Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 150
       
       
       
       
       
       
                                Ì244072ÅÎ244072                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  02/28/2018           .                                
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       Appropriations Subcommittee on Health and Human Services (Lee)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Sections 627.730, 627.731, 627.7311, 627.732,
    6  627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,
    7  and 627.7405, Florida Statutes, which comprise the Florida Motor
    8  Vehicle No-Fault Law, are repealed.
    9         Section 2. Section 627.7407, Florida Statutes, is repealed.
   10         Section 3. Subsection (1) of section 316.646, Florida
   11  Statutes, is amended to read:
   12         316.646 Security required; proof of security and display
   13  thereof.—
   14         (1) Any person required by s. 324.022 to maintain liability
   15  security for property damage, liability security, required by s.
   16  324.023 to maintain liability security for bodily injury, or
   17  death, or required by s. 627.733 to maintain personal injury
   18  protection security on a motor vehicle shall have in his or her
   19  immediate possession at all times while operating such motor
   20  vehicle proper proof of maintenance of the required security
   21  required under s. 324.021(7).
   22         (a) Such proof must shall be in a uniform paper or
   23  electronic format, as prescribed by the department, a valid
   24  insurance policy, an insurance policy binder, a certificate of
   25  insurance, or such other proof as may be prescribed by the
   26  department.
   27         (b)1. The act of presenting to a law enforcement officer an
   28  electronic device displaying proof of insurance in an electronic
   29  format does not constitute consent for the officer to access any
   30  information on the device other than the displayed proof of
   31  insurance.
   32         2. The person who presents the device to the officer
   33  assumes the liability for any resulting damage to the device.
   34         Section 4. Paragraph (b) of subsection (2) of section
   35  318.18, Florida Statutes, is amended to read:
   36         318.18 Amount of penalties.—The penalties required for a
   37  noncriminal disposition pursuant to s. 318.14 or a criminal
   38  offense listed in s. 318.17 are as follows:
   39         (2) Thirty dollars for all nonmoving traffic violations
   40  and:
   41         (b) For all violations of ss. 320.0605, 320.07(1), 322.065,
   42  and 322.15(1). A Any person who is cited for a violation of s.
   43  320.07(1) shall be charged a delinquent fee pursuant to s.
   44  320.07(4).
   45         1. If a person who is cited for a violation of s. 320.0605
   46  or s. 320.07 can show proof of having a valid registration at
   47  the time of arrest, the clerk of the court may dismiss the case
   48  and may assess a dismissal fee of up to $10. A person who finds
   49  it impossible or impractical to obtain a valid registration
   50  certificate must submit an affidavit detailing the reasons for
   51  the impossibility or impracticality. The reasons may include,
   52  but are not limited to, the fact that the vehicle was sold,
   53  stolen, or destroyed; that the state in which the vehicle is
   54  registered does not issue a certificate of registration; or that
   55  the vehicle is owned by another person.
   56         2. If a person who is cited for a violation of s. 322.03,
   57  s. 322.065, or s. 322.15 can show a driver license issued to him
   58  or her and valid at the time of arrest, the clerk of the court
   59  may dismiss the case and may assess a dismissal fee of up to
   60  $10.
   61         3. If a person who is cited for a violation of s. 316.646
   62  can show proof of security as required by s. 324.021(7) s.
   63  627.733, issued to the person and valid at the time of arrest,
   64  the clerk of the court may dismiss the case and may assess a
   65  dismissal fee of up to $10. A person who finds it impossible or
   66  impractical to obtain proof of security must submit an affidavit
   67  detailing the reasons for the impracticality. The reasons may
   68  include, but are not limited to, the fact that the vehicle has
   69  since been sold, stolen, or destroyed; that the owner or
   70  registrant of the vehicle is not required by s. 627.733 to
   71  maintain personal injury protection insurance; or that the
   72  vehicle is owned by another person.
   73         Section 5. Paragraphs (a) and (d) of subsection (5) of
   74  section 320.02, Florida Statutes, are amended to read:
   75         320.02 Registration required; application for registration;
   76  forms.—
   77         (5)(a) Proof that bodily injury liability coverage and
   78  property damage liability coverage personal injury protection
   79  benefits have been purchased if required under s. 324.022, s.
   80  324.032, or s. 627.742, that medical payments coverage has been
   81  purchased if required under s. 627.7265 s. 627.733, that
   82  property damage liability coverage has been purchased as
   83  required under s. 324.022, that bodily injury liability or death
   84  coverage has been purchased if required under s. 324.023, and
   85  that combined bodily liability insurance and property damage
   86  liability insurance have been purchased if required under s.
   87  627.7415 must shall be provided in the manner prescribed by law
   88  by the applicant at the time of application for registration of
   89  any motor vehicle that is subject to such requirements. The
   90  issuing agent may not shall refuse to issue registration if such
   91  proof of purchase is not provided. Insurers shall furnish
   92  uniform proof-of-purchase cards in a paper or electronic format
   93  in a form prescribed by the department and include the name of
   94  the insured’s insurance company, the coverage identification
   95  number, and the make, year, and vehicle identification number of
   96  the vehicle insured. The card must contain a statement notifying
   97  the applicant of the penalty specified under s. 316.646(4). The
   98  card or insurance policy, insurance policy binder, or
   99  certificate of insurance or a photocopy of any of these; an
  100  affidavit containing the name of the insured’s insurance
  101  company, the insured’s policy number, and the make and year of
  102  the vehicle insured; or such other proof as may be prescribed by
  103  the department constitutes shall constitute sufficient proof of
  104  purchase. If an affidavit is provided as proof, it must be in
  105  substantially the following form:
  106  
  107  Under penalty of perjury, I ...(Name of insured)... do hereby
  108  certify that I have ...(bodily injury liability and Personal
  109  Injury Protection, property damage liability coverage, and
  110  medical payments coverage, and, if required, Bodily Injury
  111  Liability)... Insurance currently in effect with ...(Name of
  112  insurance company)... under ...(policy number)... covering
  113  ...(make, year, and vehicle identification number of
  114  vehicle).... ...(Signature of Insured)...
  115  
  116  Such affidavit must include the following warning:
  117  
  118  WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
  119  REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
  120  LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
  121  SUBJECT TO PROSECUTION.
  122  
  123  If an application is made through a licensed motor vehicle
  124  dealer as required under s. 319.23, the original or a photocopy
  125  photostatic copy of such card, insurance policy, insurance
  126  policy binder, or certificate of insurance or the original
  127  affidavit from the insured must shall be forwarded by the dealer
  128  to the tax collector of the county or the Department of Highway
  129  Safety and Motor Vehicles for processing. By executing the
  130  aforesaid affidavit, a no licensed motor vehicle dealer is not
  131  will be liable in damages for any inadequacy, insufficiency, or
  132  falsification of any statement contained therein. A card must
  133  also indicate the existence of any bodily injury liability
  134  insurance voluntarily purchased.
  135         (d) The verifying of proof of personal injury protection
  136  insurance, proof of property damage liability insurance, proof
  137  of combined bodily liability insurance and property damage
  138  liability insurance, or proof of financial responsibility
  139  insurance and the issuance or failure to issue the motor vehicle
  140  registration under the provisions of this chapter may not be
  141  construed in any court as a warranty of the reliability or
  142  accuracy of the evidence of such proof, or that the provisions
  143  of any insurance policy furnished as proof of financial
  144  responsibility comply with state law. Neither The department or
  145  nor any tax collector is not liable in damages for any
  146  inadequacy, insufficiency, falsification, or unauthorized
  147  modification of any item of the proof of personal injury
  148  protection insurance, proof of property damage liability
  149  insurance, proof of combined bodily liability insurance and
  150  property damage liability insurance, or proof of financial
  151  responsibility before insurance prior to, during, or subsequent
  152  to the verification of the proof. The issuance of a motor
  153  vehicle registration does not constitute prima facie evidence or
  154  a presumption of insurance coverage.
  155         Section 6. Paragraph (b) of subsection (1) of section
  156  320.0609, Florida Statutes, is amended to read:
  157         320.0609 Transfer and exchange of registration license
  158  plates; transfer fee.—
  159         (1)
  160         (b) The transfer of a license plate from a vehicle disposed
  161  of to a newly acquired vehicle does not constitute a new
  162  registration. The application for transfer shall be accepted
  163  without requiring proof of personal injury protection or
  164  liability insurance.
  165         Section 7. Paragraph (g) is added to subsection (1) of
  166  section 320.27, Florida Statutes, and subsection (3) of that
  167  section is amended, to read:
  168         320.27 Motor vehicle dealers.—
  169         (1) DEFINITIONS.—The following words, terms, and phrases
  170  when used in this section have the meanings respectively
  171  ascribed to them in this subsection, except where the context
  172  clearly indicates a different meaning:
  173         (g)“Garage liability insurance” means combined single
  174  limit liability coverage, including property damage and bodily
  175  injury liability coverage, in the amount of:
  176         1. Beginning January 1, 2019, and continuing through
  177  December 31, 2020, at least $50,000.
  178         2. Beginning January 1, 2021, and thereafter, at least
  179  $60,000.
  180         (3) APPLICATION AND FEE.—The application for the license
  181  application must shall be in such form as may be prescribed by
  182  the department and is shall be subject to such rules with
  183  respect thereto as may be so prescribed by the department it.
  184  Such application must shall be verified by oath or affirmation
  185  and must shall contain a full statement of the name and birth
  186  date of the person or persons applying for the license therefor;
  187  the name of the firm or copartnership, with the names and places
  188  of residence of all members thereof, if such applicant is a firm
  189  or copartnership; the names and places of residence of the
  190  principal officers, if the applicant is a body corporate or
  191  other artificial body; the name of the state under whose laws
  192  the corporation is organized; the present and former place or
  193  places of residence of the applicant; and the prior business in
  194  which the applicant has been engaged and its the location
  195  thereof. The Such application must shall describe the exact
  196  location of the place of business and must shall state whether
  197  the place of business is owned by the applicant and when
  198  acquired, or, if leased, a true copy of the lease must shall be
  199  attached to the application. The applicant shall certify that
  200  the location provides an adequately equipped office and is not a
  201  residence; that the location affords sufficient unoccupied space
  202  upon and within which adequately to store all motor vehicles
  203  offered and displayed for sale; and that the location is a
  204  suitable place where the applicant can in good faith carry on
  205  such business and keep and maintain books, records, and files
  206  necessary to conduct such business, which must shall be
  207  available at all reasonable hours to inspection by the
  208  department or any of its inspectors or other employees. The
  209  applicant shall certify that the business of a motor vehicle
  210  dealer is the principal business that will which shall be
  211  conducted at that location. The application must shall contain a
  212  statement that the applicant is either franchised by a
  213  manufacturer of motor vehicles, in which case the name of each
  214  motor vehicle that the applicant is franchised to sell must
  215  shall be included, or an independent (nonfranchised) motor
  216  vehicle dealer. The application must shall contain other
  217  relevant information as may be required by the department. The
  218  applicant must furnish, including evidence, in a form approved
  219  by the department, that the applicant is insured under a garage
  220  liability insurance policy or a general liability insurance
  221  policy coupled with a business automobile policy having the
  222  garage liability insurance coverage required by this subsection,
  223  which shall include, at a minimum, $25,000 combined single-limit
  224  liability coverage including bodily injury and property damage
  225  protection and $10,000 personal injury protection. However, a
  226  salvage motor vehicle dealer as defined in subparagraph (1)(c)5.
  227  is exempt from the requirements for garage liability insurance
  228  and medical payments coverage insurance and personal injury
  229  protection insurance on those vehicles that cannot be legally
  230  operated on roads, highways, or streets in this state. Franchise
  231  dealers must submit a garage liability insurance policy, and all
  232  other dealers must submit a garage liability insurance policy or
  233  a general liability insurance policy coupled with a business
  234  automobile policy. Such policy must shall be for the license
  235  period, and evidence of a new or continued policy must shall be
  236  delivered to the department at the beginning of each license
  237  period. Upon making an initial application, the applicant shall
  238  pay to the department a fee of $300 in addition to any other
  239  fees required by law. Applicants may choose to extend the
  240  licensure period for 1 additional year for a total of 2 years.
  241  An initial applicant shall pay to the department a fee of $300
  242  for the first year and $75 for the second year, in addition to
  243  any other fees required by law. An applicant for renewal shall
  244  pay to the department $75 for a 1-year renewal or $150 for a 2
  245  year renewal, in addition to any other fees required by law.
  246  Upon making an application for a change of location, the
  247  applicant person shall pay a fee of $50 in addition to any other
  248  fees now required by law. The department shall, in the case of
  249  every application for initial licensure, verify whether certain
  250  facts set forth in the application are true. Each applicant,
  251  general partner in the case of a partnership, or corporate
  252  officer and director in the case of a corporate applicant shall,
  253  must file a set of fingerprints with the department for the
  254  purpose of determining any prior criminal record or any
  255  outstanding warrants. The department shall submit the
  256  fingerprints to the Department of Law Enforcement for state
  257  processing and forwarding to the Federal Bureau of Investigation
  258  for federal processing. The actual cost of state and federal
  259  processing must shall be borne by the applicant and is in
  260  addition to the fee for licensure. The department may issue a
  261  license to an applicant pending the results of the fingerprint
  262  investigation, which license is fully revocable if the
  263  department subsequently determines that any facts set forth in
  264  the application are not true or correctly represented.
  265         Section 8. Paragraph (j) of subsection (3) of section
  266  320.771, Florida Statutes, is amended to read:
  267         320.771 License required of recreational vehicle dealers.—
  268         (3) APPLICATION.—The application for such license shall be
  269  in the form prescribed by the department and subject to such
  270  rules as may be prescribed by it. The application shall be
  271  verified by oath or affirmation and shall contain:
  272         (j) A statement that the applicant is insured under a
  273  garage liability insurance policy in accordance with s.
  274  320.27(1)(g), which shall include, at a minimum, $25,000
  275  combined single-limit liability coverage, including bodily
  276  injury and property damage protection, and $10,000 personal
  277  injury protection, if the applicant is to be licensed as a
  278  dealer in, or intends to sell, recreational vehicles.
  279  
  280  The department shall, if it deems necessary, cause an
  281  investigation to be made to ascertain if the facts set forth in
  282  the application are true and shall not issue a license to the
  283  applicant until it is satisfied that the facts set forth in the
  284  application are true.
  285         Section 9. Subsections (1) and (2) of section 322.251,
  286  Florida Statutes, are amended to read:
  287         322.251 Notice of cancellation, suspension, revocation, or
  288  disqualification of license.—
  289         (1) All orders of cancellation, suspension, revocation, or
  290  disqualification issued under the provisions of this chapter,
  291  chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall
  292  be given either by personal delivery thereof to the licensee
  293  whose license is being canceled, suspended, revoked, or
  294  disqualified or by deposit in the United States mail in an
  295  envelope, first class, postage prepaid, addressed to the
  296  licensee at his or her last known mailing address furnished to
  297  the department. Such mailing by the department constitutes
  298  notification, and any failure by the person to receive the
  299  mailed order will not affect or stay the effective date or term
  300  of the cancellation, suspension, revocation, or disqualification
  301  of the licensee’s driving privilege.
  302         (2) The giving of notice and an order of cancellation,
  303  suspension, revocation, or disqualification by mail is complete
  304  upon expiration of 20 days after deposit in the United States
  305  mail for all notices except those issued under chapter 324 or
  306  ss. 627.732–627.734, which are complete 15 days after deposit in
  307  the United States mail. Proof of the giving of notice and an
  308  order of cancellation, suspension, revocation, or
  309  disqualification in either manner must shall be made by entry in
  310  the records of the department that such notice was given. The
  311  entry is admissible in the courts of this state and constitutes
  312  sufficient proof that such notice was given.
  313         Section 10. Paragraph (a) of subsection (8) of section
  314  322.34, Florida Statutes, is amended to read:
  315         322.34 Driving while license suspended, revoked, canceled,
  316  or disqualified.—
  317         (8)(a) Upon the arrest of a person for the offense of
  318  driving while the person’s driver license or driving privilege
  319  is suspended or revoked, the arresting officer shall determine:
  320         1. Whether the person’s driver license is suspended or
  321  revoked.
  322         2. Whether the person’s driver license has remained
  323  suspended or revoked since a conviction for the offense of
  324  driving with a suspended or revoked license.
  325         3. Whether the suspension or revocation was made under s.
  326  316.646 or s. 627.733, relating to failure to maintain required
  327  security, or under s. 322.264, relating to habitual traffic
  328  offenders.
  329         4. Whether the driver is the registered owner or coowner of
  330  the vehicle.
  331         Section 11. Section 324.011, Florida Statutes, is amended
  332  to read:
  333         324.011 Legislative intent and purpose of chapter.—It is
  334  the Legislature’s intent of this chapter to ensure that the
  335  privilege of owning or operating a motor vehicle in this state
  336  be exercised recognize the existing privilege to own or operate
  337  a motor vehicle on the public streets and highways of this state
  338  when such vehicles are used with due consideration for others’
  339  safety others and their property, and to promote safety, and to
  340  provide financial security requirements for such owners and or
  341  operators whose responsibility it is to recompense others for
  342  injury to person or property caused by the operation of a motor
  343  vehicle. Therefore, this chapter requires that every owner or
  344  operator of a motor vehicle required to be registered in this
  345  state establish, maintain, and it is required herein that the
  346  operator of a motor vehicle involved in a crash or convicted of
  347  certain traffic offenses meeting the operative provisions of s.
  348  324.051(2) shall respond for such damages and show proof of
  349  financial ability to respond for damages arising out of the
  350  ownership, maintenance, or use of a motor vehicle in future
  351  accidents as a requisite to owning or operating a motor vehicle
  352  in this state his or her future exercise of such privileges.
  353         Section 12. Subsections (1) and (7) and paragraph (c) of
  354  subsection (9) of section 324.021, Florida Statutes, are
  355  amended, and subsection (12) is added to that section, to read:
  356         324.021 Definitions; minimum insurance required.—The
  357  following words and phrases when used in this chapter shall, for
  358  the purpose of this chapter, have the meanings respectively
  359  ascribed to them in this section, except in those instances
  360  where the context clearly indicates a different meaning:
  361         (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
  362  designed and required to be licensed for use upon a highway,
  363  including trailers and semitrailers designed for use with such
  364  vehicles, except traction engines, road rollers, farm tractors,
  365  power shovels, and well drillers, and every vehicle that is
  366  propelled by electric power obtained from overhead wires but not
  367  operated upon rails, but not including any personal delivery
  368  device as defined in s. 316.003, bicycle, or moped. However, the
  369  term “motor vehicle” does not include a motor vehicle as defined
  370  in s. 627.732(3) when the owner of such vehicle has complied
  371  with the requirements of ss. 627.730-627.7405, inclusive, unless
  372  the provisions of s. 324.051 apply; and, in such case, the
  373  applicable proof of insurance provisions of s. 320.02 apply.
  374         (7) PROOF OF FINANCIAL RESPONSIBILITY.—That Proof of
  375  ability to respond in damages for liability on account of
  376  crashes arising out of the ownership, maintenance, or use of a
  377  motor vehicle:
  378         (a) With respect to a motor vehicle that is not a
  379  commercial motor vehicle, nonpublic sector bus, or for-hire
  380  passenger transportation vehicle:
  381         1.Beginning January 1, 2019, and continuing through
  382  December 31, 2020, in the amount of:
  383         a.Twenty thousand dollars for $10,000 because of bodily
  384  injury to, or the death of, one person in any one crash and,;
  385         (b) subject to such limits for one person, in the amount of
  386  $40,000 for $20,000 because of bodily injury to, or the death
  387  of, two or more persons in any one crash; and
  388         b.Ten thousand dollars for damage to, or destruction of,
  389  property of others in any one crash.
