Florida Senate - 2018                                     SB 150
       
       
        
       By Senator Lee
       
       
       
       
       
       20-00220-18                                            2018150__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle insurance; repealing
    3         ss. 627.730, 627.731, 627.7311, 627.732, 627.733,
    4         627.734, 627.736, 627.737, 627.739, 627.7401,
    5         627.7403, and 627.7405, F.S., which comprise the
    6         Florida Motor Vehicle No-Fault Law; repealing s.
    7         627.7407, F.S., relating to application of the Florida
    8         Motor Vehicle No-Fault Law; amending s. 316.646, F.S.;
    9         revising a requirement for proof of security on a
   10         motor vehicle and the applicability of the
   11         requirement; amending s. 318.18, F.S.; conforming a
   12         provision to changes made by the act; amending s.
   13         320.02, F.S.; revising the motor vehicle insurance
   14         coverages that an applicant must show to register
   15         certain vehicles with the Department of Highway Safety
   16         and Motor Vehicles; deleting a requirement that
   17         specified information be included on a certain
   18         insurance proof-of-purchase card; revising
   19         construction; amending s. 320.0609, F.S.; conforming a
   20         provision to changes made by the act; amending s.
   21         320.27, F.S.; revising requirements for furnishing
   22         certain insurance coverage information on an
   23         application for a motor vehicle dealer; revising
   24         insurance coverage requirements for certain motor
   25         vehicle dealers; amending s. 320.771, F.S.; revising
   26         garage liability coverage requirements for a
   27         recreational vehicle dealer license applicant;
   28         amending ss. 322.251 and 322.34, F.S.; conforming
   29         provisions to changes made by the act; amending s.
   30         324.011, F.S.; revising legislative intent; amending
   31         s. 324.021, F.S.; revising definitions of the terms
   32         “motor vehicle” and “proof of financial
   33         responsibility”; revising, at specified timeframes,
   34         minimum coverage requirements for proof of financial
   35         responsibility; defining the term “for-hire passenger
   36         transportation vehicle”; conforming provisions to
   37         changes made by the act; amending s. 324.022, F.S.;
   38         revising, at specified timeframes, minimum liability
   39         coverage requirements for motor vehicle owners and
   40         operators; revising authorized methods for meeting
   41         such requirements; revising the vehicles that are
   42         excluded from the definition of the term “motor
   43         vehicle” and providing security requirements for
   44         certain excluded vehicles; deleting the definition of
   45         the term “owner”; conforming provisions to changes
   46         made by the act; conforming cross-references; amending
   47         s. 324.0221, F.S.; revising applicability of certain
   48         insurer reporting and notice requirements as to
   49         policies providing certain coverages; conforming a
   50         provision to changes made by the act; amending s.
   51         324.023, F.S.; conforming cross-references; amending
   52         s. 324.031, F.S.; revising applicability of a
   53         provision authorizing certain methods of proving
   54         financial responsibility; revising, at specified
   55         timeframes, the amount of a certificate of deposit
   56         required for a specified method of proof of financial
   57         responsibility; revising excess liability coverage
   58         requirements for a person electing to use such method;
   59         amending s. 324.032, F.S.; revising requirements of
   60         financial responsibility for for-hire passenger
   61         transportation vehicles; revising applicability of
   62         such requirements; revising a requirement for a motor
   63         vehicle liability policy obtained to comply with such
   64         requirements; conforming a cross-reference; amending
   65         s. 324.051, F.S.; making technical changes; amending
   66         s. 324.071, F.S.; revising the fee for reinstating an
   67         owner’s or operator’s license or registration that has
   68         been suspended for specified reasons; amending s.
   69         324.091, F.S.; making technical changes; amending s.
   70         324.151, F.S.; revising requirements for a motor
   71         vehicle liability policy that serves as proof of
   72         financial responsibility for certain operators or
   73         owners; authorizing an insurer to exclude liability
   74         coverage in the policy under certain circumstances;
   75         defining terms; amending s. 324.161, F.S.; revising
   76         requirements for a certificate of deposit that is
   77         required if a person elects a certain method of
   78         providing financial responsibility; amending s.
   79         324.171, F.S.; revising, at specified timeframes, the
   80         minimum net worth requirements to qualify certain
   81         persons as self-insurers; conforming provisions to
   82         changes made by the act; amending s. 324.251, F.S.;
   83         revising the short title and an effective date;
   84         amending s. 400.9905, F.S.; revising the definition of
   85         the term “clinic”; amending ss. 400.991 and 400.9935,
   86         F.S.; conforming provisions to changes made by the
   87         act; amending s. 409.901, F.S.; revising the
   88         definition of the term “third-party benefit”; amending
   89         s. 409.910, F.S.; revising the definition of the term
   90         “medical coverage”; making technical changes; amending
   91         s. 456.057, F.S.; conforming a cross-reference;
   92         amending s. 456.072, F.S.; revising specified grounds
   93         for discipline for certain health professions;
   94         amending s. 626.9541, F.S.; revising types of
   95         insurance coverage applicable to certain prohibited
   96         acts; conforming a cross-reference; amending s.
   97         626.989, F.S.; revising the definition of the term
   98         “fraudulent insurance act”; amending s. 627.06501,
   99         F.S.; revising coverages that may provide for a
  100         reduction in motor vehicle insurance policy premium
  101         charges under certain circumstances; amending s.
  102         627.0652, F.S.; revising coverages that must provide a
  103         premium charge reduction under certain circumstances;
  104         amending s. 627.0653, F.S.; revising coverages subject
  105         to premium discounts for specified motor vehicle
  106         equipment; amending s. 627.4132, F.S.; revising the
  107         coverages of a motor vehicle policy which are subject
  108         to a stacking prohibition; amending s. 627.7263, F.S.;
  109         revising provisions relating to designation of primary
  110         coverages for rental and leasing driver’s insurance;
  111         conforming provisions to changes made by the act;
  112         creating s. 627.7265, F.S.; defining terms; requiring
  113         specified motor vehicle liability insurance policies
  114         to include medical payments coverage; specifying
  115         requirements for such medical payments coverage;
  116         authorizing insurers to exclude medical payment
  117         benefits under certain circumstances; specifying
  118         required benefits and limitations for medical payments
  119         coverage; specifying requirements, procedures, and
  120         prohibitions relating to the payment of medical
  121         payments benefits; specifying requirements,
  122         procedures, limitations, and prohibitions relating to
  123         charges and billing for care of bodily injuries under
  124         medical payments coverage; requiring the Department of
  125         Health to adopt rules; defining the terms
  126         “countersign” and “countersignature”; specifying
  127         requirements and procedures relating to specified
  128         notices and advisories to insureds; specifying
  129         requirements and procedures relating to discovery of
  130         facts about an injured person and disputes; defining
  131         the term “receipt”; specifying requirements,
  132         procedures, and prohibitions relating to required
  133         mental and physical examinations of injured persons
  134         and physician reports; defining the term “active
  135         practice”; providing applicability of certain
  136         provisions regulating attorney fees; specifying
  137         requirements and procedures for prelitigation demand
  138         letters to be provided to insurers; requiring
  139         specified claims to be brought in a single civil
  140         action; providing that an insurer engages in an unfair
  141         or deceptive practice if it fails, in a certain
  142         manner, to pay valid claims; authorizing the
  143         Department of Legal Affairs to investigate and
  144         initiate certain actions; providing construction
  145         relating to an insurer’s cause of action for insurance
  146         fraud; specifying requirements for a fraud advisory
  147         notice provided by an insurer under certain
  148         circumstances; providing construction relating to
  149         nonreimbursable claims; authorizing certain notices,
  150         documentation, transmissions, or communications to be
  151         transferred electronically in a secure manner;
  152         authorizing a medical payments insurer to include a
  153         certain right of subrogation provision in its policy;
  154         requiring the Financial Services Commission to adopt
  155         rules; providing applicability and construction;
  156         amending s. 627.727, F.S.; revising the legal
  157         liability of an uninsured motorist coverage insurer;
  158         conforming a provision to changes made by the act;
  159         amending s. 627.7275, F.S.; revising applicability and
  160         required coverages for a motor vehicle insurance
  161         policy; conforming provisions to changes made by the
  162         act; amending s. 627.728, F.S.; conforming a provision
  163         to changes made by the act; amending s. 627.7295,
  164         F.S.; revising the definitions of the terms “policy”
  165         and “binder”; revising the coverages of a motor
  166         vehicle insurance policy for which a licensed general
  167         lines agent may charge a specified fee; revising
  168         applicability; conforming a cross-reference; amending
  169         s. 627.7415, F.S.; revising, at specified intervals,
  170         the minimum levels of certain liability insurance
  171         required for commercial motor vehicles; amending s.
  172         627.8405, F.S.; revising coverages in a policy sold in
  173         combination with an accidental death and dismemberment
  174         policy, which a premium finance company may not
  175         finance; revising rulemaking authority of the
  176         commission; amending ss. 627.915, 628.909, 705.184,
  177         and 713.78, F.S.; conforming provisions to changes
  178         made by the act; amending s. 817.234, F.S.; revising
  179         coverages that are the basis of specified prohibited
  180         false and fraudulent insurance claims; conforming a
  181         cross-reference; providing applicability and
  182         construction relating to this act; defining the term
  183         “minimum security requirements”; providing
  184         requirements and procedures relating to motor vehicle
  185         insurance policies that include personal injury
  186         protection as of a specified date; requiring an
  187         insurer to provide, by a specified date, a specified
  188         notice to policyholders relating to requirements under
  189         the act; providing for construction relating to
  190         suspensions for failure to maintain required security
  191         in effect before a specified date; providing effective
  192         dates.
  193          
  194  Be It Enacted by the Legislature of the State of Florida:
  195  
  196         Section 1. Sections 627.730, 627.731, 627.7311, 627.732,
  197  627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,
  198  and 627.7405, Florida Statutes, which comprise the Florida Motor
  199  Vehicle No-Fault Law, are repealed.
  200         Section 2. Section 627.7407, Florida Statutes, is repealed.
  201         Section 3. Subsection (1) of section 316.646, Florida
  202  Statutes, is amended to read:
  203         316.646 Security required; proof of security and display
  204  thereof.—
  205         (1) An owner of a motor vehicle required to be registered
  206  in this state and an operator of a motor vehicle licensed in
  207  this state Any person required by s. 324.022 to maintain
  208  property damage liability security, required by s. 324.023 to
  209  maintain liability security for bodily injury or death, or
  210  required by s. 627.733 to maintain personal injury protection
  211  security on a motor vehicle shall have in his or her immediate
  212  possession at all times while operating such motor vehicle
  213  proper proof of maintenance of the required security required
  214  under s. 324.021(7).
  215         (a) Such proof must shall be in a uniform paper or
  216  electronic format, as prescribed by the department, a valid
  217  insurance policy, an insurance policy binder, a certificate of
  218  insurance, or such other proof as may be prescribed by the
  219  department.
  220         (b)1. The act of presenting to a law enforcement officer an
  221  electronic device displaying proof of insurance in an electronic
  222  format does not constitute consent for the officer to access any
  223  information on the device other than the displayed proof of
  224  insurance.
  225         2. The person who presents the device to the officer
  226  assumes the liability for any resulting damage to the device.
  227         Section 4. Paragraph (b) of subsection (2) of section
  228  318.18, Florida Statutes, is amended to read:
  229         318.18 Amount of penalties.—The penalties required for a
  230  noncriminal disposition pursuant to s. 318.14 or a criminal
  231  offense listed in s. 318.17 are as follows:
  232         (2) Thirty dollars for all nonmoving traffic violations
  233  and:
  234         (b) For all violations of ss. 320.0605, 320.07(1), 322.065,
  235  and 322.15(1). A Any person who is cited for a violation of s.
  236  320.07(1) shall be charged a delinquent fee pursuant to s.
  237  320.07(4).
  238         1. If a person who is cited for a violation of s. 320.0605
  239  or s. 320.07 can show proof of having a valid registration at
  240  the time of arrest, the clerk of the court may dismiss the case
  241  and may assess a dismissal fee of up to $10. A person who finds
  242  it impossible or impractical to obtain a valid registration
  243  certificate must submit an affidavit detailing the reasons for
  244  the impossibility or impracticality. The reasons may include,
  245  but are not limited to, the fact that the vehicle was sold,
  246  stolen, or destroyed; that the state in which the vehicle is
  247  registered does not issue a certificate of registration; or that
  248  the vehicle is owned by another person.
  249         2. If a person who is cited for a violation of s. 322.03,
  250  s. 322.065, or s. 322.15 can show a driver license issued to him
  251  or her and valid at the time of arrest, the clerk of the court
  252  may dismiss the case and may assess a dismissal fee of up to
  253  $10.
  254         3. If a person who is cited for a violation of s. 316.646
  255  can show proof of security as required by s. 324.021(7) s.
  256  627.733, issued to the person and valid at the time of arrest,
  257  the clerk of the court may dismiss the case and may assess a
  258  dismissal fee of up to $10. A person who finds it impossible or
  259  impractical to obtain proof of security must submit an affidavit
  260  detailing the reasons for the impracticality. The reasons may
  261  include, but are not limited to, the fact that the vehicle has
  262  since been sold, stolen, or destroyed; that the owner or
  263  registrant of the vehicle is not required by s. 627.733 to
  264  maintain personal injury protection insurance; or that the
  265  vehicle is owned by another person.
  266         Section 5. Paragraphs (a) and (d) of subsection (5) of
  267  section 320.02, Florida Statutes, are amended to read:
  268         320.02 Registration required; application for registration;
  269  forms.—
  270         (5)(a) Proof that bodily injury liability coverage and
  271  property damage liability coverage personal injury protection
  272  benefits have been purchased if required under s. 324.022, s.
  273  324.032, or s. 627.742, that medical payments coverage has been
  274  purchased if required under s. 627.7265 s. 627.733, that
  275  property damage liability coverage has been purchased as
  276  required under s. 324.022, that bodily injury liability or death
  277  coverage has been purchased if required under s. 324.023, and
  278  that combined bodily liability insurance and property damage
  279  liability insurance have been purchased if required under s.
  280  627.7415 must shall be provided in the manner prescribed by law
  281  by the applicant at the time of application for registration of
  282  any motor vehicle that is subject to such requirements. The
  283  issuing agent may not shall refuse to issue registration if such
  284  proof of purchase is not provided. Insurers shall furnish
  285  uniform proof-of-purchase cards in a paper or electronic format
  286  in a form prescribed by the department and include the name of
  287  the insured’s insurance company, the coverage identification
  288  number, and the make, year, and vehicle identification number of
  289  the vehicle insured. The card must contain a statement notifying
  290  the applicant of the penalty specified under s. 316.646(4). The
  291  card or insurance policy, insurance policy binder, or
  292  certificate of insurance or a photocopy of any of these; an
  293  affidavit containing the name of the insured’s insurance
  294  company, the insured’s policy number, and the make and year of
  295  the vehicle insured; or such other proof as may be prescribed by
  296  the department constitutes shall constitute sufficient proof of
  297  purchase. If an affidavit is provided as proof, it must be in
  298  substantially the following form:
  299  
  300  Under penalty of perjury, I ...(Name of insured)... do hereby
  301  certify that I have ...(bodily injury liability and Personal
  302  Injury Protection, property damage liability coverage, and
  303  medical payments coverage, and, if required, Bodily Injury
  304  Liability)... Insurance currently in effect with ...(Name of
  305  insurance company)... under ...(policy number)... covering
  306  ...(make, year, and vehicle identification number of
  307  vehicle).... ...(Signature of Insured)...
  308  
  309  Such affidavit must include the following warning:
  310  
  311  WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
  312  REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
  313  LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
  314  SUBJECT TO PROSECUTION.
  315  
  316  If an application is made through a licensed motor vehicle
  317  dealer as required under s. 319.23, the original or a photocopy
  318  photostatic copy of such card, insurance policy, insurance
  319  policy binder, or certificate of insurance or the original
  320  affidavit from the insured must shall be forwarded by the dealer
  321  to the tax collector of the county or the Department of Highway
  322  Safety and Motor Vehicles for processing. By executing the
  323  aforesaid affidavit, a no licensed motor vehicle dealer is not
  324  will be liable in damages for any inadequacy, insufficiency, or
  325  falsification of any statement contained therein. A card must
  326  also indicate the existence of any bodily injury liability
  327  insurance voluntarily purchased.
  328         (d) The verifying of proof of personal injury protection
  329  insurance, proof of property damage liability insurance, proof
  330  of combined bodily liability insurance and property damage
  331  liability insurance, or proof of financial responsibility
  332  insurance and the issuance or failure to issue the motor vehicle
  333  registration under the provisions of this chapter may not be
  334  construed in any court as a warranty of the reliability or
  335  accuracy of the evidence of such proof, or that the provisions
  336  of any insurance policy furnished as proof of financial
  337  responsibility comply with state law. Neither The department or
  338  nor any tax collector is not liable in damages for any
  339  inadequacy, insufficiency, falsification, or unauthorized
  340  modification of any item of the proof of personal injury
  341  protection insurance, proof of property damage liability
  342  insurance, proof of combined bodily liability insurance and
  343  property damage liability insurance, or proof of financial
  344  responsibility before insurance prior to, during, or subsequent
  345  to the verification of the proof. The issuance of a motor
  346  vehicle registration does not constitute prima facie evidence or
  347  a presumption of insurance coverage.
  348         Section 6. Paragraph (b) of subsection (1) of section
  349  320.0609, Florida Statutes, is amended to read:
  350         320.0609 Transfer and exchange of registration license
  351  plates; transfer fee.—
  352         (1)
  353         (b) The transfer of a license plate from a vehicle disposed
  354  of to a newly acquired vehicle does not constitute a new
  355  registration. The application for transfer shall be accepted
  356  without requiring proof of personal injury protection or
  357  liability insurance.
  358         Section 7. Subsection (3) of section 320.27, Florida
  359  Statutes, is amended to read:
  360         320.27 Motor vehicle dealers.—
  361         (3) APPLICATION AND FEE.—The application for the license
  362  application must shall be in such form as may be prescribed by
  363  the department and is shall be subject to such rules with
  364  respect thereto as may be so prescribed by the department it.
  365  Such application must shall be verified by oath or affirmation
  366  and must shall contain a full statement of the name and birth
  367  date of the person or persons applying for the license therefor;
  368  the name of the firm or copartnership, with the names and places
  369  of residence of all members thereof, if such applicant is a firm
  370  or copartnership; the names and places of residence of the
  371  principal officers, if the applicant is a body corporate or
  372  other artificial body; the name of the state under whose laws
  373  the corporation is organized; the present and former place or
  374  places of residence of the applicant; and the prior business in
  375  which the applicant has been engaged and its the location
  376  thereof. The Such application must shall describe the exact
  377  location of the place of business and must shall state whether
  378  the place of business is owned by the applicant and when
  379  acquired, or, if leased, a true copy of the lease must shall be
  380  attached to the application. The applicant shall certify that
  381  the location provides an adequately equipped office and is not a
  382  residence; that the location affords sufficient unoccupied space
  383  upon and within which adequately to store all motor vehicles
  384  offered and displayed for sale; and that the location is a
  385  suitable place where the applicant can in good faith carry on
  386  such business and keep and maintain books, records, and files
  387  necessary to conduct such business, which must shall be
  388  available at all reasonable hours to inspection by the
  389  department or any of its inspectors or other employees. The
  390  applicant shall certify that the business of a motor vehicle
  391  dealer is the principal business that will which shall be
  392  conducted at that location. The application must shall contain a
  393  statement that the applicant is either franchised by a
  394  manufacturer of motor vehicles, in which case the name of each
  395  motor vehicle that the applicant is franchised to sell must
  396  shall be included, or an independent (nonfranchised) motor
  397  vehicle dealer. The application must shall contain other
  398  relevant information as may be required by the department. The
  399  applicant must furnish, including evidence, in a form approved
  400  by the department, that the applicant is insured under a garage
  401  liability insurance policy or a general liability insurance
  402  policy coupled with a business automobile policy having the
  403  liability coverage required by this subsection, which shall
  404  include, at a minimum, $25,000 combined single-limit liability
  405  coverage including bodily injury and property damage protection
  406  and $10,000 personal injury protection. However, a salvage motor
  407  vehicle dealer as defined in subparagraph (1)(c)5. is exempt
  408  from the requirements for garage liability insurance and medical
  409  payments coverage insurance and personal injury protection
  410  insurance on those vehicles that cannot be legally operated on
  411  roads, highways, or streets in this state. Franchise dealers
  412  must submit a garage liability insurance policy, and all other
  413  dealers must submit a garage liability insurance policy or a
  414  general liability insurance policy coupled with a business
  415  automobile policy. Such policy must shall be for the license
  416  period and must include, at a minimum, $70,000 combined single
  417  limit bodily injury and property damage liability coverage that
  418  conforms to the requirements of s. 324.151., and Evidence of a
  419  new or continued policy must shall be delivered to the
  420  department at the beginning of each license period. Upon making
  421  an initial application, the applicant shall pay to the
  422  department a fee of $300 in addition to any other fees required
  423  by law. Applicants may choose to extend the licensure period for
  424  1 additional year for a total of 2 years. An initial applicant
  425  shall pay to the department a fee of $300 for the first year and
  426  $75 for the second year, in addition to any other fees required
  427  by law. An applicant for renewal shall pay to the department $75
  428  for a 1-year renewal or $150 for a 2-year renewal, in addition
  429  to any other fees required by law. Upon making an application
  430  for a change of location, the applicant person shall pay a fee
  431  of $50 in addition to any other fees now required by law. The
  432  department shall, in the case of every application for initial
  433  licensure, verify whether certain facts set forth in the
  434  application are true. Each applicant, general partner in the
  435  case of a partnership, or corporate officer and director in the
  436  case of a corporate applicant, shall must file a set of
  437  fingerprints with the department for the purpose of determining
  438  any prior criminal record or any outstanding warrants. The
  439  department shall submit the fingerprints to the Department of
  440  Law Enforcement for state processing and forwarding to the
  441  Federal Bureau of Investigation for federal processing. The
  442  actual cost of state and federal processing must shall be borne
  443  by the applicant and is in addition to the fee for licensure.
