Florida Senate - 2015                                    SB 1266
       
       
        
       By Senator Soto
       
       
       
       
       
       14-01625-15                                           20151266__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle liability insurance;
    3         amending s. 324.011, F.S.; revising legislative intent
    4         with respect to financial responsibility for the
    5         damages caused by the operation of a motor vehicle;
    6         amending ss. 324.021 and 324.022, F.S.; increasing
    7         financial responsibility limits with respect to bodily
    8         injury or death; conforming provisions to changes made
    9         by the act; amending s. 324.0221, F.S.; requiring
   10         insurers to submit information to the Department of
   11         Highway Safety and Motor Vehicles and to notify
   12         insureds about bodily injury insurance rather than
   13         personal injury protection coverage; amending s.
   14         324.031, F.S.; increasing the financial responsibility
   15         limits for motor vehicle liability; amending s.
   16         324.071, F.S.; conforming provisions to changes made
   17         by the act; amending s. 324.161, F.S.; increasing the
   18         amount required for a surety bond or deposit; amending
   19         s. 324.171, F.S.; revising the required threshold
   20         limit for self-insurers; repealing s. 627.730, F.S.;
   21         providing a citation to the Florida Motor Vehicle No
   22         Fault Law; repealing s. 627.731, F.S., relating to the
   23         purpose of the Florida Motor Vehicle No-Fault Law;
   24         repealing s. 627.7311, F.S., relating to the effect of
   25         law on personal injury protection policies; amending
   26         s. 627.732, F.S.; deleting definitions relating to the
   27         Florida Motor Vehicle No-Fault Law; amending s.
   28         627.733, F.S.; deleting security requirements with
   29         respect to no-fault coverage to substitute security
   30         requirements under ch. 324, F.S.; amending s. 627.734,
   31         F.S.; conforming cross-references; renumbering and
   32         amending s. 627.7401, F.S.; applying notice
   33         requirements to bodily injury and property damage
   34         liability security instead of personal injury
   35         protection; creating s. 627.7355, F.S.; requiring all
   36         claims relating to personal injury to be brought in a
   37         single action; repealing s. 627.736, F.S., relating to
   38         personal injury protection benefits; repealing s.
   39         627.737, F.S., relating to exemption from tort
   40         liability for persons maintaining personal injury
   41         protection coverage; repealing s. 627.739, F.S.,
   42         relating to personal injury protection deductibles;
   43         repealing s. 627.7403, F.S., relating to the mandatory
   44         joinder of derivative claims; repealing s. 627.7405,
   45         F.S., relating to the insurers’ right of
   46         reimbursement; repealing s. 627.7407, F.S., relating
   47         to the application of the Florida Motor Vehicle No
   48         Fault Law; repealing ss. 15 and 16 of chapter 2012
   49         197, Laws of Florida, requiring the Office of
   50         Insurance Regulation to contract for a study and
   51         perform a data call relating to changes made to the
   52         Florida Motor Vehicle No-Fault Law in 2012; amending
   53         ss. 318.18, 320.02, 320.0609, 320.27, 320.771,
   54         322.251, 400.9905, 400.991, 400.9935, 409.901,
   55         409.910, 456.057, 456.072, 626.9541, 626.989,
   56         626.9895, 627.06501, 627.0652, 627.0653, 627.4132,
   57         627.6482, 627.7263, 627.727, 627.7275, 627.728,
   58         627.7295, 627.8405, 627.915, 628.909, 705.184, 713.78,
   59         and 817.234, F.S.; conforming provisions to changes
   60         made by the act by removing references to personal
   61         injury protection and the Florida Motor Vehicle No
   62         Fault Law; making technical changes; conforming cross
   63         references; providing for the termination of personal
   64         injury protection policies and the requirement for
   65         maintaining minimum security requirements that allow a
   66         person to respond to property damage and bodily injury
   67         by a certain date; requiring the insurer to notify the
   68         insured about such changes by a certain date;
   69         providing for applicability of suspensions for failure
   70         to maintain security; providing effective dates.
   71          
   72  Be It Enacted by the Legislature of the State of Florida:
   73  
   74         Section 1. Section 324.011, Florida Statutes, is amended to
   75  read:
   76         324.011 Legislative intent and purpose of chapter.—It is
   77  the intent of this chapter that the privilege of owning and
   78  operating a motor vehicle be exercised to recognize the existing
   79  privilege to own or operate a motor vehicle on the public
   80  streets and highways of this state when such vehicles are used
   81  with due consideration for others and their property in order,
   82  and to promote safety and provide financial security
   83  requirements for such owners or operators whose responsibility
   84  it is to recompense others for injury to person or property
   85  caused by the operation of a motor vehicle. Therefore, this
   86  chapter requires it is required herein that the owner or
   87  operator of a motor vehicle establish, maintain, involved in a
   88  crash or convicted of certain traffic offenses meeting the
   89  operative provisions of s. 324.051(2) shall respond for such
   90  damages and show proof of financial ability to respond for
   91  damages arising out of the use of a motor vehicle in future
   92  accidents as a requisite to his or her future exercise of such
   93  privileges.
   94         Section 2. Subsections (1) and (7) of section 324.021,
   95  Florida Statutes, are amended to read:
   96         324.021 Definitions; minimum insurance required.—The
   97  following words and phrases when used in this chapter shall, for
   98  the purpose of this chapter, have the meanings respectively
   99  ascribed to them in this section, except in those instances
  100  where the context clearly indicates a different meaning:
  101         (1) MOTOR VEHICLE.—A Every self-propelled vehicle that
  102  which is designed and required to be licensed for use upon a
  103  highway, including trailers and semitrailers designed for use
  104  with such vehicles, except for traction engines, road rollers,
  105  farm tractors, power shovels, and well drillers, and a every
  106  vehicle that which is propelled by electric power obtained from
  107  overhead wires but not operated upon rails, but not including a
  108  any bicycle or moped. However, the term “motor vehicle” shall
  109  not include any motor vehicle as defined in s. 627.732(3) when
  110  the owner of such vehicle has complied with the requirements of
  111  ss. 627.730-627.7405, inclusive, unless the provisions of s.
  112  324.051 apply; and, in such case, the applicable proof of
  113  insurance provisions of s. 320.02 apply.
  114         (7) PROOF OF FINANCIAL RESPONSIBILITY.—That Proof of
  115  ability to respond in damages for liability on account of
  116  crashes arising out of the use of a motor vehicle:
  117         (a) In the amount of $25,000 for $10,000 because of bodily
  118  injury to, or the death of, one person in any one crash.;
  119         (b) Subject to the such limits for one person under
  120  paragraph (a), in the amount of $50,000 for $20,000 because of
  121  bodily injury to, or the death of, two or more persons in any
  122  one crash.;
  123         (c) In the amount of $10,000 for damage because of injury
  124  to, or destruction of, the property of others in any one crash.;
  125  and
  126         (d) With respect to commercial motor vehicles and nonpublic
  127  sector buses, in the amounts specified in ss. 627.7415 and
  128  627.742, respectively.
  129         Section 3. Section 324.022, Florida Statutes, is amended to
  130  read:
  131         324.022 Financial responsibility requirements for property
  132  damage.—
  133         (1)(a)The Every owner or operator of a motor vehicle
  134  required to be registered in this state shall establish and
  135  maintain the ability to respond in damages for liability on
  136  account of accidents arising out of the use of the motor vehicle
  137  in the amount of:
  138         1. Ten thousand dollars for $10,000 because of damage to,
  139  or destruction of, property of others in any one crash.
  140         2. Twenty-five thousand dollars for bodily injury to, or
  141  the death of, one person in any one crash and, subject to such
  142  limits for one person, in the amount of $50,000 for bodily
  143  injury to, or the death of, two or more persons in any one
  144  crash.
  145         (b) The requirements of this section may be met by one of
  146  the methods established in s. 324.031; by self-insuring as
  147  authorized by s. 768.28(16); or by maintaining an insurance
  148  policy providing coverage in at least the amounts for bodily
  149  injury liability coverage and property damage coverage specified
  150  in paragraph (a) for property damage liability in the amount of
  151  at least $10,000 because of damage to, or destruction of,
  152  property of others in any one accident arising out of the use of
  153  the motor vehicle. The requirements of this section may also be
  154  met by having a policy that which provides coverage in the
  155  amount of at least $60,000 $30,000 for combined property damage
  156  liability and bodily injury liability for any one crash arising
  157  out of the use of the motor vehicle.
  158         (c) The policy, with respect to coverage for property
  159  damage liability and bodily injury liability, must meet the
  160  applicable requirements of s. 324.151, subject to the usual
  161  policy exclusions that have been approved in policy forms by the
  162  Office of Insurance Regulation.
  163         (d) An No insurer does not shall have a any duty to defend
  164  uncovered claims regardless irrespective of the insurer’s their
  165  joinder with covered claims.
  166         (2) As used in this section, the term:
  167         (a) “Motor vehicle” means a any self-propelled vehicle that
  168  has four or more wheels and that is of a type designed and
  169  required to be licensed for use on the highways of this state,
  170  and any trailer or semitrailer designed for use with such
  171  vehicle. The term does not include:
  172         1. A mobile home.
  173         2. A motor vehicle that is used in mass transit and
  174  designed to transport more than five passengers, exclusive of
  175  the operator of the motor vehicle, and that is owned by a
  176  municipality, transit authority, or political subdivision of the
  177  state.
  178         3. A school bus as defined in s. 1006.25.
  179         4. A vehicle providing for-hire transportation that is
  180  subject to the provisions of s. 324.031. The owner of a taxicab
  181  shall maintain security as required under s. 324.032(1).
  182         (b) “Owner” means the person who holds legal title to a
  183  motor vehicle or the debtor or lessee who has the right to
  184  possession of a motor vehicle that is the subject of a security
  185  agreement or lease with an option to purchase.
  186         (3) Each nonresident owner or registrant of a motor vehicle
  187  that, whether operated or not, has been physically present
  188  within this state for more than 90 days during the preceding 365
  189  days shall maintain security as required by subsection (1),
  190  which that is in effect continuously throughout the period the
  191  motor vehicle remains within this state.
  192         (4) An The owner or registrant of a motor vehicle who is
  193  exempt from the requirements of this section if she or he is a
  194  member of the United States Armed Forces and is called to or on
  195  active duty outside the United States in an emergency situation
  196  is exempt from this section. The exemption provided by this
  197  subsection applies only as long as the member of the armed
  198  forces is on such active duty outside the United States and
  199  applies only while the vehicle covered by the security is not
  200  operated by any person. Upon receipt of a written request by the
  201  insured to whom the exemption provided in this subsection
  202  applies, the insurer shall cancel the coverages and return any
  203  unearned premium or suspend the security required by this
  204  section. Notwithstanding s. 324.0221(2) 324.0221(3), the
  205  department may not suspend the registration or operator’s
  206  license of an any owner or registrant of a motor vehicle during
  207  the time she or he qualifies for the an exemption under this
  208  subsection. An Any owner or registrant of a motor vehicle who
  209  qualifies for the an exemption under this subsection shall
  210  immediately notify the department before prior to and at the end
  211  of the expiration of the exemption.
  212         Section 4. Subsections (1) and (2) of section 324.0221,
  213  Florida Statutes, are amended to read:
  214         324.0221 Reports by insurers to the department; suspension
  215  of driver license and vehicle registrations; reinstatement.—
  216         (1)(a) Each insurer that has issued a policy providing
  217  bodily injury liability personal injury protection coverage or
  218  property damage liability coverage shall report the cancellation
  219  or nonrenewal thereof to the department within 10 days after the
  220  processing date or effective date of each cancellation or
  221  nonrenewal. Upon the issuance of a policy providing bodily
  222  injury liability personal injury protection coverage or property
  223  damage liability coverage to a named insured not previously
  224  insured by the insurer during that calendar year, the insurer
  225  shall report the issuance of the new policy to the department
  226  within 10 days. The report must shall be in the form and format
  227  and contain any information required by the department and must
  228  be provided in a format that is compatible with the data
  229  processing capabilities of the department. Failure by an insurer
  230  to file proper reports with the department as required by this
  231  subsection constitutes a violation of the Florida Insurance
  232  Code. These records shall be used by the department only for
  233  enforcement and regulatory purposes, including the generation by
  234  the department of data regarding compliance by owners of motor
  235  vehicles with the requirements for financial responsibility
  236  coverage.
  237         (b) With respect to an insurance policy providing bodily
  238  injury liability personal injury protection coverage or property
  239  damage liability coverage, each insurer shall notify the named
  240  insured, or the first-named insured in the case of a commercial
  241  fleet policy, in writing that any cancellation or nonrenewal of
  242  the policy will be reported by the insurer to the department.
  243  The notice must also inform the named insured that failure to
  244  maintain bodily injury liability personal injury protection
  245  coverage and property damage liability coverage on a motor
  246  vehicle when required by law may result in the loss of
  247  registration and driving privileges in this state and inform the
  248  named insured of the amount of the reinstatement fees required
  249  by this section. This notice is for informational purposes only,
  250  and an insurer is not civilly liable for failing to provide this
  251  notice.
  252         (2) The department shall suspend, after due notice and an
  253  opportunity to be heard, the registration and driver license of
  254  any owner or registrant of a motor vehicle with respect to which
  255  security is required under ss. 324.022 and 627.733 upon:
  256         (a) The department’s records showing that the owner or
  257  registrant of such motor vehicle did not have the in full force
  258  and effect when required security in full force and effect that
  259  complies with the requirements of ss. 324.022 and 627.733; or
  260         (b) Notification by the insurer to the department, in a
  261  form approved by the department, of cancellation or termination
  262  of the required security.
  263         Section 5. Section 324.031, Florida Statutes, is amended to
  264  read:
  265         324.031 Manner of proving financial responsibility.—The
  266  owner or operator of a taxicab, limousine, jitney, or any other
  267  for-hire passenger transportation vehicle may prove financial
  268  responsibility by providing satisfactory evidence of holding a
  269  motor vehicle liability policy as defined in s. 324.021(8) or s.
  270  324.151, which policy is issued by an insurance carrier that
  271  which is a member of the Florida Insurance Guaranty Association.
  272  The operator or owner of any other vehicle may prove his or her
  273  financial responsibility by:
  274         (1) Furnishing satisfactory evidence of holding such a
  275  motor vehicle liability policy as defined in ss. 324.021(8) and
  276  324.151;
  277         (2) Furnishing a certificate of self-insurance showing a
  278  deposit of cash in accordance with s. 324.161; or
  279         (3) Furnishing a certificate of self-insurance issued by
  280  the department in accordance with s. 324.171.