  390         2.Beginning January 1, 2021, and thereafter, in the amount
  391  of:
  392         a. Twenty-five thousand dollars for bodily injury to, or
  393  the death of, one person in any one crash and, subject to such
  394  limits for one person, in the amount of $50,000 for bodily
  395  injury to, or the death of, two or more persons in any one
  396  crash; and
  397         b.(c)Ten thousand dollars for damage In the amount of
  398  $10,000 because of injury to, or destruction of, property of
  399  others in any one crash.; and
  400         (b)(d) With respect to commercial motor vehicles and
  401  nonpublic sector buses, in the amounts specified in s. 627.7415
  402  ss. 627.7415 and 627.742, respectively.
  403         (c) With respect to nonpublic sector buses, in the amounts
  404  specified in s. 627.742.
  405         (d) With respect to for-hire passenger transportation
  406  vehicles, in the amounts specified in s. 324.032.
  407         (9) OWNER; OWNER/LESSOR.—
  408         (c) Application.—
  409         1. The limits on liability in subparagraphs (b)2. and 3. do
  410  not apply to an owner of motor vehicles that are used for
  411  commercial activity in the owner’s ordinary course of business,
  412  other than a rental company that rents or leases motor vehicles.
  413  For purposes of this paragraph, the term “rental company”
  414  includes only an entity that is engaged in the business of
  415  renting or leasing motor vehicles to the general public and that
  416  rents or leases a majority of its motor vehicles to persons with
  417  no direct or indirect affiliation with the rental company. The
  418  term also includes a motor vehicle dealer that provides
  419  temporary replacement vehicles to its customers for up to 10
  420  days. The term “rental company” also includes:
  421         a. A related rental or leasing company that is a subsidiary
  422  of the same parent company as that of the renting or leasing
  423  company that rented or leased the vehicle.
  424         b. The holder of a motor vehicle title or an equity
  425  interest in a motor vehicle title if the title or equity
  426  interest is held pursuant to or to facilitate an asset-backed
  427  securitization of a fleet of motor vehicles used solely in the
  428  business of renting or leasing motor vehicles to the general
  429  public and under the dominion and control of a rental company,
  430  as described in this subparagraph, in the operation of such
  431  rental company’s business.
  432         2. Furthermore, with respect to commercial motor vehicles
  433  as defined in s. 207.002 or s. 320.01 s. 627.732, the limits on
  434  liability in subparagraphs (b)2. and 3. do not apply if, at the
  435  time of the incident, the commercial motor vehicle is being used
  436  in the transportation of materials found to be hazardous for the
  437  purposes of the Hazardous Materials Transportation Authorization
  438  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is
  439  required pursuant to such act to carry placards warning others
  440  of the hazardous cargo, unless at the time of lease or rental
  441  either:
  442         a. The lessee indicates in writing that the vehicle will
  443  not be used to transport materials found to be hazardous for the
  444  purposes of the Hazardous Materials Transportation Authorization
  445  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
  446         b. The lessee or other operator of the commercial motor
  447  vehicle has in effect insurance with limits of at least $5
  448  million $5,000,000 combined property damage and bodily injury
  449  liability.
  450         (12) FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.Every “for
  451  hire vehicle” as defined in s. 320.01(15) which is offered or
  452  used to provide transportation for persons, including taxicabs,
  453  limousines, and jitneys.
  454         Section 13. Section 324.022, Florida Statutes, is amended
  455  to read:
  456         324.022 Financial responsibility requirements for property
  457  damage.—
  458         (1)(a) Every owner or operator of a motor vehicle required
  459  to be registered in this state shall establish and continuously
  460  maintain the ability to respond in damages for liability on
  461  account of accidents arising out of the use of the motor vehicle
  462  in the amount of:
  463         1. Beginning January 1, 2019, and continuing through
  464  December 31, 2020:
  465         a.Twenty thousand dollars for bodily injury to, or the
  466  death of, one person in any one crash and, subject to such
  467  limits for one person, in the amount of $40,000 for bodily
  468  injury to, or the death of, two or more persons in any one
  469  crash; and
  470         b. Ten thousand dollars for damage to, or destruction of,
  471  property of others in any one crash.
  472         2. Beginning January 1, 2021, and thereafter:
  473         a.Twenty-five thousand dollars for bodily injury to, or
  474  the death of, one person in any one crash and, subject to such
  475  limits for one person, in the amount of $50,000 for bodily
  476  injury to, or the death of, two or more persons in any one
  477  crash; and
  478         b. Ten thousand dollars for $10,000 because of damage to,
  479  or destruction of, property of others in any one crash.
  480         (b) The requirements of paragraph (a) this section may be
  481  met by one of the methods established in s. 324.031; by self
  482  insuring as authorized by s. 768.28(16); or by maintaining
  483  medical payments coverage under s. 627.7265 and a motor vehicle
  484  liability insurance policy that an insurance policy providing
  485  coverage for property damage liability in the amount of at least
  486  $10,000 because of damage to, or destruction of, property of
  487  others in any one accident arising out of the use of the motor
  488  vehicle. The requirements of this section may also be met by
  489  having a policy which provides combined property damage
  490  liability and bodily injury liability coverage for any one crash
  491  arising out of the ownership, maintenance, or use of a motor
  492  vehicle which conforms to the requirements of s. 324.151 in the
  493  amount of:
  494         1. At least $50,000 for every owner or operator subject to
  495  the financial responsibility required in subparagraph (1)(a)1.
  496         2. At least $60,000 for every owner or operator subject to
  497  the financial responsibility required in subparagraph (1)(a)2.
  498  $30,000 for combined property damage liability and bodily injury
  499  liability for any one crash arising out of the use of the motor
  500  vehicle. The policy, with respect to coverage for property
  501  damage liability, must meet the applicable requirements of s.
  502  324.151, subject to the usual policy exclusions that have been
  503  approved in policy forms by the Office of Insurance Regulation.
  504  No insurer shall have any duty to defend uncovered claims
  505  irrespective of their joinder with covered claims.
  506         (2) As used in this section, the term:
  507         (a) “Motor vehicle” means any self-propelled vehicle that
  508  has four or more wheels and that is of a type designed and
  509  required to be licensed for use on the highways of this state,
  510  and any trailer or semitrailer designed for use with such
  511  vehicle. The term does not include the following:
  512         1. A mobile home as defined in s. 320.01.
  513         2. A motor vehicle that is used in mass transit and
  514  designed to transport more than five passengers, exclusive of
  515  the operator of the motor vehicle, and that is owned by a
  516  municipality, transit authority, or political subdivision of the
  517  state.
  518         3. A school bus as defined in s. 1006.25, which shall
  519  maintain security as required under s. 316.615.
  520         4. A commercial motor vehicle as defined in s. 207.002 or
  521  s. 320.01, which shall maintain security as required under ss.
  522  324.031 and 627.7415.
  523         5. A nonpublic sector bus, which shall maintain security as
  524  required under ss. 324.031 and 627.742.
  525         6.4. A vehicle providing for-hire passenger transportation
  526  vehicle, which that is subject to the provisions of s. 324.031.
  527  A taxicab shall maintain security as required under s. 324.032
  528  s. 324.032(1).
  529         7.5. A personal delivery device as defined in s. 316.003.
  530         (b) “Owner” means the person who holds legal title to a
  531  motor vehicle or the debtor or lessee who has the right to
  532  possession of a motor vehicle that is the subject of a security
  533  agreement or lease with an option to purchase.
  534         (3) Each nonresident owner or registrant of a motor vehicle
  535  that, whether operated or not, has been physically present
  536  within this state for more than 90 days during the preceding 365
  537  days shall maintain security as required by subsection (1). The
  538  security must be that is in effect continuously throughout the
  539  period the motor vehicle remains within this state.
  540         (4) An The owner or registrant of a motor vehicle who is
  541  exempt from the requirements of this section if she or he is a
  542  member of the United States Armed Forces and is called to or on
  543  active duty outside the United States in an emergency situation
  544  is exempt from this section while he or she. The exemption
  545  provided by this subsection applies only as long as the member
  546  of the Armed Forces is on such active duty. This exemption
  547  outside the United States and applies only while the vehicle
  548  covered by the security is not operated by any person. Upon
  549  receipt of a written request by the insured to whom the
  550  exemption provided in this subsection applies, the insurer shall
  551  cancel the coverages and return any unearned premium or suspend
  552  the security required by this section. Notwithstanding s.
  553  324.0221(2) s. 324.0221(3), the department may not suspend the
  554  registration or operator’s license of an any owner or registrant
  555  of a motor vehicle during the time she or he qualifies for the
  556  an exemption under this subsection. An Any owner or registrant
  557  of a motor vehicle who qualifies for the an exemption under this
  558  subsection shall immediately notify the department before prior
  559  to and at the end of the expiration of the exemption.
  560         Section 14. Subsections (1) and (2) of section 324.0221,
  561  Florida Statutes, are amended to read:
  562         324.0221 Reports by insurers to the department; suspension
  563  of driver license and vehicle registrations; reinstatement.—
  564         (1)(a) Each insurer that has issued a policy providing
  565  medical payments coverage or personal injury protection coverage
  566  or property damage liability coverage shall report the
  567  cancellation or nonrenewal thereof to the department within 10
  568  days after the processing date or effective date of each
  569  cancellation or nonrenewal. Upon the issuance of a policy
  570  providing medical payments coverage or personal injury
  571  protection coverage or property damage liability coverage to a
  572  named insured not previously insured by the insurer during that
  573  calendar year, the insurer shall report the issuance of the new
  574  policy to the department within 10 days. The report must shall
  575  be in the form and format and contain any information required
  576  by the department and must be provided in a format that is
  577  compatible with the data processing capabilities of the
  578  department. Failure by an insurer to file proper reports with
  579  the department as required by this subsection constitutes a
  580  violation of the Florida Insurance Code. These records may shall
  581  be used by the department only for enforcement and regulatory
  582  purposes, including the generation by the department of data
  583  regarding compliance by owners of motor vehicles with the
  584  requirements for financial responsibility coverage.
  585         (b) With respect to an insurance policy providing medical
  586  payments coverage or personal injury protection coverage or
  587  property damage liability coverage, each insurer shall notify
  588  the named insured, or the first-named insured in the case of a
  589  commercial fleet policy, in writing that any cancellation or
  590  nonrenewal of the policy will be reported by the insurer to the
  591  department. The notice must also inform the named insured that
  592  failure to maintain medical payments coverage, bodily injury
  593  liability personal injury protection coverage, and property
  594  damage liability coverage on a motor vehicle when required by
  595  law may result in the loss of registration and driving
  596  privileges in this state and inform the named insured of the
  597  amount of the reinstatement fees required by this section. This
  598  notice is for informational purposes only, and an insurer is not
  599  civilly liable for failing to provide this notice.
  600         (2) The department shall suspend, after due notice and an
  601  opportunity to be heard, the registration and driver license of
  602  any owner or registrant of a motor vehicle for with respect to
  603  which security is required under s. 324.022, s. 324.032, s.
  604  627.7415, or s. 627.742 ss. 324.022 and 627.733 upon:
  605         (a) The department’s records showing that the owner or
  606  registrant of such motor vehicle did not have the in full force
  607  and effect when required security in full force and effect that
  608  complies with the requirements of ss. 324.022 and 627.733; or
  609         (b) Notification by the insurer to the department, in a
  610  form approved by the department, of cancellation or termination
  611  of the required security.
  612         Section 15. Section 324.023, Florida Statutes, is amended
  613  to read:
  614         324.023 Financial responsibility for bodily injury or
  615  death.—In addition to any other financial responsibility
  616  required by law, every owner or operator of a motor vehicle that
  617  is required to be registered in this state, or that is located
  618  within this state, and who, regardless of adjudication of guilt,
  619  has been found guilty of or entered a plea of guilty or nolo
  620  contendere to a charge of driving under the influence under s.
  621  316.193 after October 1, 2007, shall, by one of the methods
  622  established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2),
  623  establish and maintain the ability to respond in damages for
  624  liability on account of accidents arising out of the use of a
  625  motor vehicle in the amount of $100,000 because of bodily injury
  626  to, or death of, one person in any one crash and, subject to
  627  such limits for one person, in the amount of $300,000 because of
  628  bodily injury to, or death of, two or more persons in any one
  629  crash and in the amount of $50,000 because of property damage in
  630  any one crash. If the owner or operator chooses to establish and
  631  maintain such ability by furnishing a certificate of deposit
  632  pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of
  633  deposit must be at least $350,000. Such higher limits must be
  634  carried for a minimum period of 3 years. If the owner or
  635  operator has not been convicted of driving under the influence
  636  or a felony traffic offense for a period of 3 years from the
  637  date of reinstatement of driving privileges for a violation of
  638  s. 316.193, the owner or operator shall be exempt from this
  639  section.
  640         Section 16. Section 324.031, Florida Statutes, is amended
  641  to read:
  642         324.031 Manner of proving financial responsibility.—
  643         (1)The owner or operator of a taxicab, limousine, jitney,
  644  or any other for-hire passenger transportation vehicle may prove
  645  financial responsibility by providing satisfactory evidence of
  646  holding a motor vehicle liability policy as defined in s.
  647  324.021(8) or s. 324.151, which policy is issued by an insurance
  648  carrier which is a member of the Florida Insurance Guaranty
  649  Association. The operator or owner of a motor vehicle other than
  650  a for-hire passenger transportation vehicle any other vehicle
  651  may prove his or her financial responsibility by:
  652         (a)(1) Furnishing satisfactory evidence of holding a motor
  653  vehicle liability policy as defined in ss. 324.021(8) and
  654  324.151;
  655         (b)(2) Furnishing a certificate of self-insurance showing a
  656  deposit of cash in accordance with s. 324.161; or
  657         (c)(3) Furnishing a certificate of self-insurance issued by
  658  the department in accordance with s. 324.171.
  659         (2)(a) Any person, including any firm, partnership,
  660  association, corporation, or other person, other than a natural
  661  person, electing to use the method of proof specified in
  662  paragraph (1)(b) subsection (2) shall furnish a certificate of
  663  deposit equal to the number of vehicles owned times:
  664         1. Fifty thousand dollars, to a maximum of $200,000, from
  665  January 1, 2019, through December 31, 2020.
  666         2.Sixty thousand dollars $30,000, to a maximum of
  667  $240,000, from January 1, 2021, and thereafter. $120,000;
  668         (b) In addition, any such person, other than a natural
  669  person, shall maintain insurance providing coverage conforming
  670  to the requirements of s. 324.151 in excess of the amount of the
  671  certificate of deposit, with limits of at least:
  672         1. One hundred twenty-five thousand dollars for bodily
  673  injury to, or the death of, one person in any one crash and,
  674  subject to such limits for one person, in the amount of $250,000
  675  for bodily injury to, or the death of, two or more persons in
  676  any one crash, and $50,000 for damage to, or destruction of,
  677  property of others in any one crash; or $10,000/20,000/10,000 or
  678  $30,000 combined single limits, and such excess insurance shall
  679  provide minimum limits of $125,000/250,000/50,000 or $300,000
  680  combined single limits. These increased limits shall not affect
  681  the requirements for proving financial responsibility under s.
  682  324.032(1).
  683         2. Three hundred thousand dollars for combined bodily
  684  injury liability and property damage liability for any one
  685  crash.
  686         Section 17. Section 324.032, Florida Statutes, is amended
  687  to read:
  688         324.032 Manner of proving Financial responsibility for;
  689  for-hire passenger transportation vehicles.—Notwithstanding the
  690  provisions of s. 324.031:
  691         (1) An owner or lessee of a for-hire passenger
  692  transportation vehicle that is required to be registered in this
  693  state shall establish and continuously maintain the ability to
  694  respond in damages for liability on account of accidents arising
  695  out of the ownership, maintenance, or use of the for-hire
  696  passenger transportation vehicle, in the amount of:
  697         (a) One hundred twenty-five thousand dollars for bodily
  698  injury to, or the death of, one person in any one crash and,
  699  subject to such limits for one person, in the amount of $250,000
  700  for bodily injury to, or the death of, two or more persons in
  701  any one crash; and A person who is either the owner or a lessee
  702  required to maintain insurance under s. 627.733(1)(b) and who
  703  operates one or more taxicabs, limousines, jitneys, or any other
  704  for-hire passenger transportation vehicles may prove financial
  705  responsibility by furnishing satisfactory evidence of holding a
  706  motor vehicle liability policy, but with minimum limits of
  707  $125,000/250,000/50,000.
  708         (b) Fifty thousand dollars for damage to, or destruction
  709  of, property of others in any one crash A person who is either
  710  the owner or a lessee required to maintain insurance under s.
  711  324.021(9)(b) and who operates limousines, jitneys, or any other
  712  for-hire passenger vehicles, other than taxicabs, may prove
  713  financial responsibility by furnishing satisfactory evidence of
  714  holding a motor vehicle liability policy as defined in s.
  715  324.031.
  716         (2)Except as provided in subsection (3), the requirements
  717  of this section must be met by the owner or lessee providing
  718  satisfactory evidence of holding a motor vehicle liability
  719  policy conforming to the requirements of s. 324.151 which is
  720  issued by an insurance carrier that is a member of the Florida
  721  Insurance Guaranty Association.
  722         (3)(2) An owner or a lessee who is required to maintain
  723  insurance under s. 324.021(9)(b) and who operates at least 300
  724  taxicabs, limousines, jitneys, or any other for-hire passenger
  725  transportation vehicles may provide financial responsibility by
  726  complying with the provisions of s. 324.171, such compliance to
  727  be demonstrated by maintaining at its principal place of
  728  business an audited financial statement, prepared in accordance
  729  with generally accepted accounting principles, and providing to
  730  the department a certification issued by a certified public
  731  accountant that the applicant’s net worth is at least equal to
  732  the requirements of s. 324.171 as determined by the Office of
  733  Insurance Regulation of the Financial Services Commission,
  734  including claims liabilities in an amount certified as adequate
  735  by a Fellow of the Casualty Actuarial Society.
  736  
  737  Upon request by the department, the applicant shall must provide
  738  the department at the applicant’s principal place of business in
  739  this state access to the applicant’s underlying financial
  740  information and financial statements that provide the basis of
  741  the certified public accountant’s certification. The applicant
  742  shall reimburse the requesting department for all reasonable
  743  costs incurred by it in reviewing the supporting information.
  744  The maximum amount of self-insurance permissible under this
  745  subsection is $300,000 and must be stated on a per-occurrence
  746  basis, and the applicant shall maintain adequate excess
  747  insurance issued by an authorized or eligible insurer licensed
  748  or approved by the Office of Insurance Regulation. All risks
  749  self-insured shall remain with the owner or lessee providing it,
  750  and the risks are not transferable to any other person, unless a
  751  policy complying with subsections (1) and (2) subsection (1) is
  752  obtained.
  753         Section 18. Paragraph (b) of subsection (2) of section
  754  324.051, Florida Statutes, is amended to read:
  755         324.051 Reports of crashes; suspensions of licenses and
  756  registrations.—
  757         (2)
  758         (b) This subsection does shall not apply:
  759         1. To such operator or owner if such operator or owner had
  760  in effect at the time of such crash or traffic conviction a
  761  motor vehicle an automobile liability policy with respect to all
  762  of the registered motor vehicles owned by such operator or
  763  owner.