  444  The department may issue a license to an applicant pending the
  445  results of the fingerprint investigation, which license is fully
  446  revocable if the department subsequently determines that any
  447  facts set forth in the application are not true or correctly
  448  represented.
  449         Section 8. Paragraph (j) of subsection (3) of section
  450  320.771, Florida Statutes, is amended to read:
  451         320.771 License required of recreational vehicle dealers.—
  452         (3) APPLICATION.—The application for such license shall be
  453  in the form prescribed by the department and subject to such
  454  rules as may be prescribed by it. The application shall be
  455  verified by oath or affirmation and shall contain:
  456         (j) A statement that the applicant is insured under a
  457  garage liability insurance policy, which must shall include, at
  458  a minimum, $70,000 $25,000 combined single-limit bodily injury
  459  and property damage liability coverage, including bodily injury
  460  and property damage protection, and $10,000 personal injury
  461  protection, if the applicant is to be licensed as a dealer in,
  462  or intends to sell, recreational vehicles.
  463  
  464  The department shall, if it deems necessary, cause an
  465  investigation to be made to ascertain if the facts set forth in
  466  the application are true and shall not issue a license to the
  467  applicant until it is satisfied that the facts set forth in the
  468  application are true.
  469         Section 9. Subsections (1) and (2) of section 322.251,
  470  Florida Statutes, are amended to read:
  471         322.251 Notice of cancellation, suspension, revocation, or
  472  disqualification of license.—
  473         (1) All orders of cancellation, suspension, revocation, or
  474  disqualification issued under the provisions of this chapter,
  475  chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall
  476  be given either by personal delivery thereof to the licensee
  477  whose license is being canceled, suspended, revoked, or
  478  disqualified or by deposit in the United States mail in an
  479  envelope, first class, postage prepaid, addressed to the
  480  licensee at his or her last known mailing address furnished to
  481  the department. Such mailing by the department constitutes
  482  notification, and any failure by the person to receive the
  483  mailed order will not affect or stay the effective date or term
  484  of the cancellation, suspension, revocation, or disqualification
  485  of the licensee’s driving privilege.
  486         (2) The giving of notice and an order of cancellation,
  487  suspension, revocation, or disqualification by mail is complete
  488  upon expiration of 20 days after deposit in the United States
  489  mail for all notices except those issued under chapter 324 or
  490  ss. 627.732–627.734, which are complete 15 days after deposit in
  491  the United States mail. Proof of the giving of notice and an
  492  order of cancellation, suspension, revocation, or
  493  disqualification in either manner must shall be made by entry in
  494  the records of the department that such notice was given. The
  495  entry is admissible in the courts of this state and constitutes
  496  sufficient proof that such notice was given.
  497         Section 10. Paragraph (a) of subsection (8) of section
  498  322.34, Florida Statutes, is amended to read:
  499         322.34 Driving while license suspended, revoked, canceled,
  500  or disqualified.—
  501         (8)(a) Upon the arrest of a person for the offense of
  502  driving while the person’s driver license or driving privilege
  503  is suspended or revoked, the arresting officer shall determine:
  504         1. Whether the person’s driver license is suspended or
  505  revoked.
  506         2. Whether the person’s driver license has remained
  507  suspended or revoked since a conviction for the offense of
  508  driving with a suspended or revoked license.
  509         3. Whether the suspension or revocation was made under s.
  510  316.646 or s. 627.733, relating to failure to maintain required
  511  security, or under s. 322.264, relating to habitual traffic
  512  offenders.
  513         4. Whether the driver is the registered owner or coowner of
  514  the vehicle.
  515         Section 11. Section 324.011, Florida Statutes, is amended
  516  to read:
  517         324.011 Legislative intent and purpose of chapter.—It is
  518  the Legislature’s intent of this chapter to ensure that the
  519  privilege of owning or operating a motor vehicle in this state
  520  be exercised recognize the existing privilege to own or operate
  521  a motor vehicle on the public streets and highways of this state
  522  when such vehicles are used with due consideration for others’
  523  safety others and their property, and to promote safety, and to
  524  provide financial security requirements for such owners and or
  525  operators whose responsibility it is to recompense others for
  526  injury to person or property caused by the operation of a motor
  527  vehicle. Therefore, this chapter requires that owners and
  528  operators of motor vehicles establish, maintain, and it is
  529  required herein that the operator of a motor vehicle involved in
  530  a crash or convicted of certain traffic offenses meeting the
  531  operative provisions of s. 324.051(2) shall respond for such
  532  damages and show proof of financial ability to respond for
  533  damages arising out of the ownership, maintenance, or use of a
  534  motor vehicle in future accidents as a requisite to owning or
  535  operating a motor vehicle in this state his or her future
  536  exercise of such privileges.
  537         Section 12. Subsections (1) and (7) and paragraph (c) of
  538  subsection (9) of section 324.021, Florida Statutes, are
  539  amended, and subsection (12) is added to that section, to read:
  540         324.021 Definitions; minimum insurance required.—The
  541  following words and phrases when used in this chapter shall, for
  542  the purpose of this chapter, have the meanings respectively
  543  ascribed to them in this section, except in those instances
  544  where the context clearly indicates a different meaning:
  545         (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
  546  designed and required to be licensed for use upon a highway,
  547  including trailers and semitrailers designed for use with such
  548  vehicles, except traction engines, road rollers, farm tractors,
  549  power shovels, and well drillers, and every vehicle that is
  550  propelled by electric power obtained from overhead wires but not
  551  operated upon rails, but not including any personal delivery
  552  device as defined in s. 316.003, bicycle, or moped. However, the
  553  term “motor vehicle” does not include a motor vehicle as defined
  554  in s. 627.732(3) when the owner of such vehicle has complied
  555  with the requirements of ss. 627.730-627.7405, inclusive, unless
  556  the provisions of s. 324.051 apply; and, in such case, the
  557  applicable proof of insurance provisions of s. 320.02 apply.
  558         (7) PROOF OF FINANCIAL RESPONSIBILITY.—That Proof of
  559  ability to respond in damages for liability on account of
  560  crashes arising out of the ownership, maintenance, or use of a
  561  motor vehicle:
  562         (a) With respect to a motor vehicle that is not a
  563  commercial motor vehicle, nonpublic sector bus, or for-hire
  564  passenger transportation vehicle:
  565         1.Beginning January 1, 2019, and continuing through
  566  December 31, 2020, in the amount of:
  567         a.Twenty thousand dollars for $10,000 because of bodily
  568  injury to, or the death of, one person in any one crash and,;
  569         (b) subject to such limits for one person, in the amount of
  570  $40,000 for $20,000 because of bodily injury to, or the death
  571  of, two or more persons in any one crash; and
  572         b.Ten thousand dollars for damage to, or destruction of,
  573  property of others in any one crash.
  574         2.Beginning January 1, 2021, and continuing through
  575  December 31, 2022, in the amount of:
  576         a. Twenty-five thousand dollars for bodily injury to, or
  577  the death of, one person in any one crash and, subject to such
  578  limits for one person, in the amount of $50,000 for bodily
  579  injury to, or the death of, two or more persons in any one
  580  crash; and
  581         b. Ten thousand dollars for damage to, or destruction of,
  582  property of others in any one crash.
  583         3. Beginning January 1, 2023, and continuing thereafter, in
  584  the amount of:
  585         a. Thirty thousand dollars for bodily injury to, or the
  586  death of, one person in any one crash and, subject to such
  587  limits for one person, in the amount of $60,000 for bodily
  588  injury to, or the death of, two or more persons in any one
  589  crash; and
  590         b.(c)Ten thousand dollars for damage In the amount of
  591  $10,000 because of injury to, or destruction of, property of
  592  others in any one crash.; and
  593         (b)(d) With respect to commercial motor vehicles and
  594  nonpublic sector buses, in the amounts specified in s. 627.7415
  595  ss. 627.7415 and 627.742, respectively.
  596         (c) With respect to nonpublic sector buses, in the amounts
  597  specified in s. 627.742.
  598         (d) With respect to for-hire passenger transportation
  599  vehicles, in the amounts specified in s. 324.032.
  600         (9) OWNER; OWNER/LESSOR.—
  601         (c) Application.—
  602         1. The limits on liability in subparagraphs (b)2. and 3. do
  603  not apply to an owner of motor vehicles that are used for
  604  commercial activity in the owner’s ordinary course of business,
  605  other than a rental company that rents or leases motor vehicles.
  606  For purposes of this paragraph, the term “rental company”
  607  includes only an entity that is engaged in the business of
  608  renting or leasing motor vehicles to the general public and that
  609  rents or leases a majority of its motor vehicles to persons with
  610  no direct or indirect affiliation with the rental company. The
  611  term also includes a motor vehicle dealer that provides
  612  temporary replacement vehicles to its customers for up to 10
  613  days. The term “rental company” also includes:
  614         a. A related rental or leasing company that is a subsidiary
  615  of the same parent company as that of the renting or leasing
  616  company that rented or leased the vehicle.
  617         b. The holder of a motor vehicle title or an equity
  618  interest in a motor vehicle title if the title or equity
  619  interest is held pursuant to or to facilitate an asset-backed
  620  securitization of a fleet of motor vehicles used solely in the
  621  business of renting or leasing motor vehicles to the general
  622  public and under the dominion and control of a rental company,
  623  as described in this subparagraph, in the operation of such
  624  rental company’s business.
  625         2. Furthermore, with respect to commercial motor vehicles
  626  as defined in s. 207.002 or s. 320.01 s. 627.732, the limits on
  627  liability in subparagraphs (b)2. and 3. do not apply if, at the
  628  time of the incident, the commercial motor vehicle is being used
  629  in the transportation of materials found to be hazardous for the
  630  purposes of the Hazardous Materials Transportation Authorization
  631  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is
  632  required pursuant to such act to carry placards warning others
  633  of the hazardous cargo, unless at the time of lease or rental
  634  either:
  635         a. The lessee indicates in writing that the vehicle will
  636  not be used to transport materials found to be hazardous for the
  637  purposes of the Hazardous Materials Transportation Authorization
  638  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
  639         b. The lessee or other operator of the commercial motor
  640  vehicle has in effect insurance with limits of at least $5
  641  million $5,000,000 combined property damage and bodily injury
  642  liability.
  643         (12) FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.Every “for
  644  hire vehicle” as defined in s. 320.01(15) which is offered or
  645  used to provide transportation for persons, including taxicabs,
  646  limousines, and jitneys.
  647         Section 13. Section 324.022, Florida Statutes, is amended
  648  to read:
  649         324.022 Financial responsibility requirements for property
  650  damage.—
  651         (1)(a) Every owner or operator of a motor vehicle required
  652  to be registered in this state and every operator of a motor
  653  vehicle who is licensed in this state shall establish and
  654  continuously maintain the ability to respond in damages for
  655  liability on account of accidents arising out of the ownership,
  656  maintenance, or use of the motor vehicle in the amount of:
  657         1. Beginning January 1, 2019, and continuing through
  658  December 31, 2020:
  659         a.Twenty thousand dollars for bodily injury to, or the
  660  death of, one person in any one crash and, subject to such
  661  limits for one person, in the amount of $40,000 for bodily
  662  injury to, or the death of, two or more persons in any one
  663  crash; and
  664         b. Ten thousand dollars for damage to, or destruction of,
  665  property of others in any one crash.
  666         2. Beginning January 1, 2021, and continuing through
  667  December 31, 2022:
  668         a.Twenty-five thousand dollars for bodily injury to, or
  669  the death of, one person in any one crash and, subject to such
  670  limits for one person, in the amount of $50,000 for bodily
  671  injury to, or the death of, two or more persons in any one
  672  crash; and
  673         b. Ten thousand dollars for damage to, or destruction of,
  674  property of others in any one crash.
  675         3. Beginning January 1, 2023, and continuing thereafter:
  676         a.Thirty thousand dollars for bodily injury to, or the
  677  death of, one person in any one crash and, subject to such
  678  limits for one person, in the amount of $60,000 for bodily
  679  injury to, or the death of, two or more persons in any one
  680  crash; and
  681         b. Ten thousand dollars for $10,000 because of damage to,
  682  or destruction of, property of others in any one crash.
  683         (b) The requirements of paragraph (a) this section may be
  684  met by one of the methods established in s. 324.031; by self
  685  insuring as authorized by s. 768.28(16); or by maintaining
  686  medical payments coverage under s. 627.7265 and a motor vehicle
  687  liability insurance policy that an insurance policy providing
  688  coverage for property damage liability in the amount of at least
  689  $10,000 because of damage to, or destruction of, property of
  690  others in any one accident arising out of the use of the motor
  691  vehicle. The requirements of this section may also be met by
  692  having a policy which provides combined property damage
  693  liability and bodily injury liability coverage for any one crash
  694  arising out of the ownership, maintenance, or use of a motor
  695  vehicle which conforms to the requirements of s. 324.151 in the
  696  amount of:
  697         1. At least $50,000 for every owner and operator subject to
  698  the financial responsibility required in subparagraph (1)(a)1.
  699         2. At least $60,000 for every owner and operator subject to
  700  the financial responsibility required in subparagraph (1)(a)2.
  701         3. At least $70,000 for every owner and operator subject to
  702  the financial responsibility required in subparagraph (1)(a)3.
  703  $30,000 for combined property damage liability and bodily injury
  704  liability for any one crash arising out of the use of the motor
  705  vehicle. The policy, with respect to coverage for property
  706  damage liability, must meet the applicable requirements of s.
  707  324.151, subject to the usual policy exclusions that have been
  708  approved in policy forms by the Office of Insurance Regulation.
  709  No insurer shall have any duty to defend uncovered claims
  710  irrespective of their joinder with covered claims.
  711         (2) As used in this section, the term:
  712         (a) “motor vehicle” means any self-propelled vehicle that
  713  has four or more wheels and that is of a type designed and
  714  required to be licensed for use on the highways of this state,
  715  and any trailer or semitrailer designed for use with such
  716  vehicle. The term does not include the following:
  717         (a)1. A mobile home as defined in s. 320.01.
  718         (b)2. A motor vehicle that is used in mass transit and
  719  designed to transport more than five passengers, exclusive of
  720  the operator of the motor vehicle, and that is owned by a
  721  municipality, transit authority, or political subdivision of the
  722  state.
  723         (c)3. A school bus as defined in s. 1006.25, which shall
  724  maintain security as required under s. 316.615.
  725         (d) A commercial motor vehicle as defined in s. 207.002 or
  726  s. 320.01, which shall maintain security as required under ss.
  727  324.031 and 627.7415.
  728         (e) A nonpublic sector bus, which shall maintain security
  729  as required under ss. 324.031 and 627.742.
  730         (f)4. A vehicle providing for-hire passenger transportation
  731  vehicle, which that is subject to the provisions of s. 324.031.
  732  A taxicab shall maintain security as required under s. 324.032
  733  s. 324.032(1).
  734         (g)5. A personal delivery device as defined in s. 316.003.
  735         (b) “Owner” means the person who holds legal title to a
  736  motor vehicle or the debtor or lessee who has the right to
  737  possession of a motor vehicle that is the subject of a security
  738  agreement or lease with an option to purchase.
  739         (3) Each nonresident owner or registrant of a motor vehicle
  740  that, whether operated or not, has been physically present
  741  within this state for more than 90 days during the preceding 365
  742  days shall maintain security as required by subsection (1). The
  743  security must be that is in effect continuously throughout the
  744  period the motor vehicle remains within this state.
  745         (4) An The owner or registrant of a motor vehicle who is
  746  exempt from the requirements of this section if she or he is a
  747  member of the United States Armed Forces and is called to or on
  748  active duty outside the United States in an emergency situation
  749  is exempt from this section while he or she. The exemption
  750  provided by this subsection applies only as long as the member
  751  of the Armed Forces is on such active duty. This exemption
  752  outside the United States and applies only while the vehicle
  753  covered by the security is not operated by any person. Upon
  754  receipt of a written request by the insured to whom the
  755  exemption provided in this subsection applies, the insurer shall
  756  cancel the coverages and return any unearned premium or suspend
  757  the security required by this section. Notwithstanding s.
  758  324.0221(2) s. 324.0221(3), the department may not suspend the
  759  registration or operator’s license of an any owner or registrant
  760  of a motor vehicle during the time she or he qualifies for the
  761  an exemption under this subsection. An Any owner or registrant
  762  of a motor vehicle who qualifies for the an exemption under this
  763  subsection shall immediately notify the department before prior
  764  to and at the end of the expiration of the exemption.
  765         Section 14. Subsections (1) and (2) of section 324.0221,
  766  Florida Statutes, are amended to read:
  767         324.0221 Reports by insurers to the department; suspension
  768  of driver license and vehicle registrations; reinstatement.—
  769         (1)(a) Each insurer that has issued a policy providing
  770  personal injury protection coverage or property damage liability
  771  coverage shall report the cancellation or nonrenewal thereof to
  772  the department within 10 days after the processing date or
  773  effective date of each cancellation or nonrenewal. Upon the
  774  issuance of a policy providing personal injury protection
  775  coverage or property damage liability coverage to a named
  776  insured not previously insured by the insurer during that
  777  calendar year, the insurer shall report the issuance of the new
  778  policy to the department within 10 days. The report must shall
  779  be in the form and format and contain any information required
  780  by the department and must be provided in a format that is
  781  compatible with the data processing capabilities of the
  782  department. Failure by an insurer to file proper reports with
  783  the department as required by this subsection constitutes a
  784  violation of the Florida Insurance Code. These records may shall
  785  be used by the department only for enforcement and regulatory
  786  purposes, including the generation by the department of data
  787  regarding compliance by owners of motor vehicles with the
  788  requirements for financial responsibility coverage.
  789         (b) With respect to an insurance policy providing medical
  790  payments coverage or personal injury protection coverage or
  791  property damage liability coverage, each insurer shall notify
  792  the named insured, or the first-named insured in the case of a
  793  commercial fleet policy, in writing that any cancellation or
  794  nonrenewal of the policy will be reported by the insurer to the
  795  department. The notice must also inform the named insured that
  796  failure to maintain medical payments coverage, bodily injury
  797  liability personal injury protection coverage, and property
  798  damage liability coverage on a motor vehicle when required by
  799  law may result in the loss of registration and driving
  800  privileges in this state and inform the named insured of the
  801  amount of the reinstatement fees required by this section. This
  802  notice is for informational purposes only, and an insurer is not
  803  civilly liable for failing to provide this notice.
  804         (2) The department shall suspend, after due notice and an
  805  opportunity to be heard, the registration and driver license of
  806  any owner or operator registrant of a motor vehicle for with
  807  respect to which security is required under s. 324.022, s.
  808  324.032, s. 627.7415, or s. 627.742 ss. 324.022 and 627.733
  809  upon:
  810         (a) The department’s records showing that the owner or
  811  operator registrant of such motor vehicle did not have the in
  812  full force and effect when required security in full force and
  813  effect that complies with the requirements of ss. 324.022 and
  814  627.733; or
  815         (b) Notification by the insurer to the department, in a
  816  form approved by the department, of cancellation or termination
  817  of the required security.
  818         Section 15. Section 324.023, Florida Statutes, is amended
  819  to read:
  820         324.023 Financial responsibility for bodily injury or
  821  death.—In addition to any other financial responsibility
  822  required by law, every owner or operator of a motor vehicle that
  823  is required to be registered in this state, or that is located
  824  within this state, and who, regardless of adjudication of guilt,
  825  has been found guilty of or entered a plea of guilty or nolo
  826  contendere to a charge of driving under the influence under s.
  827  316.193 after October 1, 2007, shall, by one of the methods
  828  established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2),
  829  establish and maintain the ability to respond in damages for
  830  liability on account of accidents arising out of the use of a
  831  motor vehicle in the amount of $100,000 because of bodily injury
  832  to, or death of, one person in any one crash and, subject to
  833  such limits for one person, in the amount of $300,000 because of
  834  bodily injury to, or death of, two or more persons in any one
  835  crash and in the amount of $50,000 because of property damage in
  836  any one crash. If the owner or operator chooses to establish and
  837  maintain such ability by furnishing a certificate of deposit
  838  pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of
  839  deposit must be at least $350,000. Such higher limits must be
  840  carried for a minimum period of 3 years. If the owner or
  841  operator has not been convicted of driving under the influence
  842  or a felony traffic offense for a period of 3 years from the
  843  date of reinstatement of driving privileges for a violation of
  844  s. 316.193, the owner or operator shall be exempt from this
  845  section.
  846         Section 16. Section 324.031, Florida Statutes, is amended
  847  to read:
  848         324.031 Manner of proving financial responsibility.—
  849         (1)The owner or operator of a taxicab, limousine, jitney,
  850  or any other for-hire passenger transportation vehicle may prove
  851  financial responsibility by providing satisfactory evidence of
  852  holding a motor vehicle liability policy as defined in s.
  853  324.021(8) or s. 324.151, which policy is issued by an insurance
  854  carrier which is a member of the Florida Insurance Guaranty
  855  Association. The operator or owner of a motor vehicle other than
  856  a for-hire passenger transportation vehicle any other vehicle
  857  may prove his or her financial responsibility by:
  858         (a)(1) Furnishing satisfactory evidence of holding a motor
  859  vehicle liability policy as defined in ss. 324.021(8) and
  860  324.151;
  861         (b)(2) Furnishing a certificate of self-insurance showing a
  862  deposit of cash in accordance with s. 324.161; or
  863         (c)(3) Furnishing a certificate of self-insurance issued by
  864  the department in accordance with s. 324.171.