  281  
  282  Any person, including a any firm, partnership, association,
  283  corporation, or other person, other than a natural person,
  284  electing to use the method of proof specified in subsection (2)
  285  shall furnish a certificate of deposit equal to the number of
  286  vehicles owned times $60,000 $30,000, to a maximum of $240,000
  287  $120,000; in addition, any such person, other than a natural
  288  person, shall maintain insurance providing coverage in excess of
  289  limits of $25,000/50,000/10,000 $10,000/20,000/10,000 or $60,000
  290  $30,000 combined single limits, and such excess insurance shall
  291  provide minimum limits of $125,000/250,000/50,000 or $300,000
  292  combined single limits. These increased limits do shall not
  293  affect the requirements for proving financial responsibility
  294  under s. 324.032(1).
  295         Section 6. Section 324.071, Florida Statutes, is amended to
  296  read:
  297         324.071 Reinstatement; renewal of license; reinstatement
  298  fee.—An Any operator or owner whose license or registration has
  299  been suspended pursuant to s. 324.051(2), s. 324.072, s.
  300  324.081, or s. 324.121 may effect its reinstatement upon
  301  compliance with the provisions of s. 324.051(2)(a)3. or 4., or
  302  s. 324.081(2) and (3), as the case may be, and with one of the
  303  provisions of s. 324.031 and upon payment to the department of a
  304  nonrefundable reinstatement fee as specified in s. 324.0221 of
  305  $15. Only one such fee shall be paid by any one person
  306  regardless irrespective of the number of licenses and
  307  registrations to be then reinstated or issued to such person.
  308  All Such fees shall be deposited to a department trust fund. If
  309  When the reinstatement of any license or registration is
  310  effected by compliance with s. 324.051(2)(a)3. or 4., the
  311  department may shall not renew the license or registration
  312  within a period of 3 years after from such reinstatement, nor
  313  may shall any other license or registration be issued in the
  314  name of such person, unless the operator continues is continuing
  315  to comply with one of the provisions of s. 324.031.
  316         Section 7. Section 324.161, Florida Statutes, is amended to
  317  read:
  318         324.161 Proof of financial responsibility; deposit.—Proof
  319  of a certificate of deposit of $60,000 issued and held by a
  320  financial institution shall be submitted annually to the
  321  department Annually, before a any certificate of insurance may
  322  be issued to a person, including a any firm, partnership,
  323  association, corporation, or other person, other than a natural
  324  person, proof of a certificate of deposit of $30,000 issued and
  325  held by a financial institution must be submitted to the
  326  department. A power of attorney will be issued to and held by
  327  the department and may be executed upon a judgment issued
  328  against such person making the deposit, for damages for because
  329  of bodily injury to or death of any person or for damages or
  330  because of injury to or destruction of property resulting from
  331  the use or operation of a any motor vehicle occurring after such
  332  deposit was made. Money so deposited is shall not be subject to
  333  attachment or execution unless such attachment or execution
  334  shall arise out of a suit for such damages as aforesaid.
  335         Section 8. Subsections (1) and (2) of section 324.171,
  336  Florida Statutes, are amended to read:
  337         324.171 Self-insurer.—
  338         (1) A Any person may qualify as a self-insurer by obtaining
  339  a certificate of self-insurance from the department. which may,
  340  in its discretion and Upon application of such a person, the
  341  department may issue a said certificate if the applicant of
  342  self-insurance when such person has satisfied the requirements
  343  of this section to qualify as a self-insurer under this section:
  344         (a) A private individual with private passenger vehicles
  345  must shall possess a net unencumbered worth of at least $60,000
  346  $40,000.
  347         (b) A person, including any firm, partnership, association,
  348  corporation, or other person, other than a natural person, must
  349  shall:
  350         1. Possess a net unencumbered worth of at least $60,000
  351  $40,000 for the first motor vehicle and $30,000 $20,000 for each
  352  additional motor vehicle; or
  353         2. Maintain sufficient net worth, as determined annually by
  354  the department, pursuant to rules adopted promulgated by the
  355  department, with the assistance of the Office of Insurance
  356  Regulation of the Financial Services Commission, to be
  357  financially responsible for potential losses. The rules must
  358  consider any shall take into consideration excess insurance
  359  carried by the applicant. The department’s determination shall
  360  be based upon reasonable actuarial principles considering the
  361  frequency, severity, and loss development of claims incurred by
  362  casualty insurers writing coverage on the type of motor vehicles
  363  for which a certificate of self-insurance is desired.
  364         (c) The owner of a commercial motor vehicle, as defined in
  365  s. 207.002 or s. 320.01, may qualify as a self-insurer subject
  366  to the standards provided for in subparagraph (b)2.
  367         (2) The self-insurance certificate must shall provide
  368  limits of liability insurance in the amounts specified under s.
  369  324.021(7) or s. 627.7415 and shall provide personal injury
  370  protection coverage under s. 627.733(3)(b).
  371         Section 9. Section 627.730, Florida Statutes, is repealed.
  372         Section 10. Section 627.731, Florida Statutes, is repealed.
  373         Section 11. Section 627.7311, Florida Statutes, is
  374  repealed.
  375         Section 12. Section 627.732, Florida Statutes, is amended
  376  to read:
  377         627.732 Definitions.—As used in ss. 627.733-627.7355
  378  627.730-627.7405, the term:
  379         (1) “Broker” means any person not possessing a license
  380  under chapter 395, chapter 400, chapter 429, chapter 458,
  381  chapter 459, chapter 460, chapter 461, or chapter 641 who
  382  charges or receives compensation for any use of medical
  383  equipment and is not the 100-percent owner or the 100-percent
  384  lessee of such equipment. For purposes of this section, such
  385  owner or lessee may be an individual, a corporation, a
  386  partnership, or any other entity and any of its 100-percent
  387  owned affiliates and subsidiaries. For purposes of this
  388  subsection, the term “lessee” means a long-term lessee under a
  389  capital or operating lease, but does not include a part-time
  390  lessee. The term “broker” does not include a hospital or
  391  physician management company whose medical equipment is
  392  ancillary to the practices managed, a debt collection agency, or
  393  an entity that has contracted with the insurer to obtain a
  394  discounted rate for such services; nor does the term include a
  395  management company that has contracted to provide general
  396  management services for a licensed physician or health care
  397  facility and whose compensation is not materially affected by
  398  the usage or frequency of usage of medical equipment or an
  399  entity that is 100-percent owned by one or more hospitals or
  400  physicians. The term “broker” does not include a person or
  401  entity that certifies, upon request of an insurer, that:
  402         (a) It is a clinic licensed under ss. 400.990-400.995;
  403         (b) It is a 100-percent owner of medical equipment; and
  404         (c) The owner’s only part-time lease of medical equipment
  405  for personal injury protection patients is on a temporary basis
  406  not to exceed 30 days in a 12-month period, and such lease is
  407  solely for the purposes of necessary repair or maintenance of
  408  the 100-percent-owned medical equipment or pending the arrival
  409  and installation of the newly purchased or a replacement for the
  410  100-percent-owned medical equipment, or for patients for whom,
  411  because of physical size or claustrophobia, it is determined by
  412  the medical director or clinical director to be medically
  413  necessary that the test be performed in medical equipment that
  414  is open-style. The leased medical equipment cannot be used by
  415  patients who are not patients of the registered clinic for
  416  medical treatment of services. Any person or entity making a
  417  false certification under this subsection commits insurance
  418  fraud as defined in s. 817.234. However, the 30-day period
  419  provided in this paragraph may be extended for an additional 60
  420  days as applicable to magnetic resonance imaging equipment if
  421  the owner certifies that the extension otherwise complies with
  422  this paragraph.
  423         (2) “Medically necessary” refers to a medical service or
  424  supply that a prudent physician would provide for the purpose of
  425  preventing, diagnosing, or treating an illness, injury, disease,
  426  or symptom in a manner that is:
  427         (a) In accordance with generally accepted standards of
  428  medical practice;
  429         (b) Clinically appropriate in terms of type, frequency,
  430  extent, site, and duration; and
  431         (c) Not primarily for the convenience of the patient,
  432  physician, or other health care provider.
  433         (2)(3) “Motor vehicle” means any self-propelled vehicle
  434  that with four or more wheels which is of a type both designed
  435  and required to be licensed for use on the highways of this
  436  state and any trailer or semitrailer designed for use with such
  437  vehicle and includes:
  438         (a) A “private passenger motor vehicle,” which is any motor
  439  vehicle which is a sedan, station wagon, or jeep-type vehicle
  440  and, if not used primarily for occupational, professional, or
  441  business purposes, a motor vehicle of the pickup, panel, van,
  442  camper, or motor home type.
  443         (b) A “commercial motor vehicle,” which is any motor
  444  vehicle which is not a private passenger motor vehicle.
  445  
  446  The term “motor vehicle” does not include a mobile home or any
  447  motor vehicle which is used in mass transit, other than public
  448  school transportation, and designed to transport more than five
  449  passengers exclusive of the operator of the motor vehicle and
  450  which is owned by a municipality, a transit authority, or a
  451  political subdivision of the state.
  452         (4) “Named insured” means a person, usually the owner of a
  453  vehicle, identified in a policy by name as the insured under the
  454  policy.
  455         (3)(5) “Owner” means a person who holds the legal title to
  456  a motor vehicle; or, in the event a motor vehicle is the subject
  457  of a security agreement or lease with an option to purchase with
  458  the debtor or lessee having the right to possession, then the
  459  debtor or lessee shall be deemed the owner for the purposes of
  460  ss. 627.730-627.7405.
  461         (6) “Relative residing in the same household” means a
  462  relative of any degree by blood or by marriage who usually makes
  463  her or his home in the same family unit, whether or not
  464  temporarily living elsewhere.
  465         (7) “Certify” means to swear or attest to being true or
  466  represented in writing.
  467         (8) “Immediate personal supervision,” as it relates to the
  468  performance of medical services by nonphysicians not in a
  469  hospital, means that an individual licensed to perform the
  470  medical service or provide the medical supplies must be present
  471  within the confines of the physical structure where the medical
  472  services are performed or where the medical supplies are
  473  provided such that the licensed individual can respond
  474  immediately to any emergencies if needed.
  475         (9) “Incident,” with respect to services considered as
  476  incident to a physician’s professional service, for a physician
  477  licensed under chapter 458, chapter 459, chapter 460, or chapter
  478  461, if not furnished in a hospital, means such services must be
  479  an integral, even if incidental, part of a covered physician’s
  480  service.
  481         (1)(10) “Knowingly” means that a person, with respect to
  482  information, has actual knowledge of the information; acts in
  483  deliberate ignorance of the truth or falsity of the information;
  484  or acts in reckless disregard of the information, and proof of
  485  specific intent to defraud is not required.
  486         (11) “Lawful” or “lawfully” means in substantial compliance
  487  with all relevant applicable criminal, civil, and administrative
  488  requirements of state and federal law related to the provision
  489  of medical services or treatment.
  490         (12) “Hospital” means a facility that, at the time services
  491  or treatment were rendered, was licensed under chapter 395.
  492         (13) “Properly completed” means providing truthful,
  493  substantially complete, and substantially accurate responses as
  494  to all material elements to each applicable request for
  495  information or statement by a means that may lawfully be
  496  provided and that complies with this section, or as agreed by
  497  the parties.
  498         (14) “Upcoding” means an action that submits a billing code
  499  that would result in payment greater in amount than would be
  500  paid using a billing code that accurately describes the services
  501  performed. The term does not include an otherwise lawful bill by
  502  a magnetic resonance imaging facility, which globally combines
  503  both technical and professional components, if the amount of the
  504  global bill is not more than the components if billed
  505  separately; however, payment of such a bill constitutes payment
  506  in full for all components of such service.
  507         (15) “Unbundling” means an action that submits a billing
  508  code that is properly billed under one billing code, but that
  509  has been separated into two or more billing codes, and would
  510  result in payment greater in amount than would be paid using one
  511  billing code.
  512         (16) “Emergency medical condition” means a medical
  513  condition manifesting itself by acute symptoms of sufficient
  514  severity, which may include severe pain, such that the absence
  515  of immediate medical attention could reasonably be expected to
  516  result in any of the following:
  517         (a) Serious jeopardy to patient health.
  518         (b) Serious impairment to bodily functions.
  519         (c) Serious dysfunction of any bodily organ or part.
  520         (17) “Entity wholly owned” means a proprietorship, group
  521  practice, partnership, or corporation that provides health care
  522  services rendered by licensed health care practitioners and in
  523  which licensed health care practitioners are the business owners
  524  of all aspects of the business entity, including, but not
  525  limited to, being reflected as the business owners on the title
  526  or lease of the physical facility, filing taxes as the business
  527  owners, being account holders on the entity’s bank account,
  528  being listed as the principals on all incorporation documents
  529  required by this state, and having ultimate authority over all
  530  personnel and compensation decisions relating to the entity.
  531  However, this definition does not apply to an entity that is
  532  wholly owned, directly or indirectly, by a hospital licensed
  533  under chapter 395.
  534         Section 13. Section 627.733, Florida Statutes, is amended
  535  to read:
  536         627.733 Required security.—
  537         (1)(a) The Every owner or registrant of a motor vehicle,
  538  other than a motor vehicle used as a school bus as defined in s.
  539  1006.25 or limousine, required to be registered and licensed in
  540  this state shall maintain security as required by this section
  541  subsection (3) in effect continuously throughout the
  542  registration or licensing period.
  543         (b) Notwithstanding paragraph (a), an Every owner or
  544  registrant of a motor vehicle used as a taxicab shall not be
  545  governed by paragraph (1)(a) but shall maintain security as
  546  required under s. 324.032(1), and s. 627.737 shall not apply to
  547  any motor vehicle used as a taxicab.
  548         (2) A Every nonresident owner or registrant of a motor
  549  vehicle that which, whether operated or not, has been physically
  550  present within this state for more than 90 days during the
  551  preceding 365 days shall thereafter maintain security as
  552  required by this section defined by subsection (3) in effect
  553  continuously throughout the period the such motor vehicle
  554  remains within this state.
  555         (3) Such security must shall be provided:
  556         (a) By an insurance policy delivered or issued for delivery
  557  in this state by an authorized or eligible motor vehicle
  558  liability insurer that which provides the security required
  559  under s. 324.022 the benefits and exemptions contained in ss.
  560  627.730-627.7405. A Any policy of insurance that provides, or is
  561  represented or sold as providing, the security required in this
  562  section is hereunder shall be deemed to provide insurance for
  563  the payment of the required benefits; or
  564         (b) By any other method authorized by s. 324.031(2) or (3)
  565  and approved by the Department of Highway Safety and Motor
  566  Vehicles as providing affording security equivalent to that
  567  afforded by a policy of insurance or by self-insuring as
  568  authorized by s. 768.28(16). The person filing such security
  569  shall have all of the obligations and rights of an insurer under
  570  ss. 627.730-627.7405.