  764         2. To such operator, if not the owner of such motor
  765  vehicle, if there was in effect at the time of such crash or
  766  traffic conviction a motor vehicle an automobile liability
  767  policy or bond with respect to his or her operation of motor
  768  vehicles not owned by him or her.
  769         3. To such operator or owner if the liability of such
  770  operator or owner for damages resulting from such crash is, in
  771  the judgment of the department, covered by any other form of
  772  liability insurance or bond.
  773         4. To any person who has obtained from the department a
  774  certificate of self-insurance, in accordance with s. 324.171, or
  775  to any person operating a motor vehicle for such self-insurer.
  776  
  777  No such policy or bond shall be effective under this subsection
  778  unless it contains limits of not less than those specified in s.
  779  324.021(7).
  780         Section 19. Section 324.071, Florida Statutes, is amended
  781  to read:
  782         324.071 Reinstatement; renewal of license; reinstatement
  783  fee.—An Any operator or owner whose license or registration has
  784  been suspended pursuant to s. 324.051(2), s. 324.072, s.
  785  324.081, or s. 324.121 may effect its reinstatement upon
  786  compliance with the provisions of s. 324.051(2)(a)3. or 4., or
  787  s. 324.081(2) and (3), as the case may be, and with one of the
  788  provisions of s. 324.031 and upon payment to the department of a
  789  nonrefundable reinstatement fee of $15. Only one such fee may
  790  shall be paid by any one person regardless irrespective of the
  791  number of licenses and registrations to be then reinstated or
  792  issued to such person. All Such fees must shall be deposited to
  793  a department trust fund. If When the reinstatement of any
  794  license or registration is effected by compliance with s.
  795  324.051(2)(a)3. or 4., the department may shall not renew the
  796  license or registration within a period of 3 years after from
  797  such reinstatement, nor may shall any other license or
  798  registration be issued in the name of such person, unless the
  799  operator continues is continuing to comply with one of the
  800  provisions of s. 324.031.
  801         Section 20. Subsection (1) of section 324.091, Florida
  802  Statutes, is amended to read:
  803         324.091 Notice to department; notice to insurer.—
  804         (1) Each owner and operator involved in a crash or
  805  conviction case within the purview of this chapter shall furnish
  806  evidence of automobile liability insurance or motor vehicle
  807  liability insurance within 14 days after the date of the mailing
  808  of notice of crash by the department in the form and manner as
  809  it may designate. Upon receipt of evidence that a an automobile
  810  liability policy or motor vehicle liability policy was in effect
  811  at the time of the crash or conviction case, the department
  812  shall forward to the insurer such information for verification
  813  in a method as determined by the department. The insurer shall
  814  respond to the department within 20 days after the notice as to
  815  whether or not such information is valid. If the department
  816  determines that a an automobile liability policy or motor
  817  vehicle liability policy was not in effect and did not provide
  818  coverage for both the owner and the operator, it must shall take
  819  action as it is authorized to do under this chapter.
  820         Section 21. Section 324.151, Florida Statutes, is amended
  821  to read:
  822         324.151 Motor vehicle liability policies; required
  823  provisions.—
  824         (1) A motor vehicle liability policy that serves as to be
  825  proof of financial responsibility under s. 324.031(1) must,
  826  shall be issued to owners or operators of motor vehicles under
  827  the following provisions:
  828         (a) A motor vehicle An owner’s liability insurance policy
  829  issued to an owner of a motor vehicle registered in this state
  830  must shall designate by explicit description or by appropriate
  831  reference all motor vehicles for with respect to which coverage
  832  is thereby granted. The policy must and shall insure the person
  833  or persons owner named therein and any other person as operator
  834  using such motor vehicle or motor vehicles with the express or
  835  implied permission of such owner against loss from the liability
  836  imposed by law for damage arising out of the ownership,
  837  maintenance, or use of any such motor vehicle or motor vehicles
  838  within the United States or the Dominion of Canada, subject to
  839  limits, exclusive of interest and costs with respect to each
  840  such motor vehicle as is provided for under s. 324.021(7).
  841  Insurers may make available, with respect to property damage
  842  liability coverage, a deductible amount not to exceed $500. In
  843  the event of a property damage loss covered by a policy
  844  containing a property damage deductible provision, the insurer
  845  shall pay to the third-party claimant the amount of any property
  846  damage liability settlement or judgment, subject to policy
  847  limits, as if no deductible existed.
  848         (b) An operator’s motor vehicle liability policy of
  849  insurance must shall insure the person or persons named therein
  850  against loss from the liability imposed upon him or her by law
  851  for damages arising out of the use by the person of any motor
  852  vehicle not owned by him or her, with the same territorial
  853  limits and subject to the same limits of liability as referred
  854  to above with respect to an owner’s policy of liability
  855  insurance.
  856         (c) All such motor vehicle liability policies must shall
  857  state the name and address of the named insured, the coverage
  858  afforded by the policy, the premium charged therefor, the policy
  859  period, the limits of liability, and must shall contain an
  860  agreement or be endorsed that insurance is provided in
  861  accordance with the coverage defined in this chapter as respects
  862  bodily injury and death or property damage or both and is
  863  subject to all provisions of this chapter. The Said policies
  864  must shall also contain a provision that the satisfaction by an
  865  insured of a judgment for such injury or damage may shall not be
  866  a condition precedent to the right or duty of the insurance
  867  carrier to make payment on account of such injury or damage, and
  868  must shall also contain a provision that bankruptcy or
  869  insolvency of the insured or of the insured’s estate may shall
  870  not relieve the insurance carrier of any of its obligations
  871  under the said policy.
  872         (2) The provisions of This section is shall not be
  873  applicable to any automobile liability policy unless and until
  874  it is furnished as proof of financial responsibility for the
  875  future pursuant to s. 324.031, and then only from and after the
  876  date the said policy is so furnished.
  877         Section 22. Section 324.161, Florida Statutes, is amended
  878  to read:
  879         324.161 Proof of financial responsibility; deposit.—If a
  880  person elects to prove his or her financial responsibility under
  881  the method of proof specified in s. 324.031(1)(b), he or she
  882  must obtain proof of a certificate of deposit annually, in the
  883  amount required under s. 324.031(2), from a financial
  884  institution insured by the Federal Deposit Insurance Corporation
  885  or the National Credit Union Administration. Proof of such
  886  certificate of deposit Annually, before any certificate of
  887  insurance may be issued to a person, including any firm,
  888  partnership, association, corporation, or other person, other
  889  than a natural person, proof of a certificate of deposit of
  890  $30,000 issued and held by a financial institution must be
  891  submitted to the department annually. A power of attorney will
  892  be issued to and held by the department and may be executed upon
  893  a judgment issued against such person making the deposit, for
  894  damages for because of bodily injury to or death of any person
  895  or for damages for because of injury to or destruction of
  896  property resulting from the use or operation of any motor
  897  vehicle occurring after such deposit was made. Money so
  898  deposited is shall not be subject to attachment or execution
  899  unless such attachment or execution arises shall arise out of a
  900  lawsuit suit for such damages as aforesaid.
  901         Section 23. Subsections (1) and (2) of section 324.171,
  902  Florida Statutes, are amended to read:
  903         324.171 Self-insurer.—
  904         (1) A Any person may qualify as a self-insurer by obtaining
  905  a certificate of self-insurance from the department. which may,
  906  in its discretion and Upon application of such a person, the
  907  department may issue a said certificate of self-insurance if the
  908  applicant when such person has satisfied the requirements of
  909  this section to qualify as a self-insurer under this section:
  910         (a) A private individual with private passenger vehicles
  911  must shall possess a net unencumbered worth: of
  912         1.Beginning January 1, 2019, through December 31, 2020, of
  913  at least $80,000.
  914         2. Beginning January 1, 2021, and thereafter, of at least
  915  $100,000 $40,000.
  916         (b) A person, including any firm, partnership, association,
  917  corporation, or other person, other than a natural person, must
  918  shall:
  919         1. Possess a net unencumbered worth: of
  920         a. Beginning January 1, 2019, through December 31, 2020, of
  921  at least $80,000 for the first motor vehicle and $40,000 for
  922  each additional motor vehicle.
  923         b. Beginning January 1, 2021, and thereafter, of at least
  924  $100,000 $40,000 for the first motor vehicle and $50,000 $20,000
  925  for each additional motor vehicle; or
  926         2. Maintain sufficient net worth, in an amount determined
  927  by the department, to be financially responsible for potential
  928  losses. The department shall annually determine the minimum net
  929  worth sufficient to satisfy this subparagraph as determined
  930  annually by the department, pursuant to rules adopted
  931  promulgated by the department, with the assistance of the Office
  932  of Insurance Regulation of the Financial Services Commission, to
  933  be financially responsible for potential losses. The rules must
  934  consider any shall take into consideration excess insurance
  935  carried by the applicant. The department’s determination must
  936  shall be based upon reasonable actuarial principles considering
  937  the frequency, severity, and loss development of claims incurred
  938  by casualty insurers writing coverage on the type of motor
  939  vehicles for which a certificate of self-insurance is desired.
  940         (c) The owner of a commercial motor vehicle, as defined in
  941  s. 207.002 or s. 320.01, may qualify as a self-insurer subject
  942  to the standards provided for in subparagraph (b)2.
  943         (2) The self-insurance certificate must shall provide
  944  limits of liability insurance in the amounts specified under s.
  945  324.021(7) or s. 627.7415 and shall provide personal injury
  946  protection coverage under s. 627.733(3)(b).
  947         Section 24. Section 324.251, Florida Statutes, is amended
  948  to read:
  949         324.251 Short title.—This chapter may be cited as the
  950  “Financial Responsibility Law of 2018 1955” and is shall become
  951  effective at 12:01 a.m., January 1, 2019 October 1, 1955.
  952         Section 25. Subsection (4) of section 400.9905, Florida
  953  Statutes, is amended to read:
  954         400.9905 Definitions.—
  955         (4)(a) “Clinic” means an entity where health care services
  956  are provided to individuals and which tenders charges for
  957  reimbursement for such services, including a mobile clinic and a
  958  portable equipment provider. As used in this part, the term does
  959  not include and the licensure requirements of this part do not
  960  apply to:
  961         1.(a) Entities licensed or registered by the state under
  962  chapter 395; entities licensed or registered by the state and
  963  providing only health care services within the scope of services
  964  authorized under their respective licenses under ss. 383.30
  965  383.335, chapter 390, chapter 394, chapter 397, this chapter
  966  except part X, chapter 429, chapter 463, chapter 465, chapter
  967  466, chapter 478, part I of chapter 483, chapter 484, or chapter
  968  651; end-stage renal disease providers authorized under 42
  969  C.F.R. part 405, subpart U; providers certified under 42 C.F.R.
  970  part 485, subpart B or subpart H; or any entity that provides
  971  neonatal or pediatric hospital-based health care services or
  972  other health care services by licensed practitioners solely
  973  within a hospital licensed under chapter 395.
  974         2.(b) Entities that own, directly or indirectly, entities
  975  licensed or registered by the state pursuant to chapter 395;
  976  entities that own, directly or indirectly, entities licensed or
  977  registered by the state and providing only health care services
  978  within the scope of services authorized pursuant to their
  979  respective licenses under ss. 383.30-383.335, chapter 390,
  980  chapter 394, chapter 397, this chapter except part X, chapter
  981  429, chapter 463, chapter 465, chapter 466, chapter 478, part I
  982  of chapter 483, chapter 484, or chapter 651; end-stage renal
  983  disease providers authorized under 42 C.F.R. part 405, subpart
  984  U; providers certified under 42 C.F.R. part 485, subpart B or
  985  subpart H; or any entity that provides neonatal or pediatric
  986  hospital-based health care services by licensed practitioners
  987  solely within a hospital licensed under chapter 395.
  988         3.(c) Entities that are owned, directly or indirectly, by
  989  an entity licensed or registered by the state pursuant to
  990  chapter 395; entities that are owned, directly or indirectly, by
  991  an entity licensed or registered by the state and providing only
  992  health care services within the scope of services authorized
  993  pursuant to their respective licenses under ss. 383.30-383.335,
  994  chapter 390, chapter 394, chapter 397, this chapter except part
  995  X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
  996  478, part I of chapter 483, chapter 484, or chapter 651; end
  997  stage renal disease providers authorized under 42 C.F.R. part
  998  405, subpart U; providers certified under 42 C.F.R. part 485,
  999  subpart B or subpart H; or any entity that provides neonatal or
 1000  pediatric hospital-based health care services by licensed
 1001  practitioners solely within a hospital under chapter 395.
 1002         4.(d) Entities that are under common ownership, directly or
 1003  indirectly, with an entity licensed or registered by the state
 1004  pursuant to chapter 395; entities that are under common
 1005  ownership, directly or indirectly, with an entity licensed or
 1006  registered by the state and providing only health care services
 1007  within the scope of services authorized pursuant to their
 1008  respective licenses under ss. 383.30-383.335, chapter 390,
 1009  chapter 394, chapter 397, this chapter except part X, chapter
 1010  429, chapter 463, chapter 465, chapter 466, chapter 478, part I
 1011  of chapter 483, chapter 484, or chapter 651; end-stage renal
 1012  disease providers authorized under 42 C.F.R. part 405, subpart
 1013  U; providers certified under 42 C.F.R. part 485, subpart B or
 1014  subpart H; or any entity that provides neonatal or pediatric
 1015  hospital-based health care services by licensed practitioners
 1016  solely within a hospital licensed under chapter 395.
 1017         5.(e) An entity that is exempt from federal taxation under
 1018  26 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
 1019  under 26 U.S.C. s. 409 that has a board of trustees at least
 1020  two-thirds of which are Florida-licensed health care
 1021  practitioners and provides only physical therapy services under
 1022  physician orders, any community college or university clinic,
 1023  and any entity owned or operated by the federal or state
 1024  government, including agencies, subdivisions, or municipalities
 1025  thereof.
 1026         6.(f) A sole proprietorship, group practice, partnership,
 1027  or corporation that provides health care services by physicians
 1028  covered by s. 627.419, that is directly supervised by one or
 1029  more of such physicians, and that is wholly owned by one or more
 1030  of those physicians or by a physician and the spouse, parent,
 1031  child, or sibling of that physician.
 1032         7.(g) A sole proprietorship, group practice, partnership,
 1033  or corporation that provides health care services by licensed
 1034  health care practitioners under chapter 457, chapter 458,
 1035  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
 1036  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
 1037  chapter 490, chapter 491, or part I, part III, part X, part
 1038  XIII, or part XIV of chapter 468, or s. 464.012, and that is
 1039  wholly owned by one or more licensed health care practitioners,
 1040  or the licensed health care practitioners set forth in this
 1041  paragraph and the spouse, parent, child, or sibling of a
 1042  licensed health care practitioner if one of the owners who is a
 1043  licensed health care practitioner is supervising the business
 1044  activities and is legally responsible for the entity’s
 1045  compliance with all federal and state laws. However, a health
 1046  care practitioner may not supervise services beyond the scope of
 1047  the practitioner’s license, except that, for the purposes of
 1048  this part, a clinic owned by a licensee in s. 456.053(3)(b)
 1049  which provides only services authorized pursuant to s.
 1050  456.053(3)(b) may be supervised by a licensee specified in s.
 1051  456.053(3)(b).
 1052         8.(h) Clinical facilities affiliated with an accredited
 1053  medical school at which training is provided for medical
 1054  students, residents, or fellows.
 1055         9.(i) Entities that provide only oncology or radiation
 1056  therapy services by physicians licensed under chapter 458 or
 1057  chapter 459 or entities that provide oncology or radiation
 1058  therapy services by physicians licensed under chapter 458 or
 1059  chapter 459 which are owned by a corporation whose shares are
 1060  publicly traded on a recognized stock exchange.
 1061         10.(j) Clinical facilities affiliated with a college of
 1062  chiropractic accredited by the Council on Chiropractic Education
 1063  at which training is provided for chiropractic students.
 1064         11.(k) Entities that provide licensed practitioners to
 1065  staff emergency departments or to deliver anesthesia services in
 1066  facilities licensed under chapter 395 and that derive at least
 1067  90 percent of their gross annual revenues from the provision of
 1068  such services. Entities claiming an exemption from licensure
 1069  under this paragraph must provide documentation demonstrating
 1070  compliance.
 1071         12.(l) Orthotic, prosthetic, pediatric cardiology, or
 1072  perinatology clinical facilities or anesthesia clinical
 1073  facilities that are not otherwise exempt under paragraph (a) or
 1074  paragraph (k) and that are a publicly traded corporation or are
 1075  wholly owned, directly or indirectly, by a publicly traded
 1076  corporation. As used in this paragraph, a publicly traded
 1077  corporation is a corporation that issues securities traded on an
 1078  exchange registered with the United States Securities and
 1079  Exchange Commission as a national securities exchange.
 1080         13.(m) Entities that are owned by a corporation that has
 1081  $250 million or more in total annual sales of health care
 1082  services provided by licensed health care practitioners where
 1083  one or more of the persons responsible for the operations of the
 1084  entity is a health care practitioner who is licensed in this
 1085  state and who is responsible for supervising the business
 1086  activities of the entity and is responsible for the entity’s
 1087  compliance with state law for purposes of this part.
 1088         14.(n) Entities that employ 50 or more licensed health care
 1089  practitioners licensed under chapter 458 or chapter 459 where
 1090  the billing for medical services is under a single tax
 1091  identification number. The application for exemption under this
 1092  subsection must include shall contain information that includes:
 1093  the name, residence, and business address and telephone phone
 1094  number of the entity that owns the practice; a complete list of
 1095  the names and contact information of all the officers and
 1096  directors of the corporation; the name, residence address,
 1097  business address, and medical license number of each licensed
 1098  Florida health care practitioner employed by the entity; the
 1099  corporate tax identification number of the entity seeking an
 1100  exemption; a listing of health care services to be provided by
 1101  the entity at the health care clinics owned or operated by the
 1102  entity; and a certified statement prepared by an independent
 1103  certified public accountant which states that the entity and the
 1104  health care clinics owned or operated by the entity have not
 1105  received payment for health care services under medical payments
 1106  personal injury protection insurance coverage for the preceding
 1107  year. If the agency determines that an entity that which is
 1108  exempt under this subsection has received payments for medical
 1109  services under medical payments personal injury protection
 1110  insurance coverage, the agency may deny or revoke the exemption
 1111  from licensure under this subsection.
 1112         (b) Notwithstanding this subsection, an entity shall be
 1113  deemed a clinic and must be licensed under this part in order to
 1114  receive medical payments coverage reimbursement under s.
 1115  627.7265 unless the entity is: the Florida Motor Vehicle No
 1116  Fault Law, ss. 627.730-627.7405, unless exempted under s.
 1117  627.736(5)(h).
 1118         1. Wholly owned by a physician licensed under chapter 458
 1119  or chapter 459, or by the physician and the spouse, parent,
 1120  child, or sibling of the physician;
 1121         2. Wholly owned by a dentist licensed under chapter 466, or
 1122  by the dentist and the spouse, parent, child, or sibling of the
 1123  dentist;
 1124         3. Wholly owned by a chiropractic physician licensed under
 1125  chapter 460, or by the chiropractic physician and the spouse,
 1126  parent, child, or sibling of the chiropractic physician;
 1127         4. A hospital or ambulatory surgical center licensed under
 1128  chapter 395;
 1129         5. An entity that wholly owns or is wholly owned, directly
 1130  or indirectly, by a hospital or hospitals licensed under chapter
 1131  395;
 1132         6. Is a clinical facility affiliated with an accredited
 1133  medical school at which training is provided for medical
 1134  students, residents, or fellows;
 1135         7. Is certified under 42 C.F.R. part 485, subpart H; or
 1136         8. Is owned by a publicly traded corporation, either
 1137  directly or indirectly through its subsidiaries, which has $250
 1138  million or more in total annual sales of health care services
 1139  provided by licensed health care practitioners, if one or more
 1140  of the persons responsible for the operations of the entity are
 1141  health care practitioners who are licensed in this state and are
 1142  responsible for supervising the business activities of the
 1143  entity and the entity’s compliance with state law for purposes
 1144  of this section.