  865         (2)(a) Any person, including any firm, partnership,
  866  association, corporation, or other person, other than a natural
  867  person, electing to use the method of proof specified in
  868  paragraph (1)(b) subsection (2) shall furnish a certificate of
  869  deposit equal to the number of vehicles owned times:
  870         1. Fifty thousand dollars, to a maximum of $200,000, from
  871  January 1, 2019, through December 31, 2020.
  872         2. Sixty thousand dollars, to a maximum of $240,000, from
  873  January 1, 2021, through December 31, 2022.
  874         3.Seventy thousand dollars, $30,000, to a maximum of
  875  $280,000, from January 1, 2023, and thereafter. $120,000;
  876         (b) In addition, any such person, other than a natural
  877  person, shall maintain insurance providing coverage conforming
  878  to the requirements of s. 324.151 in excess of the amount of the
  879  certificate of deposit, with limits of at least:
  880         1. One hundred twenty-five thousand dollars for bodily
  881  injury to, or the death of, one person in any one crash and,
  882  subject to such limits for one person, in the amount of $250,000
  883  for bodily injury to, or the death of, two or more persons in
  884  any one crash, and $50,000 for damage to, or destruction of,
  885  property of others in any one crash; or $10,000/20,000/10,000 or
  886  $30,000 combined single limits, and such excess insurance shall
  887  provide minimum limits of $125,000/250,000/50,000 or $300,000
  888  combined single limits. These increased limits shall not affect
  889  the requirements for proving financial responsibility under s.
  890  324.032(1).
  891         2. Three hundred thousand dollars for combined bodily
  892  injury liability and property damage liability for any one
  893  crash.
  894         Section 17. Section 324.032, Florida Statutes, is amended
  895  to read:
  896         324.032 Manner of proving Financial responsibility for;
  897  for-hire passenger transportation vehicles.—Notwithstanding the
  898  provisions of s. 324.031:
  899         (1) An owner, lessee, or operator of a for-hire passenger
  900  transportation vehicle that is required to be registered in this
  901  state shall establish and continuously maintain the ability to
  902  respond in damages for liability on account of accidents arising
  903  out of the ownership, maintenance, or use of the for-hire
  904  passenger transportation vehicle, in the amount of:
  905         (a) One hundred twenty-five thousand dollars for bodily
  906  injury to, or the death of, one person in any one crash and,
  907  subject to such limits for one person, in the amount of $250,000
  908  for bodily injury to, or the death of, two or more persons in
  909  any one crash; and A person who is either the owner or a lessee
  910  required to maintain insurance under s. 627.733(1)(b) and who
  911  operates one or more taxicabs, limousines, jitneys, or any other
  912  for-hire passenger transportation vehicles may prove financial
  913  responsibility by furnishing satisfactory evidence of holding a
  914  motor vehicle liability policy, but with minimum limits of
  915  $125,000/250,000/50,000.
  916         (b) Fifty thousand dollars for damage to, or destruction
  917  of, property of others in any one crash A person who is either
  918  the owner or a lessee required to maintain insurance under s.
  919  324.021(9)(b) and who operates limousines, jitneys, or any other
  920  for-hire passenger vehicles, other than taxicabs, may prove
  921  financial responsibility by furnishing satisfactory evidence of
  922  holding a motor vehicle liability policy as defined in s.
  923  324.031.
  924         (2)Except as provided in subsection (3), the requirements
  925  of this section must be met by the owner, lessee, or operator
  926  providing satisfactory evidence of holding a motor vehicle
  927  liability policy conforming to the requirements of s. 324.151
  928  which is issued by an insurance carrier that is a member of the
  929  Florida Insurance Guaranty Association.
  930         (3)(2) An owner or a lessee who is required to maintain
  931  insurance under s. 324.021(9)(b) and who operates at least 300
  932  taxicabs, limousines, jitneys, or any other for-hire passenger
  933  transportation vehicles may provide financial responsibility by
  934  complying with the provisions of s. 324.171, such compliance to
  935  be demonstrated by maintaining at its principal place of
  936  business an audited financial statement, prepared in accordance
  937  with generally accepted accounting principles, and providing to
  938  the department a certification issued by a certified public
  939  accountant that the applicant’s net worth is at least equal to
  940  the requirements of s. 324.171 as determined by the Office of
  941  Insurance Regulation of the Financial Services Commission,
  942  including claims liabilities in an amount certified as adequate
  943  by a Fellow of the Casualty Actuarial Society.
  944  
  945  Upon request by the department, the applicant shall must provide
  946  the department at the applicant’s principal place of business in
  947  this state access to the applicant’s underlying financial
  948  information and financial statements that provide the basis of
  949  the certified public accountant’s certification. The applicant
  950  shall reimburse the requesting department for all reasonable
  951  costs incurred by it in reviewing the supporting information.
  952  The maximum amount of self-insurance permissible under this
  953  subsection is $300,000 and must be stated on a per-occurrence
  954  basis, and the applicant shall maintain adequate excess
  955  insurance issued by an authorized or eligible insurer licensed
  956  or approved by the Office of Insurance Regulation. All risks
  957  self-insured shall remain with the owner or lessee providing it,
  958  and the risks are not transferable to any other person, unless a
  959  policy complying with subsections (1) and (2) subsection (1) is
  960  obtained.
  961         Section 18. Paragraph (b) of subsection (2) of section
  962  324.051, Florida Statutes, is amended to read:
  963         324.051 Reports of crashes; suspensions of licenses and
  964  registrations.—
  965         (2)
  966         (b) This subsection does shall not apply:
  967         1. To such operator or owner if such operator or owner had
  968  in effect at the time of such crash or traffic conviction a
  969  motor vehicle an automobile liability policy with respect to all
  970  of the registered motor vehicles owned by such operator or
  971  owner.
  972         2. To such operator, if not the owner of such motor
  973  vehicle, if there was in effect at the time of such crash or
  974  traffic conviction a motor vehicle an automobile liability
  975  policy or bond with respect to his or her operation of motor
  976  vehicles not owned by him or her.
  977         3. To such operator or owner if the liability of such
  978  operator or owner for damages resulting from such crash is, in
  979  the judgment of the department, covered by any other form of
  980  liability insurance or bond.
  981         4. To any person who has obtained from the department a
  982  certificate of self-insurance, in accordance with s. 324.171, or
  983  to any person operating a motor vehicle for such self-insurer.
  984  
  985  No such policy or bond shall be effective under this subsection
  986  unless it contains limits of not less than those specified in s.
  987  324.021(7).
  988         Section 19. Section 324.071, Florida Statutes, is amended
  989  to read:
  990         324.071 Reinstatement; renewal of license; reinstatement
  991  fee.—An Any operator or owner whose license or registration has
  992  been suspended pursuant to s. 324.051(2), s. 324.072, s.
  993  324.081, or s. 324.121 may effect its reinstatement upon
  994  compliance with the provisions of s. 324.051(2)(a)3. or 4., or
  995  s. 324.081(2) and (3), as the case may be, and with one of the
  996  provisions of s. 324.031 and upon payment to the department of a
  997  nonrefundable reinstatement fee as specified in s. 324.0221 of
  998  $15. Only one such fee may shall be paid by any one person
  999  regardless irrespective of the number of licenses and
 1000  registrations to be then reinstated or issued to such person.
 1001  All Such fees must shall be deposited to a department trust
 1002  fund. If When the reinstatement of any license or registration
 1003  is effected by compliance with s. 324.051(2)(a)3. or 4., the
 1004  department may shall not renew the license or registration
 1005  within a period of 3 years after from such reinstatement, nor
 1006  may shall any other license or registration be issued in the
 1007  name of such person, unless the operator continues is continuing
 1008  to comply with one of the provisions of s. 324.031.
 1009         Section 20. Subsection (1) of section 324.091, Florida
 1010  Statutes, is amended to read:
 1011         324.091 Notice to department; notice to insurer.—
 1012         (1) Each owner and operator involved in a crash or
 1013  conviction case within the purview of this chapter shall furnish
 1014  evidence of automobile liability insurance or motor vehicle
 1015  liability insurance within 14 days after the date of the mailing
 1016  of notice of crash by the department in the form and manner as
 1017  it may designate. Upon receipt of evidence that a an automobile
 1018  liability policy or motor vehicle liability policy was in effect
 1019  at the time of the crash or conviction case, the department
 1020  shall forward to the insurer such information for verification
 1021  in a method as determined by the department. The insurer shall
 1022  respond to the department within 20 days after the notice as to
 1023  whether or not such information is valid. If the department
 1024  determines that a an automobile liability policy or motor
 1025  vehicle liability policy was not in effect and did not provide
 1026  coverage for both the owner and the operator, it must shall take
 1027  action as it is authorized to do under this chapter.
 1028         Section 21. Section 324.151, Florida Statutes, is amended
 1029  to read:
 1030         324.151 Motor vehicle liability policies; required
 1031  provisions.—
 1032         (1) A motor vehicle liability policy that serves as to be
 1033  proof of financial responsibility under s. 324.031(1) must,
 1034  shall be issued to owners and or operators of motor vehicles
 1035  under the following provisions:
 1036         (a) A motor vehicle An owner’s liability insurance policy
 1037  issued to an owner of a motor vehicle registered in this state
 1038  must shall designate by explicit description or by appropriate
 1039  reference all motor vehicles for with respect to which coverage
 1040  is thereby granted. The policy must and shall insure the person
 1041  or persons owner named therein and any resident relative of a
 1042  named insured other person as operator using such motor vehicle
 1043  or motor vehicles with the express or implied permission of such
 1044  owner against loss from the liability imposed by law for damage
 1045  arising out of the ownership, maintenance, or use of any such
 1046  motor vehicle except as otherwise provided in this section. The
 1047  policy must also insure any person operating an insured motor
 1048  vehicle with the express or implied permission of a named
 1049  insured against loss from the liability imposed by law for
 1050  damage arising out of the use of such vehicle. However, the
 1051  insurer may include provisions in its policy excluding liability
 1052  coverage for a motor vehicle not designated as an insured
 1053  vehicle on the policy, if such motor vehicle does not qualify as
 1054  a newly acquired vehicle, does not qualify as a temporary
 1055  substitute vehicle, and was owned by an insured or was furnished
 1056  for an insured’s regular use for more than 30 consecutive days
 1057  before the event giving rise to the claim or motor vehicles
 1058  within the United States or the Dominion of Canada, subject to
 1059  limits, exclusive of interest and costs with respect to each
 1060  such motor vehicle as is provided for under s. 324.021(7).
 1061  Insurers may make available, with respect to property damage
 1062  liability coverage, a deductible amount not to exceed $500. In
 1063  the event of a property damage loss covered by a policy
 1064  containing a property damage deductible provision, the insurer
 1065  shall pay to the third-party claimant the amount of any property
 1066  damage liability settlement or judgment, subject to policy
 1067  limits, as if no deductible existed.
 1068         (b) A motor vehicle liability insurance policy issued to a
 1069  person who does not own a motor vehicle registered in this state
 1070  and who is not already insured under a policy described in
 1071  paragraph (a) must An operator’s motor vehicle liability policy
 1072  of insurance shall insure the person or persons named therein
 1073  against loss from the liability imposed upon him or her by law
 1074  for damages arising out of the use by the person of any motor
 1075  vehicle not owned by him or her, unless the vehicle was
 1076  furnished for the named insured’s regular use and was used by
 1077  the named insured for more than 30 consecutive days before the
 1078  event giving rise to the claim with the same territorial limits
 1079  and subject to the same limits of liability as referred to above
 1080  with respect to an owner’s policy of liability insurance.
 1081         (c) All such motor vehicle liability policies must shall
 1082  state the name and address of the named insured, the coverage
 1083  afforded by the policy, the premium charged therefor, the policy
 1084  period, the limits of liability, and must shall contain an
 1085  agreement or be endorsed that insurance is provided in
 1086  accordance with the coverage defined in this chapter as respects
 1087  bodily injury and death or property damage or both and is
 1088  subject to all provisions of this chapter. The policies must
 1089  insure all persons covered under the liability coverage against
 1090  loss from the liability imposed by law for any litigation costs
 1091  or attorney fees in any civil action defended by the insurer
 1092  which arises out of the ownership, maintenance, or use of a
 1093  motor vehicle for which there is liability coverage under the
 1094  policy. The Said policies must shall also contain a provision
 1095  that the satisfaction by an insured of a judgment for such
 1096  injury or damage may shall not be a condition precedent to the
 1097  right or duty of the insurance carrier to make payment on
 1098  account of such injury or damage, and must shall also contain a
 1099  provision that bankruptcy or insolvency of the insured or of the
 1100  insured’s estate may shall not relieve the insurance carrier of
 1101  any of its obligations under the said policy. However, the
 1102  policies may contain provisions excluding liability coverage for
 1103  a vehicle being used outside of the United States or Canada at
 1104  the time of the accident.
 1105         (2) The provisions of This section is shall not be
 1106  applicable to any automobile liability policy unless and until
 1107  it is furnished as proof of financial responsibility for the
 1108  future pursuant to s. 324.031, and then only from and after the
 1109  date the said policy is so furnished.
 1110         (3) As used in this section, the term:
 1111         (a) “Newly acquired vehicle” means a vehicle owned by a
 1112  named insured or resident relative of the named insured which
 1113  was acquired within 30 days before an accident.
 1114         (b) “Resident relative” means a person related to a named
 1115  insured by any degree by blood, marriage, or adoption, including
 1116  a ward or foster child, who usually makes his or her home in the
 1117  same family unit as the named insured, whether or not he or she
 1118  temporarily lives elsewhere.
 1119         (c) “Temporary substitute vehicle” means any motor vehicle
 1120  as defined in s. 320.01(1) not owned by the named insured which
 1121  is temporarily used with the permission of the owner as a
 1122  substitute for the owned motor vehicle designated on the policy,
 1123  when the owned vehicle is withdrawn from normal use because of
 1124  breakdown, repair, servicing, loss, or destruction.
 1125         Section 22. Section 324.161, Florida Statutes, is amended
 1126  to read:
 1127         324.161 Proof of financial responsibility; deposit.—If a
 1128  person elects to prove his or her financial responsibility under
 1129  the method of proof specified in s. 324.031(1)(b), he or she
 1130  must obtain proof of a certificate of deposit annually, in the
 1131  amount required under s. 324.031(2), from a financial
 1132  institution insured by the Federal Deposit Insurance Corporation
 1133  or the National Credit Union Administration. Proof of such
 1134  certificate of deposit Annually, before any certificate of
 1135  insurance may be issued to a person, including any firm,
 1136  partnership, association, corporation, or other person, other
 1137  than a natural person, proof of a certificate of deposit of
 1138  $30,000 issued and held by a financial institution must be
 1139  submitted to the department annually. A power of attorney will
 1140  be issued to and held by the department and may be executed upon
 1141  a judgment issued against such person making the deposit, for
 1142  damages for because of bodily injury to or death of any person
 1143  or for damages for because of injury to or destruction of
 1144  property resulting from the use or operation of any motor
 1145  vehicle occurring after such deposit was made. Money so
 1146  deposited is shall not be subject to attachment or execution
 1147  unless such attachment or execution arises shall arise out of a
 1148  lawsuit suit for such damages as aforesaid.
 1149         Section 23. Subsections (1) and (2) of section 324.171,
 1150  Florida Statutes, are amended to read:
 1151         324.171 Self-insurer.—
 1152         (1) A Any person may qualify as a self-insurer by obtaining
 1153  a certificate of self-insurance from the department. which may,
 1154  in its discretion and Upon application of such a person, the
 1155  department may issue a said certificate of self-insurance if the
 1156  applicant when such person has satisfied the requirements of
 1157  this section to qualify as a self-insurer under this section:
 1158         (a) A private individual with private passenger vehicles
 1159  must shall possess a net unencumbered worth: of
 1160         1.Beginning January 1, 2019, through December 31, 2020, of
 1161  at least $80,000.
 1162         2. Beginning January 1, 2021, through December 31, 2022, of
 1163  at least $100,000.
 1164         3. Beginning January 1, 2023, and thereafter, of at least
 1165  $120,000 $40,000.
 1166         (b) A person, including any firm, partnership, association,
 1167  corporation, or other person, other than a natural person, must
 1168  shall:
 1169         1. Possess a net unencumbered worth: of
 1170         a. Beginning January 1, 2019, through December 31, 2020, of
 1171  at least $80,000 for the first motor vehicle and $40,000 for
 1172  each additional motor vehicle.
 1173         b. Beginning January 1, 2021, through December 31, 2022, of
 1174  at least $100,000 for the first motor vehicle and $50,000 for
 1175  each additional motor vehicle.
 1176         c. Beginning January 1, 2023, and thereafter, of at least
 1177  $120,000 $40,000 for the first motor vehicle and $60,000 $20,000
 1178  for each additional motor vehicle; or
 1179         2. Maintain sufficient net worth, in an amount determined
 1180  by the department, to be financially responsible for potential
 1181  losses. The department shall annually determine the minimum net
 1182  worth sufficient to satisfy this subparagraph as determined
 1183  annually by the department, pursuant to rules adopted
 1184  promulgated by the department, with the assistance of the Office
 1185  of Insurance Regulation of the Financial Services Commission, to
 1186  be financially responsible for potential losses. The rules must
 1187  consider any shall take into consideration excess insurance
 1188  carried by the applicant. The department’s determination must
 1189  shall be based upon reasonable actuarial principles considering
 1190  the frequency, severity, and loss development of claims incurred
 1191  by casualty insurers writing coverage on the type of motor
 1192  vehicles for which a certificate of self-insurance is desired.
 1193         (c) The owner of a commercial motor vehicle, as defined in
 1194  s. 207.002 or s. 320.01, may qualify as a self-insurer subject
 1195  to the standards provided for in subparagraph (b)2.
 1196         (2) The self-insurance certificate must shall provide
 1197  limits of liability insurance in the amounts specified under s.
 1198  324.021(7) or s. 627.7415 and shall provide personal injury
 1199  protection coverage under s. 627.733(3)(b).
 1200         Section 24. Section 324.251, Florida Statutes, is amended
 1201  to read:
 1202         324.251 Short title.—This chapter may be cited as the
 1203  “Financial Responsibility Law of 2018 1955” and is shall become
 1204  effective at 12:01 a.m., January 1, 2019 October 1, 1955.
 1205         Section 25. Subsection (4) of section 400.9905, Florida
 1206  Statutes, is amended to read:
 1207         400.9905 Definitions.—
 1208         (4) “Clinic” means an entity where health care services are
 1209  provided to individuals and which tenders charges for
 1210  reimbursement for such services, including a mobile clinic and a
 1211  portable equipment provider. As used in this part, the term does
 1212  not include and the licensure requirements of this part do not
 1213  apply to:
 1214         (a) Entities licensed or registered by the state under
 1215  chapter 395; entities licensed or registered by the state and
 1216  providing only health care services within the scope of services
 1217  authorized under their respective licenses under ss. 383.30
 1218  383.335, chapter 390, chapter 394, chapter 397, this chapter
 1219  except part X, chapter 429, chapter 463, chapter 465, chapter
 1220  466, chapter 478, part I of chapter 483, chapter 484, or chapter
 1221  651; end-stage renal disease providers authorized under 42
 1222  C.F.R. part 405, subpart U; providers certified under 42 C.F.R.
 1223  part 485, subpart B or subpart H; or any entity that provides
 1224  neonatal or pediatric hospital-based health care services or
 1225  other health care services by licensed practitioners solely
 1226  within a hospital licensed under chapter 395.
 1227         (b) Entities that own, directly or indirectly, entities
 1228  licensed or registered by the state pursuant to chapter 395;
 1229  entities that own, directly or indirectly, entities licensed or
 1230  registered by the state and providing only health care services
 1231  within the scope of services authorized pursuant to their
 1232  respective licenses under ss. 383.30-383.335, chapter 390,
 1233  chapter 394, chapter 397, this chapter except part X, chapter
 1234  429, chapter 463, chapter 465, chapter 466, chapter 478, part I
 1235  of chapter 483, chapter 484, or chapter 651; end-stage renal
 1236  disease providers authorized under 42 C.F.R. part 405, subpart
 1237  U; providers certified under 42 C.F.R. part 485, subpart B or
 1238  subpart H; or any entity that provides neonatal or pediatric
 1239  hospital-based health care services by licensed practitioners
 1240  solely within a hospital licensed under chapter 395.
 1241         (c) Entities that are owned, directly or indirectly, by an
 1242  entity licensed or registered by the state pursuant to chapter
 1243  395; entities that are owned, directly or indirectly, by an
 1244  entity licensed or registered by the state and providing only
 1245  health care services within the scope of services authorized
 1246  pursuant to their respective licenses under ss. 383.30-383.335,
 1247  chapter 390, chapter 394, chapter 397, this chapter except part
 1248  X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
 1249  478, part I of chapter 483, chapter 484, or chapter 651; end
 1250  stage renal disease providers authorized under 42 C.F.R. part
 1251  405, subpart U; providers certified under 42 C.F.R. part 485,
 1252  subpart B or subpart H; or any entity that provides neonatal or
 1253  pediatric hospital-based health care services by licensed
 1254  practitioners solely within a hospital under chapter 395.
 1255         (d) Entities that are under common ownership, directly or
 1256  indirectly, with an entity licensed or registered by the state
 1257  pursuant to chapter 395; entities that are under common
 1258  ownership, directly or indirectly, with an entity licensed or
 1259  registered by the state and providing only health care services
 1260  within the scope of services authorized pursuant to their
 1261  respective licenses under ss. 383.30-383.335, chapter 390,
 1262  chapter 394, chapter 397, this chapter except part X, chapter
 1263  429, chapter 463, chapter 465, chapter 466, chapter 478, part I
 1264  of chapter 483, chapter 484, or chapter 651; end-stage renal
 1265  disease providers authorized under 42 C.F.R. part 405, subpart
 1266  U; providers certified under 42 C.F.R. part 485, subpart B or
 1267  subpart H; or any entity that provides neonatal or pediatric
 1268  hospital-based health care services by licensed practitioners
 1269  solely within a hospital licensed under chapter 395.
 1270         (e) An entity that is exempt from federal taxation under 26
 1271  U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
 1272  under 26 U.S.C. s. 409 that has a board of trustees at least
 1273  two-thirds of which are Florida-licensed health care
 1274  practitioners and provides only physical therapy services under
 1275  physician orders, any community college or university clinic,
 1276  and any entity owned or operated by the federal or state
 1277  government, including agencies, subdivisions, or municipalities
 1278  thereof.
 1279         (f) A sole proprietorship, group practice, partnership, or
 1280  corporation that provides health care services by physicians
 1281  covered by s. 627.419, that is directly supervised by one or
 1282  more of such physicians, and that is wholly owned by one or more
 1283  of those physicians or by a physician and the spouse, parent,
 1284  child, or sibling of that physician.