  571         (4) An owner of a motor vehicle with respect to which
  572  security is required by this section who fails to have such
  573  security in effect at the time of an accident shall have no
  574  immunity from tort liability, but shall be personally liable for
  575  the payment of benefits under s. 627.736. With respect to such
  576  benefits, such an owner shall have all of the rights and
  577  obligations of an insurer under ss. 627.730-627.7405.
  578         (4)(5)In addition to other persons who are not required to
  579  provide required security as required under this section and s.
  580  324.022, The owner or registrant of a motor vehicle who is
  581  exempt from such requirements if she or he is a member of the
  582  United States Armed Forces and is called to or on active duty
  583  outside the United States in an emergency situation is exempt
  584  from this section. The exemption provided by this subsection
  585  applies only as long as the member of the armed forces is on
  586  such active duty outside the United States and applies only
  587  while the vehicle covered by the security required by this
  588  section and s. 324.022 is not operated by any person. Upon
  589  receipt of a written request by the insured to whom the
  590  exemption provided in this subsection applies, the insurer shall
  591  cancel the coverages and return any unearned premium or suspend
  592  the security required by this section and s. 324.022.
  593  Notwithstanding s. 324.0221(2), the Department of Highway Safety
  594  and Motor Vehicles may not suspend the registration or
  595  operator’s license of an any owner or registrant of a motor
  596  vehicle during the time she or he qualifies for the an exemption
  597  under this subsection. An Any owner or registrant of a motor
  598  vehicle who qualifies for the an exemption under this subsection
  599  shall immediately notify the department before prior to and at
  600  the end of the expiration of the exemption.
  601         Section 14. Section 627.734, Florida Statutes, is amended
  602  to read:
  603         627.734 Proof of security; security requirements;
  604  penalties.—
  605         (1) The provisions of chapter 324 that which pertain to the
  606  method of giving and maintaining proof of financial
  607  responsibility and which govern and define a motor vehicle
  608  liability policy shall apply to filing and maintaining proof of
  609  security required under s. 627.733 by ss. 627.730-627.7405.
  610         (2) A Any person who:
  611         (a) Gives information required in a report or otherwise as
  612  provided for in ss. 627.730-627.7405, knowing or having reason
  613  to believe that such information is false;
  614         (b) Forges or, without authority, signs any evidence of
  615  proof of security; or
  616         (c) Files, or offers for filing, any such evidence of
  617  proof, knowing or having reason to believe that it is forged or
  618  signed without authority,
  619  
  620  commits is guilty of a misdemeanor of the first degree,
  621  punishable as provided in s. 775.082 or s. 775.083.
  622         Section 15. Section 627.7401, Florida Statutes, is
  623  renumbered as section 627.7341, Florida Statutes, and amended to
  624  read:
  625         627.7341 627.7401 Notification of security requirements
  626  insured’s rights.—
  627         (1) The commission, by rule, shall adopt a form for
  628  notifying the notification of insureds of the security required
  629  under s. 627.733 and the proof of security requirement under s.
  630  627.734 their right to receive personal injury protection
  631  benefits under the Florida Motor Vehicle No-Fault Law. The Such
  632  notice must shall include:
  633         (a) A description of the benefits provided by bodily injury
  634  liability coverage and property damage liability coverage
  635  personal injury protection, including, but not limited to, the
  636  specific types of services for which medical benefits are paid,
  637  disability benefits, death benefits, significant exclusions from
  638  and limitations on personal injury protection benefits, when
  639  payments are due, how benefits are coordinated with other
  640  insurance benefits that the insured may have, penalties and
  641  interest that may be imposed on insurers for failure to make
  642  timely payments of benefits, and rights of parties regarding
  643  disputes as to benefits.
  644         (b) An advisory informing insureds that,:
  645         1. pursuant to s. 626.9892, the Department of Financial
  646  Services may pay rewards of up to $25,000 to persons providing
  647  information leading to the arrest and conviction of persons
  648  committing crimes investigated by the Division of Insurance
  649  Fraud arising from violations of s. 440.105, s. 624.15, s.
  650  626.9541, s. 626.989, or s. 817.234.
  651         2. Pursuant to s. 627.736(5)(e)1., if the insured notifies
  652  the insurer of a billing error, the insured may be entitled to a
  653  certain percentage of a reduction in the amount paid by the
  654  insured’s motor vehicle insurer.
  655         (c) A notice that solicitation of a person injured in a
  656  motor vehicle crash for purposes of filing personal injury
  657  protection or tort claims could be a violation of s. 817.234, s.
  658  817.505, or the rules regulating The Florida Bar and should be
  659  immediately reported to the Division of Insurance Fraud if such
  660  conduct has taken place.
  661         (2) Each insurer issuing a policy in this state providing
  662  the security required under s. 627.733 shall personal injury
  663  protection benefits must mail or deliver the notice as specified
  664  in subsection (1) to an insured within 21 days after receiving
  665  notice from the insured notice of an automobile accident or
  666  claim involving personal injury to an insured who is covered
  667  under the policy. The office may allow an insurer up to 30 days
  668  of additional time to provide the notice specified in subsection
  669  (1) not to exceed 30 days, upon a showing by the insurer that an
  670  emergency justifies an extension of time.
  671         (3) The notice required by this section does not alter or
  672  modify the terms of the insurance contract or other security
  673  requirements of this part act.
  674         Section 16. Section 627.7355, Florida Statutes, is created
  675  to read:
  676         627.7355 Motor vehicle insurance claims brought in a single
  677  action.—In an action in which the owner, registrant, operator,
  678  or occupant of a motor vehicle, to which security has been
  679  provided pursuant to s. 627.733, is claiming personal injury,
  680  all claims arising out of the plaintiff’s injuries, including
  681  all derivative claims, shall be brought together, unless good
  682  cause is shown why such claims should be brought separately.
  683         Section 17. Section 627.736, Florida Statutes, is repealed.
  684         Section 18. Section 627.737, Florida Statutes, is repealed.
  685         Section 19. Section 627.739, Florida Statutes, is repealed.
  686         Section 20. Section 627.7403, Florida Statutes, is
  687  repealed.
  688         Section 21. Section 627.7405, Florida Statutes, is
  689  repealed.
  690         Section 22. Section 627.7407, Florida Statutes, is
  691  repealed.
  692         Section 23. Sections 15 and 16 of chapter 2012-197, Laws of
  693  Florida, are repealed.
  694         Section 24. Paragraph (b) of subsection (2) of section
  695  318.18, Florida Statutes, is amended to read:
  696         318.18 Amount of penalties.—The penalties required for a
  697  noncriminal disposition pursuant to s. 318.14 or a criminal
  698  offense listed in s. 318.17 are as follows:
  699         (2) Thirty dollars for all nonmoving traffic violations
  700  and:
  701         (b) For all violations of ss. 320.0605, 320.07(1), 322.065,
  702  and 322.15(1). A Any person who is cited for a violation of s.
  703  320.07(1) shall be charged a delinquent fee pursuant to s.
  704  320.07(4).
  705         1. If a person who is cited for a violation of s. 320.0605
  706  or s. 320.07 can show proof of having a valid registration at
  707  the time of arrest, the clerk of the court may dismiss the case
  708  and may assess a dismissal fee of up to $10. A person who finds
  709  it impossible or impractical to obtain a valid registration
  710  certificate must submit an affidavit detailing the reasons for
  711  the impossibility or impracticality. The reasons may include,
  712  but are not limited to, the fact that the vehicle was sold,
  713  stolen, or destroyed; that the state in which the vehicle is
  714  registered does not issue a certificate of registration; or that
  715  the vehicle is owned by another person.
  716         2. If a person who is cited for a violation of s. 322.03,
  717  s. 322.065, or s. 322.15 can show a driver license issued to him
  718  or her and valid at the time of arrest, the clerk of the court
  719  may dismiss the case and may assess a dismissal fee of up to
  720  $10.
  721         3. If a person who is cited for a violation of s. 316.646
  722  can show proof of security as required by s. 627.733, issued to
  723  the person and valid at the time of arrest, the clerk of the
  724  court may dismiss the case and may assess a dismissal fee of up
  725  to $10. A person who finds it impossible or impractical to
  726  obtain proof of security must submit an affidavit detailing the
  727  reasons for the impracticality. The reasons may include, but are
  728  not limited to, the fact that the vehicle has since been sold,
  729  stolen, or destroyed,; that the owner or registrant of the
  730  vehicle is not required by s. 627.733 to maintain personal
  731  injury protection insurance; or that the vehicle is owned by
  732  another person.
  733         Section 25. Paragraphs (a) and (d) of subsection (5) of
  734  section 320.02, Florida Statutes, are amended to read:
  735         320.02 Registration required; application for registration;
  736  forms.—
  737         (5)(a) Proof that bodily injury liability and property
  738  damage liability coverage personal injury protection benefits
  739  have been purchased if required under ss. 324.022 and s.
  740  627.733, that property damage liability coverage has been
  741  purchased as required under s. 324.022, that bodily injury or
  742  death coverage has been purchased if required under s. 324.023,
  743  and that combined bodily liability insurance and property damage
  744  liability insurance have been purchased if required under s.
  745  627.7415 shall be provided in the manner prescribed by law by
  746  the applicant at the time of application for registration of any
  747  motor vehicle that is subject to such requirements. The issuing
  748  agent may not shall refuse to issue registration if such proof
  749  of purchase is not provided. Insurers shall furnish uniform
  750  proof-of-purchase cards in a paper or electronic format in a
  751  form prescribed by the department and include the name of the
  752  insured’s insurance company, the coverage identification number,
  753  and the make, year, and vehicle identification number of the
  754  vehicle insured. The card must contain a statement notifying the
  755  applicant of the penalty specified under s. 316.646(4). The card
  756  or insurance policy, insurance policy binder, or certificate of
  757  insurance or a photocopy of any of these; an affidavit
  758  containing the name of the insured’s insurance company, the
  759  insured’s policy number, and the make and year of the vehicle
  760  insured; or such other proof as may be prescribed by the
  761  department constitutes shall constitute sufficient proof of
  762  purchase. If an affidavit is provided as proof, it must be in
  763  substantially the following form:
  764  Under penalty of perjury, I ...(Name of insured)... do hereby
  765  certify that I have ...(Personal Injury Protection, Property
  766  Damage Liability, and, if required, Bodily Injury Liability)...
  767  Insurance currently in effect with ...(Name of insurance
  768  company)... under ...(policy number)... covering ...(make, year,
  769  and vehicle identification number of vehicle).... ...(Signature
  770  of Insured)...
  771  
  772  The Such affidavit must include the following warning:
  773  WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
  774  REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
  775  LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
  776  SUBJECT TO PROSECUTION.
  777  If an application is made through a licensed motor vehicle
  778  dealer as required under s. 319.23, the original or a
  779  photostatic copy of such card, insurance policy, insurance
  780  policy binder, or certificate of insurance or the original
  781  affidavit from the insured shall be forwarded by the dealer to
  782  the tax collector of the county or the Department of Highway
  783  Safety and Motor Vehicles for processing. By executing the
  784  aforesaid affidavit, the no licensed motor vehicle dealer will
  785  not be liable in damages for any inadequacy, insufficiency, or
  786  falsification of any statement contained therein. A card must
  787  also indicate the existence of any bodily injury liability
  788  insurance voluntarily purchased.
  789         (d) The verifying of proof of personal injury protection
  790  insurance, proof of property damage liability insurance, proof
  791  of combined bodily liability insurance and property damage
  792  liability insurance, or proof of financial responsibility
  793  insurance and the issuance or failure to issue the motor vehicle
  794  registration under the provisions of this chapter is may not be
  795  construed in any court as a warranty of the reliability or
  796  accuracy of the evidence of such proof. Neither the department
  797  nor a any tax collector is liable in damages for any inadequacy,
  798  insufficiency, falsification, or unauthorized modification of
  799  any item of the proof of personal injury protection insurance,
  800  proof of property damage liability insurance, proof of combined
  801  bodily liability insurance and property damage liability
  802  insurance, or proof of financial responsibility insurance before
  803  prior to, during, or after subsequent to the verification of the
  804  proof. The issuance of a motor vehicle registration does not
  805  constitute prima facie evidence or a presumption of insurance
  806  coverage.
  807         Section 26. Paragraph (b) of subsection (1) of section
  808  320.0609, Florida Statutes, is amended to read:
  809         320.0609 Transfer and exchange of registration license
  810  plates; transfer fee.—
  811         (1)
  812         (b) The transfer of a license plate from a vehicle disposed
  813  of to a newly acquired vehicle does not constitute a new
  814  registration. The application for transfer shall be accepted
  815  without requiring proof of personal injury protection or
  816  liability insurance.