 1145         Section 26. Subsection (6) of section 400.991, Florida
 1146  Statutes, is amended to read:
 1147         400.991 License requirements; background screenings;
 1148  prohibitions.—
 1149         (6) All agency forms for licensure application or exemption
 1150  from licensure under this part must contain the following
 1151  statement:
 1152  
 1153         INSURANCE FRAUD NOTICE.—A person commits a fraudulent
 1154         insurance act, as defined in s. 626.989, Florida
 1155         Statutes, if the person who knowingly submits a false,
 1156         misleading, or fraudulent application or other
 1157         document when applying for licensure as a health care
 1158         clinic, seeking an exemption from licensure as a
 1159         health care clinic, or demonstrating compliance with
 1160         part X of chapter 400, Florida Statutes, with the
 1161         intent to use the license, exemption from licensure,
 1162         or demonstration of compliance to provide services or
 1163         seek reimbursement under a motor vehicle liability
 1164         insurance policy’s medical payments coverage the
 1165         Florida Motor Vehicle No-Fault Law, commits a
 1166         fraudulent insurance act, as defined in s. 626.989,
 1167         Florida Statutes. A person who presents a claim for
 1168         benefits under medical payments coverage, personal
 1169         injury protection benefits knowing that the payee
 1170         knowingly submitted such health care clinic
 1171         application or document, commits insurance fraud, as
 1172         defined in s. 817.234, Florida Statutes.
 1173         Section 27. Paragraph (g) of subsection (1) of section
 1174  400.9935, Florida Statutes, is amended to read:
 1175         400.9935 Clinic responsibilities.—
 1176         (1) Each clinic shall appoint a medical director or clinic
 1177  director who shall agree in writing to accept legal
 1178  responsibility for the following activities on behalf of the
 1179  clinic. The medical director or the clinic director shall:
 1180         (g) Conduct systematic reviews of clinic billings to ensure
 1181  that the billings are not fraudulent or unlawful. Upon discovery
 1182  of an unlawful charge, the medical director or clinic director
 1183  shall take immediate corrective action. If the clinic performs
 1184  only the technical component of magnetic resonance imaging,
 1185  static radiographs, computed tomography, or positron emission
 1186  tomography, and provides the professional interpretation of such
 1187  services, in a fixed facility that is accredited by a national
 1188  accrediting organization that is approved by the Centers for
 1189  Medicare and Medicaid Services for magnetic resonance imaging
 1190  and advanced diagnostic imaging services and if, in the
 1191  preceding quarter, the percentage of scans performed by that
 1192  clinic which was billed to motor vehicle all personal injury
 1193  protection insurance carriers under medical payments coverage
 1194  was less than 15 percent, the chief financial officer of the
 1195  clinic may, in a written acknowledgment provided to the agency,
 1196  assume the responsibility for the conduct of the systematic
 1197  reviews of clinic billings to ensure that the billings are not
 1198  fraudulent or unlawful.
 1199         Section 28. Subsection (28) of section 409.901, Florida
 1200  Statutes, is amended to read:
 1201         409.901 Definitions; ss. 409.901-409.920.—As used in ss.
 1202  409.901-409.920, except as otherwise specifically provided, the
 1203  term:
 1204         (28) “Third-party benefit” means any benefit that is or may
 1205  be available at any time through contract, court award,
 1206  judgment, settlement, agreement, or any arrangement between a
 1207  third party and any person or entity, including, without
 1208  limitation, a Medicaid recipient, a provider, another third
 1209  party, an insurer, or the agency, for any Medicaid-covered
 1210  injury, illness, goods, or services, including costs of medical
 1211  services related thereto, for bodily personal injury or for
 1212  death of the recipient, but specifically excluding policies of
 1213  life insurance policies on the recipient, unless available under
 1214  terms of the policy to pay medical expenses before prior to
 1215  death. The term includes, without limitation, collateral, as
 1216  defined in this section, health insurance, any benefit under a
 1217  health maintenance organization, a preferred provider
 1218  arrangement, a prepaid health clinic, liability insurance,
 1219  uninsured motorist insurance, medical payments coverage or
 1220  personal injury protection coverage, medical benefits under
 1221  workers’ compensation, and any obligation under law or equity to
 1222  provide medical support.
 1223         Section 29. Paragraph (f) of subsection (11) of section
 1224  409.910, Florida Statutes, is amended to read:
 1225         409.910 Responsibility for payments on behalf of Medicaid
 1226  eligible persons when other parties are liable.—
 1227         (11) The agency may, as a matter of right, in order to
 1228  enforce its rights under this section, institute, intervene in,
 1229  or join any legal or administrative proceeding in its own name
 1230  in one or more of the following capacities: individually, as
 1231  subrogee of the recipient, as assignee of the recipient, or as
 1232  lienholder of the collateral.
 1233         (f) Notwithstanding any provision in this section to the
 1234  contrary, in the event of an action in tort against a third
 1235  party in which the recipient or his or her legal representative
 1236  is a party which results in a judgment, award, or settlement
 1237  from a third party, the amount recovered shall be distributed as
 1238  follows:
 1239         1. After attorney attorney’s fees and taxable costs as
 1240  defined by the Florida Rules of Civil Procedure, one-half of the
 1241  remaining recovery shall be paid to the agency up to the total
 1242  amount of medical assistance provided by Medicaid.
 1243         2. The remaining amount of the recovery shall be paid to
 1244  the recipient.
 1245         3. For purposes of calculating the agency’s recovery of
 1246  medical assistance benefits paid, the fee for services of an
 1247  attorney retained by the recipient or his or her legal
 1248  representative shall be calculated at 25 percent of the
 1249  judgment, award, or settlement.
 1250         4. Notwithstanding any other provision of this section to
 1251  the contrary, the agency shall be entitled to all medical
 1252  coverage benefits up to the total amount of medical assistance
 1253  provided by Medicaid. For purposes of this paragraph, the term
 1254  “medical coverage” means any benefits under health insurance, a
 1255  health maintenance organization, a preferred provider
 1256  arrangement, or a prepaid health clinic, and the portion of
 1257  benefits designated for medical payments under coverage for
 1258  workers’ compensation coverage, motor vehicle insurance
 1259  coverage, personal injury protection, and casualty coverage.
 1260         Section 30. Paragraph (k) of subsection (2) of section
 1261  456.057, Florida Statutes, is amended to read:
 1262         456.057 Ownership and control of patient records; report or
 1263  copies of records to be furnished; disclosure of information.—
 1264         (2) As used in this section, the terms “records owner,”
 1265  “health care practitioner,” and “health care practitioner’s
 1266  employer” do not include any of the following persons or
 1267  entities; furthermore, the following persons or entities are not
 1268  authorized to acquire or own medical records, but are authorized
 1269  under the confidentiality and disclosure requirements of this
 1270  section to maintain those documents required by the part or
 1271  chapter under which they are licensed or regulated:
 1272         (k) Persons or entities practicing under s. 627.7265 s.
 1273  627.736(7).
 1274         Section 31. Paragraphs (ee) and (ff) of subsection (1) of
 1275  section 456.072, Florida Statutes, are amended to read:
 1276         456.072 Grounds for discipline; penalties; enforcement.—
 1277         (1) The following acts shall constitute grounds for which
 1278  the disciplinary actions specified in subsection (2) may be
 1279  taken:
 1280         (ee) With respect to making a medical payments coverage
 1281  personal injury protection claim under s. 627.7265 as required
 1282  by s. 627.736, intentionally submitting a claim, statement, or
 1283  bill that has been upcoded. As used in this paragraph, the term
 1284  “upcoded” means an action that submits a billing code that would
 1285  result in payment greater in amount than would be paid using a
 1286  billing code that accurately describes the services performed.
 1287  The term does not include an otherwise lawful bill by a magnetic
 1288  resonance imaging facility, which globally combines both
 1289  technical and professional components, if the amount of the
 1290  global bill is not more than the components if billed
 1291  separately; however, payment of such a bill constitutes payment
 1292  in full for all components of such service “upcoded” as defined
 1293  in s. 627.732.
 1294         (ff) With respect to making a medical payments coverage
 1295  personal injury protection claim as required under s. 627.7265
 1296  by s. 627.736, intentionally submitting a claim, statement, or
 1297  bill for payment of services that were not rendered.
 1298         Section 32. Paragraphs (i) and (o) of subsection (1) of
 1299  section 626.9541, Florida Statutes, are amended to read:
 1300         626.9541 Unfair methods of competition and unfair or
 1301  deceptive acts or practices defined.—
 1302         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
 1303  ACTS.—The following are defined as unfair methods of competition
 1304  and unfair or deceptive acts or practices:
 1305         (i) Unfair claim settlement practices.—
 1306         1. Attempting to settle claims on the basis of an
 1307  application, when serving as a binder or intended to become a
 1308  part of the policy, or any other material document which was
 1309  altered without notice to, or knowledge or consent of, the
 1310  insured;
 1311         2. A material misrepresentation made to an insured or any
 1312  other person having an interest in the proceeds payable under
 1313  such contract or policy, for the purpose and with the intent of
 1314  effecting settlement of such claims, loss, or damage under such
 1315  contract or policy on less favorable terms than those provided
 1316  in, and contemplated by, such contract or policy; or
 1317         3. Committing or performing with such frequency as to
 1318  indicate a general business practice any of the following:
 1319         a. Failing to adopt and implement standards for the proper
 1320  investigation of claims;
 1321         b. Misrepresenting pertinent facts or insurance policy
 1322  provisions relating to coverages at issue;
 1323         c. Failing to acknowledge and act promptly upon
 1324  communications with respect to claims;
 1325         d. Denying claims without conducting reasonable
 1326  investigations based upon available information;
 1327         e. Failing to affirm or deny full or partial coverage of
 1328  claims, and, as to partial coverage, the dollar amount or extent
 1329  of coverage, or failing to provide a written statement that the
 1330  claim is being investigated, upon the written request of the
 1331  insured within 30 days after proof-of-loss statements have been
 1332  completed;
 1333         f. Failing to promptly provide a reasonable explanation in
 1334  writing to the insured of the basis in the insurance policy, in
 1335  relation to the facts or applicable law, for denial of a claim
 1336  or for the offer of a compromise settlement;
 1337         g. Failing to promptly notify the insured of any additional
 1338  information necessary for the processing of a claim; or
 1339         h. Failing to clearly explain the nature of the requested
 1340  information and the reasons why such information is necessary.
 1341         i. Failing to pay personal injury protection insurance
 1342  claims within the time periods required by s. 627.736(4)(b). The
 1343  office may order the insurer to pay restitution to a
 1344  policyholder, medical provider, or other claimant, including
 1345  interest at a rate consistent with the amount set forth in s.
 1346  55.03(1), for the time period within which an insurer fails to
 1347  pay claims as required by law. Restitution is in addition to any
 1348  other penalties allowed by law, including, but not limited to,
 1349  the suspension of the insurer’s certificate of authority.
 1350         4. Failing to pay undisputed amounts of partial or full
 1351  benefits owed under first-party property insurance policies
 1352  within 90 days after an insurer receives notice of a residential
 1353  property insurance claim, determines the amounts of partial or
 1354  full benefits, and agrees to coverage, unless payment of the
 1355  undisputed benefits is prevented by an act of God, prevented by
 1356  the impossibility of performance, or due to actions by the
 1357  insured or claimant that constitute fraud, lack of cooperation,
 1358  or intentional misrepresentation regarding the claim for which
 1359  benefits are owed.
 1360         (o) Illegal dealings in premiums; excess or reduced charges
 1361  for insurance.—
 1362         1. Knowingly collecting any sum as a premium or charge for
 1363  insurance, which is not then provided, or is not in due course
 1364  to be provided, subject to acceptance of the risk by the
 1365  insurer, by an insurance policy issued by an insurer as
 1366  permitted by this code.
 1367         2. Knowingly collecting as a premium or charge for
 1368  insurance any sum in excess of or less than the premium or
 1369  charge applicable to such insurance, in accordance with the
 1370  applicable classifications and rates as filed with and approved
 1371  by the office, and as specified in the policy; or, in cases when
 1372  classifications, premiums, or rates are not required by this
 1373  code to be so filed and approved, premiums and charges collected
 1374  from a Florida resident in excess of or less than those
 1375  specified in the policy and as fixed by the insurer.
 1376  Notwithstanding any other provision of law, this provision shall
 1377  not be deemed to prohibit the charging and collection, by
 1378  surplus lines agents licensed under part VIII of this chapter,
 1379  of the amount of applicable state and federal taxes, or fees as
 1380  authorized by s. 626.916(4), in addition to the premium required
 1381  by the insurer or the charging and collection, by licensed
 1382  agents, of the exact amount of any discount or other such fee
 1383  charged by a credit card facility in connection with the use of
 1384  a credit card, as authorized by subparagraph (q)3., in addition
 1385  to the premium required by the insurer. This subparagraph shall
 1386  not be construed to prohibit collection of a premium for a
 1387  universal life or a variable or indeterminate value insurance
 1388  policy made in accordance with the terms of the contract.
 1389         3.a. Imposing or requesting an additional premium for
 1390  bodily injury liability coverage, property damage liability
 1391  coverage a policy of motor vehicle liability, personal injury
 1392  protection, medical payment coverage, or collision coverage in a
 1393  motor vehicle liability insurance policy insurance or any
 1394  combination thereof or refusing to renew the policy solely
 1395  because the insured was involved in a motor vehicle accident
 1396  unless the insurer’s file contains information from which the
 1397  insurer in good faith determines that the insured was
 1398  substantially at fault in the accident.
 1399         b. An insurer which imposes and collects such a surcharge
 1400  or which refuses to renew such policy shall, in conjunction with
 1401  the notice of premium due or notice of nonrenewal, notify the
 1402  named insured that he or she is entitled to reimbursement of
 1403  such amount or renewal of the policy under the conditions listed
 1404  below and will subsequently reimburse him or her or renew the
 1405  policy, if the named insured demonstrates that the operator
 1406  involved in the accident was:
 1407         (I) Lawfully parked;
 1408         (II) Reimbursed by, or on behalf of, a person responsible
 1409  for the accident or has a judgment against such person;
 1410         (III) Struck in the rear by another vehicle headed in the
 1411  same direction and was not convicted of a moving traffic
 1412  violation in connection with the accident;
 1413         (IV) Hit by a “hit-and-run” driver, if the accident was
 1414  reported to the proper authorities within 24 hours after
 1415  discovering the accident;
 1416         (V) Not convicted of a moving traffic violation in
 1417  connection with the accident, but the operator of the other
 1418  automobile involved in such accident was convicted of a moving
 1419  traffic violation;
 1420         (VI) Finally adjudicated not to be liable by a court of
 1421  competent jurisdiction;
 1422         (VII) In receipt of a traffic citation which was dismissed
 1423  or nolle prossed; or
 1424         (VIII) Not at fault as evidenced by a written statement
 1425  from the insured establishing facts demonstrating lack of fault
 1426  which are not rebutted by information in the insurer’s file from
 1427  which the insurer in good faith determines that the insured was
 1428  substantially at fault.
 1429         c. In addition to the other provisions of this
 1430  subparagraph, an insurer may not fail to renew a policy if the
 1431  insured has had only one accident in which he or she was at
 1432  fault within the current 3-year period. However, an insurer may
 1433  nonrenew a policy for reasons other than accidents in accordance
 1434  with s. 627.728. This subparagraph does not prohibit nonrenewal
 1435  of a policy under which the insured has had three or more
 1436  accidents, regardless of fault, during the most recent 3-year
 1437  period.
 1438         4. Imposing or requesting an additional premium for, or
 1439  refusing to renew, a policy for motor vehicle insurance solely
 1440  because the insured committed a noncriminal traffic infraction
 1441  as described in s. 318.14 unless the infraction is:
 1442         a. A second infraction committed within an 18-month period,
 1443  or a third or subsequent infraction committed within a 36-month
 1444  period.
 1445         b. A violation of s. 316.183, when such violation is a
 1446  result of exceeding the lawful speed limit by more than 15 miles
 1447  per hour.
 1448         5. Upon the request of the insured, the insurer and
 1449  licensed agent shall supply to the insured the complete proof of
 1450  fault or other criteria which justifies the additional charge or
 1451  cancellation.
 1452         6. No insurer shall impose or request an additional premium
 1453  for motor vehicle insurance, cancel or refuse to issue a policy,
 1454  or refuse to renew a policy because the insured or the applicant
 1455  is a handicapped or physically disabled person, so long as such
 1456  handicap or physical disability does not substantially impair
 1457  such person’s mechanically assisted driving ability.
 1458         7. No insurer may cancel or otherwise terminate any
 1459  insurance contract or coverage, or require execution of a
 1460  consent to rate endorsement, during the stated policy term for
 1461  the purpose of offering to issue, or issuing, a similar or
 1462  identical contract or coverage to the same insured with the same
 1463  exposure at a higher premium rate or continuing an existing
 1464  contract or coverage with the same exposure at an increased
 1465  premium.
 1466         8. No insurer may issue a nonrenewal notice on any
 1467  insurance contract or coverage, or require execution of a
 1468  consent to rate endorsement, for the purpose of offering to
 1469  issue, or issuing, a similar or identical contract or coverage
 1470  to the same insured at a higher premium rate or continuing an
 1471  existing contract or coverage at an increased premium without
 1472  meeting any applicable notice requirements.
 1473         9. No insurer shall, with respect to premiums charged for
 1474  motor vehicle insurance, unfairly discriminate solely on the
 1475  basis of age, sex, marital status, or scholastic achievement.
 1476         10. Imposing or requesting an additional premium for motor
 1477  vehicle comprehensive or uninsured motorist coverage solely
 1478  because the insured was involved in a motor vehicle accident or
 1479  was convicted of a moving traffic violation.
 1480         11. No insurer shall cancel or issue a nonrenewal notice on
 1481  any insurance policy or contract without complying with any
 1482  applicable cancellation or nonrenewal provision required under
 1483  the Florida Insurance Code.
 1484         12. No insurer shall impose or request an additional
 1485  premium, cancel a policy, or issue a nonrenewal notice on any
 1486  insurance policy or contract because of any traffic infraction
 1487  when adjudication has been withheld and no points have been
 1488  assessed pursuant to s. 318.14(9) and (10). However, this
 1489  subparagraph does not apply to traffic infractions involving
 1490  accidents in which the insurer has incurred a loss due to the
 1491  fault of the insured.
 1492         Section 33. Paragraph (a) of subsection (1) of section
 1493  626.989, Florida Statutes, is amended to read:
 1494         626.989 Investigation by department or Division of
 1495  Investigative and Forensic Services; compliance; immunity;
 1496  confidential information; reports to division; division
 1497  investigator’s power of arrest.—
 1498         (1) For the purposes of this section:
 1499         (a) A person commits a “fraudulent insurance act” if the
 1500  person:
 1501         1. Knowingly and with intent to defraud presents, causes to
 1502  be presented, or prepares with knowledge or belief that it will
 1503  be presented, to or by an insurer, self-insurer, self-insurance
 1504  fund, servicing corporation, purported insurer, broker, or any
 1505  agent thereof, any written statement as part of, or in support
 1506  of, an application for the issuance of, or the rating of, any
 1507  insurance policy, or a claim for payment or other benefit
 1508  pursuant to any insurance policy, which the person knows to
 1509  contain materially false information concerning any fact
 1510  material thereto or if the person conceals, for the purpose of
 1511  misleading another, information concerning any fact material
 1512  thereto.