 1285         (g) A sole proprietorship, group practice, partnership, or
 1286  corporation that provides health care services by licensed
 1287  health care practitioners under chapter 457, chapter 458,
 1288  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
 1289  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
 1290  chapter 490, chapter 491, or part I, part III, part X, part
 1291  XIII, or part XIV of chapter 468, or s. 464.012, and that is
 1292  wholly owned by one or more licensed health care practitioners,
 1293  or the licensed health care practitioners set forth in this
 1294  paragraph and the spouse, parent, child, or sibling of a
 1295  licensed health care practitioner if one of the owners who is a
 1296  licensed health care practitioner is supervising the business
 1297  activities and is legally responsible for the entity’s
 1298  compliance with all federal and state laws. However, a health
 1299  care practitioner may not supervise services beyond the scope of
 1300  the practitioner’s license, except that, for the purposes of
 1301  this part, a clinic owned by a licensee in s. 456.053(3)(b)
 1302  which provides only services authorized pursuant to s.
 1303  456.053(3)(b) may be supervised by a licensee specified in s.
 1304  456.053(3)(b).
 1305         (h) Clinical facilities affiliated with an accredited
 1306  medical school at which training is provided for medical
 1307  students, residents, or fellows.
 1308         (i) Entities that provide only oncology or radiation
 1309  therapy services by physicians licensed under chapter 458 or
 1310  chapter 459 or entities that provide oncology or radiation
 1311  therapy services by physicians licensed under chapter 458 or
 1312  chapter 459 which are owned by a corporation whose shares are
 1313  publicly traded on a recognized stock exchange.
 1314         (j) Clinical facilities affiliated with a college of
 1315  chiropractic accredited by the Council on Chiropractic Education
 1316  at which training is provided for chiropractic students.
 1317         (k) Entities that provide licensed practitioners to staff
 1318  emergency departments or to deliver anesthesia services in
 1319  facilities licensed under chapter 395 and that derive at least
 1320  90 percent of their gross annual revenues from the provision of
 1321  such services. Entities claiming an exemption from licensure
 1322  under this paragraph must provide documentation demonstrating
 1323  compliance.
 1324         (l) Orthotic, prosthetic, pediatric cardiology, or
 1325  perinatology clinical facilities or anesthesia clinical
 1326  facilities that are not otherwise exempt under paragraph (a) or
 1327  paragraph (k) and that are a publicly traded corporation or are
 1328  wholly owned, directly or indirectly, by a publicly traded
 1329  corporation. As used in this paragraph, a publicly traded
 1330  corporation is a corporation that issues securities traded on an
 1331  exchange registered with the United States Securities and
 1332  Exchange Commission as a national securities exchange.
 1333         (m) Entities that are owned by a corporation that has $250
 1334  million or more in total annual sales of health care services
 1335  provided by licensed health care practitioners where one or more
 1336  of the persons responsible for the operations of the entity is a
 1337  health care practitioner who is licensed in this state and who
 1338  is responsible for supervising the business activities of the
 1339  entity and is responsible for the entity’s compliance with state
 1340  law for purposes of this part.
 1341         (n) Entities that employ 50 or more licensed health care
 1342  practitioners licensed under chapter 458 or chapter 459 where
 1343  the billing for medical services is under a single tax
 1344  identification number. The application for exemption under this
 1345  subsection must include shall contain information that includes:
 1346  the name, residence, and business address and telephone phone
 1347  number of the entity that owns the practice; a complete list of
 1348  the names and contact information of all the officers and
 1349  directors of the corporation; the name, residence address,
 1350  business address, and medical license number of each licensed
 1351  Florida health care practitioner employed by the entity; the
 1352  corporate tax identification number of the entity seeking an
 1353  exemption; a listing of health care services to be provided by
 1354  the entity at the health care clinics owned or operated by the
 1355  entity; and a certified statement prepared by an independent
 1356  certified public accountant which states that the entity and the
 1357  health care clinics owned or operated by the entity have not
 1358  received payment for health care services under medical payments
 1359  personal injury protection insurance coverage for the preceding
 1360  year. If the agency determines that an entity that which is
 1361  exempt under this subsection has received payments for medical
 1362  services under medical payments personal injury protection
 1363  insurance coverage, the agency may deny or revoke the exemption
 1364  from licensure under this subsection.
 1365  
 1366  Notwithstanding this subsection, an entity shall be deemed a
 1367  clinic and must be licensed under this part in order to receive
 1368  medical payments coverage reimbursement under s. 627.7265 the
 1369  Florida Motor Vehicle No-Fault Law, ss. 627.730-627.7405, unless
 1370  exempted under s. 627.7265(6)(h) s. 627.736(5)(h).
 1371         Section 26. Subsection (6) of section 400.991, Florida
 1372  Statutes, is amended to read:
 1373         400.991 License requirements; background screenings;
 1374  prohibitions.—
 1375         (6) All agency forms for licensure application or exemption
 1376  from licensure under this part must contain the following
 1377  statement:
 1378  
 1379         INSURANCE FRAUD NOTICE.—A person commits a fraudulent
 1380         insurance act, as defined in s. 626.989, Florida
 1381         Statutes, if the person who knowingly submits a false,
 1382         misleading, or fraudulent application or other
 1383         document when applying for licensure as a health care
 1384         clinic, seeking an exemption from licensure as a
 1385         health care clinic, or demonstrating compliance with
 1386         part X of chapter 400, Florida Statutes, with the
 1387         intent to use the license, exemption from licensure,
 1388         or demonstration of compliance to provide services or
 1389         seek reimbursement under a motor vehicle liability
 1390         insurance policy’s medical payments coverage the
 1391         Florida Motor Vehicle No-Fault Law, commits a
 1392         fraudulent insurance act, as defined in s. 626.989,
 1393         Florida Statutes. A person who presents a claim for
 1394         benefits under medical payments coverage, personal
 1395         injury protection benefits knowing that the payee
 1396         knowingly submitted such health care clinic
 1397         application or document, commits insurance fraud, as
 1398         defined in s. 817.234, Florida Statutes.
 1399         Section 27. Paragraph (g) of subsection (1) of section
 1400  400.9935, Florida Statutes, is amended to read:
 1401         400.9935 Clinic responsibilities.—
 1402         (1) Each clinic shall appoint a medical director or clinic
 1403  director who shall agree in writing to accept legal
 1404  responsibility for the following activities on behalf of the
 1405  clinic. The medical director or the clinic director shall:
 1406         (g) Conduct systematic reviews of clinic billings to ensure
 1407  that the billings are not fraudulent or unlawful. Upon discovery
 1408  of an unlawful charge, the medical director or clinic director
 1409  shall take immediate corrective action. If the clinic performs
 1410  only the technical component of magnetic resonance imaging,
 1411  static radiographs, computed tomography, or positron emission
 1412  tomography, and provides the professional interpretation of such
 1413  services, in a fixed facility that is accredited by a national
 1414  accrediting organization that is approved by the Centers for
 1415  Medicare and Medicaid Services for magnetic resonance imaging
 1416  and advanced diagnostic imaging services and if, in the
 1417  preceding quarter, the percentage of scans performed by that
 1418  clinic which was billed to motor vehicle all personal injury
 1419  protection insurance carriers under medical payments coverage
 1420  was less than 15 percent, the chief financial officer of the
 1421  clinic may, in a written acknowledgment provided to the agency,
 1422  assume the responsibility for the conduct of the systematic
 1423  reviews of clinic billings to ensure that the billings are not
 1424  fraudulent or unlawful.
 1425         Section 28. Subsection (28) of section 409.901, Florida
 1426  Statutes, is amended to read:
 1427         409.901 Definitions; ss. 409.901-409.920.—As used in ss.
 1428  409.901-409.920, except as otherwise specifically provided, the
 1429  term:
 1430         (28) “Third-party benefit” means any benefit that is or may
 1431  be available at any time through contract, court award,
 1432  judgment, settlement, agreement, or any arrangement between a
 1433  third party and any person or entity, including, without
 1434  limitation, a Medicaid recipient, a provider, another third
 1435  party, an insurer, or the agency, for any Medicaid-covered
 1436  injury, illness, goods, or services, including costs of medical
 1437  services related thereto, for bodily personal injury or for
 1438  death of the recipient, but specifically excluding policies of
 1439  life insurance policies on the recipient, unless available under
 1440  terms of the policy to pay medical expenses before prior to
 1441  death. The term includes, without limitation, collateral, as
 1442  defined in this section, health insurance, any benefit under a
 1443  health maintenance organization, a preferred provider
 1444  arrangement, a prepaid health clinic, liability insurance,
 1445  uninsured motorist insurance, medical payments coverage or
 1446  personal injury protection coverage, medical benefits under
 1447  workers’ compensation, and any obligation under law or equity to
 1448  provide medical support.
 1449         Section 29. Paragraph (f) of subsection (11) of section
 1450  409.910, Florida Statutes, is amended to read:
 1451         409.910 Responsibility for payments on behalf of Medicaid
 1452  eligible persons when other parties are liable.—
 1453         (11) The agency may, as a matter of right, in order to
 1454  enforce its rights under this section, institute, intervene in,
 1455  or join any legal or administrative proceeding in its own name
 1456  in one or more of the following capacities: individually, as
 1457  subrogee of the recipient, as assignee of the recipient, or as
 1458  lienholder of the collateral.
 1459         (f) Notwithstanding any provision in this section to the
 1460  contrary, in the event of an action in tort against a third
 1461  party in which the recipient or his or her legal representative
 1462  is a party which results in a judgment, award, or settlement
 1463  from a third party, the amount recovered shall be distributed as
 1464  follows:
 1465         1. After attorney attorney’s fees and taxable costs as
 1466  defined by the Florida Rules of Civil Procedure, one-half of the
 1467  remaining recovery shall be paid to the agency up to the total
 1468  amount of medical assistance provided by Medicaid.
 1469         2. The remaining amount of the recovery shall be paid to
 1470  the recipient.
 1471         3. For purposes of calculating the agency’s recovery of
 1472  medical assistance benefits paid, the fee for services of an
 1473  attorney retained by the recipient or his or her legal
 1474  representative shall be calculated at 25 percent of the
 1475  judgment, award, or settlement.
 1476         4. Notwithstanding any other provision of this section to
 1477  the contrary, the agency shall be entitled to all medical
 1478  coverage benefits up to the total amount of medical assistance
 1479  provided by Medicaid. For purposes of this paragraph, the term
 1480  “medical coverage” means any benefits under health insurance, a
 1481  health maintenance organization, a preferred provider
 1482  arrangement, or a prepaid health clinic, and the portion of
 1483  benefits designated for medical payments under coverage for
 1484  workers’ compensation coverage, motor vehicle insurance
 1485  coverage, personal injury protection, and casualty coverage.
 1486         Section 30. Paragraph (k) of subsection (2) of section
 1487  456.057, Florida Statutes, is amended to read:
 1488         456.057 Ownership and control of patient records; report or
 1489  copies of records to be furnished; disclosure of information.—
 1490         (2) As used in this section, the terms “records owner,”
 1491  “health care practitioner,” and “health care practitioner’s
 1492  employer” do not include any of the following persons or
 1493  entities; furthermore, the following persons or entities are not
 1494  authorized to acquire or own medical records, but are authorized
 1495  under the confidentiality and disclosure requirements of this
 1496  section to maintain those documents required by the part or
 1497  chapter under which they are licensed or regulated:
 1498         (k) Persons or entities practicing under s. 627.7265(9) s.
 1499  627.736(7).
 1500         Section 31. Paragraphs (ee) and (ff) of subsection (1) of
 1501  section 456.072, Florida Statutes, are amended to read:
 1502         456.072 Grounds for discipline; penalties; enforcement.—
 1503         (1) The following acts shall constitute grounds for which
 1504  the disciplinary actions specified in subsection (2) may be
 1505  taken:
 1506         (ee) With respect to making a medical payments coverage
 1507  personal injury protection claim under s. 627.7265 as required
 1508  by s. 627.736, intentionally submitting a claim, statement, or
 1509  bill that has been “upcoded” as defined in that section s.
 1510  627.732.
 1511         (ff) With respect to making a medical payments coverage
 1512  personal injury protection claim as required under s. 627.7265
 1513  by s. 627.736, intentionally submitting a claim, statement, or
 1514  bill for payment of services that were not rendered.
 1515         Section 32. Paragraphs (i) and (o) of subsection (1) of
 1516  section 626.9541, Florida Statutes, are amended to read:
 1517         626.9541 Unfair methods of competition and unfair or
 1518  deceptive acts or practices defined.—
 1519         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
 1520  ACTS.—The following are defined as unfair methods of competition
 1521  and unfair or deceptive acts or practices:
 1522         (i) Unfair claim settlement practices.—
 1523         1. Attempting to settle claims on the basis of an
 1524  application, when serving as a binder or intended to become a
 1525  part of the policy, or any other material document which was
 1526  altered without notice to, or knowledge or consent of, the
 1527  insured;
 1528         2. A material misrepresentation made to an insured or any
 1529  other person having an interest in the proceeds payable under
 1530  such contract or policy, for the purpose and with the intent of
 1531  effecting settlement of such claims, loss, or damage under such
 1532  contract or policy on less favorable terms than those provided
 1533  in, and contemplated by, such contract or policy; or
 1534         3. Committing or performing with such frequency as to
 1535  indicate a general business practice any of the following:
 1536         a. Failing to adopt and implement standards for the proper
 1537  investigation of claims;
 1538         b. Misrepresenting pertinent facts or insurance policy
 1539  provisions relating to coverages at issue;
 1540         c. Failing to acknowledge and act promptly upon
 1541  communications with respect to claims;
 1542         d. Denying claims without conducting reasonable
 1543  investigations based upon available information;
 1544         e. Failing to affirm or deny full or partial coverage of
 1545  claims, and, as to partial coverage, the dollar amount or extent
 1546  of coverage, or failing to provide a written statement that the
 1547  claim is being investigated, upon the written request of the
 1548  insured within 30 days after proof-of-loss statements have been
 1549  completed;
 1550         f. Failing to promptly provide a reasonable explanation in
 1551  writing to the insured of the basis in the insurance policy, in
 1552  relation to the facts or applicable law, for denial of a claim
 1553  or for the offer of a compromise settlement;
 1554         g. Failing to promptly notify the insured of any additional
 1555  information necessary for the processing of a claim; or
 1556         h. Failing to clearly explain the nature of the requested
 1557  information and the reasons why such information is necessary;
 1558  or.
 1559         i. Failing to pay personal injury protection insurance
 1560  claims for benefits under medical payments coverage within the
 1561  time periods required by s. 627.7265(5)(b) s. 627.736(4)(b). The
 1562  office may order the insurer to pay restitution to a
 1563  policyholder, medical provider, or other claimant, including
 1564  interest at a rate consistent with the amount set forth in s.
 1565  55.03(1), for the time period within which an insurer fails to
 1566  pay claims as required by law. Restitution is in addition to any
 1567  other penalties allowed by law, including, but not limited to,
 1568  the suspension of the insurer’s certificate of authority.
 1569         4. Failing to pay undisputed amounts of partial or full
 1570  benefits owed under first-party property insurance policies
 1571  within 90 days after an insurer receives notice of a residential
 1572  property insurance claim, determines the amounts of partial or
 1573  full benefits, and agrees to coverage, unless payment of the
 1574  undisputed benefits is prevented by an act of God, prevented by
 1575  the impossibility of performance, or due to actions by the
 1576  insured or claimant that constitute fraud, lack of cooperation,
 1577  or intentional misrepresentation regarding the claim for which
 1578  benefits are owed.
 1579         (o) Illegal dealings in premiums; excess or reduced charges
 1580  for insurance.—
 1581         1. Knowingly collecting any sum as a premium or charge for
 1582  insurance, which is not then provided, or is not in due course
 1583  to be provided, subject to acceptance of the risk by the
 1584  insurer, by an insurance policy issued by an insurer as
 1585  permitted by this code.
 1586         2. Knowingly collecting as a premium or charge for
 1587  insurance any sum in excess of or less than the premium or
 1588  charge applicable to such insurance, in accordance with the
 1589  applicable classifications and rates as filed with and approved
 1590  by the office, and as specified in the policy; or, in cases when
 1591  classifications, premiums, or rates are not required by this
 1592  code to be so filed and approved, premiums and charges collected
 1593  from a Florida resident in excess of or less than those
 1594  specified in the policy and as fixed by the insurer.
 1595  Notwithstanding any other provision of law, this provision shall
 1596  not be deemed to prohibit the charging and collection, by
 1597  surplus lines agents licensed under part VIII of this chapter,
 1598  of the amount of applicable state and federal taxes, or fees as
 1599  authorized by s. 626.916(4), in addition to the premium required
 1600  by the insurer or the charging and collection, by licensed
 1601  agents, of the exact amount of any discount or other such fee
 1602  charged by a credit card facility in connection with the use of
 1603  a credit card, as authorized by subparagraph (q)3., in addition
 1604  to the premium required by the insurer. This subparagraph shall
 1605  not be construed to prohibit collection of a premium for a
 1606  universal life or a variable or indeterminate value insurance
 1607  policy made in accordance with the terms of the contract.
 1608         3.a. Imposing or requesting an additional premium for
 1609  bodily injury liability coverage, property damage liability
 1610  coverage a policy of motor vehicle liability, personal injury
 1611  protection, medical payment coverage, or collision coverage in a
 1612  motor vehicle liability insurance policy insurance or any
 1613  combination thereof or refusing to renew the policy solely
 1614  because the insured was involved in a motor vehicle accident
 1615  unless the insurer’s file contains information from which the
 1616  insurer in good faith determines that the insured was
 1617  substantially at fault in the accident.
 1618         b. An insurer which imposes and collects such a surcharge
 1619  or which refuses to renew such policy shall, in conjunction with
 1620  the notice of premium due or notice of nonrenewal, notify the
 1621  named insured that he or she is entitled to reimbursement of
 1622  such amount or renewal of the policy under the conditions listed
 1623  below and will subsequently reimburse him or her or renew the
 1624  policy, if the named insured demonstrates that the operator
 1625  involved in the accident was:
 1626         (I) Lawfully parked;
 1627         (II) Reimbursed by, or on behalf of, a person responsible
 1628  for the accident or has a judgment against such person;
 1629         (III) Struck in the rear by another vehicle headed in the
 1630  same direction and was not convicted of a moving traffic
 1631  violation in connection with the accident;
 1632         (IV) Hit by a “hit-and-run” driver, if the accident was
 1633  reported to the proper authorities within 24 hours after
 1634  discovering the accident;
 1635         (V) Not convicted of a moving traffic violation in
 1636  connection with the accident, but the operator of the other
 1637  automobile involved in such accident was convicted of a moving
 1638  traffic violation;
 1639         (VI) Finally adjudicated not to be liable by a court of
 1640  competent jurisdiction;
 1641         (VII) In receipt of a traffic citation which was dismissed
 1642  or nolle prossed; or
 1643         (VIII) Not at fault as evidenced by a written statement
 1644  from the insured establishing facts demonstrating lack of fault
 1645  which are not rebutted by information in the insurer’s file from
 1646  which the insurer in good faith determines that the insured was
 1647  substantially at fault.
 1648         c. In addition to the other provisions of this
 1649  subparagraph, an insurer may not fail to renew a policy if the
 1650  insured has had only one accident in which he or she was at
 1651  fault within the current 3-year period. However, an insurer may
 1652  nonrenew a policy for reasons other than accidents in accordance
 1653  with s. 627.728. This subparagraph does not prohibit nonrenewal
 1654  of a policy under which the insured has had three or more
 1655  accidents, regardless of fault, during the most recent 3-year
 1656  period.
 1657         4. Imposing or requesting an additional premium for, or
 1658  refusing to renew, a policy for motor vehicle insurance solely
 1659  because the insured committed a noncriminal traffic infraction
 1660  as described in s. 318.14 unless the infraction is:
 1661         a. A second infraction committed within an 18-month period,
 1662  or a third or subsequent infraction committed within a 36-month
 1663  period.
 1664         b. A violation of s. 316.183, when such violation is a
 1665  result of exceeding the lawful speed limit by more than 15 miles
 1666  per hour.
 1667         5. Upon the request of the insured, the insurer and
 1668  licensed agent shall supply to the insured the complete proof of
 1669  fault or other criteria which justifies the additional charge or
 1670  cancellation.
 1671         6. No insurer shall impose or request an additional premium
 1672  for motor vehicle insurance, cancel or refuse to issue a policy,
 1673  or refuse to renew a policy because the insured or the applicant
 1674  is a handicapped or physically disabled person, so long as such
 1675  handicap or physical disability does not substantially impair
 1676  such person’s mechanically assisted driving ability.
 1677         7. No insurer may cancel or otherwise terminate any
 1678  insurance contract or coverage, or require execution of a
 1679  consent to rate endorsement, during the stated policy term for
 1680  the purpose of offering to issue, or issuing, a similar or
 1681  identical contract or coverage to the same insured with the same
 1682  exposure at a higher premium rate or continuing an existing
 1683  contract or coverage with the same exposure at an increased
 1684  premium.
 1685         8. No insurer may issue a nonrenewal notice on any
 1686  insurance contract or coverage, or require execution of a
 1687  consent to rate endorsement, for the purpose of offering to
 1688  issue, or issuing, a similar or identical contract or coverage
 1689  to the same insured at a higher premium rate or continuing an
 1690  existing contract or coverage at an increased premium without
 1691  meeting any applicable notice requirements.
 1692         9. No insurer shall, with respect to premiums charged for
 1693  motor vehicle insurance, unfairly discriminate solely on the
 1694  basis of age, sex, marital status, or scholastic achievement.
 1695         10. Imposing or requesting an additional premium for motor
 1696  vehicle comprehensive or uninsured motorist coverage solely
 1697  because the insured was involved in a motor vehicle accident or
 1698  was convicted of a moving traffic violation.
 1699         11. No insurer shall cancel or issue a nonrenewal notice on
 1700  any insurance policy or contract without complying with any
 1701  applicable cancellation or nonrenewal provision required under
 1702  the Florida Insurance Code.