  817         Section 27. Subsection (3) of section 320.27, Florida
  818  Statutes, is amended to read:
  819         320.27 Motor vehicle dealers.—
  820         (3) APPLICATION AND FEE.—The application for the license
  821  application shall be in such form as may be prescribed by the
  822  department and is shall be subject to such rules with respect
  823  thereto as may be so prescribed by the department it. The Such
  824  application shall be verified by oath or affirmation and must
  825  shall contain a full statement of the name and birth date of the
  826  person or persons applying for the license therefor; the name of
  827  the firm or copartnership, with the names and places of
  828  residence of all members thereof, if such applicant is a firm or
  829  copartnership; the names and places of residence of the
  830  principal officers, if the applicant is a body corporate or
  831  other artificial body; the name of the state under whose laws
  832  the corporation is organized; the present and former place or
  833  places of residence of the applicant; and the prior business in
  834  which the applicant has been engaged and its the location
  835  thereof. The Such application must shall describe the exact
  836  location of the place of business and shall state whether the
  837  place of business is owned by the applicant and when acquired,
  838  or, if leased, a true copy of the lease shall be attached to the
  839  application. The applicant shall certify that the location
  840  provides an adequately equipped office and is not a residence;
  841  that the location affords sufficient unoccupied space upon and
  842  within which adequately to store all motor vehicles offered and
  843  displayed for sale; and that the location is a suitable place
  844  where the applicant can in good faith carry on such business and
  845  keep and maintain books, records, and files necessary to conduct
  846  such business, which shall be available at all reasonable hours
  847  to inspection by the department or any of its inspectors or
  848  other employees. The applicant shall certify that the business
  849  of a motor vehicle dealer is the principal business that will
  850  which shall be conducted at that location. The application must
  851  shall contain a statement that the applicant is either
  852  franchised by a manufacturer of motor vehicles, in which case
  853  the name of each motor vehicle that the applicant is franchised
  854  to sell must shall be included, or an independent
  855  (nonfranchised) motor vehicle dealer. The application must shall
  856  contain other relevant information as may be required by the
  857  department, including evidence that the applicant is insured
  858  under a garage liability insurance policy or a general liability
  859  insurance policy coupled with a business automobile policy,
  860  which includes shall include, at a minimum, $60,000 $25,000
  861  combined single-limit liability coverage including bodily injury
  862  and property damage protection and $10,000 personal injury
  863  protection. However, a salvage motor vehicle dealer as defined
  864  in subparagraph (1)(c)5. is exempt from the requirements for
  865  garage liability insurance and personal injury protection
  866  insurance on those vehicles that cannot be legally operated on
  867  roads, highways, or streets in this state. Franchise dealers
  868  must submit a garage liability insurance policy, and all other
  869  dealers must submit a garage liability insurance policy or a
  870  general liability insurance policy coupled with a business
  871  automobile policy. Such policy shall be for the license period,
  872  and evidence of a new or continued policy shall be delivered to
  873  the department at the beginning of each license period. Upon
  874  making initial application, the applicant shall pay to the
  875  department a fee of $300 in addition to any other fees required
  876  by law. Applicants may choose to extend the licensure period for
  877  1 additional year for a total of 2 years. An initial applicant
  878  shall pay to the department a fee of $300 for the first year and
  879  $75 for the second year, in addition to any other fees required
  880  by law. An applicant for renewal shall pay to the department $75
  881  for a 1-year renewal or $150 for a 2-year renewal, in addition
  882  to any other fees required by law. Upon making an application
  883  for a change of location, the applicant person shall pay a fee
  884  of $50 in addition to any other fees now required by law. The
  885  department shall, in the case of every application for initial
  886  licensure, verify whether certain facts set forth in the
  887  application are true. Each applicant, general partner in the
  888  case of a partnership, or corporate officer and director in the
  889  case of a corporate applicant, must file a set of fingerprints
  890  with the department for the purpose of determining any prior
  891  criminal record or any outstanding warrants. The department
  892  shall submit the fingerprints to the Department of Law
  893  Enforcement for state processing and forwarding to the Federal
  894  Bureau of Investigation for federal processing. The actual cost
  895  of state and federal processing shall be borne by the applicant
  896  and is in addition to the fee for licensure. The department may
  897  issue a license to an applicant pending the results of the
  898  fingerprint investigation, which license is fully revocable if
  899  the department subsequently determines that any facts set forth
  900  in the application are not true or correctly represented.
  901         Section 28. Paragraph (j) of subsection (3) of section
  902  320.771, Florida Statutes, is amended to read:
  903         320.771 License required of recreational vehicle dealers.—
  904         (3) APPLICATION.—The application for such license shall be
  905  in the form prescribed by the department and subject to such
  906  rules as may be prescribed by it. The application shall be
  907  verified by oath or affirmation and shall contain:
  908         (j) A statement that the applicant is insured under a
  909  garage liability insurance policy, which includes shall include,
  910  at a minimum, $60,000 $25,000 combined single-limit liability
  911  coverage, including bodily injury and property damage
  912  protection, and $10,000 personal injury protection, if the
  913  applicant is to be licensed as a dealer in, or intends to sell,
  914  recreational vehicles.
  915  
  916  The department shall, if it deems necessary, cause an
  917  investigation to be made to ascertain if the facts set forth in
  918  the application are true and shall not issue a license to the
  919  applicant until it is satisfied that the facts set forth in the
  920  application are true.
  921         Section 29. Subsection (2) of section 322.251, Florida
  922  Statutes, is amended to read:
  923         322.251 Notice of cancellation, suspension, revocation, or
  924  disqualification of license.—
  925         (2) The giving of notice and an order of cancellation,
  926  suspension, revocation, or disqualification by mail is complete
  927  upon expiration of 20 days after deposit in the United States
  928  mail for all notices except those issued under chapter 324 or
  929  ss. 627.733-627.734 627.732–627.734, which are complete 15 days
  930  after deposit in the United States mail. Proof of the giving of
  931  notice and an order of cancellation, suspension, revocation, or
  932  disqualification in either manner shall be made by entry in the
  933  records of the department that such notice was given. The entry
  934  is admissible in the courts of this state and constitutes
  935  sufficient proof that such notice was given.
  936         Section 30. Present subsection (7) of section 400.9905,
  937  Florida Statutes, is renumbered as subsection (8), subsection
  938  (4) is amended, and a new subsection (7) is added to that
  939  section, to read:
  940         400.9905 Definitions.—
  941         (4) “Clinic” means an entity where health care services are
  942  provided to individuals and which tenders charges for
  943  reimbursement for such services, including a mobile clinic and a
  944  portable equipment provider. As used in this part, the term does
  945  not include and the licensure requirements of this part do not
  946  apply to:
  947         (a) Entities licensed or registered by the state under
  948  chapter 395; entities licensed or registered by the state and
  949  providing only health care services within the scope of services
  950  authorized under their respective licenses under ss. 383.30
  951  383.335, chapter 390, chapter 394, chapter 397, this chapter
  952  except part X, chapter 429, chapter 463, chapter 465, chapter
  953  466, chapter 478, part I of chapter 483, chapter 484, or chapter
  954  651; end-stage renal disease providers authorized under 42
  955  C.F.R. part 405, subpart U; providers certified under 42 C.F.R.
  956  part 485, subpart B or subpart H; or any entity that provides
  957  neonatal or pediatric hospital-based health care services or
  958  other health care services by licensed practitioners solely
  959  within a hospital licensed under chapter 395.
  960         (b) Entities that own, directly or indirectly, entities
  961  licensed or registered by the state pursuant to chapter 395;
  962  entities that own, directly or indirectly, entities licensed or
  963  registered by the state and providing only health care services
  964  within the scope of services authorized pursuant to their
  965  respective licenses under ss. 383.30-383.335, chapter 390,
  966  chapter 394, chapter 397, this chapter except part X, chapter
  967  429, chapter 463, chapter 465, chapter 466, chapter 478, part I
  968  of chapter 483, chapter 484, or chapter 651; end-stage renal
  969  disease providers authorized under 42 C.F.R. part 405, subpart
  970  U; providers certified under 42 C.F.R. part 485, subpart B or
  971  subpart H; or any entity that provides neonatal or pediatric
  972  hospital-based health care services by licensed practitioners
  973  solely within a hospital licensed under chapter 395.
  974         (c) Entities that are owned, directly or indirectly, by an
  975  entity licensed or registered by the state pursuant to chapter
  976  395; entities that are owned, directly or indirectly, by an
  977  entity licensed or registered by the state and providing only
  978  health care services within the scope of services authorized
  979  pursuant to their respective licenses under ss. 383.30-383.335,
  980  chapter 390, chapter 394, chapter 397, this chapter except part
  981  X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
  982  478, part I of chapter 483, chapter 484, or chapter 651; end
  983  stage renal disease providers authorized under 42 C.F.R. part
  984  405, subpart U; providers certified under 42 C.F.R. part 485,
  985  subpart B or subpart H; or any entity that provides neonatal or
  986  pediatric hospital-based health care services by licensed
  987  practitioners solely within a hospital under chapter 395.
  988         (d) Entities that are under common ownership, directly or
  989  indirectly, with an entity licensed or registered by the state
  990  pursuant to chapter 395; entities that are under common
  991  ownership, directly or indirectly, with an entity licensed or
  992  registered by the state and providing only health care services
  993  within the scope of services authorized pursuant to their
  994  respective licenses under ss. 383.30-383.335, chapter 390,
  995  chapter 394, chapter 397, this chapter except part X, chapter
  996  429, chapter 463, chapter 465, chapter 466, chapter 478, part I
  997  of chapter 483, chapter 484, or chapter 651; end-stage renal
  998  disease providers authorized under 42 C.F.R. part 405, subpart
  999  U; providers certified under 42 C.F.R. part 485, subpart B or
 1000  subpart H; or any entity that provides neonatal or pediatric
 1001  hospital-based health care services by licensed practitioners
 1002  solely within a hospital licensed under chapter 395.
 1003         (e) An entity that is exempt from federal taxation under 26
 1004  U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
 1005  under 26 U.S.C. s. 409 that has a board of trustees at least
 1006  two-thirds of which are Florida-licensed health care
 1007  practitioners and provides only physical therapy services under
 1008  physician orders, any community college or university clinic,
 1009  and any entity owned or operated by the federal or state
 1010  government, including agencies, subdivisions, or municipalities
 1011  thereof.
 1012         (f) A sole proprietorship, group practice, partnership, or
 1013  corporation that provides health care services by physicians
 1014  covered by s. 627.419, that is directly supervised by one or
 1015  more of such physicians, and that is wholly owned by one or more
 1016  of those physicians or by a physician and the spouse, parent,
 1017  child, or sibling of that physician.
 1018         (g) A sole proprietorship, group practice, partnership, or
 1019  corporation that provides health care services by licensed
 1020  health care practitioners under chapter 457, chapter 458,
 1021  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
 1022  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
 1023  chapter 490, chapter 491, or part I, part III, part X, part
 1024  XIII, or part XIV of chapter 468, or s. 464.012, and that is
 1025  wholly owned by one or more licensed health care practitioners,
 1026  or the licensed health care practitioners set forth in this
 1027  paragraph and the spouse, parent, child, or sibling of a
 1028  licensed health care practitioner if one of the owners who is a
 1029  licensed health care practitioner is supervising the business
 1030  activities and is legally responsible for the entity’s
 1031  compliance with all federal and state laws. However, a health
 1032  care practitioner may not supervise services beyond the scope of
 1033  the practitioner’s license, except that, for the purposes of
 1034  this part, a clinic owned by a licensee in s. 456.053(3)(b)
 1035  which provides only services authorized pursuant to s.
 1036  456.053(3)(b) may be supervised by a licensee specified in s.
 1037  456.053(3)(b).
 1038         (h) Clinical facilities affiliated with an accredited
 1039  medical school at which training is provided for medical
 1040  students, residents, or fellows.
 1041         (i) Entities that provide only oncology or radiation
 1042  therapy services by physicians licensed under chapter 458 or
 1043  chapter 459 or entities that provide oncology or radiation
 1044  therapy services by physicians licensed under chapter 458 or
 1045  chapter 459 which are owned by a corporation whose shares are
 1046  publicly traded on a recognized stock exchange.
 1047         (j) Clinical facilities affiliated with a college of
 1048  chiropractic accredited by the Council on Chiropractic Education
 1049  at which training is provided for chiropractic students.
 1050         (k) Entities that provide licensed practitioners to staff
 1051  emergency departments or to deliver anesthesia services in
 1052  facilities licensed under chapter 395 and that derive at least
 1053  90 percent of their gross annual revenues from the provision of
 1054  such services. Entities claiming an exemption from licensure
 1055  under this paragraph must provide documentation demonstrating
 1056  compliance.
 1057         (l) Orthotic, prosthetic, pediatric cardiology, or
 1058  perinatology clinical facilities or anesthesia clinical
 1059  facilities that are not otherwise exempt under paragraph (a) or
 1060  paragraph (k) and that are a publicly traded corporation or are
 1061  wholly owned, directly or indirectly, by a publicly traded
 1062  corporation. As used in this paragraph, a publicly traded
 1063  corporation is a corporation that issues securities traded on an
 1064  exchange registered with the United States Securities and
 1065  Exchange Commission as a national securities exchange.
 1066         (m) Entities that are owned by a corporation that has $250
 1067  million or more in total annual sales of health care services
 1068  provided by licensed health care practitioners where one or more
 1069  of the persons responsible for the operations of the entity is a
 1070  health care practitioner who is licensed in this state and who
 1071  is responsible for supervising the business activities of the
 1072  entity and is responsible for the entity’s compliance with state
 1073  law for purposes of this part.
 1074         (n) Entities that employ 50 or more licensed health care
 1075  practitioners licensed under chapter 458 or chapter 459 where
 1076  the billing for medical services is under a single tax
 1077  identification number. The application for exemption under this
 1078  subsection must include shall contain information that includes:
 1079  the name, residence, and business address, and telephone phone
 1080  number of the entity that owns the practice; a complete list of
 1081  the names and contact information of all the officers and
 1082  directors of the corporation; the name, residence address,
 1083  business address, and medical license number of each licensed
 1084  Florida health care practitioner employed by the entity; the
 1085  corporate tax identification number of the entity seeking an
 1086  exemption; a list listing of health care services to be provided
 1087  by the entity at the health care clinics owned or operated by
 1088  the entity and a certified statement prepared by an independent
 1089  certified public accountant which states that the entity and the
 1090  health care clinics owned or operated by the entity have not
 1091  received payment for health care services related to a motor
 1092  vehicle accident injury under personal injury protection
 1093  insurance coverage for the preceding year. If the agency
 1094  determines that an entity that which is exempt under this
 1095  subsection has received payments for medical services related to
 1096  a motor vehicle accident injury under personal injury protection
 1097  insurance coverage, the agency may deny or revoke the exemption
 1098  from licensure under this subsection.
 1099  
 1100  Notwithstanding this subsection, an entity shall be deemed a
 1101  clinic and must be licensed under this part in order to receive
 1102  reimbursement under the Florida Motor Vehicle No-Fault Law, ss.
 1103  627.730-627.7405, unless exempted under s. 627.736(5)(h).
 1104         (7) “Motor vehicle accident injury” means accidental bodily
 1105  injury sustained while occupying a motor vehicle as defined in
 1106  s. 627.732 or, if the injured party is not an occupant of a
 1107  motor vehicle, an injury caused by physical contact with a motor
 1108  vehicle.
 1109         Section 31. Subsection (6) of section 400.991, Florida
 1110  Statutes, is amended to read:
 1111         400.991 License requirements; background screenings;
 1112  prohibitions.—
 1113         (6) All agency forms for licensure application or exemption
 1114  from licensure under this part must contain the following
 1115  statement:
 1116  
 1117         INSURANCE FRAUD NOTICE.—A person who knowingly submits
 1118         a false, misleading, or fraudulent application or
 1119         other document when applying for licensure as a health
 1120         care clinic, seeking an exemption from licensure as a
 1121         health care clinic, or demonstrating compliance with
 1122         part X of chapter 400, Florida Statutes, with the
 1123         intent to use the license, exemption from licensure,
 1124         or demonstration of compliance to provide services or
 1125         seek reimbursement related to a motor vehicle accident
 1126         injury under the Florida Motor Vehicle No-Fault Law,
 1127         commits a fraudulent insurance act, as defined in s.
 1128         626.989, Florida Statutes. A person who presents a
 1129         claim for personal injury protection benefits knowing
 1130         that the payee knowingly submitted such health care
 1131         clinic application or document, commits insurance
 1132         fraud, as defined in s. 817.234, Florida Statutes.