 1513         2. Knowingly submits:
 1514         a. A false, misleading, or fraudulent application or other
 1515  document when applying for licensure as a health care clinic,
 1516  seeking an exemption from licensure as a health care clinic, or
 1517  demonstrating compliance with part X of chapter 400 with an
 1518  intent to use the license, exemption from licensure, or
 1519  demonstration of compliance to provide services or seek
 1520  reimbursement under a motor vehicle liability insurance policy’s
 1521  medical payments coverage the Florida Motor Vehicle No-Fault
 1522  Law.
 1523         b. A claim for payment or other benefit under medical
 1524  payments coverage pursuant to a personal injury protection
 1525  insurance policy under the Florida Motor Vehicle No-Fault Law if
 1526  the person knows that the payee knowingly submitted a false,
 1527  misleading, or fraudulent application or other document when
 1528  applying for licensure as a health care clinic, seeking an
 1529  exemption from licensure as a health care clinic, or
 1530  demonstrating compliance with part X of chapter 400.
 1531         Section 34. Subsection (1) of section 627.06501, Florida
 1532  Statutes, is amended to read:
 1533         627.06501 Insurance discounts for certain persons
 1534  completing driver improvement course.—
 1535         (1) Any rate, rating schedule, or rating manual for the
 1536  liability, medical payments personal injury protection, and
 1537  collision coverages of a motor vehicle insurance policy filed
 1538  with the office may provide for an appropriate reduction in
 1539  premium charges as to such coverages if when the principal
 1540  operator on the covered vehicle has successfully completed a
 1541  driver improvement course approved and certified by the
 1542  Department of Highway Safety and Motor Vehicles which is
 1543  effective in reducing crash or violation rates, or both, as
 1544  determined pursuant to s. 318.1451(5). Any discount, not to
 1545  exceed 10 percent, used by an insurer is presumed to be
 1546  appropriate unless credible data demonstrates otherwise.
 1547         Section 35. Subsection (1) of section 627.0652, Florida
 1548  Statutes, is amended to read:
 1549         627.0652 Insurance discounts for certain persons completing
 1550  safety course.—
 1551         (1) Any rates, rating schedules, or rating manuals for the
 1552  liability, medical payments personal injury protection, and
 1553  collision coverages of a motor vehicle insurance policy filed
 1554  with the office must shall provide for an appropriate reduction
 1555  in premium charges as to such coverages if when the principal
 1556  operator on the covered vehicle is an insured 55 years of age or
 1557  older who has successfully completed a motor vehicle accident
 1558  prevention course approved by the Department of Highway Safety
 1559  and Motor Vehicles. Any discount used by an insurer is presumed
 1560  to be appropriate unless credible data demonstrates otherwise.
 1561         Section 36. Subsections (1), (3), and (6) of section
 1562  627.0653, Florida Statutes, are amended to read:
 1563         627.0653 Insurance discounts for specified motor vehicle
 1564  equipment.—
 1565         (1) Any rates, rating schedules, or rating manuals for the
 1566  liability, medical payments personal injury protection, and
 1567  collision coverages of a motor vehicle insurance policy filed
 1568  with the office must shall provide a premium discount if the
 1569  insured vehicle is equipped with factory-installed, four-wheel
 1570  antilock brakes.
 1571         (3) Any rates, rating schedules, or rating manuals for
 1572  personal injury protection coverage and medical payments
 1573  coverage, if offered, of a motor vehicle insurance policy filed
 1574  with the office must shall provide a premium discount if the
 1575  insured vehicle is equipped with one or more air bags that which
 1576  are factory installed.
 1577         (6) The Office of Insurance Regulation may approve a
 1578  premium discount to any rates, rating schedules, or rating
 1579  manuals for the liability, medical payments personal injury
 1580  protection, and collision coverages of a motor vehicle insurance
 1581  policy filed with the office if the insured vehicle is equipped
 1582  with autonomous driving technology or electronic vehicle
 1583  collision avoidance technology that is factory installed or a
 1584  retrofitted system and that complies with National Highway
 1585  Traffic Safety Administration standards.
 1586         Section 37. Section 627.4132, Florida Statutes, is amended
 1587  to read:
 1588         627.4132 Stacking of coverages prohibited.—If an insured or
 1589  named insured is protected by any type of motor vehicle
 1590  insurance policy for bodily injury and property damage
 1591  liability, personal injury protection, or other coverage, the
 1592  policy must shall provide that the insured or named insured is
 1593  protected only to the extent of the coverage she or he has on
 1594  the vehicle involved in the accident. However, if none of the
 1595  insured’s or named insured’s vehicles are is involved in the
 1596  accident, coverage is available only to the extent of coverage
 1597  on any one of the vehicles with applicable coverage. Coverage on
 1598  any other vehicles may shall not be added to or stacked upon
 1599  that coverage. This section does not apply:
 1600         (1) To uninsured motorist coverage that which is separately
 1601  governed by s. 627.727.
 1602         (2) To reduce the coverage available by reason of insurance
 1603  policies insuring different named insureds.
 1604         Section 38. Section 627.7263, Florida Statutes, is amended
 1605  to read:
 1606         627.7263 Rental and leasing driver’s insurance to be
 1607  primary; exception.—
 1608         (1) The valid and collectible liability insurance and
 1609  medical payments coverage or personal injury protection
 1610  insurance providing coverage for the lessor of a motor vehicle
 1611  for rent or lease is primary unless otherwise stated in at least
 1612  10-point type on the face of the rental or lease agreement. Such
 1613  insurance is primary for the limits of liability and personal
 1614  injury protection coverage as required by s. 324.021(7) and
 1615  medical payments coverage as required under s. 627.7265 ss.
 1616  324.021(7) and 627.736.
 1617         (2) If the lessee’s coverage is to be primary, the rental
 1618  or lease agreement must contain the following language, in at
 1619  least 10-point type:
 1620  
 1621         “The valid and collectible liability insurance and
 1622         medical payments coverage personal injury protection
 1623         insurance of an any authorized rental or leasing
 1624         driver is primary for the limits of liability and
 1625         personal injury protection coverage and medical
 1626         payments coverage required under ss. 324.021(7) and
 1627         627.7265 by ss. 324.021(7) and 627.736, Florida
 1628         Statutes.”
 1629         Section 39. Section 627.7265, Florida Statutes, is created
 1630  to read:
 1631         627.7265 Motor vehicle insurance; medical payments
 1632  coverage.—
 1633         (1) MEDICAL PAYMENTS COVERAGE REQUIRED.—A motor vehicle
 1634  liability insurance policy that is furnished as proof of
 1635  financial responsibility pursuant to s. 324.031 must include
 1636  medical payments coverage as provided in this section. The
 1637  medical payments coverage must protect the named insured,
 1638  resident relatives, persons operating the insured motor vehicle,
 1639  passengers in the insured motor vehicle, and persons who are
 1640  struck by the insured motor vehicle and suffer bodily injury
 1641  while not an occupant of a self-propelled motor vehicle, to a
 1642  limit of at least $5,000 per person for medical expense incurred
 1643  due to bodily injury, sickness, or disease arising out of the
 1644  ownership, maintenance, or use of a motor vehicle. The medical
 1645  payments coverage must also provide each such person with a
 1646  death benefit of at least $5,000. This section may not be
 1647  construed to limit any other coverage made available by an
 1648  insurer. An insurer may not offer medical payments coverage with
 1649  a deductible to an applicant or policyholder.
 1650         (2)REQUIRED BENEFITS.—Medical payments coverage must
 1651  provide coverage for all of the following if medically necessary
 1652  and the individual initially receives such treatment within 14
 1653  days after the motor vehicle accident:
 1654         (a)Emergency transport and treatment by a provider
 1655  licensed under chapter 401.
 1656         (b)Emergency services and care provided by a hospital
 1657  licensed under chapter 395.
 1658         (c)Emergency services and care as defined in s. 395.002,
 1659  provided in a facility licensed under chapter 395 and rendered
 1660  by a physician or dentist, and related hospital inpatient
 1661  services rendered by a physician or dentist.
 1662         (d)Hospital inpatient services, other than emergency
 1663  services and care.
 1664         (e)Hospital outpatient services, other than emergency
 1665  services and care.
 1666         (f) Physician services and care provided by a physician
 1667  licensed under chapter 458 or chapter 459 or a chiropractic
 1668  physician licensed under chapter 460; dental services and care
 1669  provided by a dentist licensed under chapter 466; or, to the
 1670  extent permitted by applicable law and under the supervision of
 1671  such physician, osteopathic physician, chiropractic physician,
 1672  or dentist, services and care provided by a physician assistant
 1673  licensed under chapter 458 or chapter 459 or by an advanced
 1674  registered nurse practitioner licensed under chapter 464.
 1675         (3) AUTHORIZED EXCLUSIONS.—Notwithstanding any other
 1676  requirement in this section, an insurer may exclude medical
 1677  payment benefits:
 1678         (a) For injury sustained by the named insured or a resident
 1679  relative while occupying another motor vehicle owned by the
 1680  named insured and not insured under the policy, unless such
 1681  vehicle qualifies as a newly acquired vehicle or temporary
 1682  substitute vehicle.
 1683         (b) For injury sustained by any person operating the
 1684  insured motor vehicle without the express or implied consent of
 1685  the insured.
 1686         (c) For any person who intentionally causes injury to
 1687  himself or herself.
 1688         (d) For any person injured while committing a felony.
 1689         (4) PAYMENT OF BENEFITS.—
 1690         (a)Benefits due from an insurer under medical payments
 1691  coverage are primary to any health insurance benefit of a person
 1692  injured in a motor vehicle accident and apply to any coinsurance
 1693  or deductible amount required by the injured person’s health
 1694  insurance policy, except that:
 1695         1. Benefits received under any workers’ compensation law
 1696  must be credited against medical payments coverage benefits, and
 1697  are due and payable as losses accrue, upon reasonable proof of
 1698  such losses and the amount of expenses and losses incurred which
 1699  are covered by the policy issued under this section.
 1700         2. When the Agency for Health Care Administration provides,
 1701  pays for, or becomes liable for medical assistance under the
 1702  Medicaid program which is related to injury, sickness, disease,
 1703  or death arising out of the ownership, maintenance, or use of a
 1704  motor vehicle, medical payments benefits are subject to the
 1705  provisions of the Medicaid program, and, within 30 days after
 1706  receiving notice that the Medicaid program paid such benefits,
 1707  the insurer must repay the full amount of the benefits to the
 1708  Medicaid program.
 1709         (b)A medical payments insurance policy may include a
 1710  provision allowing subrogation for medical payments benefits
 1711  paid, if the expenses giving rise to the payments were caused by
 1712  wrongful act or omission of another.
 1713         (c)Upon receiving notice of an accident that is
 1714  potentially covered by medical payments coverage benefits, the
 1715  insurer must reserve $2,500 of medical payments coverage
 1716  benefits for payment to physicians licensed under chapter 458 or
 1717  chapter 459 or dentists licensed under chapter 466 who provide
 1718  emergency services and care, as defined in s. 395.002, or who
 1719  provide hospital inpatient care. The amount required to be held
 1720  in reserve may be used only to pay claims from such physicians
 1721  or dentists until 30 days after the date the insurer receives
 1722  notice of the accident. After the 30-day period, any amount of
 1723  the reserve for which the insurer has not received notice of
 1724  such claims may be used by the insurer to pay other claims. This
 1725  paragraph does not require an insurer to establish a claim
 1726  reserve for insurance accounting purposes.
 1727         (5) CHARGES FOR CARE OF INJURED PERSONS.—
 1728         (a) A physician, hospital, clinic, or other person or
 1729  institution lawfully providing medical care to an injured person
 1730  for a bodily injury covered by medical payments coverage may
 1731  charge the insurer and injured party only a reasonable amount
 1732  pursuant to this section. However, such charges may not exceed
 1733  the amount the person or institution customarily charges for
 1734  like medical care. In determining whether a charge for a
 1735  particular service, treatment, supply, or prescription is
 1736  reasonable, consideration may be given to evidence of usual and
 1737  customary charges and payments accepted by the provider involved
 1738  in the dispute; reimbursement levels in the community and
 1739  various federal and state medical fee schedules applicable to
 1740  motor vehicle and other insurance coverages; and other
 1741  information relevant to the reasonableness of the reimbursement
 1742  for the service, treatment, supply, or prescription.
 1743         1. The insurer may limit reimbursement to the following
 1744  schedule of maximum charges:
 1745         a. For emergency transport and treatment by providers
 1746  licensed under chapter 401, 200 percent of Medicare.
 1747         b. For emergency services and care provided by a hospital
 1748  licensed under chapter 395, 75 percent of the hospital’s usual
 1749  and customary charges.
 1750         c. For emergency services and care, as defined in s.
 1751  395.002, provided in a facility licensed under chapter 395 and
 1752  rendered by a physician or dentist, and related hospital
 1753  inpatient services rendered by a physician or dentist, the usual
 1754  and customary charges in the community.
 1755         d. For hospital inpatient services other than emergency
 1756  services and care, 200 percent of the Medicare Part A
 1757  prospective payment applicable to the specific hospital
 1758  providing the inpatient services.
 1759         e. For hospital outpatient services other than emergency
 1760  services and care, 200 percent of the Medicare Part A Ambulatory
 1761  Payment Classification for the specific hospital providing the
 1762  outpatient services.
 1763         f.For all other medical services, supplies, and care, 200
 1764  percent of the allowable amount under:
 1765         (I)The participating physician fee schedule of Medicare
 1766  Part B, except as provided in sub-sub-subparagraphs (II) and
 1767  (III).
 1768         (II)Medicare Part B, in the case of services, supplies,
 1769  and care provided by ambulatory surgical centers and clinical
 1770  laboratories.
 1771         (III)The Durable Medical Equipment Prosthetics/Orthotics
 1772  and Supplies fee schedule of Medicare Part B, in the case of
 1773  durable medical equipment.
 1774  
 1775  However, if such services, supplies, or care is not reimbursable
 1776  under Medicare Part B as provided in this sub-subparagraph, the
 1777  insurer may limit reimbursement to 80 percent of the maximum
 1778  reimbursable allowance under workers’ compensation. Services,
 1779  supplies, or care that is not reimbursable under Medicare or
 1780  workers’ compensation is not required to be reimbursed by the
 1781  insurer.
 1782         2. For purposes of subparagraph 1., the applicable fee
 1783  schedule or payment limitation under Medicare is the fee
 1784  schedule or payment limitation in effect on March 1 of the
 1785  service year in which the services, supplies, or care is
 1786  rendered and for the area in which the services, supplies, or
 1787  care is rendered. The applicable fee schedule or payment
 1788  limitation applies to services, supplies, or care rendered
 1789  during that service year notwithstanding any subsequent change
 1790  made to the fee schedule or payment limitation; however, it may
 1791  not be less than the allowable amount under the applicable
 1792  schedule of Medicare Part B for 2007 for medical services,
 1793  supplies, and care subject to Medicare Part B. For purposes of
 1794  this subparagraph, the term “service year” means the period from
 1795  March 1 through the end of February of the following year.
 1796         3. For purposes of subparagraph 1., the applicable fee
 1797  schedule or payment limitation under workers’ compensation is
 1798  determined under s. 440.13 and rules adopted thereunder which
 1799  are in effect at the time such services, supplies, or care is
 1800  provided.
 1801         4. Subparagraph 1. does not authorize the insurer to apply
 1802  any limitation on the number of treatments or other utilization
 1803  limits that apply under Medicare or workers’ compensation. An
 1804  insurer that applies the allowable payment limitations of
 1805  subparagraph 1. must reimburse a provider who lawfully provided
 1806  medical care under the scope of his or her license, regardless
 1807  of whether the provider is entitled to reimbursement under
 1808  Medicare or workers’ compensation due to restrictions or
 1809  limitations on the types or discipline of health care providers
 1810  who may be reimbursed for particular procedures or procedure
 1811  codes. However, subparagraph 1. does not prohibit an insurer
 1812  from using the Medicare coding policies and payment
 1813  methodologies of the federal Centers for Medicare and Medicaid
 1814  Services, including applicable modifiers, to determine the
 1815  appropriate amount of reimbursement for medical services,
 1816  supplies, or care, if the coding policy or payment methodology
 1817  does not constitute a utilization limit.
 1818         5. If an insurer limits payment as authorized by
 1819  subparagraph 1., the person providing such medical care may not
 1820  bill or attempt to collect from the insured any amount in excess
 1821  of such limits, except for amounts that are not covered by the
 1822  insured’s medical payments benefits due to the maximum policy
 1823  limits.
 1824         6. An insurer may limit payment as authorized by this
 1825  paragraph only if the insurance policy includes a notice at the
 1826  time of issuance or renewal that the insurer may limit payment
 1827  pursuant to the schedule of charges specified in this paragraph.
 1828  A policy form approved by the office satisfies this requirement.
 1829  If a provider submits a charge for an amount less than the
 1830  amount allowed under subparagraph 1., the insurer may pay the
 1831  amount of the charge submitted.
 1832         (b)1. An insurer or insured is not required to pay a claim
 1833  or charges:
 1834         a. For any service or treatment that was not lawful at the
 1835  time rendered;
 1836         b. To any person who knowingly submits a false or
 1837  misleading statement relating to the claim or charges; or
 1838         c. For any treatment or service that is upcoded or that is
 1839  unbundled when the treatment or services should be bundled. To
 1840  facilitate prompt payment of lawful services, an insurer may
 1841  change codes that it determines have been improperly or
 1842  incorrectly upcoded or unbundled and may make payment based on
 1843  the changed codes, without affecting the right of the provider
 1844  to dispute the change by the insurer, if, before doing so, the
 1845  insurer contacts the health care provider and discusses the
 1846  reasons for the insurer’s change and the health care provider’s
 1847  reason for the coding, or makes a reasonable good faith effort
 1848  to do so, as documented in the insurer’s file.
 1849         2. The Department of Health, in consultation with the
 1850  appropriate professional licensing boards, shall adopt by rule a
 1851  list of diagnostic tests deemed not to be medically necessary
 1852  for use in the treatment of persons sustaining bodily injury
 1853  covered by medical payments benefits under this section. The
 1854  list must be revised from time to time as determined by the
 1855  Department of Health in consultation with the respective
 1856  professional licensing boards. Inclusion of a test on the list
 1857  must be based on a lack of demonstrated medical value and a
 1858  level of general acceptance by the relevant provider community
 1859  and may not be dependent on results based entirely upon
 1860  subjective patient response. Notwithstanding its inclusion on a
 1861  fee schedule in this subsection, an insurer or insured is not
 1862  required to pay any charges or reimburse claims for an invalid
 1863  diagnostic test as determined by the Department of Health.
 1864         (c) With respect to any medical care other than medical
 1865  services billed by a hospital or other provider for emergency
 1866  services and care, as defined in s. 395.002, or inpatient
 1867  services rendered at a hospital-owned facility, the statement of
 1868  charges must be furnished to the insurer by the provider.