 1703         12. No insurer shall impose or request an additional
 1704  premium, cancel a policy, or issue a nonrenewal notice on any
 1705  insurance policy or contract because of any traffic infraction
 1706  when adjudication has been withheld and no points have been
 1707  assessed pursuant to s. 318.14(9) and (10). However, this
 1708  subparagraph does not apply to traffic infractions involving
 1709  accidents in which the insurer has incurred a loss due to the
 1710  fault of the insured.
 1711         Section 33. Paragraph (a) of subsection (1) of section
 1712  626.989, Florida Statutes, is amended to read:
 1713         626.989 Investigation by department or Division of
 1714  Investigative and Forensic Services; compliance; immunity;
 1715  confidential information; reports to division; division
 1716  investigator’s power of arrest.—
 1717         (1) For the purposes of this section:
 1718         (a) A person commits a “fraudulent insurance act” if the
 1719  person:
 1720         1. Knowingly and with intent to defraud presents, causes to
 1721  be presented, or prepares with knowledge or belief that it will
 1722  be presented, to or by an insurer, self-insurer, self-insurance
 1723  fund, servicing corporation, purported insurer, broker, or any
 1724  agent thereof, any written statement as part of, or in support
 1725  of, an application for the issuance of, or the rating of, any
 1726  insurance policy, or a claim for payment or other benefit
 1727  pursuant to any insurance policy, which the person knows to
 1728  contain materially false information concerning any fact
 1729  material thereto or if the person conceals, for the purpose of
 1730  misleading another, information concerning any fact material
 1731  thereto.
 1732         2. Knowingly submits:
 1733         a. A false, misleading, or fraudulent application or other
 1734  document when applying for licensure as a health care clinic,
 1735  seeking an exemption from licensure as a health care clinic, or
 1736  demonstrating compliance with part X of chapter 400 with an
 1737  intent to use the license, exemption from licensure, or
 1738  demonstration of compliance to provide services or seek
 1739  reimbursement under a motor vehicle liability insurance policy’s
 1740  medical payments coverage the Florida Motor Vehicle No-Fault
 1741  Law.
 1742         b. A claim for payment or other benefit under medical
 1743  payments coverage pursuant to a personal injury protection
 1744  insurance policy under the Florida Motor Vehicle No-Fault Law if
 1745  the person knows that the payee knowingly submitted a false,
 1746  misleading, or fraudulent application or other document when
 1747  applying for licensure as a health care clinic, seeking an
 1748  exemption from licensure as a health care clinic, or
 1749  demonstrating compliance with part X of chapter 400.
 1750         Section 34. Subsection (1) of section 627.06501, Florida
 1751  Statutes, is amended to read:
 1752         627.06501 Insurance discounts for certain persons
 1753  completing driver improvement course.—
 1754         (1) Any rate, rating schedule, or rating manual for the
 1755  liability, medical payments personal injury protection, and
 1756  collision coverages of a motor vehicle insurance policy filed
 1757  with the office may provide for an appropriate reduction in
 1758  premium charges as to such coverages if when the principal
 1759  operator on the covered vehicle has successfully completed a
 1760  driver improvement course approved and certified by the
 1761  Department of Highway Safety and Motor Vehicles which is
 1762  effective in reducing crash or violation rates, or both, as
 1763  determined pursuant to s. 318.1451(5). Any discount, not to
 1764  exceed 10 percent, used by an insurer is presumed to be
 1765  appropriate unless credible data demonstrates otherwise.
 1766         Section 35. Subsection (1) of section 627.0652, Florida
 1767  Statutes, is amended to read:
 1768         627.0652 Insurance discounts for certain persons completing
 1769  safety course.—
 1770         (1) Any rates, rating schedules, or rating manuals for the
 1771  liability, medical payments personal injury protection, and
 1772  collision coverages of a motor vehicle insurance policy filed
 1773  with the office must shall provide for an appropriate reduction
 1774  in premium charges as to such coverages if when the principal
 1775  operator on the covered vehicle is an insured 55 years of age or
 1776  older who has successfully completed a motor vehicle accident
 1777  prevention course approved by the Department of Highway Safety
 1778  and Motor Vehicles. Any discount used by an insurer is presumed
 1779  to be appropriate unless credible data demonstrates otherwise.
 1780         Section 36. Subsections (1), (3), and (6) of section
 1781  627.0653, Florida Statutes, are amended to read:
 1782         627.0653 Insurance discounts for specified motor vehicle
 1783  equipment.—
 1784         (1) Any rates, rating schedules, or rating manuals for the
 1785  liability, medical payments personal injury protection, and
 1786  collision coverages of a motor vehicle insurance policy filed
 1787  with the office must shall provide a premium discount if the
 1788  insured vehicle is equipped with factory-installed, four-wheel
 1789  antilock brakes.
 1790         (3) Any rates, rating schedules, or rating manuals for
 1791  personal injury protection coverage and medical payments
 1792  coverage, if offered, of a motor vehicle insurance policy filed
 1793  with the office must shall provide a premium discount if the
 1794  insured vehicle is equipped with one or more air bags that which
 1795  are factory installed.
 1796         (6) The Office of Insurance Regulation may approve a
 1797  premium discount to any rates, rating schedules, or rating
 1798  manuals for the liability, medical payments personal injury
 1799  protection, and collision coverages of a motor vehicle insurance
 1800  policy filed with the office if the insured vehicle is equipped
 1801  with autonomous driving technology or electronic vehicle
 1802  collision avoidance technology that is factory installed or a
 1803  retrofitted system and that complies with National Highway
 1804  Traffic Safety Administration standards.
 1805         Section 37. Section 627.4132, Florida Statutes, is amended
 1806  to read:
 1807         627.4132 Stacking of coverages prohibited.—If an insured or
 1808  named insured is protected by any type of motor vehicle
 1809  insurance policy for bodily injury and property damage
 1810  liability, personal injury protection, or other coverage, the
 1811  policy must shall provide that the insured or named insured is
 1812  protected only to the extent of the coverage she or he has on
 1813  the vehicle involved in the accident. However, if none of the
 1814  insured’s or named insured’s vehicles are is involved in the
 1815  accident, coverage is available only to the extent of coverage
 1816  on any one of the vehicles with applicable coverage. Coverage on
 1817  any other vehicles may shall not be added to or stacked upon
 1818  that coverage. This section does not apply:
 1819         (1) To uninsured motorist coverage that which is separately
 1820  governed by s. 627.727.
 1821         (2) To reduce the coverage available by reason of insurance
 1822  policies insuring different named insureds.
 1823         Section 38. Section 627.7263, Florida Statutes, is amended
 1824  to read:
 1825         627.7263 Rental and leasing driver’s insurance to be
 1826  primary; exception.—
 1827         (1) The valid and collectible liability insurance and
 1828  medical payments coverage or personal injury protection
 1829  insurance providing coverage for the lessor of a motor vehicle
 1830  for rent or lease is primary unless otherwise stated in at least
 1831  10-point type on the face of the rental or lease agreement. Such
 1832  insurance is primary for the limits of liability and personal
 1833  injury protection coverage as required by s. 324.021(7) and
 1834  medical payments coverage as required under s. 627.7265 ss.
 1835  324.021(7) and 627.736.
 1836         (2) If the lessee’s coverage is to be primary, the rental
 1837  or lease agreement must contain the following language, in at
 1838  least 10-point type:
 1839  
 1840         “The valid and collectible liability insurance and
 1841         medical payments coverage personal injury protection
 1842         insurance of an any authorized rental or leasing
 1843         driver is primary for the limits of liability and
 1844         personal injury protection coverage and medical
 1845         payments coverage required under ss. 324.021(7) and
 1846         627.7265 by ss. 324.021(7) and 627.736, Florida
 1847         Statutes.”
 1848         Section 39. Section 627.7265, Florida Statutes, is created
 1849  to read:
 1850         627.7265Motor vehicle insurance; medical payments
 1851  coverage.—
 1852         (1)DEFINITIONS.—As used in this section, the term:
 1853         (a) “Broker” means a person who does not possess a license
 1854  under chapter 395, chapter 400, chapter 429, chapter 458,
 1855  chapter 459, chapter 460, chapter 461, or chapter 641; who
 1856  charges or receives compensation for any use of medical
 1857  equipment; and who is not the 100 percent owner or the 100
 1858  percent lessee of such equipment. For purposes of this section,
 1859  such owner or lessee may be an individual, a corporation, a
 1860  partnership, or any other entity and any of its 100-percent
 1861  owned affiliates and subsidiaries. As used in this subsection,
 1862  the term “lessee” means a long-term lessee under a capital or
 1863  operating lease, but does not include a part-time lessee. The
 1864  term “broker” does not include a hospital or physician
 1865  management company whose medical equipment is ancillary to the
 1866  practices managed; a debt collection agency; an entity that has
 1867  contracted with the insurer to obtain a discounted rate for such
 1868  services; a management company that has contracted to provide
 1869  general management services for a licensed physician or health
 1870  care facility and whose compensation is not materially affected
 1871  by the usage or frequency of usage of medical equipment; or an
 1872  entity that is 100-percent-owned by one or more hospitals or
 1873  physicians. The term “broker” does not include a person or
 1874  entity that certifies, upon request of an insurer, that:
 1875         1. It is a clinic licensed under ss. 400.990-400.995;
 1876         2. It is a 100-percent-owner of medical equipment; and
 1877         3. The owner’s only part-time lease of medical equipment
 1878  for medical payments coverage patients is on a temporary basis
 1879  not to exceed 30 days in a 12-month period, and such lease is
 1880  solely for the purposes of necessary repair or maintenance of
 1881  the 100-percent-owned medical equipment or pending the arrival
 1882  and installation of the newly purchased or a replacement for the
 1883  100-percent-owned medical equipment, or for patients for whom,
 1884  because of physical size or claustrophobia, it is determined by
 1885  the medical director or clinical director to be medically
 1886  necessary that the test be performed in medical equipment that
 1887  is open-style. The leased medical equipment cannot be used by
 1888  patients who are not patients of the registered clinic for
 1889  medical treatment services. Any person or entity making a false
 1890  certification under this subsection commits insurance fraud as
 1891  described in s. 817.234. However, the 30-day period provided in
 1892  this subparagraph may be extended for an additional 60 days as
 1893  applicable to magnetic resonance imaging equipment, if the owner
 1894  certifies that the extension otherwise complies with this
 1895  subparagraph.
 1896         (b) “Entity wholly owned” means a proprietorship, group
 1897  practice, partnership, or corporation that provides health care
 1898  services rendered by licensed health care practitioners and in
 1899  which licensed health care practitioners are the business owners
 1900  of all aspects of the business entity, including, but not
 1901  limited to, being reflected as the business owners on the title
 1902  or lease of the physical facility, filing taxes as the business
 1903  owners, being account holders on the entity’s bank account,
 1904  being listed as the principals on all incorporation documents
 1905  required by this state, and having ultimate authority over all
 1906  personnel and compensation decisions relating to the entity.
 1907  However, this term does not include an entity that is wholly
 1908  owned, directly or indirectly, by a hospital licensed under
 1909  chapter 395.
 1910         (c) “Hospital” means a facility that, at the time medical
 1911  care was rendered, was licensed under chapter 395.
 1912         (d) “Incident,” with respect to services considered as
 1913  incident to a physician’s professional service for a physician
 1914  licensed under chapter 458, chapter 459, chapter 460, or chapter
 1915  461, if not furnished in a hospital, means such services must be
 1916  an integral, even if incidental, part of a covered physician’s
 1917  service.
 1918         (e) “Knowingly” means a person has actual knowledge of
 1919  information, acts in deliberate ignorance of the truth or
 1920  falsity of the information, or acts in reckless disregard of the
 1921  information. Proof of specific intent to defraud is not
 1922  required.
 1923         (f) “Lawful” or “lawfully” means in substantial compliance
 1924  with all relevant applicable criminal, civil, and administrative
 1925  requirements of state and federal law related to the provision
 1926  of medical care.
 1927         (g) “Medical care” means any medical service, medical
 1928  treatment, medical supply, medical transportation, prescription
 1929  drug, or emergency services and care as defined in s.
 1930  395.002(9).
 1931         (h) “Medically necessary” means medical care that a prudent
 1932  physician or other qualified health care professional would
 1933  provide for the purpose of preventing, diagnosing, or treating
 1934  an illness, injury, disease, or symptom in a manner that is:
 1935         1. In accordance with generally accepted standards of
 1936  medical practice;
 1937         2. Clinically appropriate in terms of type, frequency,
 1938  extent, site, and duration; and
 1939         3. Not primarily for the convenience of the patient,
 1940  physician, or other health care provider.
 1941         (i) “Motor vehicle” means a self-propelled vehicle with
 1942  four or more wheels which is designed and required to be
 1943  licensed for use on the highways of this state, and any trailer
 1944  or semitrailer designed for use with such vehicle. The term does
 1945  not include:
 1946         1. A mobile home; or
 1947         2. A motor vehicle that is used in mass transit, other than
 1948  public school transportation; that is designed to transport more
 1949  than five passengers exclusive of the operator of the motor
 1950  vehicle; and that is owned by a municipality, a transit
 1951  authority, or a political subdivision of the state.
 1952         (j) “Named insured” means a person identified in a policy
 1953  by name as an insured under the policy.
 1954         (k) “Newly acquired vehicle” means a motor vehicle owned by
 1955  a named insured or resident relative of the named insured which
 1956  was acquired 30 or less days before an accident.
 1957         (l) “Properly completed” means providing truthful,
 1958  substantially complete, and substantially accurate responses as
 1959  to all material elements to each applicable request for
 1960  information or for a statement, by a means that may lawfully be
 1961  provided and that complies with this section or as agreed by the
 1962  parties.
 1963         (m) “Resident relative” means a person related to a named
 1964  insured by any degree by blood, marriage, or adoption, including
 1965  a ward or foster child, who usually makes his or her home in the
 1966  same family unit as the named insured, regardless of whether the
 1967  resident relative temporarily lives elsewhere.
 1968         (n) “Temporary substitute vehicle” means a motor vehicle as
 1969  defined in s. 320.01(1) which is not owned by the named insured
 1970  and which is temporarily used with the permission of the owner
 1971  as a substitute for the owned motor vehicle designated on the
 1972  policy when the owned vehicle is withdrawn from normal use
 1973  because of breakdown, repair, servicing, loss, or destruction.
 1974         (o) “Unbundled” means an action to submit a billing code
 1975  that is properly billed under one billing code, but that has
 1976  been separated into two or more billing codes, which would
 1977  result in payment greater in amount than would be paid using one
 1978  billing code.
 1979         (p)“Upcoded” means an action to submit a billing code that
 1980  would result in payment greater in amount than would be paid
 1981  using a billing code that accurately describes the services
 1982  performed. The term does not include an otherwise lawful bill by
 1983  a magnetic resonance imaging facility, which globally combines
 1984  both technical and professional components, if the amount of the
 1985  global bill is not more than for the components if billed
 1986  separately; however, payment of such a bill constitutes payment
 1987  in full for all components of such service.
 1988         (2) REQUIRED SECURITY.—
 1989         (a) A motor vehicle liability insurance policy that is
 1990  furnished as proof of financial responsibility pursuant to s.
 1991  324.031 must include medical payments coverage as provided in
 1992  this section. The medical payments coverage must protect the
 1993  named insured, resident relatives, persons operating the insured
 1994  motor vehicle, passengers in the insured motor vehicle, and
 1995  other persons who are struck by the insured motor vehicle and
 1996  suffer bodily injury while not an occupant of a self-propelled
 1997  motor vehicle, to a limit of at least $5,000 per person for
 1998  medical expense incurred due to bodily injury, sickness, or
 1999  disease arising out of the ownership, maintenance, or use of a
 2000  motor vehicle.
 2001         (b) An insurer may not offer medical payments coverage with
 2002  a deductible to an applicant or policyholder.
 2003         (c) This section may not be construed to limit any other
 2004  coverage made available by an insurer.
 2005         (3) AUTHORIZED EXCLUSIONS.—Notwithstanding any other
 2006  requirement in this section, an insurer may exclude medical
 2007  payment benefits:
 2008         (a) For injury sustained by the named insured or a resident
 2009  relative while occupying another motor vehicle owned by the
 2010  named insured and not insured under the policy, unless such
 2011  vehicle qualifies as a newly acquired vehicle or temporary
 2012  substitute vehicle.
 2013         (b) For injury sustained by any person operating the
 2014  insured motor vehicle without the express or implied consent of
 2015  the insured.
 2016         (c) For any person who intentionally causes injury to
 2017  himself or herself.
 2018         (d) For any person injured while committing a felony.
 2019         (4) REQUIRED BENEFITS.—
 2020         (a)Medical payments coverage must provide reimbursement of
 2021  medically necessary medical, surgical, X-ray, dental, and
 2022  rehabilitative services, including prosthetic devices and
 2023  ambulance, hospital, and nursing services, if the individual
 2024  receives initial services and care pursuant to subparagraph 1.
 2025  within 14 days after the motor vehicle accident. Medical
 2026  payments coverage provides reimbursement only for:
 2027         1. Initial services and care that are lawfully provided,
 2028  supervised, ordered, or prescribed by a physician licensed under
 2029  chapter 458 or chapter 459, a dentist licensed under chapter
 2030  466, or a chiropractic physician licensed under chapter 460; or
 2031  that are provided in a hospital or in a facility that owns, or
 2032  is wholly owned by, a hospital. Initial services and care may
 2033  also be provided by a person or entity licensed under part III
 2034  of chapter 401 which provides emergency transportation and
 2035  treatment.
 2036         2. Upon referral by a provider described in subparagraph
 2037  1., followup services and care consistent with the underlying
 2038  medical diagnosis rendered pursuant to subparagraph 1. which may
 2039  be provided, supervised, ordered, or prescribed only by a
 2040  physician licensed under chapter 458 or chapter 459; a
 2041  chiropractic physician licensed under chapter 460; a dentist
 2042  licensed under chapter 466; or, to the extent permitted by
 2043  applicable law and under the supervision of such physician,
 2044  osteopathic physician, chiropractic physician, or dentist, by a
 2045  physician assistant licensed under chapter 458 or chapter 459 or
 2046  an advanced registered nurse practitioner licensed under chapter
 2047  464. Followup services and care may also be provided by the
 2048  following persons or entities:
 2049         a. A hospital or ambulatory surgical center licensed under
 2050  chapter 395.
 2051         b. An entity wholly owned by one or more physicians
 2052  licensed under chapter 458 or chapter 459, chiropractic
 2053  physicians licensed under chapter 460, or dentists licensed
 2054  under chapter 466, or by such practitioners and the spouse,
 2055  parent, child, or sibling of such practitioners.
 2056         c. An entity that owns or is wholly owned, directly or
 2057  indirectly, by a hospital or hospitals.
 2058         d. A physical therapist licensed under chapter 486, based
 2059  upon a referral by a provider described in this subparagraph.
 2060         e. A health care clinic licensed under part X of chapter
 2061  400 which is accredited by an accrediting organization whose
 2062  standards incorporate comparable regulations required by this
 2063  state, or which:
 2064         (I) Has a medical director licensed under chapter 458,
 2065  chapter 459, or chapter 460;
 2066         (II) Has been continuously licensed for more than 3 years
 2067  or is a publicly traded corporation that issues securities
 2068  traded on an exchange registered with the United States
 2069  Securities and Exchange Commission as a national securities
 2070  exchange; and
 2071         (III) Provides at least four of the following medical
 2072  specialties:
 2073         (A) General medicine.
 2074         (B) Radiography.
 2075         (C) Orthopedic medicine.
 2076         (D) Physical medicine.
 2077         (E) Physical therapy.
 2078         (F) Physical rehabilitation.
 2079         (G) Prescribing or dispensing outpatient prescription
 2080  medication.
 2081         (H) Laboratory services.
 2082         (b) Medical benefits do not include massage as defined in
 2083  s. 480.033 or acupuncture as defined in s. 457.102, regardless
 2084  of the person, entity, or licensee providing massage or
 2085  acupuncture, and a licensed massage therapist or licensed
 2086  acupuncturist may not be reimbursed for medical benefits under
 2087  this section.
 2088         (c) The commission shall adopt by rule the form that must
 2089  be used by an insurer and a health care provider specified in
 2090  sub-subparagraph (a)2.b., sub-subparagraph (a)2.c., or sub
 2091  subparagraph (a)2.e. to document that the health care provider
 2092  meets the criteria of this subsection. Such rule must include a
 2093  requirement for a sworn statement or affidavit.
 2094         (5) PAYMENT OF BENEFITS.—
 2095         (a) Benefits due from an insurer under medical payments
 2096  coverage are primary to any health insurance benefit of a person
 2097  injured in a motor vehicle accident and apply to any coinsurance
 2098  or deductible amount required by the injured person’s health
 2099  insurance policy, except that:
 2100         1. Benefits received under any workers’ compensation law
 2101  must be credited against medical payments coverage benefits and
 2102  must be due and payable as loss accrues.
 2103         2. When the Agency for Health Care Administration provides,
 2104  pays, or becomes liable for medical assistance under the
 2105  Medicaid program related to injury, sickness, disease, or death
 2106  arising out of the ownership, maintenance, or use of a motor
 2107  vehicle, medical payments benefits are subject to the provisions
 2108  of the Medicaid program, and, within 30 days after receiving
 2109  notice that the Medicaid program paid such benefits, the insurer
 2110  must repay the full amount of the benefits to the Medicaid
 2111  program.
 2112         (b) Medical payments coverage benefits payable under this
 2113  section are overdue if they are not paid within 30 days after
 2114  the insurer is furnished with written notice of the fact and the
 2115  amount of a covered loss. However:
 2116         1. If written notice of the entire claim is not furnished
 2117  to the insurer, any partial amount supported by written notice
 2118  is overdue if it is not paid within 30 days after the notice is
 2119  furnished to the insurer. The remainder of the claim, or any
 2120  part thereof, which is subsequently supported by written notice
 2121  is overdue if not paid within 30 days after the notice is
 2122  furnished to the insurer.