 1133         Section 32. Paragraph (g) of subsection (1) of section
 1134  400.9935, Florida Statutes, is amended to read:
 1135         400.9935 Clinic responsibilities.—
 1136         (1) Each clinic shall appoint a medical director or clinic
 1137  director who shall agree in writing to accept legal
 1138  responsibility for the following activities on behalf of the
 1139  clinic. The medical director or the clinic director shall:
 1140         (g) Conduct systematic reviews of clinic billings to ensure
 1141  that the billings are not fraudulent or unlawful. Upon discovery
 1142  of an unlawful charge, the medical director or clinic director
 1143  shall take immediate corrective action. If the clinic performs
 1144  only the technical component of magnetic resonance imaging,
 1145  static radiographs, computed tomography, or positron emission
 1146  tomography, and provides the professional interpretation of such
 1147  services, in a fixed facility that is accredited by a national
 1148  accrediting organization that is approved by the Centers for
 1149  Medicare and Medicaid Services for magnetic resonance imaging
 1150  and advanced diagnostic imaging services and if, in the
 1151  preceding quarter, the percentage of scans performed by that
 1152  clinic relating to a motor vehicle accident injury which was
 1153  billed to all personal injury protection insurance carriers was
 1154  less than 15 percent, the chief financial officer of the clinic
 1155  may, in a written acknowledgment provided to the agency, assume
 1156  the responsibility for the conduct of the systematic reviews of
 1157  clinic billings to ensure that the billings are not fraudulent
 1158  or unlawful.
 1159         Section 33. Subsection (28) of section 409.901, Florida
 1160  Statutes, is amended to read:
 1161         409.901 Definitions; ss. 409.901-409.920.—As used in ss.
 1162  409.901-409.920, except as otherwise specifically provided, the
 1163  term:
 1164         (28) “Third-party benefit” means any benefit that is or may
 1165  be available at any time through contract, court award,
 1166  judgment, settlement, agreement, or any arrangement between a
 1167  third party and any person or entity, including, without
 1168  limitation, a Medicaid recipient, a provider, another third
 1169  party, an insurer, or the agency, for any Medicaid-covered
 1170  injury, illness, goods, or services, including costs of medical
 1171  services related thereto, for bodily personal injury or for
 1172  death of the recipient, but specifically excluding policies of
 1173  life insurance policies on the recipient, unless available under
 1174  terms of the policy to pay medical expenses before prior to
 1175  death. The term includes, without limitation, collateral, as
 1176  defined in this section, health insurance, any benefit under a
 1177  health maintenance organization, a preferred provider
 1178  arrangement, a prepaid health clinic, liability insurance,
 1179  uninsured motorist insurance or personal injury protection
 1180  coverage, medical benefits under workers’ compensation, and any
 1181  obligation under law or equity to provide medical support.
 1182         Section 34. Paragraph (f) of subsection (11) of section
 1183  409.910, Florida Statutes, is amended to read:
 1184         409.910 Responsibility for payments on behalf of Medicaid
 1185  eligible persons when other parties are liable.—
 1186         (11) The agency may, as a matter of right, in order to
 1187  enforce its rights under this section, institute, intervene in,
 1188  or join any legal or administrative proceeding in its own name
 1189  in one or more of the following capacities: individually, as
 1190  subrogee of the recipient, as assignee of the recipient, or as
 1191  lienholder of the collateral.
 1192         (f) Notwithstanding any other provision in this section to
 1193  the contrary, if in the event of an action in tort against a
 1194  third party in which the recipient or his or her legal
 1195  representative is a party which results in a judgment, award, or
 1196  settlement from a third party, the amount recovered shall be
 1197  distributed as follows:
 1198         1. After attorney attorney’s fees and taxable costs as
 1199  defined by the Florida Rules of Civil Procedure, one-half of the
 1200  remaining recovery shall be paid to the agency up to the total
 1201  amount of medical assistance provided by Medicaid.
 1202         2. The remaining amount of the recovery shall be paid to
 1203  the recipient.
 1204         3. For purposes of calculating the agency’s recovery of
 1205  medical assistance benefits paid, the fee for services of an
 1206  attorney retained by the recipient or his or her legal
 1207  representative shall be calculated at 25 percent of the
 1208  judgment, award, or settlement.
 1209         4. Notwithstanding any other provision of this section to
 1210  the contrary, the agency is shall be entitled to all medical
 1211  coverage benefits up to the total amount of medical assistance
 1212  provided by Medicaid. For purposes of this paragraph, the term
 1213  “medical coverage” means any benefits under health insurance, a
 1214  health maintenance organization, a preferred provider
 1215  arrangement, or a prepaid health clinic, and the portion of
 1216  benefits designated for medical payments under coverage for
 1217  workers’ compensation, personal injury protection, and casualty.
 1218         Section 35. Paragraph (k) of subsection (2) of section
 1219  456.057, Florida Statutes, is amended to read:
 1220         456.057 Ownership and control of patient records; report or
 1221  copies of records to be furnished; disclosure of information.—
 1222         (2) As used in this section, the terms “records owner,”
 1223  “health care practitioner,” and “health care practitioner’s
 1224  employer” do not include any of the following persons or
 1225  entities; furthermore, the following persons or entities are not
 1226  authorized to acquire or own medical records, but are authorized
 1227  under the confidentiality and disclosure requirements of this
 1228  section to maintain those documents required by the part or
 1229  chapter under which they are licensed or regulated:
 1230         (k) Persons or entities practicing under s. 627.736(7).
 1231         Section 36. Paragraphs (gg) through (nn) of subsection (1)
 1232  of section 456.072, Florida Statutes, are redesignated as
 1233  paragraphs (ee) through (ll), respectively, and paragraphs (ee)
 1234  and (ff) of that subsection are amended, to read:
 1235         456.072 Grounds for discipline; penalties; enforcement.—
 1236         (1) The following acts shall constitute grounds for which
 1237  the disciplinary actions specified in subsection (2) may be
 1238  taken:
 1239         (ee) With respect to making a personal injury protection
 1240  claim as required by s. 627.736, intentionally submitting a
 1241  claim, statement, or bill that has been “upcoded” as defined in
 1242  s. 627.732.
 1243         (ff) With respect to making a personal injury protection
 1244  claim as required by s. 627.736, intentionally submitting a
 1245  claim, statement, or bill for payment of services that were not
 1246  rendered.
 1247         Section 37. Paragraph (i) of subsection (1) of section
 1248  626.9541, Florida Statutes, is amended to read:
 1249         626.9541 Unfair methods of competition and unfair or
 1250  deceptive acts or practices defined.—
 1251         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
 1252  ACTS.—The following are defined as unfair methods of competition
 1253  and unfair or deceptive acts or practices:
 1254         (i) Unfair claim settlement practices.—
 1255         1. Attempting to settle claims on the basis of an
 1256  application, when serving as a binder or intended to become a
 1257  part of the policy, or any other material document that which
 1258  was altered without notice to, or knowledge or consent of, the
 1259  insured;
 1260         2. A material misrepresentation made to an insured or any
 1261  other person having an interest in the proceeds that are payable
 1262  under a such contract or policy, for the purpose and with the
 1263  intent of effecting settlement of such claims, loss, or damage
 1264  under such contract or policy on less favorable terms than those
 1265  provided in, and contemplated by, the such contract or policy;
 1266  or
 1267         3. Committing or performing with such frequency as to
 1268  indicate a general business practice any of the following:
 1269         a. Failing to adopt and implement standards for the proper
 1270  investigation of claims;
 1271         b. Misrepresenting pertinent facts or insurance policy
 1272  provisions relating to coverages at issue;
 1273         c. Failing to acknowledge and act promptly upon
 1274  communications with respect to claims;
 1275         d. Denying claims without conducting reasonable
 1276  investigations based upon available information;
 1277         e. Failing to affirm or deny full or partial coverage of
 1278  claims, and, as to partial coverage, the dollar amount or extent
 1279  of coverage, or failing to provide a written statement that the
 1280  claim is being investigated, upon the written request of the
 1281  insured, within 30 days after proof-of-loss statements have been
 1282  completed;
 1283         f. Failing to promptly provide a reasonable explanation in
 1284  writing to the insured of the basis in the insurance policy, in
 1285  relation to the facts or applicable law, for denial of a claim
 1286  or for the offer of a compromise settlement;
 1287         g. Failing to promptly notify the insured of any additional
 1288  information necessary for the processing of a claim; or
 1289         h. Failing to clearly explain the nature of the requested
 1290  information and the reasons why such information is necessary.
 1291         i. Failing to pay personal injury protection insurance
 1292  claims within the time periods required by s. 627.736(4)(b). The
 1293  office may order the insurer to pay restitution to a
 1294  policyholder, medical provider, or other claimant, including
 1295  interest at a rate consistent with the amount set forth in s.
 1296  55.03(1), for the time period within which an insurer fails to
 1297  pay claims as required by law. Restitution is in addition to any
 1298  other penalties allowed by law, including, but not limited to,
 1299  the suspension of the insurer’s certificate of authority.
 1300         4. Failing to pay undisputed amounts of partial or full
 1301  benefits owed under first-party property insurance policies
 1302  within 90 days after an insurer receives notice of a residential
 1303  property insurance claim, determines the amounts of partial or
 1304  full benefits, and agrees to coverage, unless payment of the
 1305  undisputed benefits is prevented by an act of God, prevented by
 1306  the impossibility of performance, or due to actions by the
 1307  insured or claimant that constitute fraud, lack of cooperation,
 1308  or intentional misrepresentation regarding the claim for which
 1309  benefits are owed.
 1310         Section 38. Paragraph (a) of subsection (1) of section
 1311  626.989, Florida Statutes, is amended to read:
 1312         626.989 Investigation by department or Division of
 1313  Insurance Fraud; compliance; immunity; confidential information;
 1314  reports to division; division investigator’s power of arrest.—
 1315         (1) For the purposes of this section:
 1316         (a) A person commits a “fraudulent insurance act” if the
 1317  person:
 1318         1. Knowingly and with intent to defraud presents, causes to
 1319  be presented, or prepares with knowledge or belief that it will
 1320  be presented, to or by an insurer, self-insurer, self-insurance
 1321  fund, servicing corporation, purported insurer, broker, or any
 1322  agent thereof, any written statement as part of, or in support
 1323  of, an application for the issuance of, or the rating of, any
 1324  insurance policy, or a claim for payment or other benefit
 1325  pursuant to any insurance policy, which the person knows to
 1326  contain materially false information concerning any fact
 1327  material thereto or if the person conceals, for the purpose of
 1328  misleading another, information concerning any fact material
 1329  thereto.
 1330         2. Knowingly submits:
 1331         a. A false, misleading, or fraudulent application or other
 1332  document when applying for licensure as a health care clinic,
 1333  seeking an exemption from licensure as a health care clinic, or
 1334  demonstrating compliance with part X of chapter 400 with an
 1335  intent to use the license, exemption from licensure, or
 1336  demonstration of compliance to provide services or seek
 1337  reimbursement relating to a motor vehicle accident under the
 1338  Florida Motor Vehicle No-Fault Law.
 1339         b. A claim for payment or other benefit relating to a motor
 1340  vehicle accident pursuant to a personal injury protection
 1341  insurance policy under the Florida Motor Vehicle No-Fault Law if
 1342  the person knows that the payee knowingly submitted a false,
 1343  misleading, or fraudulent application or other document when
 1344  applying for licensure as a health care clinic, seeking an
 1345  exemption from licensure as a health care clinic, or
 1346  demonstrating compliance with part X of chapter 400.
 1347         Section 39. Paragraph (a) of subsection (4) of section
 1348  626.9895, Florida Statutes, is amended to read:
 1349         626.9895 Motor vehicle insurance fraud direct-support
 1350  organization.—
 1351         (4) BOARD OF DIRECTORS.—
 1352         (a) The board of directors of the organization consists
 1353  shall consist of the following 11 members:
 1354         1. The Chief Financial Officer, or designee, who serves
 1355  shall serve as chair.
 1356         2. Two state attorneys, one of whom shall be appointed by
 1357  the Chief Financial Officer and the other one of whom shall be
 1358  appointed by the Attorney General.
 1359         3. Two representatives of motor vehicle insurers appointed
 1360  by the Chief Financial Officer.
 1361         4. Two representatives of local law enforcement agencies,
 1362  one of whom shall be appointed by the Chief Financial Officer
 1363  and the other one of whom shall be appointed by the Attorney
 1364  General.
 1365         5. Two representatives of the types of health care
 1366  providers who regularly make claims for benefits related to
 1367  motor vehicle accidents under ss. 627.730-627.7405, one of whom
 1368  shall be appointed by the President of the Senate and the other
 1369  one of whom shall be appointed by the Speaker of the House of
 1370  Representatives. The appointees may not represent the same type
 1371  of health care provider.
 1372         6. A private attorney who has experience in representing
 1373  claimants in motor vehicle tort claims, actions for benefits
 1374  under ss. 627.730-627.7405, who shall be appointed by the
 1375  President of the Senate.
 1376         7. A private attorney who has experience in representing
 1377  insurers in motor vehicle tort claims, actions for benefits
 1378  under ss. 627.730-627.7405, who shall be appointed by the
 1379  Speaker of the House of Representatives.
 1380         Section 40. Subsection (1) of section 627.06501, Florida
 1381  Statutes, is amended to read:
 1382         627.06501 Insurance discounts for certain persons
 1383  completing driver improvement course.—
 1384         (1) Any rate, rating schedule, or rating manual for the
 1385  liability, personal injury protection, and collision coverages
 1386  of a motor vehicle insurance policy filed with the office may
 1387  provide for an appropriate reduction in premium charges as to
 1388  such coverages if when the principal operator on the covered
 1389  vehicle has successfully completed a driver improvement course
 1390  approved and certified by the Department of Highway Safety and
 1391  Motor Vehicles which is effective in reducing crash or violation
 1392  rates, or both, as determined pursuant to s. 318.1451(5). Any
 1393  discount, not to exceed 10 percent, used by an insurer is
 1394  presumed to be appropriate unless credible data demonstrates
 1395  otherwise.
 1396         Section 41. Subsection (1) of section 627.0652, Florida
 1397  Statutes, is amended to read:
 1398         627.0652 Insurance discounts for certain persons completing
 1399  safety course.—
 1400         (1) Any rates, rating schedules, or rating manuals for the
 1401  liability, personal injury protection, and collision coverages
 1402  of a motor vehicle insurance policy filed with the office must
 1403  shall provide for an appropriate reduction in premium charges as
 1404  to such coverages if when the principal operator on the covered
 1405  vehicle is an insured 55 years of age or older who has
 1406  successfully completed a motor vehicle accident prevention
 1407  course approved by the Department of Highway Safety and Motor
 1408  Vehicles. Any discount used by an insurer is presumed to be
 1409  appropriate unless credible data demonstrates otherwise.