 1869         (d) All statements and bills for medical services rendered
 1870  by a physician, hospital, clinic, or other person or institution
 1871  must be submitted to the insurer on a properly completed Centers
 1872  for Medicare and Medicaid Services Form CMS-1500, a UB-92 form,
 1873  or any other standard form approved by the office and adopted by
 1874  the commission for purposes of this paragraph. All billings for
 1875  such services rendered by providers must, to the extent
 1876  applicable, comply with the Form CMS-1500 instructions, the
 1877  codes established by the American Medical Association’s Current
 1878  Procedural Terminology Editorial Panel, and the Healthcare
 1879  Common Procedure Coding System (HCPCS) and must follow the
 1880  Physicians’ Current Procedural Terminology (CPT), the HCPCS in
 1881  effect for the year in which services are rendered, and the
 1882  International Classification of Diseases adopted by the United
 1883  States Department of Health and Human Services in effect for the
 1884  year in which services are rendered. The guidance for
 1885  determining compliance with applicable CPT and HCPCS coding must
 1886  be provided by the CPT or the HCPCS in effect for the year in
 1887  which services were rendered, the Office of the Inspector
 1888  General, Physicians Compliance Guidelines, and other
 1889  authoritative treatises designated by rule by the Agency for
 1890  Health Care Administration. A statement of medical services may
 1891  not include charges for medical services of a person or entity
 1892  that performed such services without possessing the valid
 1893  licenses required to perform such services.
 1894         (6) CIVIL ACTION FOR INSURANCE FRAUD.—An insurer has a
 1895  cause of action against any person convicted of, or who,
 1896  regardless of adjudication of guilt, pleads guilty or nolo
 1897  contendere to, insurance fraud under s. 817.234, patient
 1898  brokering under s. 817.505, or kickbacks under s. 456.054,
 1899  associated with a claim for medical payments coverage benefits
 1900  in accordance with this section. An insurer prevailing in an
 1901  action brought under this subsection may recover compensatory,
 1902  consequential, and punitive damages subject to the requirements
 1903  and limitations of part II of chapter 768 and attorney fees and
 1904  costs incurred in litigating a cause of action against any
 1905  person convicted of, or who, regardless of adjudication of
 1906  guilt, pleads guilty or nolo contendere to, insurance fraud
 1907  under s. 817.234, patient brokering under s. 817.505, or
 1908  kickbacks under s. 456.054, associated with a claim for medical
 1909  payments coverage benefits in accordance with this section.
 1910         (7) FRAUD ADVISORY NOTICE.—Upon receiving notice of a claim
 1911  under this section, an insurer shall provide a notice to the
 1912  insured or to a person for whom a claim for reimbursement for
 1913  diagnosis or treatment of injuries has been filed, advising
 1914  that:
 1915         (a) Pursuant to s. 626.9892, the department may pay rewards
 1916  of up to $25,000 to persons who provide information leading to
 1917  the arrest and conviction of persons committing crimes
 1918  investigated by the Division of Investigative and Forensic
 1919  Services arising from violations of s. 440.105, s. 624.15, s.
 1920  626.9541, s. 626.989, or s. 817.234.
 1921         (b) Solicitation of a person injured in a motor vehicle
 1922  crash for purposes of filing medical payments coverage or tort
 1923  claims could be a violation of s. 817.234, s. 817.505, or the
 1924  rules regulating The Florida Bar and should be immediately
 1925  reported to the Division of Investigative and Forensic Services
 1926  if such conduct has taken place.
 1927         (8) NONREIMBURSABLE CLAIMS.—Claims generated as a result of
 1928  activities that are unlawful pursuant to s. 817.505 are not
 1929  reimbursable.
 1930         (9) SECURE ELECTRONIC DATA TRANSFER.—A notice,
 1931  documentation, transmission, or communication of any kind
 1932  required or authorized under this section may be transmitted
 1933  electronically if it is transmitted by secure electronic data
 1934  transfer that is consistent with state and federal privacy and
 1935  security laws.
 1936         Section 40. Subsections (1) and (7) of section 627.727,
 1937  Florida Statutes, are amended, and present subsections (8), (9),
 1938  and (10) of that section are redesignated as subsections (7),
 1939  (8), and (9), respectively, to read:
 1940         627.727 Motor vehicle insurance; uninsured and underinsured
 1941  vehicle coverage; insolvent insurer protection.—
 1942         (1) A No motor vehicle liability insurance policy that
 1943  which provides bodily injury liability coverage may not shall be
 1944  delivered or issued for delivery in this state with respect to
 1945  any specifically insured or identified motor vehicle registered
 1946  or principally garaged in this state, unless uninsured motor
 1947  vehicle coverage is provided therein or supplemental thereto for
 1948  the protection of persons insured thereunder who are legally
 1949  entitled to recover damages from owners or operators of
 1950  uninsured motor vehicles because of bodily injury, sickness, or
 1951  disease, including death, resulting therefrom. However, the
 1952  coverage required under this section is not applicable if when,
 1953  or to the extent that, an insured named in the policy makes a
 1954  written rejection of the coverage on behalf of all insureds
 1955  under the policy. If When a motor vehicle is leased for a period
 1956  of 1 year or longer and the lessor of such vehicle, by the terms
 1957  of the lease contract, provides liability coverage on the leased
 1958  vehicle, the lessee of such vehicle has shall have the sole
 1959  privilege to reject uninsured motorist coverage or to select
 1960  lower limits than the bodily injury liability limits, regardless
 1961  of whether the lessor is qualified as a self-insurer pursuant to
 1962  s. 324.171. Unless an insured, or lessee having the privilege of
 1963  rejecting uninsured motorist coverage, requests such coverage or
 1964  requests higher uninsured motorist limits in writing, the
 1965  coverage or such higher uninsured motorist limits need not be
 1966  provided in or supplemental to any other policy which renews,
 1967  extends, changes, supersedes, or replaces an existing policy
 1968  with the same bodily injury liability limits when an insured or
 1969  lessee had rejected the coverage. When an insured or lessee has
 1970  initially selected limits of uninsured motorist coverage lower
 1971  than her or his bodily injury liability limits, higher limits of
 1972  uninsured motorist coverage need not be provided in or
 1973  supplemental to any other policy that which renews, extends,
 1974  changes, supersedes, or replaces an existing policy with the
 1975  same bodily injury liability limits unless an insured requests
 1976  higher uninsured motorist coverage in writing. The rejection or
 1977  selection of lower limits must shall be made on a form approved
 1978  by the office. The form must shall fully advise the applicant of
 1979  the nature of the coverage and must shall state that the
 1980  coverage is equal to bodily injury liability limits unless lower
 1981  limits are requested or the coverage is rejected. The heading of
 1982  the form must shall be in 12-point bold type and must shall
 1983  state: “You are electing not to purchase certain valuable
 1984  coverage that which protects you and your family or you are
 1985  purchasing uninsured motorist limits less than your bodily
 1986  injury liability limits when you sign this form. Please read
 1987  carefully.” If this form is signed by a named insured, it will
 1988  be conclusively presumed that there was an informed, knowing
 1989  rejection of coverage or election of lower limits on behalf of
 1990  all insureds. The insurer shall notify the named insured at
 1991  least annually of her or his options as to the coverage required
 1992  by this section. Such notice must shall be part of, and attached
 1993  to, the notice of premium, must shall provide for a means to
 1994  allow the insured to request such coverage, and must shall be
 1995  given in a manner approved by the office. Receipt of this notice
 1996  does not constitute an affirmative waiver of the insured’s right
 1997  to uninsured motorist coverage if where the insured has not
 1998  signed a selection or rejection form. The coverage described
 1999  under this section must shall be over and above, but may shall
 2000  not duplicate, the benefits available to an insured under any
 2001  workers’ compensation law, personal injury protection benefits,
 2002  disability benefits law, or similar law; under any automobile
 2003  medical payments expense coverage; under any motor vehicle
 2004  liability insurance coverage; or from the owner or operator of
 2005  the uninsured motor vehicle or any other person or organization
 2006  jointly or severally liable together with such owner or operator
 2007  for the accident; and such coverage must shall cover the
 2008  difference, if any, between the sum of such benefits and the
 2009  damages sustained, up to the maximum amount of such coverage
 2010  provided under this section. The amount of coverage available
 2011  under this section may shall not be reduced by a setoff against
 2012  any coverage, including liability insurance. Such coverage does
 2013  shall not inure directly or indirectly to the benefit of any
 2014  workers’ compensation or disability benefits carrier or any
 2015  person or organization qualifying as a self-insurer under any
 2016  workers’ compensation or disability benefits law or similar law.
 2017         (7) The legal liability of an uninsured motorist coverage
 2018  insurer does not include damages in tort for pain, suffering,
 2019  mental anguish, and inconvenience unless the injury or disease
 2020  is described in one or more of paragraphs (a)-(d) of s.
 2021  627.737(2).
 2022         Section 41. Subsection (1) and paragraphs (a) and (b) of
 2023  subsection (2) of section 627.7275, Florida Statutes, are
 2024  amended to read:
 2025         627.7275 Motor vehicle liability.—
 2026         (1) A motor vehicle insurance policy providing personal
 2027  injury protection as set forth in s. 627.736 may not be
 2028  delivered or issued for delivery in this state for a with
 2029  respect to any specifically insured or identified motor vehicle
 2030  registered or principally garaged in this state must provide
 2031  bodily injury liability coverage and unless the policy also
 2032  provides coverage for property damage liability coverage as
 2033  required under by s. 324.022, and medical payments coverage as
 2034  required under s. 627.7265.
 2035         (2)(a) Insurers writing motor vehicle insurance in this
 2036  state shall make available, subject to the insurers’ usual
 2037  underwriting restrictions:
 2038         1. Coverage under policies as described in subsection (1)
 2039  to an applicant for private passenger motor vehicle insurance
 2040  coverage who is seeking the coverage in order to reinstate the
 2041  applicant’s driving privileges in this state if the driving
 2042  privileges were revoked or suspended pursuant to s. 316.646 or
 2043  s. 324.0221 due to the failure of the applicant to maintain
 2044  required security.
 2045         2. Coverage under policies as described in subsection (1),
 2046  which includes bodily injury also provides liability coverage
 2047  and property damage liability coverage for bodily injury, death,
 2048  and property damage arising out of the ownership, maintenance,
 2049  or use of the motor vehicle in an amount not less than the
 2050  minimum limits required under described in s. 324.021(7) or s.
 2051  324.023 and which conforms to the requirements of s. 324.151, to
 2052  an applicant for private passenger motor vehicle insurance
 2053  coverage who is seeking the coverage in order to reinstate the
 2054  applicant’s driving privileges in this state after such
 2055  privileges were revoked or suspended under s. 316.193 or s.
 2056  322.26(2) for driving under the influence.
 2057         (b) The policies described in paragraph (a) must shall be
 2058  issued for at least 6 months and, as to the minimum coverages
 2059  required under this section, may not be canceled by the insured
 2060  for any reason or by the insurer after 60 days, during which
 2061  period the insurer is completing the underwriting of the policy.
 2062  After the insurer has completed underwriting the policy, the
 2063  insurer shall notify the Department of Highway Safety and Motor
 2064  Vehicles that the policy is in full force and effect and is not
 2065  cancelable for the remainder of the policy period. A premium
 2066  must shall be collected and the coverage is in effect for the
 2067  60-day period during which the insurer is completing the
 2068  underwriting of the policy, whether or not the person’s driver
 2069  license, motor vehicle tag, and motor vehicle registration are
 2070  in effect. Once the noncancelable provisions of the policy
 2071  become effective, the bodily injury liability and property
 2072  damage liability coverages for bodily injury, property damage,
 2073  and personal injury protection may not be reduced below the
 2074  minimum limits required under s. 324.021 or s. 324.023 during
 2075  the policy period, and the medical payments coverage may not be
 2076  reduced below the minimum limit required under s. 627.7265.
 2077         Section 42. Paragraph (a) of subsection (1) of section
 2078  627.728, Florida Statutes, is amended to read:
 2079         627.728 Cancellations; nonrenewals.—
 2080         (1) As used in this section, the term:
 2081         (a) “Policy” means the bodily injury and property damage
 2082  liability, personal injury protection, medical payments,
 2083  comprehensive, collision, and uninsured motorist coverage
 2084  portions of a policy of motor vehicle insurance delivered or
 2085  issued for delivery in this state:
 2086         1. Insuring a natural person as named insured or one or
 2087  more related individuals who are residents resident of the same
 2088  household; and
 2089         2. Insuring only a motor vehicle of the private passenger
 2090  type or station wagon type which is not used as a public or
 2091  livery conveyance for passengers or rented to others; or
 2092  insuring any other four-wheel motor vehicle having a load
 2093  capacity of 1,500 pounds or less which is not used in the
 2094  occupation, profession, or business of the insured other than
 2095  farming; other than any policy issued under an automobile
 2096  insurance assigned risk plan or covering garage, automobile
 2097  sales agency, repair shop, service station, or public parking
 2098  place operation hazards.
 2099  
 2100  The term “policy” does not include a binder as defined in s.
 2101  627.420 unless the duration of the binder period exceeds 60
 2102  days.
 2103         Section 43. Subsection (1), paragraph (a) of subsection
 2104  (5), and subsections (6) and (7) of section 627.7295, Florida
 2105  Statutes, are amended to read:
 2106         627.7295 Motor vehicle insurance contracts.—
 2107         (1) As used in this section, the term:
 2108         (a) “Policy” means a motor vehicle insurance policy that
 2109  provides bodily injury liability personal injury protection
 2110  coverage, property damage liability coverage, and medical
 2111  payments coverage or both.
 2112         (b) “Binder” means a binder that provides motor vehicle
 2113  bodily injury liability coverage, personal injury protection and
 2114  property damage liability coverage, and medical payments
 2115  coverage.
 2116         (5)(a) A licensed general lines agent may charge a per
 2117  policy fee up to not to exceed $10 to cover the administrative
 2118  costs of the agent associated with selling the motor vehicle
 2119  insurance policy if the policy covers only bodily injury
 2120  liability coverage, personal injury protection coverage as
 2121  provided by s. 627.736 and property damage liability coverage,
 2122  and medical payments coverage as provided by s. 627.7275 and if
 2123  no other insurance is sold or issued in conjunction with or
 2124  collateral to the policy. The fee is not considered part of the
 2125  premium.
 2126         (6) If a motor vehicle owner’s driver license, license
 2127  plate, and registration have previously been suspended pursuant
 2128  to s. 316.646 or s. 627.733, an insurer may cancel a new policy
 2129  only as provided in s. 627.7275.
 2130         (7) A policy of private passenger motor vehicle insurance
 2131  or a binder for such a policy may be initially issued in this
 2132  state only if, before the effective date of such binder or
 2133  policy, the insurer or agent has collected from the insured an
 2134  amount equal to 2 months’ premium from the insured. An insurer,
 2135  agent, or premium finance company may not, directly or
 2136  indirectly, take any action that results resulting in the
 2137  insured paying having paid from the insured’s own funds an
 2138  amount less than the 2 months’ premium required by this
 2139  subsection. This subsection applies without regard to whether
 2140  the premium is financed by a premium finance company or is paid
 2141  pursuant to a periodic payment plan of an insurer or an
 2142  insurance agent.
 2143         (a) This subsection does not apply:
 2144         1. If an insured or member of the insured’s family is
 2145  renewing or replacing a policy or a binder for such policy
 2146  written by the same insurer or a member of the same insurer
 2147  group. This subsection does not apply
 2148         2. To an insurer that issues private passenger motor
 2149  vehicle coverage primarily to active duty or former military
 2150  personnel or their dependents. This subsection does not apply
 2151         3. If all policy payments are paid pursuant to a payroll
 2152  deduction plan, an automatic electronic funds transfer payment
 2153  plan from the policyholder, or a recurring credit card or debit
 2154  card agreement with the insurer.
 2155         (b) This subsection and subsection (4) do not apply if:
 2156         1. All policy payments to an insurer are paid pursuant to
 2157  an automatic electronic funds transfer payment plan from an
 2158  agent, a managing general agent, or a premium finance company
 2159  and if the policy includes, at a minimum, bodily injury
 2160  liability coverage, personal injury protection pursuant to ss.
 2161  627.730-627.7405; motor vehicle property damage liability
 2162  coverage, and medical payments coverage pursuant to s. 627.7275;
 2163  or and bodily injury liability in at least the amount of $10,000
 2164  because of bodily injury to, or death of, one person in any one
 2165  accident and in the amount of $20,000 because of bodily injury
 2166  to, or death of, two or more persons in any one accident. This
 2167  subsection and subsection (4) do not apply if
 2168         2. An insured has had a policy in effect for at least 6
 2169  months, the insured’s agent is terminated by the insurer that
 2170  issued the policy, and the insured obtains coverage on the
 2171  policy’s renewal date with a new company through the terminated
 2172  agent.
 2173         Section 44. Subsections (1) and (2) of section 627.7415,
 2174  Florida Statutes, are amended to read:
 2175         627.7415 Commercial motor vehicles; additional liability
 2176  insurance coverage.—Commercial motor vehicles, as defined in s.
 2177  207.002 or s. 320.01, operated upon the roads and highways of
 2178  this state shall be insured with the following minimum levels of
 2179  combined bodily liability insurance and property damage
 2180  liability insurance under subsections (1) and (2) in addition to
 2181  any other insurance requirements.:
 2182         (1) Fifty thousand dollars per occurrence For a commercial
 2183  motor vehicle with a gross vehicle weight of 26,000 pounds or
 2184  more, but less than 35,000 pounds:
 2185         (a) Beginning January 1, 2019, through December 31, 2020,
 2186  no less than $50,000 per occurrence.
 2187         (b) Beginning January 1, 2021, and thereafter, no less than
 2188  $60,000 per occurrence.
 2189         (2) One hundred thousand dollars per occurrence For a
 2190  commercial motor vehicle with a gross vehicle weight of 35,000
 2191  pounds or more, but less than 44,000 pounds:
 2192         (a) Beginning January 1, 2019, through December 31, 2020,
 2193  no less than $100,000 per occurrence.
 2194         (b) Beginning January 1, 2021, and thereafter, no less than
 2195  $120,000 per occurrence.
 2196  
 2197  A violation of this section is a noncriminal traffic infraction,
 2198  punishable as a nonmoving violation as provided in chapter 318.
 2199         Section 45. Section 627.8405, Florida Statutes, is amended
 2200  to read:
 2201         627.8405 Prohibited acts; financing companies.—A No premium
 2202  finance company shall, in a premium finance agreement or other
 2203  agreement, may not finance the cost of or otherwise provide for
 2204  the collection or remittance of dues, assessments, fees, or
 2205  other periodic payments of money for the cost of:
 2206         (1) A membership in an automobile club. The term
 2207  “automobile club” means a legal entity that which, in
 2208  consideration of dues, assessments, or periodic payments of
 2209  money, promises its members or subscribers to assist them in
 2210  matters relating to the ownership, operation, use, or
 2211  maintenance of a motor vehicle; however, the term this
 2212  definition of “automobile club” does not include persons,
 2213  associations, or corporations which are organized and operated
 2214  solely for the purpose of conducting, sponsoring, or sanctioning
 2215  motor vehicle races, exhibitions, or contests upon racetracks,
 2216  or upon racecourses established and marked as such for the
 2217  duration of such particular events. The term words “motor
 2218  vehicle” used herein has have the same meaning as defined in
 2219  chapter 320.
 2220         (2) An accidental death and dismemberment policy sold in
 2221  combination with a policy providing only medical payments
 2222  coverage, bodily injury liability coverage, personal injury
 2223  protection and property damage liability coverage only policy.