 2123         2. If an insurer pays only a portion of a claim or rejects
 2124  a claim, the insurer must provide at the time of the partial
 2125  payment or rejection an itemized specification of each item that
 2126  the insurer had reduced, omitted, or declined to pay and any
 2127  information that the insurer desires the claimant to consider
 2128  related to the medical necessity of the denied treatment or any
 2129  information that explains the reasonableness of the reduced
 2130  charge if this does not limit the introduction of evidence at
 2131  trial. The insurer shall also include the name and address of
 2132  the person to whom the claimant should respond and a claim
 2133  number to be referenced in future correspondence.
 2134         3. If an insurer pays only a portion of a claim or rejects
 2135  a claim due to an alleged error in the claim, the insurer, at
 2136  the time of the partial payment or rejection, must provide an
 2137  itemized specification or explanation of benefits not paid or
 2138  rejected due to the specified error. Upon receiving the
 2139  specification or explanation, the claimant, at his or her option
 2140  and without waiving any other legal remedy for payment, has 15
 2141  days to submit a revised claim. The submission of a revised
 2142  claim is considered a timely submission of written notice of a
 2143  claim.
 2144         4. Notwithstanding the fact that written notice has been
 2145  furnished to the insurer, payment is not overdue if the insurer
 2146  has reasonable proof that the insurer is not responsible for the
 2147  payment.
 2148         5. For the purpose of calculating the extent to which
 2149  benefits are overdue, payment is treated as being made on the
 2150  date that a draft, or other valid instrument that is equivalent
 2151  to payment, was placed in the United States mail in a properly
 2152  addressed, postpaid envelope or, if not so posted, on the date
 2153  of delivery.
 2154         6. This paragraph does not preclude or limit the ability of
 2155  the insurer to assert that the claim was unrelated, was not
 2156  medically necessary, or was unreasonable or that the amount of
 2157  the charge was in excess of that permitted under, or is in
 2158  violation of, subsection (6). Such assertion may be made at any
 2159  time, including after payment of the claim or after the 30-day
 2160  period for payment specified in this paragraph.
 2161         (c) All overdue payments bear simple interest at the rate
 2162  established under s. 55.03 or the rate established in the
 2163  insurance contract, whichever is greater, for the quarter in
 2164  which the payment became overdue, calculated from the date the
 2165  insurer was furnished with written notice of the amount of
 2166  covered loss. Interest is due at the time payment of the overdue
 2167  claim is made.
 2168         (d) It is a violation of the Florida Insurance Code for an
 2169  insurer to fail to timely provide benefits as required by this
 2170  section with such frequency as to constitute a general business
 2171  practice.
 2172         (e) If two or more insurers are liable for paying medical
 2173  payments coverage benefits for the same injury to any one
 2174  person, the maximum payable benefits are as specified in
 2175  subsection (2), and the insurer paying the benefits is entitled
 2176  to recover from each of the other insurers an equitable pro rata
 2177  share of the benefits paid and expenses incurred in processing
 2178  the claim.
 2179         (f) Benefits are not due or payable to or on behalf of an
 2180  insured person if that person has committed, by a material act
 2181  or omission, insurance fraud relating to medical payments
 2182  coverage under his or her policy and if the fraud is admitted to
 2183  in a sworn statement by the insured or established in a court of
 2184  competent jurisdiction. Any insurance fraud voids all coverage
 2185  arising from the claim related to such fraud under the medical
 2186  payments coverage of the insured person who committed the fraud,
 2187  regardless of whether a portion of the insured person’s claim
 2188  may be legitimate, and any benefits paid before the discovery of
 2189  the fraud are recoverable by the insurer in their entirety from
 2190  the person who committed the insurance fraud. The prevailing
 2191  party is entitled to its costs and attorney fees in any action
 2192  to enforce the insurer’s right of recovery under this paragraph.
 2193         (g) If an insurer has a reasonable belief that a fraudulent
 2194  insurance act, for the purposes of s. 626.989 or s. 817.234, has
 2195  been committed, the insurer must notify the claimant in writing
 2196  within 30 days after submission of the claim that the claim is
 2197  being investigated for suspected fraud. Beginning at the end of
 2198  the initial 30-day period, the insurer has an additional 60 days
 2199  to conduct its fraud investigation. No later than 90 days after
 2200  the submission of the claim, the insurer must deny the claim or
 2201  pay the claim with simple interest as provided in paragraph (c).
 2202  Interest is assessed from the day the claim is submitted until
 2203  the day the claim is paid. All claims denied for suspected
 2204  fraudulent insurance acts must be reported to the Division of
 2205  Investigative and Forensic Services.
 2206         (h) An insurer shall create and maintain for each insured a
 2207  log of medical payments benefits paid by the insurer on behalf
 2208  of the insured. The insurer shall provide to the insured a copy
 2209  of the log within 30 days after receiving a request for the log
 2210  from the insured.
 2211         (i) Upon receiving notice of an accident that is
 2212  potentially covered by medical payments benefits, the insurer
 2213  must reserve $2,500 of medical payments benefits for payment to
 2214  physicians licensed under chapter 458 or chapter 459 or dentists
 2215  licensed under chapter 466 who provide emergency services and
 2216  care, as defined in s. 395.002, or who provide hospital
 2217  inpatient care. The amount required to be held in reserve may be
 2218  used only to pay claims from such physicians or dentists until
 2219  30 days after the date the insurer receives notice of the
 2220  accident. After the 30-day period, any amount of the reserve for
 2221  which the insurer has not received notice of such claims may be
 2222  used by the insurer to pay other claims. The timeframes
 2223  specified in paragraph (b) for payment of medical payments
 2224  benefits are tolled for the period of time an insurer must hold
 2225  payment of a claim that is not from such physician or dentist to
 2226  the extent that the medical payments benefits not held in
 2227  reserve are insufficient to pay the claim. This paragraph does
 2228  not require an insurer to establish a claim reserve for
 2229  insurance accounting purposes.
 2230         (6) CHARGES FOR CARE OF INJURED PERSONS.—
 2231         (a) A physician, hospital, clinic, or other person or
 2232  institution lawfully providing medical care to an injured person
 2233  for a bodily injury covered by medical payments coverage may
 2234  charge the insurer and injured party only a reasonable amount
 2235  pursuant to this section for the medical care provided, and the
 2236  insurer providing such coverage may pay such charges directly to
 2237  the person or institution lawfully providing such medical care
 2238  if the insured receiving the care, or his or her guardian, has
 2239  countersigned the properly completed invoice, bill, or claim
 2240  form approved by the office upon which the charges are to be
 2241  paid for as having actually been provided, to the best knowledge
 2242  of the insured or his or her guardian. However, such charges may
 2243  not exceed the amount the person or institution customarily
 2244  charges for like medical care. In determining whether a charge
 2245  for a particular service, treatment, supply, or prescription is
 2246  reasonable, consideration may be given to evidence of usual and
 2247  customary charges and payments accepted by the provider involved
 2248  in the dispute; reimbursement levels in the community and
 2249  various federal and state medical fee schedules applicable to
 2250  motor vehicle and other insurance coverages; and other
 2251  information relevant to the reasonableness of the reimbursement
 2252  for the service, treatment, supply, or prescription.
 2253         1. The insurer may limit reimbursement to the following
 2254  schedule of maximum charges:
 2255         a. For emergency transport and treatment by providers
 2256  licensed under chapter 401, 200 percent of Medicare.
 2257         b. For emergency services and care provided by a hospital
 2258  licensed under chapter 395, 75 percent of the hospital’s usual
 2259  and customary charges.
 2260         c. For emergency services and care, as defined in s.
 2261  395.002, provided in a facility licensed under chapter 395 and
 2262  rendered by a physician or dentist, and related hospital
 2263  inpatient services rendered by a physician or dentist, the usual
 2264  and customary charges in the community.
 2265         d. For hospital inpatient services other than emergency
 2266  services and care, 200 percent of the Medicare Part A
 2267  prospective payment applicable to the specific hospital
 2268  providing the inpatient services.
 2269         e. For hospital outpatient services other than emergency
 2270  services and care, 200 percent of the Medicare Part A Ambulatory
 2271  Payment Classification for the specific hospital providing the
 2272  outpatient services.
 2273         f. For all other medical services, supplies, and care, 200
 2274  percent of the allowable amount under:
 2275         (I) The participating physician’s fee schedule of Medicare
 2276  Part B, except as provided in sub-sub-subparagraphs (II) and
 2277  (III).
 2278         (II) Medicare Part B, in the case of services, supplies,
 2279  and care provided by ambulatory surgical centers and clinical
 2280  laboratories.
 2281         (III) The Durable Medical Equipment Prosthetics/Orthotics
 2282  and Supplies fee schedule of Medicare Part B, in the case of
 2283  durable medical equipment.
 2284  
 2285  However, if such services, supplies, or care is not reimbursable
 2286  under Medicare Part B as provided in this sub-subparagraph, the
 2287  insurer may limit reimbursement to 80 percent of the maximum
 2288  reimbursable allowance under workers’ compensation. Services,
 2289  supplies, or care that is not reimbursable under Medicare or
 2290  workers’ compensation is not required to be reimbursed by the
 2291  insurer.
 2292         2. For purposes of subparagraph 1., the applicable fee
 2293  schedule or payment limitation under Medicare is the fee
 2294  schedule or payment limitation in effect on March 1 of the
 2295  service year in which the services, supplies, or care is
 2296  rendered and for the area in which the services, supplies, or
 2297  care is rendered. The applicable fee schedule or payment
 2298  limitation applies to services, supplies, or care rendered
 2299  during that service year notwithstanding any subsequent change
 2300  made to the fee schedule or payment limitation; however, it may
 2301  not be less than the allowable amount under the applicable
 2302  schedule of Medicare Part B for 2007 for medical services,
 2303  supplies, and care subject to Medicare Part B. For purposes of
 2304  this subparagraph, the term “service year” means the period from
 2305  March 1 through the end of February of the following year.
 2306         3. For purposes of subparagraph 1., the applicable fee
 2307  schedule or payment limitation under workers’ compensation is
 2308  determined under s. 440.13 and rules adopted thereunder which
 2309  are in effect at the time such services, supplies, or care is
 2310  provided.
 2311         4. Subparagraph 1. does not authorize the insurer to apply
 2312  any limitation on the number of treatments or other utilization
 2313  limits that apply under Medicare or workers’ compensation. An
 2314  insurer that applies the allowable payment limitations of
 2315  subparagraph 1. must reimburse a provider who lawfully provided
 2316  medical care under the scope of his or her license, regardless
 2317  of whether the provider is entitled to reimbursement under
 2318  Medicare or workers’ compensation due to restrictions or
 2319  limitations on the types or discipline of health care providers
 2320  who may be reimbursed for particular procedures or procedure
 2321  codes. However, subparagraph 1. does not prohibit an insurer
 2322  from using the Medicare coding policies and payment
 2323  methodologies of the federal Centers for Medicare and Medicaid
 2324  Services, including applicable modifiers, to determine the
 2325  appropriate amount of reimbursement for medical services,
 2326  supplies, or care, if the coding policy or payment methodology
 2327  does not constitute a utilization limit.
 2328         5. If an insurer limits payment as authorized by
 2329  subparagraph 1., the person providing such medical care may not
 2330  bill or attempt to collect from the insured any amount in excess
 2331  of such limits, except for amounts that are not covered by the
 2332  insured’s medical payments benefits due to the maximum policy
 2333  limits.
 2334         6. An insurer may limit payment as authorized by this
 2335  paragraph only if the insurance policy includes a notice at the
 2336  time of issuance or renewal that the insurer may limit payment
 2337  pursuant to the schedule of charges specified in this paragraph.
 2338  A policy form approved by the office satisfies this requirement.
 2339  If a provider submits a charge for an amount less than the
 2340  amount allowed under subparagraph 1., the insurer may pay the
 2341  amount of the charge submitted.
 2342         (b)1. An insurer or insured is not required to pay a claim
 2343  or charges:
 2344         a. Made by a broker or by a person making a claim on behalf
 2345  of a broker;
 2346         b. For any service or treatment that was not lawful at the
 2347  time rendered;
 2348         c. To any person who knowingly submits a false or
 2349  misleading statement relating to the claim or charges;
 2350         d. With respect to a bill or statement that does not
 2351  substantially meet the applicable requirements of paragraph (d);
 2352         e. For medical care billed by a physician and not provided
 2353  in a hospital unless the care is rendered by the physician or is
 2354  incident to his or her professional services and is included on
 2355  the physician’s bill, including documentation verifying that the
 2356  physician is responsible for the medical care that was rendered
 2357  and billed; or
 2358         f. For any treatment or service that is upcoded or that is
 2359  unbundled when the treatment or services should be bundled. To
 2360  facilitate prompt payment of lawful services, an insurer may
 2361  change codes that it determines have been improperly or
 2362  incorrectly upcoded or unbundled and may make payment based on
 2363  the changed codes, without affecting the right of the provider
 2364  to dispute the change by the insurer, if, before doing so, the
 2365  insurer contacts the health care provider and discusses the
 2366  reasons for the insurer’s change and the health care provider’s
 2367  reason for the coding, or makes a reasonable good faith effort
 2368  to do so, as documented in the insurer’s file.
 2369         2. The Department of Health, in consultation with the
 2370  appropriate professional licensing boards, shall adopt by rule a
 2371  list of diagnostic tests deemed not to be medically necessary
 2372  for use in the treatment of persons sustaining bodily injury
 2373  covered by medical payments benefits under this section. The
 2374  list must be revised from time to time as determined by the
 2375  Department of Health in consultation with the respective
 2376  professional licensing boards. Inclusion of a test on the list
 2377  must be based on a lack of demonstrated medical value and a
 2378  level of general acceptance by the relevant provider community
 2379  and may not be dependent on results based entirely upon
 2380  subjective patient response. Notwithstanding its inclusion on a
 2381  fee schedule in this subsection, an insurer or insured is not
 2382  required to pay any charges or reimburse claims for an invalid
 2383  diagnostic test as determined by the Department of Health.
 2384         (c) With respect to any medical care other than medical
 2385  services billed by a hospital or other provider for emergency
 2386  services and care, as defined in s. 395.002, or inpatient
 2387  services rendered at a hospital-owned facility, the statement of
 2388  charges must be furnished to the insurer by the provider. The
 2389  statement may not include, and the insurer is not required to
 2390  pay, charges for treatment or services rendered more than 35
 2391  days before the postmark date or electronic transmission date of
 2392  the statement, except for past due amounts previously billed on
 2393  a timely basis under this paragraph and except that, if the
 2394  provider submits to the insurer a notice of initiation of
 2395  treatment within 21 days after its first examination or
 2396  treatment of the claimant, the statement may include charges for
 2397  treatment or services rendered up to, but not more than, 75 days
 2398  before the postmark date of the statement. The injured party is
 2399  not liable for, and the provider may not bill the injured party
 2400  for, charges that are unpaid because of the provider’s failure
 2401  to comply with this paragraph. Any agreement requiring the
 2402  injured party or insured to pay such charges is unenforceable.
 2403         1. If the insured fails to furnish the provider with the
 2404  correct name and address of the insured’s medical payments
 2405  coverage insurer, the provider has 35 days from the date the
 2406  provider obtains the correct information to furnish the insurer
 2407  with a statement of the charges. The insurer is not required to
 2408  pay such charges unless the provider includes with the statement
 2409  documentary evidence that was provided by the insured during the
 2410  35-day period demonstrating that the provider reasonably relied
 2411  on erroneous information from the insured, and either:
 2412         a. A denial letter from the incorrect insurer; or
 2413         b. Proof of mailing, which may include an affidavit under
 2414  penalty of perjury, reflecting timely mailing to the incorrect
 2415  address or insurer.
 2416         2. For emergency services and care rendered in a hospital
 2417  emergency department or for transport and treatment rendered by
 2418  an ambulance provider licensed pursuant to part III of chapter
 2419  401, the provider is not required to furnish the statement of
 2420  charges within the timeframes established by this paragraph, and
 2421  the insurer is not deemed to have been furnished with notice of
 2422  the amount of covered loss for purposes of paragraph (5)(b)
 2423  until it receives a statement, or a copy thereof, complying with
 2424  paragraph (d) which specifically identifies the place of service
 2425  to be a hospital emergency department or an ambulance in
 2426  accordance with billing standards recognized by the federal
 2427  Centers for Medicare and Medicaid Services.
 2428         (d) All statements and bills for medical services rendered
 2429  by a physician, hospital, clinic, or other person or institution
 2430  must be submitted to the insurer on a properly completed Centers
 2431  for Medicare and Medicaid Services Form CMS-1500, a UB-92 form,
 2432  or any other standard form approved by the office and adopted by
 2433  the commission for purposes of this paragraph. All billings for
 2434  such services rendered by providers must, to the extent
 2435  applicable, comply with the Form CMS-1500 instructions, the
 2436  codes established by the American Medical Association’s Current
 2437  Procedural Terminology Editorial Panel, and the Healthcare
 2438  Common Procedure Coding System (HCPCS) and must follow the
 2439  Physicians’ Current Procedural Terminology (CPT), the HCPCS in
 2440  effect for the year in which services are rendered, and the
 2441  International Classification of Diseases adopted by the United
 2442  States Department of Health and Human Services in effect for the
 2443  year in which services are rendered. All providers, other than
 2444  hospitals, must include on the applicable claim form the
 2445  professional license number of the provider in the line or space
 2446  provided for “Signature of Physician or Supplier, Including
 2447  Degrees or Credentials.” The guidance for determining compliance
 2448  with applicable CPT and HCPCS coding must be provided by the CPT
 2449  or the HCPCS in effect for the year in which services were
 2450  rendered, the Office of the Inspector General, Physicians
 2451  Compliance Guidelines, and other authoritative treatises
 2452  designated by rule by the Agency for Health Care Administration.
 2453  A statement of medical services may not include charges for
 2454  medical services of a person or entity that performed such
 2455  services without possessing the valid licenses required to
 2456  perform such services. For purposes of paragraph (5)(b), an
 2457  insurer is not considered to have been furnished with notice of
 2458  the amount of covered loss or medical bills due unless the
 2459  statements or bills comply with this paragraph and are properly
 2460  completed in their entirety as to all material provisions, with
 2461  all relevant information being provided therein.
 2462         (e)1. At the initial treatment or service provided, each
 2463  physician, other licensed professional, clinic, or other medical
 2464  institution providing medical services upon which a claim for
 2465  medical payments coverage benefits is based shall require the
 2466  insured or his or her guardian to execute a disclosure and
 2467  acknowledgment form that reflects at a minimum that:
 2468         a. The insured, or his or her guardian, must countersign
 2469  the form, attesting to the fact that the services set forth
 2470  therein were actually rendered;
 2471         b. The insured, or his or her guardian, has both the right
 2472  and affirmative duty to confirm that the services were actually
 2473  rendered;
 2474         c.The insured, or his or her guardian, was not solicited
 2475  by any person to seek any services from the medical provider;
 2476         d. The physician, other licensed professional, clinic, or
 2477  other medical institution rendering services for which payment
 2478  is being claimed explained the services to the insured or to his
 2479  or her guardian; and
 2480         e. If the insured notifies the insurer in writing of a
 2481  billing error, the insured may be entitled to a certain
 2482  percentage of a reduction in the amounts paid by the insured’s
 2483  motor vehicle insurer.
 2484         2. The physician, other licensed professional, clinic, or
 2485  other medical institution rendering services for which payment
 2486  is being claimed has the affirmative duty to explain to the
 2487  insured or to his or her guardian the services rendered, so that
 2488  the insured or his or her guardian countersigns the form with
 2489  informed consent.
 2490         3. A countersignature by the insured or his or her guardian
 2491  is not required for the reading of diagnostic tests or other
 2492  services that are of such a nature that they are not required to
 2493  be performed in the presence of the insured.
 2494         4. The licensed medical professional rendering treatment
 2495  for which payment is being claimed shall sign, by his or her own
 2496  hand, the form complying with this paragraph.
 2497         5. The original completed disclosure and acknowledgment
 2498  form must be furnished to the insurer pursuant to paragraph
 2499  (5)(b) and may not be electronically furnished.
 2500         6. The disclosure and acknowledgment form is not required
 2501  for emergency services and care, as defined in s. 395.002, which
 2502  are billed by a provider and which are rendered in a hospital
 2503  emergency department, or for transport and treatment rendered by
 2504  an ambulance provider licensed pursuant to part III of chapter
 2505  401.
 2506         7. The commission shall adopt by rule a standard disclosure
 2507  and acknowledgment form to be used to fulfill the requirements
 2508  of this paragraph.
 2509         8. As used in this paragraph, the terms “countersign” and
 2510  “countersignature” mean a second or verifying signature, as on a
 2511  previously signed document. The statement “signature on file” or
 2512  any similar statement does not constitute a countersignature.
 2513         9. The requirements of this paragraph apply only with
 2514  respect to the initial treatment of or service rendered to the
 2515  insured by a provider. For subsequent treatments or service, the
 2516  provider must maintain a patient log signed by the patient, in
 2517  chronological order by date of service, which is consistent with
 2518  the services being rendered to the patient as claimed. The
 2519  requirement to maintain a patient log signed by the patient may
 2520  be met by a hospital that maintains medical records as required
 2521  by s. 395.3025 and applicable rules and that makes such records
 2522  available to the insurer upon request.
 2523         (f) Upon written notification by any person, an insurer
 2524  shall investigate any claim of improper billing by a physician
 2525  or other medical provider. The insurer shall determine if the
 2526  insured was properly billed for only the medical care the
 2527  insured actually received. If the insurer determines that the
 2528  insured has been improperly billed, the insurer must notify the
 2529  insured, the person making the written notification, and the
 2530  provider of its findings and reduce the amount of payment to the
 2531  provider by the amount determined to be improperly billed. If a
 2532  reduction is made due to a written notification by any person,
 2533  the insurer must pay to the person 20 percent of the amount of
 2534  the reduction, up to $500. If the provider is arrested due to
 2535  the improper billing, the insurer must pay to the person 40
 2536  percent of the amount of the reduction, up to $500.