 1410         Section 42. Subsections (1), (3), and (6) of section
 1411  627.0653, Florida Statutes, are amended to read:
 1412         627.0653 Insurance discounts for specified motor vehicle
 1413  equipment.—
 1414         (1) Any rates, rating schedules, or rating manuals for the
 1415  liability, personal injury protection, and collision coverages
 1416  of a motor vehicle insurance policy filed with the office must
 1417  shall provide a premium discount if the insured vehicle is
 1418  equipped with factory-installed, four-wheel antilock brakes.
 1419         (3) Any rates, rating schedules, or rating manuals for
 1420  personal injury protection coverage and medical payments
 1421  coverage, if offered, of a motor vehicle insurance policy filed
 1422  with the office must shall provide a premium discount if the
 1423  insured vehicle is equipped with one or more air bags which are
 1424  factory installed.
 1425         (6) The Office of Insurance Regulation may approve a
 1426  premium discount to any rates, rating schedules, or rating
 1427  manuals for the liability, personal injury protection, and
 1428  collision coverages of a motor vehicle insurance policy filed
 1429  with the office if the insured vehicle is equipped with
 1430  autonomous driving technology or electronic vehicle collision
 1431  avoidance technology that is factory installed or a retrofitted
 1432  system and that complies with National Highway Traffic Safety
 1433  Administration standards.
 1434         Section 43. Section 627.4132, Florida Statutes, is amended
 1435  to read:
 1436         627.4132 Stacking of coverages prohibited.—If an insured or
 1437  named insured is protected by any type of motor vehicle
 1438  insurance policy for liability, personal injury protection, or
 1439  other coverage, the policy must shall provide that the insured
 1440  or named insured is protected only to the extent of the coverage
 1441  she or he has on the vehicle involved in the accident. However,
 1442  if none of the insured’s or named insured’s vehicles is involved
 1443  in the accident, coverage is available only to the extent of
 1444  coverage on any one of the vehicles with applicable coverage.
 1445  Coverage on any other vehicles may shall not be added to or
 1446  stacked onto upon that coverage. This section does not apply:
 1447         (1) To uninsured motorist coverage, which is separately
 1448  governed by s. 627.727.
 1449         (2) To reduce the coverage available by reason of insurance
 1450  policies insuring different named insureds.
 1451         Section 44. Subsection (6) of section 627.6482, Florida
 1452  Statutes, is amended to read:
 1453         627.6482 Definitions.—As used in ss. 627.648-627.6498, the
 1454  term:
 1455         (6) “Health insurance” means any hospital and medical
 1456  expense incurred policy, minimum premium plan, stop-loss
 1457  coverage, health maintenance organization contract, prepaid
 1458  health clinic contract, multiple-employer welfare arrangement
 1459  contract, or fraternal benefit society health benefits contract,
 1460  whether sold as an individual or group policy or contract. The
 1461  term does not include a any policy covering medical payment
 1462  coverage or bodily personal injury liability protection coverage
 1463  in a motor vehicle policy, coverage issued as a supplement to
 1464  liability insurance, or workers’ compensation.
 1465         Section 45. Section 627.7263, Florida Statutes, is amended
 1466  to read:
 1467         627.7263 Rental and leasing driver’s insurance to be
 1468  primary; exception.—
 1469         (1) The Valid and collectible liability insurance or
 1470  personal injury protection insurance providing coverage for the
 1471  lessor of a motor vehicle for rent or lease is primary unless
 1472  otherwise stated in at least 10-point type on the face of the
 1473  rental or lease agreement. Such insurance is primary for the
 1474  limits of liability required under s. 324.021(7) and personal
 1475  injury protection coverage as required by ss. 324.021(7) and
 1476  627.736.
 1477         (2) If the lessee’s coverage is to be primary, the rental
 1478  or lease agreement must contain the following language, in at
 1479  least 10-point type:
 1480  
 1481         “The valid and collectible liability insurance and
 1482         personal injury protection insurance of an any
 1483         authorized rental or leasing driver is primary for the
 1484         limits of liability and personal injury protection
 1485         coverage required under s. by ss. 324.021(7) and
 1486         627.736, Florida Statutes.”
 1487         Section 46. Present subsections (8) through (10) of section
 1488  627.727, Florida Statutes, are renumbered as subsections (7)
 1489  through (9), respectively, and subsection (1) and present
 1490  subsection (7) of that section are amended, to read:
 1491         627.727 Motor vehicle insurance; uninsured and underinsured
 1492  vehicle coverage; insolvent insurer protection.—
 1493         (1) No motor vehicle liability insurance policy which
 1494  provides bodily injury liability coverage shall be delivered or
 1495  issued for delivery in this state with respect to any
 1496  specifically insured or identified motor vehicle registered or
 1497  principally garaged in this state unless uninsured motor vehicle
 1498  coverage is provided therein or supplemental thereto for the
 1499  protection of persons insured thereunder who are legally
 1500  entitled to recover damages from owners or operators of
 1501  uninsured motor vehicles because of bodily injury, sickness, or
 1502  disease, including death, resulting therefrom. However, the
 1503  coverage required under this section is not applicable if when,
 1504  or to the extent that, an insured named in the policy makes a
 1505  written rejection of the coverage on behalf of all insureds
 1506  under the policy. If When a motor vehicle is leased for a period
 1507  of 1 year or longer and the lessor of such vehicle, by the terms
 1508  of the lease contract, provides liability coverage on the leased
 1509  vehicle, the lessee of such vehicle shall have the sole
 1510  privilege to reject uninsured motorist coverage or to select
 1511  lower limits than the bodily injury liability limits, regardless
 1512  of whether the lessor is qualified as a self-insurer pursuant to
 1513  s. 324.171. Unless an insured, or lessee having the privilege of
 1514  rejecting uninsured motorist coverage, requests such coverage or
 1515  requests higher uninsured motorist limits in writing, the
 1516  coverage or such higher uninsured motorist limits need not be
 1517  provided in or supplemental to any other policy that which
 1518  renews, extends, changes, supersedes, or replaces an existing
 1519  policy with the same bodily injury liability limits if when an
 1520  insured or lessee had rejected the coverage. If When an insured
 1521  or lessee has initially selected limits of uninsured motorist
 1522  coverage lower than her or his bodily injury liability limits,
 1523  higher limits of uninsured motorist coverage need not be
 1524  provided in or supplemental to any other policy that which
 1525  renews, extends, changes, supersedes, or replaces an existing
 1526  policy with the same bodily injury liability limits unless an
 1527  insured requests higher uninsured motorist coverage in writing.
 1528  The rejection or selection of lower limits shall be made on a
 1529  form approved by the office. The form must shall fully advise
 1530  the applicant of the nature of the coverage and shall state that
 1531  the coverage is equal to bodily injury liability limits unless
 1532  lower limits are requested or the coverage is rejected. The
 1533  heading of the form shall be in 12-point bold type and shall
 1534  state: “You are electing not to purchase certain valuable
 1535  coverage that which protects you and your family or you are
 1536  purchasing uninsured motorist limits less than your bodily
 1537  injury liability limits when you sign this form. Please read
 1538  carefully.” If this form is signed by a named insured, it will
 1539  be conclusively presumed that there was an informed, knowing
 1540  rejection of coverage or election of lower limits on behalf of
 1541  all insureds. The insurer shall notify the named insured at
 1542  least annually of her or his options as to the coverage required
 1543  by this section. Such notice must shall be part of, and attached
 1544  to, the notice of premium, must shall provide for a means to
 1545  allow the insured to request such coverage, and must shall be
 1546  given in a manner approved by the office. Receipt of this notice
 1547  does not constitute an affirmative waiver of the insured’s right
 1548  to uninsured motorist coverage if where the insured has not
 1549  signed a selection or rejection form. The coverage described
 1550  under this section is shall be over and above, but may shall not
 1551  duplicate, the benefits available to an insured under any
 1552  workers’ compensation law, personal injury protection benefits,
 1553  disability benefits law, or similar law; under any automobile
 1554  medical expense coverage; under any motor vehicle liability
 1555  insurance coverage; or from the owner or operator of the
 1556  uninsured motor vehicle or any other person or organization
 1557  jointly or severally liable together with such owner or operator
 1558  for the accident; and such coverage must shall cover the
 1559  difference, if any, between the sum of such benefits and the
 1560  damages sustained, up to the maximum amount of such coverage
 1561  provided under this section. The amount of coverage available
 1562  under this section may shall not be reduced by a setoff against
 1563  any coverage, including liability insurance. Such coverage does
 1564  shall not inure, directly or indirectly, to the benefit of any
 1565  workers’ compensation or disability benefits carrier or any
 1566  person or organization qualifying as a self-insurer under any
 1567  workers’ compensation or disability benefits law or similar law.
 1568         (7) The legal liability of an uninsured motorist coverage
 1569  insurer does not include damages in tort for pain, suffering,
 1570  mental anguish, and inconvenience unless the injury or disease
 1571  is described in one or more of paragraphs (a)-(d) of s.
 1572  627.737(2).
 1573         Section 47. Subsection (1) and paragraphs (a) and (b) of
 1574  subsection (2) of section 627.7275, Florida Statutes, are
 1575  amended to read:
 1576         627.7275 Motor vehicle liability.—
 1577         (1) A motor vehicle insurance policy providing personal
 1578  injury protection as set forth in s. 627.736 may not be
 1579  delivered or issued for delivery in this state for a with
 1580  respect to any specifically insured or identified motor vehicle
 1581  registered or principally garaged in this state must provide
 1582  unless the policy also provides coverage for property damage
 1583  liability and bodily injury liability as required under by s.
 1584  324.022.
 1585         (2)(a) Insurers writing motor vehicle insurance in this
 1586  state shall make available, subject to the insurers’ usual
 1587  underwriting restrictions:
 1588         1. Coverage under policies as described in subsection (1)
 1589  to an applicant for private passenger motor vehicle insurance
 1590  coverage who is seeking the coverage in order to reinstate the
 1591  applicant’s driving privileges in this state if the driving
 1592  privileges were revoked or suspended pursuant to s. 316.646 or
 1593  s. 324.0221 due to the failure of the applicant to maintain
 1594  required security.
 1595         2. Coverage under policies as described in subsection (1),
 1596  which also provides bodily injury liability coverage and
 1597  property damage liability coverage for bodily injury, death, and
 1598  property damage arising out of the ownership, maintenance, or
 1599  use of the motor vehicle in an amount not less than the limits
 1600  described in s. 324.021(7) and conforms to the requirements of
 1601  s. 324.151, to an applicant for private passenger motor vehicle
 1602  insurance coverage who is seeking the coverage in order to
 1603  reinstate the applicant’s driving privileges in this state after
 1604  such privileges were revoked or suspended under s. 316.193 or s.
 1605  322.26(2) for driving under the influence.
 1606         (b) The policies described in paragraph (a) shall be issued
 1607  for at least 6 months and, as to the minimum coverages required
 1608  under this section, may not be canceled by the insured for any
 1609  reason or by the insurer after 60 days, during which period the
 1610  insurer is completing the underwriting of the policy. After the
 1611  insurer has completed underwriting the policy, the insurer shall
 1612  notify the Department of Highway Safety and Motor Vehicles that
 1613  the policy is in full force and effect and is not cancelable for
 1614  the remainder of the policy period. A premium shall be collected
 1615  and the coverage is in effect for the 60-day period during which
 1616  the insurer is completing the underwriting of the policy whether
 1617  or not the person’s driver license, motor vehicle tag, and motor
 1618  vehicle registration are in effect. Once the noncancelable
 1619  provisions of the policy become effective, the coverages for
 1620  bodily injury and, property damage, and personal injury
 1621  protection may not be reduced below the minimum limits required
 1622  under s. 324.021 or s. 324.023 during the policy period.
 1623         Section 48. Paragraph (a) of subsection (1) of section
 1624  627.728, Florida Statutes, is amended to read:
 1625         627.728 Cancellations; nonrenewals.—
 1626         (1) As used in this section, the term:
 1627         (a) “Policy” means the bodily injury and property damage
 1628  liability, personal injury protection, medical payments,
 1629  comprehensive, collision, and uninsured motorist coverage
 1630  portions of a policy of motor vehicle insurance delivered or
 1631  issued for delivery in this state:
 1632         1. Insuring a natural person as named insured or one or
 1633  more related individuals who are residents resident of the same
 1634  household; and
 1635         2. Insuring only a motor vehicle of the private passenger
 1636  type or station wagon type which is not used as a public or
 1637  livery conveyance for passengers or rented to others; or
 1638  insuring any other four-wheel motor vehicle having a load
 1639  capacity of 1,500 pounds or less which is not used in the
 1640  occupation, profession, or business of the insured other than
 1641  farming; other than any policy issued under an automobile
 1642  insurance assigned risk plan; insuring more than four
 1643  automobiles; or covering garage, automobile sales agency, repair
 1644  shop, service station, or public parking place operation
 1645  hazards.
 1646  
 1647  The term “policy” does not include a binder as defined in s.
 1648  627.420 unless the duration of the binder period exceeds 60
 1649  days.
 1650         Section 49. Subsection (1), paragraph (a) of subsection
 1651  (5), and subsection (7) of section 627.7295, Florida Statutes,
 1652  are amended to read:
 1653         627.7295 Motor vehicle insurance contracts.—
 1654         (1) As used in this section, the term:
 1655         (a) “Policy” means a motor vehicle insurance policy that
 1656  provides bodily injury liability personal injury protection
 1657  coverage, property damage liability coverage, or both.
 1658         (b) “Binder” means a binder that provides motor vehicle
 1659  bodily injury liability personal injury protection and property
 1660  damage liability coverage.
 1661         (5)(a) A licensed general lines agent may charge a per
 1662  policy fee of up to not to exceed $10 to cover the agent’s
 1663  administrative costs of the agent associated with selling the
 1664  motor vehicle insurance policy if the policy covers only bodily
 1665  injury liability personal injury protection coverage as provided
 1666  by s. 627.736 and property damage liability coverage as provided
 1667  by s. 627.7275 and if no other insurance is sold or issued in
 1668  conjunction with or collateral to the policy. The fee is not
 1669  considered part of the premium.
 1670         (7) A policy of private passenger motor vehicle insurance
 1671  or a binder for such a policy may be initially issued in this
 1672  state only if, before the effective date of such binder or
 1673  policy, the insurer or agent has collected from the insured an
 1674  amount equal to 2 months’ premium from the insured. An insurer,
 1675  agent, or premium finance company may not, directly or
 1676  indirectly, take any action that results resulting in the
 1677  insured paying having paid from the insured’s own funds an
 1678  amount less than the 2 months’ premium required by this
 1679  subsection. This subsection applies without regard to whether
 1680  the premium is financed by a premium finance company or is paid
 1681  pursuant to a periodic payment plan of an insurer or an
 1682  insurance agent.