 2224         (3) Any product not regulated under the provisions of this
 2225  insurance code.
 2226  
 2227  This section also applies to premium financing by any insurance
 2228  agent or insurance company under part XVI. The commission shall
 2229  adopt rules to assure disclosure, at the time of sale, of
 2230  coverages financed with personal injury protection and shall
 2231  prescribe the form of such disclosure.
 2232         Section 46. Subsection (1) of section 627.915, Florida
 2233  Statutes, is amended to read:
 2234         627.915 Insurer experience reporting.—
 2235         (1) Each insurer transacting private passenger automobile
 2236  insurance in this state shall report certain information
 2237  annually to the office. The information will be due on or before
 2238  July 1 of each year. The information must shall be divided into
 2239  the following categories: bodily injury liability; property
 2240  damage liability; uninsured motorist; personal injury protection
 2241  benefits; medical payments; and comprehensive and collision. The
 2242  information given must shall be on direct insurance writings in
 2243  the state alone and shall represent total limits data. The
 2244  information set forth in paragraphs (a)-(f) is applicable to
 2245  voluntary private passenger and Joint Underwriting Association
 2246  private passenger writings and must shall be reported for each
 2247  of the latest 3 calendar-accident years, with an evaluation date
 2248  of March 31 of the current year. The information set forth in
 2249  paragraphs (g)-(j) is applicable to voluntary private passenger
 2250  writings and must shall be reported on a calendar-accident year
 2251  basis ultimately seven times at seven different stages of
 2252  development.
 2253         (a) Premiums earned for the latest 3 calendar-accident
 2254  years.
 2255         (b) Loss development factors and the historic development
 2256  of those factors.
 2257         (c) Policyholder dividends incurred.
 2258         (d) Expenses for other acquisition and general expense.
 2259         (e) Expenses for agents’ commissions and taxes, licenses,
 2260  and fees.
 2261         (f) Profit and contingency factors as utilized in the
 2262  insurer’s automobile rate filings for the applicable years.
 2263         (g) Losses paid.
 2264         (h) Losses unpaid.
 2265         (i) Loss adjustment expenses paid.
 2266         (j) Loss adjustment expenses unpaid.
 2267         Section 47. Subsections (2) and (3) of section 628.909,
 2268  Florida Statutes, are amended to read:
 2269         628.909 Applicability of other laws.—
 2270         (2) The following provisions of the Florida Insurance Code
 2271  apply to captive insurance companies who are not industrial
 2272  insured captive insurance companies to the extent that such
 2273  provisions are not inconsistent with this part:
 2274         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 2275  624.40851, 624.4095, 624.411, 624.425, and 624.426.
 2276         (b) Chapter 625, part II.
 2277         (c) Chapter 626, part IX.
 2278         (d) Sections 627.730-627.7405, when no-fault coverage is
 2279  provided.
 2280         (e) Chapter 628.
 2281         (3) The following provisions of the Florida Insurance Code
 2282  shall apply to industrial insured captive insurance companies to
 2283  the extent that such provisions are not inconsistent with this
 2284  part:
 2285         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 2286  624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1).
 2287         (b) Chapter 625, part II, if the industrial insured captive
 2288  insurance company is incorporated in this state.
 2289         (c) Chapter 626, part IX.
 2290         (d) Sections 627.730-627.7405 when no-fault coverage is
 2291  provided.
 2292         (e) Chapter 628, except for ss. 628.341, 628.351, and
 2293  628.6018.
 2294         Section 48. Subsections (2), (6), and (7) of section
 2295  705.184, Florida Statutes, are amended to read:
 2296         705.184 Derelict or abandoned motor vehicles on the
 2297  premises of public-use airports.—
 2298         (2) The airport director or the director’s designee shall
 2299  contact the Department of Highway Safety and Motor Vehicles to
 2300  notify that department that the airport has possession of the
 2301  abandoned or derelict motor vehicle and to determine the name
 2302  and address of the owner of the motor vehicle, the insurance
 2303  company insuring the motor vehicle, notwithstanding the
 2304  provisions of s. 627.736, and any person who has filed a lien on
 2305  the motor vehicle. Within 7 business days after receipt of the
 2306  information, the director or the director’s designee shall send
 2307  notice by certified mail, return receipt requested, to the owner
 2308  of the motor vehicle, the insurance company insuring the motor
 2309  vehicle, notwithstanding the provisions of s. 627.736, and all
 2310  persons of record claiming a lien against the motor vehicle. The
 2311  notice must shall state the fact of possession of the motor
 2312  vehicle, that charges for reasonable towing, storage, and
 2313  parking fees, if any, have accrued and the amount thereof, that
 2314  a lien as provided in subsection (6) will be claimed, that the
 2315  lien is subject to enforcement pursuant to law, that the owner
 2316  or lienholder, if any, has the right to a hearing as set forth
 2317  in subsection (4), and that any motor vehicle which, at the end
 2318  of 30 calendar days after receipt of the notice, has not been
 2319  removed from the airport upon payment in full of all accrued
 2320  charges for reasonable towing, storage, and parking fees, if
 2321  any, may be disposed of as provided in s. 705.182(2)(a), (b),
 2322  (d), or (e), including, but not limited to, the motor vehicle
 2323  being sold free of all prior liens after 35 calendar days after
 2324  the time the motor vehicle is stored if any prior liens on the
 2325  motor vehicle are more than 5 years of age or after 50 calendar
 2326  days after the time the motor vehicle is stored if any prior
 2327  liens on the motor vehicle are 5 years of age or less.
 2328         (6) The airport pursuant to this section or, if used, a
 2329  licensed independent wrecker company pursuant to s. 713.78 shall
 2330  have a lien on an abandoned or derelict motor vehicle for all
 2331  reasonable towing, storage, and accrued parking fees, if any,
 2332  except that no storage fee may shall be charged if the motor
 2333  vehicle is stored less than 6 hours. As a prerequisite to
 2334  perfecting a lien under this section, the airport director or
 2335  the director’s designee must serve a notice in accordance with
 2336  subsection (2) on the owner of the motor vehicle, the insurance
 2337  company insuring the motor vehicle, notwithstanding the
 2338  provisions of s. 627.736, and all persons of record claiming a
 2339  lien against the motor vehicle. If attempts to notify the owner,
 2340  the insurance company insuring the motor vehicle,
 2341  notwithstanding the provisions of s. 627.736, or lienholders are
 2342  not successful, the requirement of notice by mail shall be
 2343  considered met. Serving of the notice does not dispense with
 2344  recording the claim of lien.
 2345         (7)(a) For the purpose of perfecting its lien under this
 2346  section, the airport shall record a claim of lien which states
 2347  shall state:
 2348         1. The name and address of the airport.
 2349         2. The name of the owner of the motor vehicle, the
 2350  insurance company insuring the motor vehicle, notwithstanding
 2351  the provisions of s. 627.736, and all persons of record claiming
 2352  a lien against the motor vehicle.
 2353         3. The costs incurred from reasonable towing, storage, and
 2354  parking fees, if any.
 2355         4. A description of the motor vehicle sufficient for
 2356  identification.
 2357         (b) The claim of lien must shall be signed and sworn to or
 2358  affirmed by the airport director or the director’s designee.
 2359         (c) The claim of lien is shall be sufficient if it is in
 2360  substantially the following form:
 2361  
 2362                            CLAIM OF LIEN                          
 2363  State of ........
 2364  County of ........
 2365  Before me, the undersigned notary public, personally appeared
 2366  ........, who was duly sworn and says that he/she is the
 2367  ........ of ............, whose address is........; and that the
 2368  following described motor vehicle:
 2369  ...(Description of motor vehicle)...
 2370  owned by ........, whose address is ........, has accrued
 2371  $........ in fees for a reasonable tow, for storage, and for
 2372  parking, if applicable; that the lienor served its notice to the
 2373  owner, the insurance company insuring the motor vehicle
 2374  notwithstanding the provisions of s. 627.736, Florida Statutes,
 2375  and all persons of record claiming a lien against the motor
 2376  vehicle on ...., ...(year)..., by.........
 2377  ...(Signature)...
 2378  Sworn to (or affirmed) and subscribed before me this .... day of
 2379  ...., ...(year)..., by ...(name of person making statement)....
 2380  ...(Signature of Notary Public)......(Print, Type, or Stamp
 2381  Commissioned name of Notary Public)...
 2382  Personally Known....OR Produced....as identification.
 2383  
 2384  However, the negligent inclusion or omission of any information
 2385  in this claim of lien which does not prejudice the owner does
 2386  not constitute a default that operates to defeat an otherwise
 2387  valid lien.
 2388         (d) The claim of lien must shall be served on the owner of
 2389  the motor vehicle, the insurance company insuring the motor
 2390  vehicle, notwithstanding the provisions of s. 627.736, and all
 2391  persons of record claiming a lien against the motor vehicle. If
 2392  attempts to notify the owner, the insurance company insuring the
 2393  motor vehicle notwithstanding the provisions of s. 627.736, or
 2394  lienholders are not successful, the requirement of notice by
 2395  mail shall be considered met. The claim of lien must shall be so
 2396  served before recordation.
 2397         (e) The claim of lien must shall be recorded with the clerk
 2398  of court in the county where the airport is located. The
 2399  recording of the claim of lien shall be constructive notice to
 2400  all persons of the contents and effect of such claim. The lien
 2401  attaches shall attach at the time of recordation and takes shall
 2402  take priority as of that time.
 2403         Section 49. Subsection (4) of section 713.78, Florida
 2404  Statutes, is amended to read:
 2405         713.78 Liens for recovering, towing, or storing vehicles
 2406  and vessels.—
 2407         (4)(a) Any person regularly engaged in the business of
 2408  recovering, towing, or storing vehicles or vessels who comes
 2409  into possession of a vehicle or vessel pursuant to subsection
 2410  (2), and who claims a lien for recovery, towing, or storage
 2411  services, shall give notice to the registered owner, the
 2412  insurance company insuring the vehicle notwithstanding the
 2413  provisions of s. 627.736, and to all persons claiming a lien
 2414  thereon, as disclosed by the records in the Department of
 2415  Highway Safety and Motor Vehicles or as disclosed by the records
 2416  of any corresponding agency in any other state in which the
 2417  vehicle is identified through a records check of the National
 2418  Motor Vehicle Title Information System or an equivalent
 2419  commercially available system as being titled or registered.
 2420         (b) If a Whenever any law enforcement agency authorizes the
 2421  removal of a vehicle or vessel or if a whenever any towing
 2422  service, garage, repair shop, or automotive service, storage, or
 2423  parking place notifies the law enforcement agency of possession
 2424  of a vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
 2425  enforcement agency of the jurisdiction where the vehicle or
 2426  vessel is stored shall contact the Department of Highway Safety
 2427  and Motor Vehicles, or the appropriate agency of the state of
 2428  registration, if known, within 24 hours through the medium of
 2429  electronic communications, giving the full description of the
 2430  vehicle or vessel. Upon receipt of the full description of the
 2431  vehicle or vessel, the department shall search its files to
 2432  determine the owner’s name, the insurance company insuring the
 2433  vehicle or vessel, and whether any person has filed a lien upon
 2434  the vehicle or vessel as provided in s. 319.27(2) and (3) and
 2435  notify the applicable law enforcement agency within 72 hours.
 2436  The person in charge of the towing service, garage, repair shop,
 2437  or automotive service, storage, or parking place shall obtain
 2438  such information from the applicable law enforcement agency
 2439  within 5 days after the date of storage and shall give notice
 2440  pursuant to paragraph (a). The department may release the
 2441  insurance company information to the requestor notwithstanding
 2442  the provisions of s. 627.736.
 2443         (c) Notice by certified mail must shall be sent within 7
 2444  business days after the date of storage of the vehicle or vessel
 2445  to the registered owner, the insurance company insuring the
 2446  vehicle notwithstanding the provisions of s. 627.736, and all
 2447  persons of record claiming a lien against the vehicle or vessel.
 2448  The notice must It shall state the fact of possession of the
 2449  vehicle or vessel, that a lien as provided in subsection (2) is
 2450  claimed, that charges have accrued and the amount thereof, that
 2451  the lien is subject to enforcement pursuant to law, and that the
 2452  owner or lienholder, if any, has the right to a hearing as set
 2453  forth in subsection (5), and that any vehicle or vessel which
 2454  remains unclaimed, or for which the charges for recovery,
 2455  towing, or storage services remain unpaid, may be sold free of
 2456  all prior liens after 35 days if the vehicle or vessel is more
 2457  than 3 years of age or after 50 days if the vehicle or vessel is
 2458  3 years of age or less.
 2459         (d) If attempts to locate the name and address of the owner
 2460  or lienholder prove unsuccessful, the towing-storage operator
 2461  must shall, after 7 working days, excluding Saturday and Sunday,
 2462  of the initial tow or storage, notify the public agency of
 2463  jurisdiction where the vehicle or vessel is stored in writing by
 2464  certified mail or acknowledged hand delivery that the towing
 2465  storage company has been unable to locate the name and address
 2466  of the owner or lienholder and a physical search of the vehicle
 2467  or vessel has disclosed no ownership information and a good
 2468  faith effort has been made, including records checks of the
 2469  Department of Highway Safety and Motor Vehicles database and the
 2470  National Motor Vehicle Title Information System or an equivalent
 2471  commercially available system. As used in For purposes of this
 2472  paragraph and subsection (9), the term “good faith effort” means
 2473  that the following checks have been performed by the company to
 2474  establish prior state of registration and for title:
 2475         1. Check of the Department of Highway Safety and Motor
 2476  Vehicles database for the owner and any lienholder.
 2477         2. Check of the electronic National Motor Vehicle Title
 2478  Information System or an equivalent commercially available
 2479  system to determine the state of registration when there is not
 2480  a current registration record for the vehicle on file with the
 2481  Department of Highway Safety and Motor Vehicles.
 2482         3. Check of vehicle or vessel for any type of tag, tag
 2483  record, temporary tag, or regular tag.
 2484         4. Check of law enforcement report for tag number or other
 2485  information identifying the vehicle or vessel, if the vehicle or
 2486  vessel was towed at the request of a law enforcement officer.
 2487         5. Check of trip sheet or tow ticket of tow truck operator
 2488  to see if a tag was on vehicle or vessel at beginning of tow, if
 2489  private tow.
 2490         6. If there is no address of the owner on the impound
 2491  report, check of law enforcement report to see if an out-of
 2492  state address is indicated from driver license information.
 2493         7. Check of vehicle or vessel for inspection sticker or
 2494  other stickers and decals that may indicate a state of possible
 2495  registration.
 2496         8. Check of the interior of the vehicle or vessel for any
 2497  papers that may be in the glove box, trunk, or other areas for a
 2498  state of registration.
 2499         9. Check of vehicle for vehicle identification number.
 2500         10. Check of vessel for vessel registration number.
 2501         11. Check of vessel hull for a hull identification number
 2502  which should be carved, burned, stamped, embossed, or otherwise
 2503  permanently affixed to the outboard side of the transom or, if
 2504  there is no transom, to the outmost seaboard side at the end of
 2505  the hull that bears the rudder or other steering mechanism.
 2506         Section 50. Paragraph (a) of subsection (1), paragraph (c)
 2507  of subsection (7), paragraphs (a), (b), and (c) of subsection
 2508  (8), and subsections (9) and (10) of section 817.234, Florida
 2509  Statutes, are amended to read:
 2510         817.234 False and fraudulent insurance claims.—
 2511         (1)(a) A person commits insurance fraud punishable as
 2512  provided in subsection (11) if that person, with the intent to
 2513  injure, defraud, or deceive any insurer:
 2514         1. Presents or causes to be presented any written or oral
 2515  statement as part of, or in support of, a claim for payment or
 2516  other benefit pursuant to an insurance policy or a health
 2517  maintenance organization subscriber or provider contract,
 2518  knowing that such statement contains any false, incomplete, or
 2519  misleading information concerning any fact or thing material to
 2520  such claim;
 2521         2. Prepares or makes any written or oral statement that is
 2522  intended to be presented to an any insurer in connection with,
 2523  or in support of, any claim for payment or other benefit
 2524  pursuant to an insurance policy or a health maintenance
 2525  organization subscriber or provider contract, knowing that such
 2526  statement contains any false, incomplete, or misleading
 2527  information concerning any fact or thing material to such claim;
 2528         3.a. Knowingly presents, causes to be presented, or
 2529  prepares or makes with knowledge or belief that it will be
 2530  presented to an any insurer, purported insurer, servicing
 2531  corporation, insurance broker, or insurance agent, or any
 2532  employee or agent thereof, any false, incomplete, or misleading
 2533  information or a written or oral statement as part of, or in
 2534  support of, an application for the issuance of, or the rating
 2535  of, any insurance policy, or a health maintenance organization
 2536  subscriber or provider contract; or
 2537         b. Knowingly conceals information concerning any fact
 2538  material to such application; or
 2539         4. Knowingly presents, causes to be presented, or prepares
 2540  or makes with knowledge or belief that it will be presented to
 2541  any insurer a claim for payment or other benefit under medical
 2542  payments coverage in a motor vehicle a personal injury
 2543  protection insurance policy if the person knows that the payee
 2544  knowingly submitted a false, misleading, or fraudulent
 2545  application or other document when applying for licensure as a
 2546  health care clinic, seeking an exemption from licensure as a
 2547  health care clinic, or demonstrating compliance with part X of
 2548  chapter 400.
 2549         (7)
 2550         (c) An insurer, or any person acting at the direction of or
 2551  on behalf of an insurer, may not change an opinion in a mental
 2552  or physical report prepared under s. 627.736(7) or direct the
 2553  physician preparing the report to change such opinion; however,
 2554  this provision does not preclude the insurer from calling to the
 2555  attention of the physician errors of fact in the report based
 2556  upon information in the claim file. Any person who violates this
 2557  paragraph commits a felony of the third degree, punishable as
 2558  provided in s. 775.082, s. 775.083, or s. 775.084.
 2559         (8)(a) It is unlawful for any person intending to defraud
 2560  any other person to solicit or cause to be solicited any
 2561  business from a person involved in a motor vehicle accident for
 2562  the purpose of making, adjusting, or settling motor vehicle tort
 2563  claims or claims for benefits under medical payments coverage in
 2564  a motor vehicle insurance policy personal injury protection
 2565  benefits required by s. 627.736. Any person who violates the
 2566  provisions of this paragraph commits a felony of the second
 2567  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2568  775.084. A person who is convicted of a violation of this
 2569  subsection shall be sentenced to a minimum term of imprisonment
 2570  of 2 years.
 2571         (b) A person may not solicit or cause to be solicited any
 2572  business from a person involved in a motor vehicle accident by
 2573  any means of communication other than advertising directed to
 2574  the public for the purpose of making motor vehicle tort claims
 2575  or claims for benefits under medical payments coverage in a
 2576  motor vehicle insurance policy personal injury protection
 2577  benefits required by s. 627.736, within 60 days after the
 2578  occurrence of the motor vehicle accident. Any person who
 2579  violates this paragraph commits a felony of the third degree,
 2580  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2581         (c) A lawyer, health care practitioner as defined in s.
 2582  456.001, or owner or medical director of a clinic required to be
 2583  licensed pursuant to s. 400.9905 may not, at any time after 60
 2584  days have elapsed from the occurrence of a motor vehicle
 2585  accident, solicit or cause to be solicited any business from a
 2586  person involved in a motor vehicle accident by means of in
 2587  person or telephone contact at the person’s residence, for the
 2588  purpose of making motor vehicle tort claims or claims for
 2589  benefits under medical payments coverage in a motor vehicle
 2590  insurance policy personal injury protection benefits required by
 2591  s. 627.736. Any person who violates this paragraph commits a
 2592  felony of the third degree, punishable as provided in s.