 2537         (g) An insurer may not systematically downcode with the
 2538  intent to deny reimbursement otherwise due. Such action
 2539  constitutes a material misrepresentation under s. 626.9541(1)(i)
 2540  2.
 2541         (h) An entity excluded from the definition of the term
 2542  “clinic” in s. 400.9905 must be deemed a clinic and must be
 2543  licensed under part X of chapter 400 in order to receive
 2544  reimbursement under medical payments coverage. However, this
 2545  licensing requirement does not apply to:
 2546         1. An entity wholly owned by a physician licensed under
 2547  chapter 458 or chapter 459, or by the physician and the spouse,
 2548  parent, child, or sibling of the physician;
 2549         2. An entity wholly owned by a dentist licensed under
 2550  chapter 466, or by the dentist and the spouse, parent, child, or
 2551  sibling of the dentist;
 2552         3. An entity wholly owned by a chiropractic physician
 2553  licensed under chapter 460, or by the chiropractic physician and
 2554  the spouse, parent, child, or sibling of the chiropractic
 2555  physician;
 2556         4. A hospital or ambulatory surgical center licensed under
 2557  chapter 395;
 2558         5. An entity that wholly owns or that is wholly owned,
 2559  directly or indirectly, by a hospital or hospitals licensed
 2560  under chapter 395;
 2561         6. An entity that is a clinical facility affiliated with an
 2562  accredited medical school at which training is provided for
 2563  medical students, residents, or fellows;
 2564         7. An entity that is certified under 42 C.F.R. part 485,
 2565  subpart H; or
 2566         8. An entity that is owned by a publicly traded
 2567  corporation, either directly or indirectly through its
 2568  subsidiaries, which has $250 million or more in total annual
 2569  sales of health care services provided by licensed health care
 2570  practitioners, if one or more of the persons responsible for the
 2571  operations of the entity are health care practitioners who are
 2572  licensed in this state and who are responsible for supervising
 2573  the business activities of the entity and the entity’s
 2574  compliance with state law for purposes of this section.
 2575         (7) NOTIFICATION TO INSUREDS OF RIGHTS.—
 2576         (a)The commission shall adopt by rule a form for
 2577  notification to an insured of his or her right to receive
 2578  medical payments coverage. Such notice must include:
 2579         1. A description of the benefits provided by medical
 2580  payments coverage, when payments are due, how benefits are
 2581  coordinated with other insurance benefits that the insured may
 2582  have, penalties and interest that may be imposed on insurers for
 2583  failure to make timely payments of benefits, and rights of
 2584  parties regarding disputes as to benefits.
 2585         2. The following statement in at least 12-point type:
 2586  
 2587         BILLING REQUIREMENTS.—Florida law provides that with
 2588         respect to any treatment or services, other than
 2589         certain hospital and emergency services, the statement
 2590         of charges furnished to the insurer by the provider
 2591         may not include, and the insurer and the injured party
 2592         are not required to pay, charges for treatment or
 2593         services rendered more than 35 days before the
 2594         postmark date of the statement, except for past due
 2595         amounts previously billed on a timely basis and except
 2596         that, if the provider submits to the insurer a notice
 2597         of initiation of treatment within 21 days after its
 2598         first examination or treatment of the claimant, the
 2599         statement may include charges for treatment or
 2600         services rendered up to, but not more than, 75 days
 2601         before the postmark date of the statement.
 2602  
 2603         3. An advisory informing the insured that, pursuant to s.
 2604  626.9892, the department may pay rewards of up to $25,000 to
 2605  persons providing information leading to the arrest and
 2606  conviction of persons committing crimes investigated by the
 2607  Division of Investigative and Forensic Services arising from
 2608  violations of s. 440.105, s. 624.15, s. 626.9541, s. 626.989, or
 2609  s. 817.234.
 2610         4. An advisory informing the insured that, pursuant to sub
 2611  subparagraph (6)(e)1.e., if the insured notifies the insurer of
 2612  a billing error, the insured may be entitled to a certain
 2613  percentage of a reduction in the amount paid by the insured’s
 2614  motor vehicle insurer.
 2615         5. A notice that solicitation of a person injured in a
 2616  motor vehicle crash for purposes of filing medical payments
 2617  coverage or tort claims could be a violation of s. 817.234, s.
 2618  817.505, or the rules regulating The Florida Bar and should be
 2619  immediately reported to the Division of Investigative and
 2620  Forensic Services if such conduct has taken place.
 2621         (b) An insurer issuing a policy in this state providing
 2622  medical payments coverage benefits must mail or deliver the
 2623  notice as specified in paragraph (a) to the named insured within
 2624  21 days after receiving from the insured notice of an automobile
 2625  accident or claim involving personal injury to an insured who is
 2626  covered under the policy. The office may allow an insurer
 2627  additional time to provide the notice specified in paragraph
 2628  (a), not to exceed 30 days, upon a showing by the insurer that
 2629  an emergency justifies an extension of time.
 2630         (c) The notice required by this subsection does not alter
 2631  or modify the terms of the insurance contract or other
 2632  requirements of this section.
 2633         (8) DISCOVERY OF FACTS ABOUT AN INJURED PERSON; DISPUTES.—
 2634         (a) A person making a claim under medical payments coverage
 2635  must, if requested by the insurer against whom the claim has
 2636  been made, furnish a written report of the history, condition,
 2637  treatment, dates, and costs of treatment of the injured person
 2638  and why the items identified by the insurer were reasonable in
 2639  amount and medically necessary, together with a sworn statement
 2640  that the medical care rendered was reasonable and necessary with
 2641  respect to the bodily injury sustained and identifying which
 2642  portion of the expenses for the medical care was incurred as a
 2643  result of the bodily injury. If requested by the insurer, the
 2644  person making the claim under medical payments coverage must
 2645  also produce, and allow the inspection and copying of, his, her,
 2646  or its records regarding the history, condition, treatment,
 2647  dates, and costs of treatment of the injured person. The sworn
 2648  statement must read as follows: “Under penalty of perjury, I
 2649  declare that I have read the foregoing, and the facts alleged
 2650  are true, to the best of my knowledge and belief.” A cause of
 2651  action for violation of the physician-patient privilege or
 2652  invasion of the right of privacy may not be brought against any
 2653  physician, hospital, clinic, or other medical institution
 2654  complying with this section. The person requesting such records
 2655  and sworn statement shall pay all reasonable costs connected
 2656  therewith. If an insurer makes a written request for
 2657  documentation or information under this paragraph within 30 days
 2658  after having received notice of the amount of a covered loss
 2659  under paragraph (5)(b), the amount or the partial amount that is
 2660  the subject of the insurer’s inquiry is overdue if the insurer
 2661  does not pay in accordance with paragraph (5)(b) or within 10
 2662  days after the insurer’s receipt of the requested documentation
 2663  or information, whichever occurs later. As used in this
 2664  paragraph, the term “receipt” includes, but is not limited to,
 2665  inspection and copying pursuant to this paragraph. An insurer
 2666  that requests documentation or information pertaining to
 2667  reasonableness of charges or medical necessity under this
 2668  paragraph without a reasonable basis for such requests as a
 2669  general business practice is engaging in an unfair trade
 2670  practice under the Florida Insurance Code.
 2671         (b) In the event of a dispute regarding an insurer’s right
 2672  to discovery of facts under this section, the insurer may
 2673  petition a court of competent jurisdiction to enter an order
 2674  permitting such discovery. The order may be made only on motion
 2675  for good cause shown and upon notice to all persons having an
 2676  interest and must specify the time, place, manner, conditions,
 2677  and scope of the discovery. In order to protect against
 2678  annoyance, embarrassment, or oppression, as justice requires,
 2679  the court may enter an order refusing discovery or specifying
 2680  conditions of discovery and may order payment of costs and
 2681  expenses of the proceeding, including reasonable fees for the
 2682  appearance of attorneys at the proceedings, as justice requires.
 2683         (c) Upon request, the injured person must be furnished a
 2684  copy of all information obtained by the insurer under this
 2685  section, and pay a reasonable charge, if required by the
 2686  insurer.
 2687         (d) An insured may not unreasonably withhold notice to an
 2688  insurer of the existence of a claim.
 2689         (e) In a dispute between the insured and the insurer, or
 2690  between an assignee of the insured’s rights and the insurer,
 2691  upon request, the insurer must notify the insured or the
 2692  assignee that the policy limits under this section have been
 2693  reached within 15 days after the limits have been reached.
 2694         (f) In any civil action to recover medical payments
 2695  benefits brought against an insurer by a claimant pursuant to
 2696  this section, all claims related to the same health care
 2697  provider for the same injured person must be brought in one
 2698  action, unless good cause is shown why the claims should be
 2699  brought separately.
 2700         (g)An insured seeking medical payments coverage benefits,
 2701  including an omnibus insured, must comply with the terms of the
 2702  policy, which include, but are not limited to, submitting to an
 2703  examination under oath. The scope of questioning during the
 2704  examination under oath is limited to relevant information or
 2705  information that could reasonably be expected to lead to
 2706  relevant information. Compliance with this paragraph is a
 2707  condition precedent to receiving benefits. An insurer that, as a
 2708  general business practice as determined by the office, requests
 2709  an examination under oath of an insured or an omnibus insured
 2710  without a reasonable basis is subject to s. 626.9541.
 2711         (9)MENTAL AND PHYSICAL EXAMINATION OF INJURED PERSON;
 2712  REPORTS.—
 2713         (a) Whenever the mental or physical condition of an injured
 2714  person covered by medical payments benefits is material to any
 2715  claim that has been or may be made for past or future medical
 2716  payments coverage benefits, such person must, upon the request
 2717  of an insurer, submit to a mental or physical examination by a
 2718  physician or physicians. The costs of any examination requested
 2719  by an insurer must be borne entirely by the insurer. Such
 2720  examination must be conducted within the municipality where the
 2721  insured is receiving treatment; in a location reasonably
 2722  accessible to the insured, which, for purposes of this
 2723  paragraph, means any location within the municipality in which
 2724  the insured resides; or any location within 10 miles by road of
 2725  the insured’s residence, if such location is within the county
 2726  in which the insured resides. If the examination is to be
 2727  conducted in a location reasonably accessible to the insured and
 2728  if there is no qualified physician to conduct the examination in
 2729  a location reasonably accessible to the insured, such
 2730  examination must be conducted in an area of the closest
 2731  proximity to the insured’s residence. Insurers may include
 2732  reasonable provisions in medical payments coverage insurance
 2733  policies for mental and physical examination of those claiming
 2734  medical payments coverage benefits. An insurer may not withdraw
 2735  payment of a treating physician without the consent of the
 2736  injured person covered by medical payments benefits unless the
 2737  insurer first obtains a valid report by a Florida physician
 2738  licensed under the same chapter as the treating physician whose
 2739  treatment authorization is sought to be withdrawn, stating that
 2740  treatment was not reasonable, related, or necessary. For
 2741  purposes of this paragraph, a valid report is one that is
 2742  prepared and signed by the physician examining the injured
 2743  person or reviewing the treatment records of the injured person;
 2744  that is factually supported by the examination and treatment
 2745  records, if reviewed; and that has not been modified by anyone
 2746  other than the physician. The physician preparing the report
 2747  must be in active practice unless the physician is physically
 2748  disabled. As used in this paragraph, the term “active practice”
 2749  means that during the 3 years immediately preceding the date of
 2750  the physical examination or review of the treatment records, the
 2751  physician must have devoted professional time to the active
 2752  clinical practice of evaluation, diagnosis, or treatment of
 2753  medical conditions, or to the instruction of students in an
 2754  accredited health professional school or accredited residency
 2755  program, or a clinical research program that is affiliated with
 2756  an accredited health professional school, a teaching hospital,
 2757  or an accredited residency program. The physician preparing a
 2758  report at the request of an insurer and the physicians rendering
 2759  expert opinions on behalf of persons claiming medical payments
 2760  coverage benefits, or on behalf of an insured through an
 2761  attorney or another entity, shall maintain, for at least 3
 2762  years, copies of all examination reports as medical records and
 2763  shall maintain, for at least 3 years, records of all payments
 2764  for the examinations and reports. An insurer or any person
 2765  acting at the direction of or on behalf of an insurer may not
 2766  materially change an opinion in a report prepared under this
 2767  paragraph or direct the physician preparing the report to change
 2768  such opinion. The denial of a payment as the result of such a
 2769  changed opinion constitutes a material misrepresentation under
 2770  s. 626.9541(1)(i)2.; however, this provision does not preclude
 2771  the insurer from calling to the attention of the physician
 2772  errors of fact in the report based upon information in the claim
 2773  file.
 2774         (b) If requested by the person examined, a party causing an
 2775  examination to be made shall deliver to him or her a copy of
 2776  every written report concerning the examination rendered by an
 2777  examining physician, at least one of which reports must set out
 2778  the examining physician’s findings and conclusions in detail.
 2779  After such request and delivery, the party causing the
 2780  examination to be made is entitled, upon request, to receive
 2781  from the person examined every written report available to him
 2782  or her or his or her representative concerning any examination,
 2783  previously or thereafter made, of the same mental or physical
 2784  condition. By requesting and obtaining a report of the
 2785  examination so ordered, or by taking the deposition of the
 2786  examiner, the person examined waives any privilege he or she may
 2787  have, in relation to the claim for benefits, regarding the
 2788  testimony of every other person who has examined, or may
 2789  thereafter examine, him or her in respect to the same mental or
 2790  physical condition. If a person unreasonably refuses to submit
 2791  to, or fails to appear at, an examination, the medical payments
 2792  benefits carrier is no longer liable for subsequent medical
 2793  payments benefits. An insured’s refusal to submit to or failure
 2794  to appear at two examinations raises a rebuttable presumption
 2795  that the insured’s refusal or failure was unreasonable.
 2796         (10)APPLICABILITY OF PROVISION REGULATING ATTORNEY FEES.
 2797  With respect to any dispute under this section between the
 2798  insured and the insurer or between an assignee of an insured’s
 2799  rights and the insurer, ss. 627.428 and 768.79 apply except as
 2800  provided in subsections (11) and (12) and except that any
 2801  attorney fees recovered must:
 2802         (a) Comply with prevailing professional standards;
 2803         (b) Not overstate or inflate the number of hours reasonably
 2804  necessary for a case of comparable skill or complexity; and
 2805         (c) Represent legal services that are reasonable and
 2806  necessary to achieve the result obtained.
 2807  
 2808  Upon request by either party, a judge must make written
 2809  findings, substantiated by evidence presented at trial or any
 2810  hearings associated therewith, that any award of attorney fees
 2811  complies with this subsection. Notwithstanding s. 627.428,
 2812  attorney fees recovered under this section must be calculated
 2813  without regard to a contingency risk multiplier.
 2814         (11) DEMAND LETTER.—
 2815         (a) As a condition precedent to filing any action for
 2816  benefits under this section, written notice of an intent to
 2817  initiate litigation must be provided to the insurer. Such notice
 2818  may not be sent until the claim is overdue, including any
 2819  additional time the insurer has to pay the claim pursuant to
 2820  paragraph (5)(b).
 2821         (b) The notice must state with specificity:
 2822         1. “This is a demand letter under s. 627.7265, Florida
 2823  Statutes.”
 2824         2. The name of the insured for whom such benefits are being
 2825  sought, including a copy of the assignment giving rights to the
 2826  claimant if the claimant is not the insured.
 2827         3. The claim number or policy number upon which the claim
 2828  was originally submitted to the insurer.
 2829         4. To the extent applicable, the name of any medical
 2830  provider who rendered to an insured the treatment, services,
 2831  accommodations, or supplies that form the basis of such claim;
 2832  and an itemized statement specifying each exact amount, the date
 2833  of treatment, service, or accommodation, and the type of benefit
 2834  claimed to be due. To the extent that the demand involves an
 2835  insurer’s withdrawal of payment for future treatment not yet
 2836  rendered, the claimant shall attach a copy of the insurer’s
 2837  notice withdrawing such payment and an itemized statement of the
 2838  type, frequency, and duration of future treatment claimed to be
 2839  reasonable and medically necessary.
 2840         (c) Each notice required by this subsection must be
 2841  delivered to the insurer by certified or registered mail, return
 2842  receipt requested. Such postal costs must be reimbursed by the
 2843  insurer, if requested by the claimant in the notice, when the
 2844  insurer pays the claim. Such notice must be sent to the person
 2845  and address specified by the insurer for the purposes of
 2846  receiving notices under this subsection. Each licensed insurer,
 2847  whether domestic, foreign, or alien, shall file with the office
 2848  the name and address of the designated person to whom notices
 2849  must be sent, which the office shall make available on its
 2850  website. The person whose name and address is on file with the
 2851  office pursuant to s. 624.422 is deemed the authorized
 2852  representative to accept notice pursuant to this subsection if
 2853  no other designation has been made.
 2854         (d) If, within 30 days after receipt of notice by the
 2855  insurer, the overdue claim specified in the notice is paid by
 2856  the insurer together with applicable interest and a penalty of
 2857  10 percent of the overdue amount paid by the insurer, subject to
 2858  a maximum penalty of $250, an action may not be brought against
 2859  the insurer. If the demand involves an insurer’s withdrawal of
 2860  payment for future treatment not yet rendered, an action may not
 2861  be brought against the insurer if, within 30 days after its
 2862  receipt of the notice, the insurer mails to the person filing
 2863  the notice a written statement of the insurer’s agreement to pay
 2864  for such treatment in accordance with the notice and to pay a
 2865  penalty of 10 percent, subject to a maximum penalty of $250,
 2866  when it pays for such future treatment in accordance with the
 2867  requirements of this section. To the extent the insurer
 2868  determines not to pay any amount demanded, the penalty is not
 2869  payable in any subsequent action. For purposes of this
 2870  subsection, payment or the insurer’s agreement must be treated
 2871  as being made on the date a draft or other valid instrument that
 2872  is equivalent to payment, or the insurer’s written statement of
 2873  agreement, is placed in the United States mail in a properly
 2874  addressed, postpaid envelope or, if not so posted, on the date
 2875  of delivery. The insurer is not obligated to pay any attorney
 2876  fees if the insurer pays the claim or mails its agreement to pay
 2877  for future treatment within the time prescribed by this
 2878  subsection.
 2879         (e) The applicable statute of limitation for an action
 2880  under this section is tolled for 30 business days by the mailing
 2881  of the notice required by this subsection.
 2882         (12)ALL CLAIMS BROUGHT IN A SINGLE ACTION.—In any civil
 2883  action to recover medical payments coverage benefits brought by
 2884  a claimant pursuant to this section against an insurer, all
 2885  claims related to the same health care provider for the same
 2886  injured person must be brought in one action unless good cause
 2887  is shown why such claims should be brought separately. If the
 2888  court determines that a civil action is filed for a claim that
 2889  should have been brought in a prior civil action, the court may
 2890  not award attorney fees to the claimant.
 2891         (13) FAILURE TO PAY VALID CLAIMS; UNFAIR OR DECEPTIVE
 2892  PRACTICE.—
 2893         (a) An insurer is engaging in a prohibited unfair or
 2894  deceptive practice that is subject to the penalties provided in
 2895  s. 626.9521, and the office has the powers and duties specified
 2896  in ss. 626.9561-626.9601, if the insurer, with such frequency so
 2897  as to indicate a general business practice, fails to pay valid
 2898  claims for medical payments benefits or fails to pay valid
 2899  claims until receipt of the notice required under subsection
 2900  (11).
 2901         (b) Notwithstanding s. 501.212, the Department of Legal
 2902  Affairs may investigate and initiate actions for a violation of
 2903  this subsection, including, but not limited to, the powers and
 2904  duties specified in part II of chapter 501.
 2905         (14) CIVIL ACTION FOR INSURANCE FRAUD.—An insurer has a
 2906  cause of action against any person convicted of, or who,
 2907  regardless of adjudication of guilt, pleads guilty or nolo
 2908  contendere to, insurance fraud under s. 817.234, patient
 2909  brokering under s. 817.505, or kickbacks under s. 456.054,
 2910  associated with a claim for medical payments coverage benefits
 2911  in accordance with this section. An insurer prevailing in an
 2912  action brought under this subsection may recover compensatory,
 2913  consequential, and punitive damages subject to the requirements
 2914  and limitations of part II of chapter 768 and attorney fees and
 2915  costs incurred in litigating a cause of action against any
 2916  person convicted of, or who, regardless of adjudication of
 2917  guilt, pleads guilty or nolo contendere to, insurance fraud
 2918  under s. 817.234, patient brokering under s. 817.505, or
 2919  kickbacks under s. 456.054, associated with a claim for medical
 2920  payments coverage benefits in accordance with this section.
 2921         (15) FRAUD ADVISORY NOTICE.—Upon receiving notice of a
 2922  claim under this section, an insurer shall provide a notice to
 2923  the insured or to a person for whom a claim for reimbursement
 2924  for diagnosis or treatment of injuries has been filed, advising
 2925  that:
 2926         (a) Pursuant to s. 626.9892, the department may pay rewards
 2927  of up to $25,000 to persons who provide information leading to
 2928  the arrest and conviction of persons committing crimes
 2929  investigated by the Division of Investigative and Forensic
 2930  Services arising from violations of s. 440.105, s. 624.15, s.
 2931  626.9541, s. 626.989, or s. 817.234.
 2932         (b) Solicitation of a person injured in a motor vehicle
 2933  crash for purposes of filing medical payments coverage or tort
 2934  claims could be a violation of s. 817.234, s. 817.505, or the
 2935  rules regulating The Florida Bar and should be immediately
 2936  reported to the Division of Investigative and Forensic Services
 2937  if such conduct has taken place.
 2938         (16) NONREIMBURSABLE CLAIMS.—Claims generated as a result
 2939  of activities that are unlawful pursuant to s. 817.505 are not
 2940  reimbursable.
 2941         (17) SECURE ELECTRONIC DATA TRANSFER.—Except as otherwise
 2942  provided in subparagraph (6)(e)5., a notice, documentation,
 2943  transmission, or communication of any kind required or
 2944  authorized under this section may be transmitted electronically
 2945  if it is transmitted by secure electronic data transfer that is
 2946  consistent with state and federal privacy and security laws.