 1683         (a) This subsection does not apply:
 1684         1. If an insured or member of the insured’s family is
 1685  renewing or replacing a policy or a binder for such policy
 1686  written by the same insurer or a member of the same insurer
 1687  group;. This subsection does not apply
 1688         2. To an insurer that issues private passenger motor
 1689  vehicle coverage primarily to active duty or former military
 1690  personnel or their dependents; or. This subsection does not
 1691  apply
 1692         3. If all policy payments are paid pursuant to a payroll
 1693  deduction plan or an automatic electronic funds transfer payment
 1694  plan from the policyholder.
 1695         (b) This subsection and subsection (4) do not apply if:
 1696         1. All policy payments to an insurer are paid pursuant to
 1697  an automatic electronic funds transfer payment plan from an
 1698  agent, a managing general agent, or a premium finance company
 1699  and if the policy includes, at a minimum, bodily injury
 1700  liability and personal injury protection pursuant to ss.
 1701  627.730-627.7405; motor vehicle property damage liability
 1702  pursuant to s. 627.7275; or and bodily injury liability in at
 1703  least the amount of $10,000 because of bodily injury to, or
 1704  death of, one person in any one accident and in the amount of
 1705  $20,000 because of bodily injury to, or death of, two or more
 1706  persons in any one accident. This subsection and subsection (4)
 1707  do not apply if
 1708         2. An insured has had a policy in effect for at least 6
 1709  months, the insured’s agent is terminated by the insurer that
 1710  issued the policy, and the insured obtains coverage on the
 1711  policy’s renewal date with a new company through the terminated
 1712  agent.
 1713         Section 50. Section 627.8405, Florida Statutes, is amended
 1714  to read:
 1715         627.8405 Prohibited acts; financing companies.—A No premium
 1716  finance company shall, in a premium finance agreement or other
 1717  agreement, may not finance the cost of or otherwise provide for
 1718  the collection or remittance of dues, assessments, fees, or
 1719  other periodic payments of money for the cost of:
 1720         (1) A membership in an automobile club. The term
 1721  “automobile club” means a legal entity that which, in
 1722  consideration of dues, assessments, or periodic payments of
 1723  money, promises its members or subscribers to assist them in
 1724  matters relating to the ownership, operation, use, or
 1725  maintenance of a motor vehicle; however, the term this
 1726  definition of “automobile club” does not include persons,
 1727  associations, or corporations that which are organized and
 1728  operated solely for the purpose of conducting, sponsoring, or
 1729  sanctioning motor vehicle races, exhibitions, or contests upon
 1730  racetracks, or upon racecourses established and marked as such
 1731  for the duration of such particular events. The term words
 1732  “motor vehicle” has used herein have the same meaning as
 1733  provided defined in chapter 320.
 1734         (2) An accidental death and dismemberment policy sold in
 1735  combination with a bodily injury liability personal injury
 1736  protection and property-damage-only property damage only policy.
 1737         (3) Any product not regulated under the provisions of this
 1738  insurance code.
 1739  
 1740  This section also applies to premium financing by any insurance
 1741  agent or insurance company under part XVI. The commission shall
 1742  adopt rules to assure disclosure, at the time of sale, of
 1743  coverages financed with bodily injury liability coverage
 1744  personal injury protection and shall prescribe the form of such
 1745  disclosure.
 1746         Section 51. Subsection (1) of section 627.915, Florida
 1747  Statutes, is amended to read:
 1748         627.915 Insurer experience reporting.—
 1749         (1) Each insurer transacting private passenger automobile
 1750  insurance in this state shall report certain information
 1751  annually to the office. The information is will be due on or
 1752  before July 1 of each year. The information shall be divided
 1753  into the following categories: bodily injury liability; property
 1754  damage liability; uninsured motorist; personal injury protection
 1755  benefits; medical payments; comprehensive and collision. The
 1756  information must given shall be on direct insurance writings in
 1757  the state alone and shall represent total limits data. The
 1758  information set forth in paragraphs (a)-(f) is applicable to
 1759  voluntary private passenger and Joint Underwriting Association
 1760  private passenger writings and shall be reported for each of the
 1761  latest 3 calendar-accident years, with an evaluation date of
 1762  March 31 of the current year. The information set forth in
 1763  paragraphs (g)-(j) is applicable to voluntary private passenger
 1764  writings and shall be reported on a calendar-accident year basis
 1765  ultimately seven times at seven different stages of development.
 1766         (a) Premiums earned for the latest 3 calendar-accident
 1767  years.
 1768         (b) Loss development factors and the historic development
 1769  of those factors.
 1770         (c) Policyholder dividends incurred.
 1771         (d) Expenses for other acquisition and general expense.
 1772         (e) Expenses for agents’ commissions and taxes, licenses,
 1773  and fees.
 1774         (f) Profit and contingency factors as utilized in the
 1775  insurer’s automobile rate filings for the applicable years.
 1776         (g) Losses paid.
 1777         (h) Losses unpaid.
 1778         (i) Loss adjustment expenses paid.
 1779         (j) Loss adjustment expenses unpaid.
 1780         Section 52. Paragraph (d) of subsection (2) and paragraph
 1781  (d) of subsection (3) of section 628.909, Florida Statutes, are
 1782  amended, to read:
 1783         628.909 Applicability of other laws.—
 1784         (2) The following provisions of the Florida Insurance Code
 1785  apply to captive insurance companies who are not industrial
 1786  insured captive insurance companies to the extent that such
 1787  provisions are not inconsistent with this part:
 1788         (d) Sections 627.730-627.7405, when no-fault coverage is
 1789  provided.
 1790         (3) The following provisions of the Florida Insurance Code
 1791  shall apply to industrial insured captive insurance companies to
 1792  the extent that such provisions are not inconsistent with this
 1793  part:
 1794         (d) Sections 627.730-627.7405 when no-fault coverage is
 1795  provided.
 1796         Section 53. Subsections (2), (6), and (7) of section
 1797  705.184, Florida Statutes, are amended to read:
 1798         705.184 Derelict or abandoned motor vehicles on the
 1799  premises of public-use airports.—
 1800         (2) The airport director or the director’s designee shall
 1801  contact the Department of Highway Safety and Motor Vehicles to
 1802  notify that department that the airport has possession of the
 1803  abandoned or derelict motor vehicle and to determine the name
 1804  and address of the owner of the motor vehicle, the insurance
 1805  company insuring the motor vehicle, notwithstanding the
 1806  provisions of s. 627.736, and any person who has filed a lien on
 1807  the motor vehicle. Within 7 business days after receipt of the
 1808  information, the director or the director’s designee shall send
 1809  notice by certified mail, return receipt requested, to the owner
 1810  of the motor vehicle, the insurance company insuring the motor
 1811  vehicle, notwithstanding the provisions of s. 627.736, and all
 1812  persons of record claiming a lien against the motor vehicle. The
 1813  notice shall state the fact of possession of the motor vehicle,
 1814  that charges for reasonable towing, storage, and parking fees,
 1815  if any, have accrued and the amount thereof, that a lien as
 1816  provided in subsection (6) will be claimed, that the lien is
 1817  subject to enforcement pursuant to law, that the owner or
 1818  lienholder, if any, has the right to a hearing as set forth in
 1819  subsection (4), and that any motor vehicle which, at the end of
 1820  30 calendar days after receipt of the notice, has not been
 1821  removed from the airport upon payment in full of all accrued
 1822  charges for reasonable towing, storage, and parking fees, if
 1823  any, may be disposed of as provided in s. 705.182(2)(a), (b),
 1824  (d), or (e), including, but not limited to, the motor vehicle
 1825  being sold free of all prior liens after 35 calendar days after
 1826  the time the motor vehicle is stored if any prior liens on the
 1827  motor vehicle are more than 5 years of age or after 50 calendar
 1828  days after the time the motor vehicle is stored if any prior
 1829  liens on the motor vehicle are 5 years of age or less.
 1830         (6) The airport pursuant to this section or, if used, a
 1831  licensed independent wrecker company pursuant to s. 713.78 shall
 1832  have a lien on an abandoned or derelict motor vehicle for all
 1833  reasonable towing, storage, and accrued parking fees, if any,
 1834  except that no storage fee shall be charged if the motor vehicle
 1835  is stored less than 6 hours. As a prerequisite to perfecting a
 1836  lien under this section, the airport director or the director’s
 1837  designee must serve a notice in accordance with subsection (2)
 1838  on the owner of the motor vehicle, the insurance company
 1839  insuring the motor vehicle, notwithstanding the provisions of s.
 1840  627.736, and all persons of record claiming a lien against the
 1841  motor vehicle. If attempts to notify the owner, the insurance
 1842  company insuring the motor vehicle, notwithstanding the
 1843  provisions of s. 627.736, or lienholders are not successful, the
 1844  requirement of notice by mail shall be considered met. Serving
 1845  of the notice does not dispense with recording the claim of
 1846  lien.
 1847         (7)(a) For the purpose of perfecting its lien under this
 1848  section, the airport shall record a claim of lien, which states
 1849  shall state:
 1850         1. The name and address of the airport.
 1851         2. The name of the owner of the motor vehicle, the
 1852  insurance company insuring the motor vehicle, notwithstanding
 1853  the provisions of s. 627.736, and all persons of record claiming
 1854  a lien against the motor vehicle.
 1855         3. The costs incurred from reasonable towing, storage, and
 1856  parking fees, if any.
 1857         4. A description of the motor vehicle sufficient for
 1858  identification.
 1859         (b) The claim of lien shall be signed and sworn to or
 1860  affirmed by the airport director or the director’s designee.
 1861         (c) The claim of lien is shall be sufficient if it is in
 1862  substantially the following form:
 1863  
 1864                            CLAIM OF LIEN                          
 1865  State of........
 1866  County of........
 1867  Before me, the undersigned notary public, personally
 1868  appeared........, who was duly sworn and says that he/she is
 1869  the........ of ............, whose address is........; and that
 1870  the following described motor vehicle:
 1871  ...(Description of motor vehicle)...
 1872  owned by........, whose address is ........, has accrued
 1873  $........ in fees for a reasonable tow, for storage, and for
 1874  parking, if applicable; that the lienor served its notice to the
 1875  owner, the insurance company insuring the motor vehicle
 1876  notwithstanding the provisions of s. 627.736, Florida Statutes,
 1877  and all persons of record claiming a lien against the motor
 1878  vehicle on ...., ...(year)..., by.........
 1879  ...(Signature)...
 1880  Sworn to (or affirmed) and subscribed before me this.... day of
 1881  ...., ...(year)..., by...(name of person making statement)....
 1882  ...(Signature of Notary Public)......(Print, Type, or Stamp
 1883  Commissioned name of Notary Public)...
 1884  Personally Known....OR Produced....as identification.
 1885  
 1886  However, the negligent inclusion or omission of any information
 1887  in this claim of lien which does not prejudice the owner does
 1888  not constitute a default that operates to defeat an otherwise
 1889  valid lien.
 1890         (d) The claim of lien shall be served on the owner of the
 1891  motor vehicle, the insurance company insuring the motor vehicle,
 1892  notwithstanding the provisions of s. 627.736, and all persons of
 1893  record claiming a lien against the motor vehicle. If attempts to
 1894  notify the owner, the insurance company insuring the motor
 1895  vehicle notwithstanding the provisions of s. 627.736, or
 1896  lienholders are not successful, the requirement of notice by
 1897  mail shall be considered met. The claim of lien shall be so
 1898  served before recordation.
 1899         (e) The claim of lien shall be recorded with the clerk of
 1900  court in the county where the airport is located. The recording
 1901  of the claim of lien shall be constructive notice to all persons
 1902  of the contents and effect of such claim. The lien shall attach
 1903  at the time of recordation and shall take priority as of that
 1904  time.
 1905         Section 54. Subsection (4) of section 713.78, Florida
 1906  Statutes, is amended to read:
 1907         713.78 Liens for recovering, towing, or storing vehicles
 1908  and vessels.—
 1909         (4)(a) Any person regularly engaged in the business of
 1910  recovering, towing, or storing vehicles or vessels who comes
 1911  into possession of a vehicle or vessel pursuant to subsection
 1912  (2), and who claims a lien for recovery, towing, or storage
 1913  services, shall give notice to the registered owner, the
 1914  insurance company insuring the vehicle notwithstanding the
 1915  provisions of s. 627.736, and to all persons claiming a lien
 1916  thereon, as disclosed by the records in the Department of
 1917  Highway Safety and Motor Vehicles or as disclosed by the records
 1918  of any corresponding agency in any other state in which the
 1919  vehicle is identified through a records check of the National
 1920  Motor Vehicle Title Information System or an equivalent
 1921  commercially available system as being titled or registered.
 1922         (b) If a Whenever any law enforcement agency authorizes the
 1923  removal of a vehicle or vessel or if a whenever any towing
 1924  service, garage, repair shop, or automotive service, storage, or
 1925  parking place notifies the law enforcement agency of possession
 1926  of a vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
 1927  enforcement agency of the jurisdiction where the vehicle or
 1928  vessel is stored shall contact the Department of Highway Safety
 1929  and Motor Vehicles, or the appropriate agency of the state of
 1930  registration, if known, within 24 hours through the medium of
 1931  electronic communications, giving the full description of the
 1932  vehicle or vessel. Upon receipt of the full description of the
 1933  vehicle or vessel, the department shall search its files to
 1934  determine the owner’s name, the insurance company insuring the
 1935  vehicle or vessel, and whether any person has filed a lien upon
 1936  the vehicle or vessel as provided in s. 319.27(2) and (3) and
 1937  notify the applicable law enforcement agency within 72 hours.
 1938  The person in charge of the towing service, garage, repair shop,
 1939  or automotive service, storage, or parking place shall obtain
 1940  such information from the applicable law enforcement agency
 1941  within 5 days after the date of storage and shall give notice
 1942  pursuant to paragraph (a). The department may release the
 1943  insurance company information to the requestor notwithstanding
 1944  the provisions of s. 627.736.
 1945         (c) Notice by certified mail shall be sent within 7
 1946  business days after the date of storage of the vehicle or vessel
 1947  to the registered owner, the insurance company insuring the
 1948  vehicle notwithstanding the provisions of s. 627.736, and all
 1949  persons of record claiming a lien against the vehicle or vessel.
 1950  The notice must It shall state the fact of possession of the
 1951  vehicle or vessel, that a lien as provided in subsection (2) is
 1952  claimed, that charges have accrued and the amount thereof, that
 1953  the lien is subject to enforcement pursuant to law, and that the
 1954  owner or lienholder, if any, has the right to a hearing as set
 1955  forth in subsection (5), and that any vehicle or vessel which
 1956  remains unclaimed, or for which the charges for recovery,
 1957  towing, or storage services remain unpaid, may be sold free of
 1958  all prior liens after 35 days if the vehicle or vessel is more
 1959  than 3 years of age or after 50 days if the vehicle or vessel is
 1960  3 years of age or less.