 2593  775.082, s. 775.083, or s. 775.084.
 2594         (9) A person may not organize, plan, or knowingly
 2595  participate in an intentional motor vehicle crash or a scheme to
 2596  create documentation of a motor vehicle crash that did not occur
 2597  for the purpose of making motor vehicle tort claims or claims
 2598  for benefits under medical payments coverage in a motor vehicle
 2599  insurance policy personal injury protection benefits as required
 2600  by s. 627.736. Any person who violates this subsection commits a
 2601  felony of the second degree, punishable as provided in s.
 2602  775.082, s. 775.083, or s. 775.084. A person who is convicted of
 2603  a violation of this subsection shall be sentenced to a minimum
 2604  term of imprisonment of 2 years.
 2605         (10) A licensed health care practitioner who is found
 2606  guilty of insurance fraud under this section for an act relating
 2607  to a motor vehicle personal injury protection insurance policy
 2608  loses his or her license to practice for 5 years and may not
 2609  receive reimbursement under medical payments coverage in a motor
 2610  vehicle insurance policy for personal injury protection benefits
 2611  for 10 years.
 2612         Section 51. Applicability and construction; notice to
 2613  policyholders.—
 2614         (1) As used in this section, the term “minimum security
 2615  requirements” means security that enables a person to respond in
 2616  damages for liability on account of crashes arising out of the
 2617  ownership, maintenance, or use of a motor vehicle in the amounts
 2618  required by s. 324.021(7), Florida Statutes.
 2619         (2) Effective January 1, 2019:
 2620         (a) Motor vehicle insurance policies issued or renewed on
 2621  or after that date may not include personal injury protection.
 2622         (b) All persons subject to s. 324.022, s. 324.032, s.
 2623  627.7415, or s. 627.742, Florida Statutes, must maintain at
 2624  least minimum security requirements.
 2625         (c) Any new or renewal motor vehicle insurance policy
 2626  delivered or issued for delivery in this state must provide
 2627  coverage that complies with minimum security requirements.
 2628         (d) Any new or renewal motor vehicle insurance policy
 2629  furnished to an owner or operator of a motor vehicle as proof of
 2630  financial responsibility pursuant to s. 324.022 or s. 324.031,
 2631  Florida Statutes, must provide medical payments coverage that
 2632  complies with s. 627.7265, Florida Statutes.
 2633         (e) An existing motor vehicle insurance policy issued
 2634  before that date which provides personal injury protection and
 2635  property damage liability coverage that meets the requirements
 2636  of s. 324.022, Florida Statutes, on December 31, 2018, but which
 2637  does not meet minimum security requirements on or after January
 2638  1, 2019, is deemed to meet the security requirements of s.
 2639  324.022, Florida Statutes, and the medical payments coverage
 2640  requirements of s. 627.7265, Florida Statutes, until such policy
 2641  is renewed, nonrenewed, or canceled on or after January 1, 2019.
 2642         (3) Each insurer shall allow each insured who has a new or
 2643  renewal policy providing personal injury protection, which
 2644  becomes effective before January 1, 2019, and whose policy does
 2645  not meet minimum security requirements on or after January 1,
 2646  2019, to change coverages so as to eliminate personal injury
 2647  protection and obtain coverage providing minimum security
 2648  requirements, which shall be effective on or after January 1,
 2649  2019. The insurer is not required to provide coverage complying
 2650  with minimum security requirements in such policies if the
 2651  insured does not pay the required premium, if any, by January 1,
 2652  2019, or such later date as the insurer may allow. Any reduction
 2653  in the premium must be refunded by the insurer. The insurer may
 2654  not impose on the insured an additional fee or charge that
 2655  applies solely to a change in coverage; however, the insurer may
 2656  charge an additional required premium that is actuarially
 2657  indicated.
 2658         (4) By September 1, 2018, each motor vehicle insurer shall
 2659  provide notice of this section to each motor vehicle
 2660  policyholder who is subject to this section. The notice is
 2661  subject to approval by the Office of Insurance Regulation and
 2662  must clearly inform the policyholder that:
 2663         (a) The Florida Motor Vehicle No-Fault Law is repealed,
 2664  effective January 1, 2019, and that on or after that date, the
 2665  insured is no longer required to maintain personal injury
 2666  protection insurance coverage, that personal injury protection
 2667  coverage is no longer available for purchase in this state, and
 2668  that all new or renewal policies issued on or after that date do
 2669  not contain such coverage.
 2670         (b) Effective January 1, 2019, a person subject to the
 2671  financial responsibility requirements of s. 324.022, Florida
 2672  Statutes, must maintain minimum security requirements that
 2673  enable the person to respond in damages for liability on account
 2674  of accidents arising out of the use of a motor vehicle in the
 2675  following amounts:
 2676         1.Beginning January 1, 2019, and continuing through
 2677  December 31, 2020:
 2678         a. Twenty thousand dollars for bodily injury to, or the
 2679  death of, one person in any one crash and, subject to such
 2680  limits for one person, in the amount of $40,000 for bodily
 2681  injury to, or the death of, two or more persons in any one
 2682  crash; and
 2683         b.Ten thousand dollars for damage to, or destruction of,
 2684  the property of others in any one crash.
 2685         2. Beginning January 1, 2021, and thereafter:
 2686         a. Twenty-five thousand dollars for bodily injury to, or
 2687  the death of, one person in any one crash and, subject to such
 2688  limits for one person, in the amount of $50,000 for bodily
 2689  injury to, or the death of, two or more persons in any one
 2690  crash; and
 2691         b.Ten thousand dollars for damage to, or destruction of,
 2692  the property of others in any one crash.
 2693         (c) Personal injury protection insurance paid covered
 2694  medical expenses for injuries sustained in a motor vehicle crash
 2695  by the policyholder, passengers, and relatives residing in the
 2696  policyholder’s household.
 2697         (d) Bodily injury liability coverage protects the insured,
 2698  up to the coverage limits, against loss if the insured is
 2699  legally responsible for the death of or bodily injury to others
 2700  in a motor vehicle accident.
 2701         (e) Effective January 1, 2019, a person who purchases a
 2702  motor vehicle liability insurance policy as proof of financial
 2703  responsibility must maintain medical payments coverage that
 2704  complies with s. 627.7265, Florida Statutes. Medical payments
 2705  coverage pays covered medical expenses, up to the limits of such
 2706  coverage, for injuries sustained in a motor vehicle crash by the
 2707  policyholder, passengers, and relatives residing in the
 2708  policyholder’s household, as provided in s. 627.7265, Florida
 2709  Statutes. Medical payments coverage also provides a death
 2710  benefit of at least $5,000. Medical payments coverage provides
 2711  reimbursement for the following if medically necessary and if an
 2712  individual initially receives such treatment within 14 days
 2713  after the motor vehicle accident:
 2714         1.Emergency transportation and treatment.
 2715         2.Emergency services and care provided by a hospital.
 2716         3.Emergency services and care provided by a licensed
 2717  physician or licensed dentist in a hospital, ambulatory surgical
 2718  center, or mobile surgical facility licensed under chapter 395,
 2719  Florida Statutes, and related hospital inpatient care.
 2720         4. Hospital inpatient services, other than emergency
 2721  services and care.
 2722         5.Hospital outpatient services, other than emergency
 2723  services and care.
 2724         6. Physician services and care provided by a physician
 2725  licensed under chapter 458 or chapter 459 or a chiropractic
 2726  physician licensed under chapter 460; dental services and care
 2727  provided by a dentist licensed under chapter 466; or, to the
 2728  extent permitted by applicable law and under the supervision of
 2729  such physician, osteopathic physician, chiropractic physician,
 2730  or dentist, services and care provided by a physician assistant
 2731  licensed under chapter 458 or chapter 459 or by an advanced
 2732  registered nurse practitioner licensed under chapter 464.
 2733         (f) The policyholder may obtain underinsured motorist
 2734  coverage, which provides benefits, up to the limits of such
 2735  coverage, to a policyholder or other insured entitled to recover
 2736  damages for bodily injury, sickness, disease, or death resulting
 2737  from a motor vehicle accident with an uninsured or underinsured
 2738  owner or operator of a motor vehicle.
 2739         (g) If the policyholder’s new or renewal motor vehicle
 2740  insurance policy is effective before January 1, 2019, and
 2741  contains personal injury protection and property damage
 2742  liability coverage as required by state law before January 1,
 2743  2019, but does not meet minimum security requirements on or
 2744  after January 1, 2019, the policy is deemed to meet minimum
 2745  security requirements until it is renewed, nonrenewed, or
 2746  canceled on or after January 1, 2019.
 2747         (h) A policyholder whose new or renewal policy becomes
 2748  effective before January 1, 2019, but does not meet minimum
 2749  security requirements on or after January 1, 2019, may change
 2750  coverages under the policy so as to eliminate personal injury
 2751  protection and to obtain coverage providing minimum security
 2752  requirements, including bodily injury liability coverage, which
 2753  are effective on or after January 1, 2019.
 2754         (i) If the policyholder has any questions, he or she should
 2755  contact the person named at the telephone number provided in the
 2756  notice.
 2757         (5) This section takes effect upon this act becoming a law.
 2758         Section 52. Application of suspensions for failure to
 2759  maintain security; reinstatement.—All suspensions for failure to
 2760  maintain required security as required by law in effect before
 2761  January 1, 2019, remain in full force and effect after January
 2762  1, 2019. A driver may reinstate a suspended driver license or
 2763  registration as provided under s. 324.0221, Florida Statutes.
 2764         Section 53. For the 2018-2019 fiscal year, the sum of
 2765  $83,651 in nonrecurring funds is appropriated from the Insurance
 2766  Regulatory Trust Fund to the Office of Insurance Regulation for
 2767  the purpose of implementing this act.
 2768         Section 54. Except as otherwise expressly provided in this
 2769  act and except for this section, which shall take effect upon
 2770  this act becoming a law, this act shall take effect January 1,
 2771  2019.
 2772  
 2773  ================= T I T L E  A M E N D M E N T ================
 2774  And the title is amended as follows:
 2775         Delete everything before the enacting clause
 2776  and insert:
 2777                        A bill to be entitled                      
 2778         An act relating to motor vehicle insurance; repealing
 2779         ss. 627.730, 627.731, 627.7311, 627.732, 627.733,
 2780         627.734, 627.736, 627.737, 627.739, 627.7401,
 2781         627.7403, and 627.7405, F.S., which comprise the
 2782         Florida Motor Vehicle No-Fault Law; repealing s.
 2783         627.7407, F.S., relating to application of the Florida
 2784         Motor Vehicle No-Fault Law; amending s. 316.646, F.S.;
 2785         revising a requirement for proof of security on a
 2786         motor vehicle and the applicability of the
 2787         requirement; amending s. 318.18, F.S.; conforming a
 2788         provision to changes made by the act; amending s.
 2789         320.02, F.S.; revising the motor vehicle insurance
 2790         coverages that an applicant must show to register
 2791         certain vehicles with the Department of Highway Safety
 2792         and Motor Vehicles; deleting a requirement that
 2793         specified information be included on a certain
 2794         insurance proof-of-purchase card; revising
 2795         construction; amending s. 320.0609, F.S.; conforming a
 2796         provision to changes made by the act; amending s.
 2797         320.27, F.S.; defining the term “garage liability
 2798         insurance”; revising garage liability insurance
 2799         requirements for motor vehicle dealer applicants;
 2800         conforming a provision to changes made by the act;
 2801         amending s. 320.771, F.S.; revising garage liability
 2802         insurance requirements for recreational vehicle dealer
 2803         license applicants; amending ss. 322.251 and 322.34,
 2804         F.S.; conforming provisions to changes made by the
 2805         act; amending s. 324.011, F.S.; revising legislative
 2806         intent; amending s. 324.021, F.S.; revising
 2807         definitions of the terms “motor vehicle” and “proof of
 2808         financial responsibility”; revising, at specified
 2809         timeframes, minimum coverage requirements for proof of
 2810         financial responsibility for specified motor vehicles;
 2811         defining the term “for-hire passenger transportation
 2812         vehicle”; conforming provisions to changes made by the
 2813         act; amending s. 324.022, F.S.; revising, at specified
 2814         timeframes, minimum liability coverage requirements
 2815         for motor vehicle owners or operators; revising
 2816         authorized methods for meeting such requirements;
 2817         revising the vehicles that are excluded from the
 2818         definition of the term “motor vehicle” and providing
 2819         security requirements for certain excluded vehicles;
 2820         conforming provisions to changes made by the act;
 2821         conforming cross-references; amending s. 324.0221,
 2822         F.S.; revising applicability of certain insurer
 2823         reporting and notice requirements as to policies
 2824         providing certain coverages; conforming provisions to
 2825         changes made by the act; amending s. 324.023, F.S.;
 2826         conforming cross-references; amending s. 324.031,
 2827         F.S.; revising applicability of a provision
 2828         authorizing certain methods of proving financial
 2829         responsibility; revising, at specified timeframes, the
 2830         amount of a certificate of deposit required for a
 2831         specified method of proof of financial responsibility;
 2832         revising excess liability coverage requirements for a
 2833         person electing to use such method; amending s.
 2834         324.032, F.S.; revising financial responsibility
 2835         requirements for owners or lessees of for-hire
 2836         passenger transportation vehicles and the
 2837         applicability of such requirements; revising a
 2838         requirement for a motor vehicle liability policy
 2839         obtained to comply with such requirements; amending
 2840         ss. 324.051, 324.071, 324.091, and 324.151, F.S.;
 2841         making technical changes; amending s. 324.161, F.S.;
 2842         revising requirements for a certificate of deposit
 2843         that is required if a person elects a certain method
 2844         of providing financial responsibility; amending s.
 2845         324.171, F.S.; revising, at specified timeframes, the
 2846         minimum net worth requirements to qualify certain
 2847         persons as self-insurers; conforming provisions to
 2848         changes made by the act; amending s. 324.251, F.S.;
 2849         revising the short title and an effective date;
 2850         amending s. 400.9905, F.S.; revising the definition of
 2851         the term “clinic”; amending ss. 400.991 and 400.9935,
 2852         F.S.; conforming provisions to changes made by the
 2853         act; amending s. 409.901, F.S.; revising the
 2854         definition of the term “third-party benefit”; amending
 2855         s. 409.910, F.S.; revising the definition of the term
 2856         “medical coverage”; making technical changes; amending
 2857         s. 456.057, F.S.; conforming a cross-reference;
 2858         amending s. 456.072, F.S.; revising specified grounds
 2859         for discipline for certain health professions;
 2860         amending s. 626.9541, F.S.; conforming a provision to
 2861         changes made by the act; revising the type of
 2862         insurance coverage applicable to a certain prohibited
 2863         act; conforming a cross-reference; amending s.
 2864         626.989, F.S.; revising the definition of the term
 2865         “fraudulent insurance act”; amending s. 627.06501,
 2866         F.S.; revising coverages that may provide for a
 2867         reduction in motor vehicle insurance policy premium
 2868         charges under certain circumstances; amending s.
 2869         627.0652, F.S.; revising coverages that must provide a
 2870         premium charge reduction under certain circumstances;
 2871         amending s. 627.0653, F.S.; revising coverages subject
 2872         to premium discounts for specified motor vehicle
 2873         equipment; amending s. 627.4132, F.S.; revising the
 2874         coverages of a motor vehicle policy which are subject
 2875         to a stacking prohibition; amending s. 627.7263, F.S.;
 2876         revising provisions relating to designation of primary
 2877         coverages for rental and leasing driver’s insurance;
 2878         conforming provisions to changes made by the act;
 2879         creating s. 627.7265, F.S.; requiring specified motor
 2880         vehicle liability insurance policies to include
 2881         medical payments coverage; specifying persons such
 2882         coverage must protect; specifying the minimum medical
 2883         expense coverage and minimum death benefit required
 2884         under such coverage; providing construction relating
 2885         to limits on certain other coverages; prohibiting
 2886         insurers from offering such coverage to an applicant
 2887         or policyholder with a deductible; specifying medical
 2888         services and care required to be covered under such
 2889         coverage; authorizing insurers to exclude medical
 2890         payment benefits under certain circumstances;
 2891         providing that medical payments benefits are primary
 2892         to certain health insurance benefits and apply to the
 2893         coinsurance or deductible amounts required by certain
 2894         health insurance policies, except under certain
 2895         circumstances; providing that a medical payments
 2896         insurance policy, under certain circumstances, may
 2897         include a subrogation provision for medical payments
 2898         benefits paid; requiring insurers, upon receiving a
 2899         certain notice, to hold a specified reserve for
 2900         certain purposes for a specified time; providing that
 2901         the reserve requirement does not require insurers to
 2902         establish a claim reserve for accounting purposes;
 2903         specifying requirements, procedures, limitations, and
 2904         prohibitions relating to charges and billing for care
 2905         of bodily injuries under medical payments coverage;
 2906         defining the term “service year”; requiring the
 2907         Department of Health to adopt a certain rule;
 2908         providing insurers a civil cause of action against
 2909         certain persons who are convicted of or plead guilty
 2910         or nolo contendre to certain acts of insurance fraud
 2911         associated with claims for medical payments coverage
 2912         benefits; requiring insurers receiving notice of a
 2913         claim to provide a specified fraud advisory notice to
 2914         certain persons; providing that claims generated as a
 2915         result of certain patient brokering activities are
 2916         nonreimbursable; authorizing notices, documentation,
 2917         transmissions, or communications to be transferred
 2918         electronically in a secure manner; amending s.
 2919         627.727, F.S.; conforming provisions to changes made
 2920         by the act; amending s. 627.7275, F.S.; revising
 2921         applicability and required coverages for a motor
 2922         vehicle insurance policy; conforming provisions to
 2923         changes made by the act; amending s. 627.728, F.S.;
 2924         conforming a provision to changes made by the act;
 2925         amending s. 627.7295, F.S.; revising the definitions
 2926         of the terms “policy” and “binder”; revising the
 2927         coverages of a motor vehicle insurance policy for
 2928         which a licensed general lines agent may charge a
 2929         specified fee; revising applicability; conforming a
 2930         cross-reference; amending s. 627.7415, F.S.; revising,
 2931         at specified intervals, the minimum levels of certain
 2932         liability insurance required for commercial motor
 2933         vehicles; amending s. 627.8405, F.S.; revising
 2934         coverages in a policy sold in combination with an
 2935         accidental death and dismemberment policy, which a
 2936         premium finance company may not finance; revising
 2937         rulemaking authority of the commission; amending ss.
 2938         627.915, 628.909, 705.184, and 713.78, F.S.;
 2939         conforming provisions to changes made by the act;
 2940         amending s. 817.234, F.S.; revising coverages that are
 2941         the basis of specified prohibited false and fraudulent
 2942         insurance claims; conforming a provision to changes
 2943         made by the act; conforming a cross-reference;
 2944         providing applicability and construction relating to
 2945         changes made by the act; defining the term “minimum
 2946         security requirements”; providing requirements and
 2947         procedures relating to motor vehicle insurance
 2948         policies that include personal injury protection as of
 2949         a specified date; requiring an insurer to provide, by
 2950         a specified date, a specified notice to policyholders
 2951         relating to requirements under the act; providing for
 2952         construction relating to suspensions for failure to
 2953         maintain required security in effect before a
 2954         specified date; providing an appropriation; providing
 2955         effective dates.