motor vehicle as is provided for under s.
  448  324.021(7). Insurers may make available, with respect to
  449  property damage liability coverage, a deductible amount not to
  450  exceed $500. In the event of a property damage loss covered by a
  451  policy containing a property damage deductible provision, the
  452  insurer shall pay to the third-party claimant the amount of any
  453  property damage liability settlement or judgment, subject to
  454  policy limits, as if no deductible existed.
  455         (b) An operator’s motor vehicle liability policy of
  456  insurance shall insure the person named therein against loss
  457  from the liability imposed upon him or her by law for damages
  458  arising out of the use by the person of any motor vehicle not
  459  owned by him or her, with the same territorial limits and
  460  subject to the same limits of liability as referred to above
  461  with respect to an owner’s policy of liability insurance.
  462         (c) All such motor vehicle liability policies shall state
  463  the name and address of the named insured, the coverage afforded
  464  by the policy, the premium charged therefor, the policy period,
  465  the limits of liability, and shall contain an agreement or be
  466  endorsed that insurance is provided in accordance with the
  467  coverage defined in this chapter as respects bodily injury and
  468  death or property damage or both and is subject to all
  469  provisions of this chapter. Said policies shall also contain a
  470  provision that the satisfaction by an insured of a judgment for
  471  such injury or damage shall not be a condition precedent to the
  472  right or duty of the insurance carrier to make payment on
  473  account of such injury or damage, and shall also contain a
  474  provision that bankruptcy or insolvency of the insured or of the
  475  insured’s estate shall not relieve the insurance carrier of any
  476  of its obligations under said policy.
  477         Section 14. Subsection (3) of section 627.733, Florida
  478  Statutes, is amended to read:
  479         627.733 Required security.—
  480         (3) Such security shall be provided:
  481         (a) By an insurance policy delivered or issued for delivery
  482  in this state by an authorized or eligible motor vehicle
  483  liability insurer which provides the benefits and exemptions
  484  contained in ss. 627.730-627.7405. Any policy of insurance
  485  represented or sold as providing the security required hereunder
  486  shall be deemed to provide insurance for the payment of the
  487  required benefits; or
  488         (b) By any other method authorized by s. 324.031(1)(b) or
  489  (1)(c) 324.031(2) or (3) and approved by the Department of
  490  Highway Safety and Motor Vehicles as affording security
  491  equivalent to that afforded by a policy of insurance or by self
  492  insuring as authorized by s. 768.28(16). The person filing such
  493  security shall have all of the obligations and rights of an
  494  insurer under ss. 627.730-627.7405.
  495         Section 15. This act shall take effect October 1, 2014.