 1961         (d) If attempts to locate the name and address of the owner
 1962  or lienholder prove unsuccessful, the towing-storage operator
 1963  shall, after 7 working days, excluding Saturday and Sunday, of
 1964  the initial tow or storage, notify the public agency of
 1965  jurisdiction where the vehicle or vessel is stored in writing by
 1966  certified mail or acknowledged hand delivery that the towing
 1967  storage company has been unable to locate the name and address
 1968  of the owner or lienholder and a physical search of the vehicle
 1969  or vessel has disclosed no ownership information and a good
 1970  faith effort has been made, including records checks of the
 1971  Department of Highway Safety and Motor Vehicles database and the
 1972  National Motor Vehicle Title Information System or an equivalent
 1973  commercially available system. As used in For purposes of this
 1974  paragraph and subsection (9), the term “good faith effort” means
 1975  that the following checks have been performed by the company to
 1976  establish prior state of registration and for title:
 1977         1. Check of the Department of Highway Safety and Motor
 1978  Vehicles database for the owner and any lienholder.
 1979         2. Check of the electronic National Motor Vehicle Title
 1980  Information System or an equivalent commercially available
 1981  system to determine the state of registration when there is not
 1982  a current registration record for the vehicle on file with the
 1983  Department of Highway Safety and Motor Vehicles.
 1984         3. Check of vehicle or vessel for any type of tag, tag
 1985  record, temporary tag, or regular tag.
 1986         4. Check of law enforcement report for tag number or other
 1987  information identifying the vehicle or vessel, if the vehicle or
 1988  vessel was towed at the request of a law enforcement officer.
 1989         5. Check of trip sheet or tow ticket of tow truck operator
 1990  to see if a tag was on vehicle or vessel at beginning of tow, if
 1991  private tow.
 1992         6. If there is no address of the owner on the impound
 1993  report, check of law enforcement report to see if an out-of
 1994  state address is indicated from driver license information.
 1995         7. Check of vehicle or vessel for inspection sticker or
 1996  other stickers and decals that may indicate a state of possible
 1997  registration.
 1998         8. Check of the interior of the vehicle or vessel for any
 1999  papers that may be in the glove box, trunk, or other areas for a
 2000  state of registration.
 2001         9. Check of vehicle for vehicle identification number.
 2002         10. Check of vessel for vessel registration number.
 2003         11. Check of vessel hull for a hull identification number,
 2004  which should be carved, burned, stamped, embossed, or otherwise
 2005  permanently affixed to the outboard side of the transom or, if
 2006  there is no transom, to the outmost seaboard side at the end of
 2007  the hull that bears the rudder or other steering mechanism.
 2008         Section 55. Paragraph (a) of subsection (1), paragraph (c)
 2009  of subsection (7), paragraphs (a), (b), and (c) of subsection
 2010  (8), and subsections (9) and (10) of section 817.234, Florida
 2011  Statutes, are amended to read:
 2012         817.234 False and fraudulent insurance claims.—
 2013         (1)(a) A person commits insurance fraud punishable as
 2014  provided in subsection (11) if that person, with the intent to
 2015  injure, defraud, or deceive any insurer:
 2016         1. Presents or causes to be presented any written or oral
 2017  statement as part of, or in support of, a claim for payment or
 2018  other benefit pursuant to an insurance policy or a health
 2019  maintenance organization subscriber or provider contract,
 2020  knowing that such statement contains any false, incomplete, or
 2021  misleading information concerning any fact or thing material to
 2022  such claim;
 2023         2. Prepares or makes any written or oral statement that is
 2024  intended to be presented to an any insurer in connection with,
 2025  or in support of, any claim for payment or other benefit
 2026  pursuant to an insurance policy or a health maintenance
 2027  organization subscriber or provider contract, knowing that such
 2028  statement contains any false, incomplete, or misleading
 2029  information concerning any fact or thing material to such claim;
 2030         3.a. Knowingly presents, causes to be presented, or
 2031  prepares or makes with knowledge or belief that it will be
 2032  presented to an any insurer, purported insurer, servicing
 2033  corporation, insurance broker, or insurance agent, or any
 2034  employee or agent thereof, any false, incomplete, or misleading
 2035  information or written or oral statement as part of, or in
 2036  support of, an application for the issuance of, or the rating
 2037  of, any insurance policy, or a health maintenance organization
 2038  subscriber or provider contract; or
 2039         b. Knowingly conceals information concerning any fact
 2040  material to such application; or
 2041         4. Knowingly presents, causes to be presented, or prepares
 2042  or makes with knowledge or belief that it will be presented to
 2043  any insurer a claim for payment or other benefit under a motor
 2044  vehicle personal injury protection insurance policy if the
 2045  person knows that the payee knowingly submitted a false,
 2046  misleading, or fraudulent application or other document when
 2047  applying for licensure as a health care clinic, seeking an
 2048  exemption from licensure as a health care clinic, or
 2049  demonstrating compliance with part X of chapter 400.
 2050         (7)
 2051         (c) An insurer, or any person acting at the direction of or
 2052  on behalf of an insurer, may not change an opinion in a mental
 2053  or physical report prepared under s. 627.736(7) or direct the
 2054  physician preparing the report to change such opinion; however,
 2055  this provision does not preclude the insurer from calling to the
 2056  attention of the physician errors of fact in the report based
 2057  upon information in the claim file. Any person who violates this
 2058  paragraph commits a felony of the third degree, punishable as
 2059  provided in s. 775.082, s. 775.083, or s. 775.084.
 2060         (8)(a) It is unlawful for any person intending to defraud
 2061  any other person to solicit or cause to be solicited any
 2062  business from a person involved in a motor vehicle accident for
 2063  the purpose of making, adjusting, or settling motor vehicle tort
 2064  claims or claims for personal injury protection benefits
 2065  required by s. 627.736. Any person who violates the provisions
 2066  of this paragraph commits a felony of the second degree,
 2067  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2068  A person who is convicted of a violation of this subsection
 2069  shall be sentenced to a minimum term of imprisonment of 2 years.
 2070         (b) A person may not solicit or cause to be solicited any
 2071  business from a person involved in a motor vehicle accident by
 2072  any means of communication other than advertising directed to
 2073  the public for the purpose of making motor vehicle tort claims
 2074  or claims for personal injury protection benefits required by s.
 2075  627.736, within 60 days after the occurrence of the motor
 2076  vehicle accident. Any person who violates this paragraph commits
 2077  a felony of the third degree, punishable as provided in s.
 2078  775.082, s. 775.083, or s. 775.084.
 2079         (c) A lawyer, health care practitioner as defined in s.
 2080  456.001, or owner or medical director of a clinic required to be
 2081  licensed pursuant to s. 400.9905 may not, at any time after 60
 2082  days have elapsed from the occurrence of a motor vehicle
 2083  accident, solicit or cause to be solicited any business from a
 2084  person involved in a motor vehicle accident by means of in
 2085  person or telephone contact at the person’s residence, for the
 2086  purpose of making motor vehicle tort claims or claims for
 2087  personal injury protection benefits required by s. 627.736. Any
 2088  person who violates this paragraph commits a felony of the third
 2089  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2090  775.084.
 2091         (9) A person may not organize, plan, or knowingly
 2092  participate in an intentional motor vehicle crash or a scheme to
 2093  create documentation of a motor vehicle crash that did not occur
 2094  for the purpose of making motor vehicle tort claims or claims
 2095  for personal injury protection benefits as required by s.
 2096  627.736. Any person who violates this subsection commits a
 2097  felony of the second degree, punishable as provided in s.
 2098  775.082, s. 775.083, or s. 775.084. A person who is convicted of
 2099  a violation of this subsection shall be sentenced to a minimum
 2100  term of imprisonment of 2 years.
 2101         (10) A licensed health care practitioner who is found
 2102  guilty of insurance fraud under this section for an act relating
 2103  to a motor vehicle personal injury protection insurance policy
 2104  loses his or her license to practice for 5 years and may not
 2105  receive reimbursement for bodily personal injury liability
 2106  protection benefits for 10 years.
 2107         Section 56. Applicability; notice to policyholders.—
 2108         (1) As used in this section, the term “minimum security
 2109  requirements” means security that enables a person to respond in
 2110  damages for liability on account of accidents arising out of the
 2111  use of a motor vehicle in the amount of $10,000 for damage to,
 2112  or destruction of, property of others in any one crash; in the
 2113  amount of $25,000 for bodily injury to, or the death of, one
 2114  person in any one crash; and, subject to such limits for one
 2115  person, in the amount of $50,000 for bodily injury to, or the
 2116  death of, two or more persons in any one crash.
 2117         (2) Effective January 1, 2016:
 2118         (a) Motor vehicle insurance policies issued or renewed on
 2119  or after that date may not include personal injury protection.
 2120         (b) Any person subject to ss. 324.022 and 627.733, Florida
 2121  Statutes, must maintain at least minimum security requirements.
 2122         (c) Any new or renewal motor vehicle insurance policy
 2123  delivered or issued for delivery in this state must provide
 2124  coverage that complies with minimum security requirements.
 2125         (d) An existing motor vehicle insurance policy issued
 2126  before that date that provides personal injury protection and
 2127  property damage liability coverage that meet the requirements of
 2128  ss. 324.022 and 627.733, Florida Statutes, on December 31, 2015,
 2129  but that does not meet minimum security requirements on or after
 2130  January 1, 2016, is deemed to meet the security requirements of
 2131  ss. 324.022 and 627.733, Florida Statutes, until such policy is
 2132  renewed, nonrenewed, or canceled on or after January 1, 2016.
 2133         (3) Each insurer shall allow each insured who has a new or
 2134  renewal policy providing personal injury protection, which
 2135  becomes effective before January 1, 2016, and whose policy does
 2136  not meet minimum security requirements on or after January 1,
 2137  2016, to change coverages so as to eliminate personal injury
 2138  protection and obtain coverage providing minimum security
 2139  requirements, which shall be effective on or after January 1,
 2140  2016. The insurer is not required to provide coverage complying
 2141  with minimum security requirements in such policies if the
 2142  insured does not pay the required premium, if any, by January 1,
 2143  2016, or such later date as the insurer may allow. Any reduction
 2144  in the premium must be refunded by the insurer. The insurer may
 2145  not impose an additional fee or charge on the insured, which
 2146  applies solely to a change in coverage; however, the insurer may
 2147  charge an additional required premium that is actuarially
 2148  indicated.
 2149         (4) By September 1, 2015, each motor vehicle insurer shall
 2150  provide notice of the provisions of this section to each motor
 2151  vehicle policyholder who is subject to this section. The notice
 2152  is subject to approval by the Office of Insurance Regulation and
 2153  must clearly inform the policyholder that:
 2154         (a) The Florida Motor Vehicle No-Fault Law is repealed,
 2155  effective January 1, 2016, and that on or after that date, the
 2156  insured is no longer required to maintain personal injury
 2157  protection insurance coverage, that personal injury protection
 2158  coverage is no longer available for purchase in this state, and
 2159  that all new or renewal policies issued on or after that date do
 2160  not contain such coverage.
 2161         (b) Effective January 1, 2016, a person subject to the
 2162  financial responsibility requirements of s. 324.022, Florida
 2163  Statutes, must maintain minimum security requirements that
 2164  enable the person to respond in damages for liability on account
 2165  of accidents arising out of the use of a motor vehicle in the
 2166  amount of $10,000 for damage to, or destruction of, property of
 2167  others in any one crash; in the amount of $25,000 for bodily
 2168  injury to, or the death of, one person in any one crash; and,
 2169  subject to such limits for one person, in the amount of $50,000
 2170  for bodily injury to, or the death of, two or more persons in
 2171  any one crash.
 2172         (c) Personal injury protection insurance pays covered
 2173  medical expenses for injuries sustained in the motor vehicle
 2174  crash by the policyholder, passengers, and relatives residing in
 2175  the policyholder’s household.
 2176         (d) Bodily injury liability coverage protects the insured,
 2177  up to the coverage limits, against loss if the insured is
 2178  legally responsible for the death of or bodily injury to others
 2179  in a motor vehicle accident.
 2180         (e) The policyholder may be able to obtain medical payments
 2181  coverage that pays covered medical expenses for injuries
 2182  sustained in a motor vehicle crash by the policyholder and
 2183  relatives residing in the policyholder’s household, but that
 2184  such coverage is not required under state law.
 2185         (f) Policyholders whose insurance policies do not contain
 2186  bodily injury liability coverage are without coverage that
 2187  protects against loss if the policyholder is legally responsible
 2188  for the death or bodily injury of others in a motor vehicle
 2189  accident.
 2190         (g) Underinsured motorist coverage provides benefits up to
 2191  the limits of such coverage to a policyholder or other insured
 2192  under the policy who is entitled to recover damages from owners
 2193  or operators of uninsured or underinsured motor vehicles because
 2194  of bodily injury, sickness, disease, or death in a motor vehicle
 2195  accident.
 2196         (h) If the policyholder’s new or renewal motor vehicle
 2197  insurance policy is effective before January 1, 2016, and
 2198  contains personal injury protection and property damage
 2199  liability coverage as required by state law before January 1,
 2200  2016, but does not meet minimum security requirements on or
 2201  after January 1, 2016, the policy is deemed to meet minimum
 2202  security requirements until it is renewed, nonrenewed, or
 2203  canceled on or after January 1, 2016.
 2204         (i) A policyholder whose new or renewal policy becomes
 2205  effective before January 1, 2016, but does not meet minimum
 2206  security requirements on or after January 1, 2016, may change
 2207  coverages under the policy so as to eliminate personal injury
 2208  protection and to obtain coverage providing minimum security
 2209  requirements, including bodily injury liability coverage, which
 2210  are effective on or after January 1, 2016.
 2211         (j) If the policyholder has any questions, he or she should
 2212  contact the name and phone number provided in the notice.
 2213         (5) This section shall take effect upon this act becoming a
 2214  law.
 2215         Section 57. Application of suspensions for failure to
 2216  maintain security; reinstatement.—All suspensions for failure to
 2217  maintain required security as required by law in effect before
 2218  January 1, 2016, remain in full force and effect after the
 2219  effective date of this act. A driver may reinstate a suspended
 2220  driver license or registration as provided under s. 324.0221,
 2221  Florida Statutes.
 2222         Section 58. Except as otherwise expressly provided in this
 2223  act and except for this section, which shall take effect upon
 2224  this act becoming a law, this act shall take effect January 1,
 2225  2016.