 2947         (18) INSURER’S RIGHT OF SUBROGATION.—
 2948         (a) A medical payments insurer may include a provision in
 2949  its policy which permits subrogation for medical payments
 2950  benefits it paid if the expenses giving rise to the payments
 2951  were caused by the wrongful act or omission of another. However,
 2952  this subrogation right is inferior to the rights of the injured
 2953  insured, and is available only after all the insured’s damages
 2954  have been recovered and the insured has been made whole. An
 2955  insured who obtains a recovery from a third party of the full
 2956  amount of the damages sustained and delivers a release or
 2957  satisfaction that impairs a medical payments insurer’s
 2958  subrogation right is liable to the insurer for repayment of
 2959  medical payments benefits, less any expenses of acquiring the
 2960  recovery, including a prorated share of attorney fees and costs,
 2961  and shall hold that net recovery in trust to be delivered to the
 2962  medical payments insurer.
 2963         (b) The insurer does not have a right of subrogation for
 2964  medical payments coverage benefits paid for the insured if the
 2965  tortfeasor who caused the motor vehicle accident is also an
 2966  insured under the policy that paid the medical payments
 2967  benefits.
 2968         Section 40. Subsections (1) and (7) of section 627.727,
 2969  Florida Statutes, are amended to read:
 2970         627.727 Motor vehicle insurance; uninsured and underinsured
 2971  vehicle coverage; insolvent insurer protection.—
 2972         (1) A No motor vehicle liability insurance policy that
 2973  which provides bodily injury liability coverage may not shall be
 2974  delivered or issued for delivery in this state with respect to
 2975  any specifically insured or identified motor vehicle registered
 2976  or principally garaged in this state, unless uninsured motor
 2977  vehicle coverage is provided therein or supplemental thereto for
 2978  the protection of persons insured thereunder who are legally
 2979  entitled to recover damages from owners or operators of
 2980  uninsured motor vehicles because of bodily injury, sickness, or
 2981  disease, including death, resulting therefrom. However, the
 2982  coverage required under this section is not applicable if when,
 2983  or to the extent that, an insured named in the policy makes a
 2984  written rejection of the coverage on behalf of all insureds
 2985  under the policy. If When a motor vehicle is leased for a period
 2986  of 1 year or longer and the lessor of such vehicle, by the terms
 2987  of the lease contract, provides liability coverage on the leased
 2988  vehicle, the lessee of such vehicle has shall have the sole
 2989  privilege to reject uninsured motorist coverage or to select
 2990  lower limits than the bodily injury liability limits, regardless
 2991  of whether the lessor is qualified as a self-insurer pursuant to
 2992  s. 324.171. Unless an insured, or lessee having the privilege of
 2993  rejecting uninsured motorist coverage, requests such coverage or
 2994  requests higher uninsured motorist limits in writing, the
 2995  coverage or such higher uninsured motorist limits need not be
 2996  provided in or supplemental to any other policy which renews,
 2997  extends, changes, supersedes, or replaces an existing policy
 2998  with the same bodily injury liability limits when an insured or
 2999  lessee had rejected the coverage. When an insured or lessee has
 3000  initially selected limits of uninsured motorist coverage lower
 3001  than her or his bodily injury liability limits, higher limits of
 3002  uninsured motorist coverage need not be provided in or
 3003  supplemental to any other policy that which renews, extends,
 3004  changes, supersedes, or replaces an existing policy with the
 3005  same bodily injury liability limits unless an insured requests
 3006  higher uninsured motorist coverage in writing. The rejection or
 3007  selection of lower limits must shall be made on a form approved
 3008  by the office. The form must shall fully advise the applicant of
 3009  the nature of the coverage and must shall state that the
 3010  coverage is equal to bodily injury liability limits unless lower
 3011  limits are requested or the coverage is rejected. The heading of
 3012  the form must shall be in 12-point bold type and must shall
 3013  state: “You are electing not to purchase certain valuable
 3014  coverage that which protects you and your family or you are
 3015  purchasing uninsured motorist limits less than your bodily
 3016  injury liability limits when you sign this form. Please read
 3017  carefully.” If this form is signed by a named insured, it will
 3018  be conclusively presumed that there was an informed, knowing
 3019  rejection of coverage or election of lower limits on behalf of
 3020  all insureds. The insurer shall notify the named insured at
 3021  least annually of her or his options as to the coverage required
 3022  by this section. Such notice must shall be part of, and attached
 3023  to, the notice of premium, must shall provide for a means to
 3024  allow the insured to request such coverage, and must shall be
 3025  given in a manner approved by the office. Receipt of this notice
 3026  does not constitute an affirmative waiver of the insured’s right
 3027  to uninsured motorist coverage if where the insured has not
 3028  signed a selection or rejection form. The coverage described
 3029  under this section must shall be over and above, but may shall
 3030  not duplicate, the benefits available to an insured under any
 3031  workers’ compensation law, personal injury protection benefits,
 3032  disability benefits law, or similar law; under any automobile
 3033  medical payments expense coverage; under any motor vehicle
 3034  liability insurance coverage; or from the owner or operator of
 3035  the uninsured motor vehicle or any other person or organization
 3036  jointly or severally liable together with such owner or operator
 3037  for the accident; and such coverage must shall cover the
 3038  difference, if any, between the sum of such benefits and the
 3039  damages sustained, up to the maximum amount of such coverage
 3040  provided under this section. The amount of coverage available
 3041  under this section may shall not be reduced by a setoff against
 3042  any coverage, including liability insurance. Such coverage does
 3043  shall not inure directly or indirectly to the benefit of any
 3044  workers’ compensation or disability benefits carrier or any
 3045  person or organization qualifying as a self-insurer under any
 3046  workers’ compensation or disability benefits law or similar law.
 3047         (7) The legal liability of an uninsured motorist coverage
 3048  insurer includes does not include damages in tort for pain,
 3049  suffering, disability or physical impairment, disfigurement,
 3050  mental anguish, and inconvenience, and the loss of capacity for
 3051  the enjoyment of life experienced in the past and to be
 3052  experienced in the future unless the injury or disease is
 3053  described in one or more of paragraphs (a)-(d) of s. 627.737(2).
 3054         Section 41. Subsection (1) and paragraphs (a) and (b) of
 3055  subsection (2) of section 627.7275, Florida Statutes, are
 3056  amended to read:
 3057         627.7275 Motor vehicle liability.—
 3058         (1) A motor vehicle insurance policy providing personal
 3059  injury protection as set forth in s. 627.736 may not be
 3060  delivered or issued for delivery in this state for a with
 3061  respect to any specifically insured or identified motor vehicle
 3062  registered or principally garaged in this state must provide
 3063  bodily injury liability coverage and unless the policy also
 3064  provides coverage for property damage liability coverage as
 3065  required under by s. 324.022, and medical payments coverage as
 3066  required under s. 627.7265.
 3067         (2)(a) Insurers writing motor vehicle insurance in this
 3068  state shall make available, subject to the insurers’ usual
 3069  underwriting restrictions:
 3070         1. Coverage under policies as described in subsection (1)
 3071  to an applicant for private passenger motor vehicle insurance
 3072  coverage who is seeking the coverage in order to reinstate the
 3073  applicant’s driving privileges in this state if the driving
 3074  privileges were revoked or suspended pursuant to s. 316.646 or
 3075  s. 324.0221 due to the failure of the applicant to maintain
 3076  required security.
 3077         2. Coverage under policies as described in subsection (1),
 3078  which includes bodily injury also provides liability coverage
 3079  and property damage liability coverage for bodily injury, death,
 3080  and property damage arising out of the ownership, maintenance,
 3081  or use of the motor vehicle in an amount not less than the
 3082  minimum limits required under described in s. 324.021(7) or s.
 3083  324.023 and which conforms to the requirements of s. 324.151, to
 3084  an applicant for private passenger motor vehicle insurance
 3085  coverage who is seeking the coverage in order to reinstate the
 3086  applicant’s driving privileges in this state after such
 3087  privileges were revoked or suspended under s. 316.193 or s.
 3088  322.26(2) for driving under the influence.
 3089         (b) The policies described in paragraph (a) must shall be
 3090  issued for at least 6 months and, as to the minimum coverages
 3091  required under this section, may not be canceled by the insured
 3092  for any reason or by the insurer after 60 days, during which
 3093  period the insurer is completing the underwriting of the policy.
 3094  After the insurer has completed underwriting the policy, the
 3095  insurer shall notify the Department of Highway Safety and Motor
 3096  Vehicles that the policy is in full force and effect and is not
 3097  cancelable for the remainder of the policy period. A premium
 3098  must shall be collected and the coverage is in effect for the
 3099  60-day period during which the insurer is completing the
 3100  underwriting of the policy, whether or not the person’s driver
 3101  license, motor vehicle tag, and motor vehicle registration are
 3102  in effect. Once the noncancelable provisions of the policy
 3103  become effective, the bodily injury liability and property
 3104  damage liability coverages for bodily injury, property damage,
 3105  and personal injury protection may not be reduced below the
 3106  minimum limits required under s. 324.021 or s. 324.023 during
 3107  the policy period, and the medical payments coverage may not be
 3108  reduced below the minimum limit required under s. 627.7265.
 3109         Section 42. Paragraph (a) of subsection (1) of section
 3110  627.728, Florida Statutes, is amended to read:
 3111         627.728 Cancellations; nonrenewals.—
 3112         (1) As used in this section, the term:
 3113         (a) “Policy” means the bodily injury and property damage
 3114  liability, personal injury protection, medical payments,
 3115  comprehensive, collision, and uninsured motorist coverage
 3116  portions of a policy of motor vehicle insurance delivered or
 3117  issued for delivery in this state:
 3118         1. Insuring a natural person as named insured or one or
 3119  more related individuals who are residents resident of the same
 3120  household; and
 3121         2. Insuring only a motor vehicle of the private passenger
 3122  type or station wagon type which is not used as a public or
 3123  livery conveyance for passengers or rented to others; or
 3124  insuring any other four-wheel motor vehicle having a load
 3125  capacity of 1,500 pounds or less which is not used in the
 3126  occupation, profession, or business of the insured other than
 3127  farming; other than any policy issued under an automobile
 3128  insurance assigned risk plan or covering garage, automobile
 3129  sales agency, repair shop, service station, or public parking
 3130  place operation hazards.
 3131  
 3132  The term “policy” does not include a binder as defined in s.
 3133  627.420 unless the duration of the binder period exceeds 60
 3134  days.
 3135         Section 43. Subsection (1), paragraph (a) of subsection
 3136  (5), and subsections (6) and (7) of section 627.7295, Florida
 3137  Statutes, are amended to read:
 3138         627.7295 Motor vehicle insurance contracts.—
 3139         (1) As used in this section, the term:
 3140         (a) “Policy” means a motor vehicle insurance policy that
 3141  provides bodily injury liability personal injury protection
 3142  coverage, property damage liability coverage, and medical
 3143  payments coverage or both.
 3144         (b) “Binder” means a binder that provides motor vehicle
 3145  bodily injury liability coverage, personal injury protection and
 3146  property damage liability coverage, and medical payments
 3147  coverage.
 3148         (5)(a) A licensed general lines agent may charge a per
 3149  policy fee up to not to exceed $10 to cover the administrative
 3150  costs of the agent associated with selling the motor vehicle
 3151  insurance policy if the policy covers only bodily injury
 3152  liability coverage, personal injury protection coverage as
 3153  provided by s. 627.736 and property damage liability coverage,
 3154  and medical payments coverage as provided by s. 627.7275 and if
 3155  no other insurance is sold or issued in conjunction with or
 3156  collateral to the policy. The fee is not considered part of the
 3157  premium.
 3158         (6) If a motor vehicle owner’s driver license, license
 3159  plate, and registration have previously been suspended pursuant
 3160  to s. 316.646 or s. 627.733, an insurer may cancel a new policy
 3161  only as provided in s. 627.7275.
 3162         (7) A policy of private passenger motor vehicle insurance
 3163  or a binder for such a policy may be initially issued in this
 3164  state only if, before the effective date of such binder or
 3165  policy, the insurer or agent has collected from the insured an
 3166  amount equal to 2 months’ premium from the insured. An insurer,
 3167  agent, or premium finance company may not, directly or
 3168  indirectly, take any action that results resulting in the
 3169  insured paying having paid from the insured’s own funds an
 3170  amount less than the 2 months’ premium required by this
 3171  subsection. This subsection applies without regard to whether
 3172  the premium is financed by a premium finance company or is paid
 3173  pursuant to a periodic payment plan of an insurer or an
 3174  insurance agent.
 3175         (a) This subsection does not apply:
 3176         1. If an insured or member of the insured’s family is
 3177  renewing or replacing a policy or a binder for such policy
 3178  written by the same insurer or a member of the same insurer
 3179  group. This subsection does not apply
 3180         2. To an insurer that issues private passenger motor
 3181  vehicle coverage primarily to active duty or former military
 3182  personnel or their dependents. This subsection does not apply
 3183         3. If all policy payments are paid pursuant to a payroll
 3184  deduction plan, an automatic electronic funds transfer payment
 3185  plan from the policyholder, or a recurring credit card or debit
 3186  card agreement with the insurer.
 3187         (b) This subsection and subsection (4) do not apply if:
 3188         1. All policy payments to an insurer are paid pursuant to
 3189  an automatic electronic funds transfer payment plan from an
 3190  agent, a managing general agent, or a premium finance company
 3191  and if the policy includes, at a minimum, bodily injury
 3192  liability coverage, personal injury protection pursuant to ss.
 3193  627.730-627.7405; motor vehicle property damage liability
 3194  coverage, and medical payments coverage pursuant to s. 627.7275;
 3195  or and bodily injury liability in at least the amount of $10,000
 3196  because of bodily injury to, or death of, one person in any one
 3197  accident and in the amount of $20,000 because of bodily injury
 3198  to, or death of, two or more persons in any one accident. This
 3199  subsection and subsection (4) do not apply if
 3200         2. An insured has had a policy in effect for at least 6
 3201  months, the insured’s agent is terminated by the insurer that
 3202  issued the policy, and the insured obtains coverage on the
 3203  policy’s renewal date with a new company through the terminated
 3204  agent.
 3205         Section 44. Subsections (1) and (2) of section 627.7415,
 3206  Florida Statutes, are amended to read:
 3207         627.7415 Commercial motor vehicles; additional liability
 3208  insurance coverage.—Commercial motor vehicles, as defined in s.
 3209  207.002 or s. 320.01, operated upon the roads and highways of
 3210  this state shall be insured with the following minimum levels of
 3211  combined bodily liability insurance and property damage
 3212  liability insurance under subsections (1) and (2) in addition to
 3213  any other insurance requirements.:
 3214         (1) Fifty thousand dollars per occurrence For a commercial
 3215  motor vehicle with a gross vehicle weight of 26,000 pounds or
 3216  more, but less than 35,000 pounds:
 3217         (a) Beginning January 1, 2019, through December 31, 2020,
 3218  no less than $50,000 per occurrence.
 3219         (b) Beginning January 1, 2021, through December 31, 2022,
 3220  no less than $60,000 per occurrence.
 3221         (c) Beginning January 1, 2023, and thereafter, no less than
 3222  $70,000 per occurrence.
 3223         (2) One hundred thousand dollars per occurrence For a
 3224  commercial motor vehicle with a gross vehicle weight of 35,000
 3225  pounds or more, but less than 44,000 pounds:
 3226         (a) Beginning January 1, 2019, through December 31, 2020,
 3227  no less than $100,000 per occurrence.
 3228         (b) Beginning January 1, 2021, through December 31, 2022,
 3229  no less than $120,000 per occurrence.
 3230         (c) Beginning January 1, 2023, and thereafter, no less than
 3231  $140,000 per occurrence.
 3232  
 3233  A violation of this section is a noncriminal traffic infraction,
 3234  punishable as a nonmoving violation as provided in chapter 318.
 3235         Section 45. Section 627.8405, Florida Statutes, is amended
 3236  to read:
 3237         627.8405 Prohibited acts; financing companies.—A No premium
 3238  finance company shall, in a premium finance agreement or other
 3239  agreement, may not finance the cost of or otherwise provide for
 3240  the collection or remittance of dues, assessments, fees, or
 3241  other periodic payments of money for the cost of:
 3242         (1) A membership in an automobile club. The term
 3243  “automobile club” means a legal entity that which, in
 3244  consideration of dues, assessments, or periodic payments of
 3245  money, promises its members or subscribers to assist them in
 3246  matters relating to the ownership, operation, use, or
 3247  maintenance of a motor vehicle; however, the term this
 3248  definition of “automobile club” does not include persons,
 3249  associations, or corporations which are organized and operated
 3250  solely for the purpose of conducting, sponsoring, or sanctioning
 3251  motor vehicle races, exhibitions, or contests upon racetracks,
 3252  or upon racecourses established and marked as such for the
 3253  duration of such particular events. The term words “motor
 3254  vehicle” used herein has have the same meaning as defined in
 3255  chapter 320.
 3256         (2) An accidental death and dismemberment policy sold in
 3257  combination with a policy providing only medical payments
 3258  coverage, bodily injury liability coverage, personal injury
 3259  protection and property damage liability coverage only policy.
 3260         (3) Any product not regulated under the provisions of this
 3261  insurance code.
 3262  
 3263  This section also applies to premium financing by any insurance
 3264  agent or insurance company under part XVI. The commission shall
 3265  adopt rules to assure disclosure, at the time of sale, of
 3266  coverages financed with personal injury protection and shall
 3267  prescribe the form of such disclosure.
 3268         Section 46. Subsection (1) of section 627.915, Florida
 3269  Statutes, is amended to read:
 3270         627.915 Insurer experience reporting.—
 3271         (1) Each insurer transacting private passenger automobile
 3272  insurance in this state shall report certain information
 3273  annually to the office. The information will be due on or before
 3274  July 1 of each year. The information must shall be divided into
 3275  the following categories: bodily injury liability; property
 3276  damage liability; uninsured motorist; personal injury protection
 3277  benefits; medical payments; and comprehensive and collision. The
 3278  information given must shall be on direct insurance writings in
 3279  the state alone and shall represent total limits data. The
 3280  information set forth in paragraphs (a)-(f) is applicable to
 3281  voluntary private passenger and Joint Underwriting Association
 3282  private passenger writings and must shall be reported for each
 3283  of the latest 3 calendar-accident years, with an evaluation date
 3284  of March 31 of the current year. The information set forth in
 3285  paragraphs (g)-(j) is applicable to voluntary private passenger
 3286  writings and must shall be reported on a calendar-accident year
 3287  basis ultimately seven times at seven different stages of
 3288  development.
 3289         (a) Premiums earned for the latest 3 calendar-accident
 3290  years.
 3291         (b) Loss development factors and the historic development
 3292  of those factors.
 3293         (c) Policyholder dividends incurred.
 3294         (d) Expenses for other acquisition and general expense.
 3295         (e) Expenses for agents’ commissions and taxes, licenses,
 3296  and fees.
 3297         (f) Profit and contingency factors as utilized in the
 3298  insurer’s automobile rate filings for the applicable years.
 3299         (g) Losses paid.
 3300         (h) Losses unpaid.
 3301         (i) Loss adjustment expenses paid.
 3302         (j) Loss adjustment expenses unpaid.
 3303         Section 47. Subsections (2) and (3) of section 628.909,
 3304  Florida Statutes, are amended to read:
 3305         628.909 Applicability of other laws.—
 3306         (2) The following provisions of the Florida Insurance Code
 3307  apply to captive insurance companies who are not industrial
 3308  insured captive insurance companies to the extent that such
 3309  provisions are not inconsistent with this part:
 3310         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 3311  624.40851, 624.4095, 624.411, 624.425, and 624.426.
 3312         (b) Chapter 625, part II.
 3313         (c) Chapter 626, part IX.
 3314         (d) Sections 627.730-627.7405, when no-fault coverage is
 3315  provided.
 3316         (e) Chapter 628.
 3317         (3) The following provisions of the Florida Insurance Code
 3318  shall apply to industrial insured captive insurance companies to
 3319  the extent that such provisions are not inconsistent with this
 3320  part:
 3321         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 3322  624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1).
 3323         (b) Chapter 625, part II, if the industrial insured captive
 3324  insurance company is incorporated in this state.
 3325         (c) Chapter 626, part IX.
 3326         (d) Sections 627.730-627.7405 when no-fault coverage is
 3327  provided.
 3328         (e) Chapter 628, except for ss. 628.341, 628.351, and
 3329  628.6018.
 3330         Section 48. Subsections (2), (6), and (7) of section
 3331  705.184, Florida Statutes, are amended to read:
 3332         705.184 Derelict or abandoned motor vehicles on the
 3333  premises of public-use airports.—
 3334         (2) The airport director or the director’s designee shall
 3335  contact the Department of Highway Safety and Motor Vehicles to
 3336  notify that department that the airport has possession of the
 3337  abandoned or derelict motor vehicle and to determine the name
 3338  and address of the owner of the motor vehicle, the insurance
 3339  company insuring the motor vehicle, notwithstanding the
 3340  provisions of s. 627.736, and any person who has filed a lien on
 3341  the motor vehicle. Within 7 business days after receipt of the
 3342  information, the director or the director’s designee shall send
 3343  notice by certified mail, return receipt requested, to the owner
 3344  of the motor vehicle, the insurance company insuring the motor
 3345  vehicle, notwithstanding the provisions of s. 627.736, and all
 3346  persons of record claiming a lien against the motor vehicle. The
 3347  notice must shall state the fact of possession of the motor
 3348  vehicle, that charges for reasonable towing, storage, and
 3349  parking fees, if any, have accrued and the amount thereof, that
 3350  a lien as provided in subsection (6) will be claimed, that the
 3351  lien is subject to enforcement pursuant to law, that the owner
 3352  or lienholder, if any, has the right to a hearing as set forth
 3353  in subsection (4), and that any motor vehicle which, at the end
 3354  of 30 calendar days after receipt of the notice, has not been
 3355  removed from the airport upon payment in full of all accrued
 3356  charges for reasonable towing, storage, and parking fees, if
 3357  any, may be disposed of as provided in s. 705.182(2)(a), (b),
 3358  (d), or (e), including, but not limited to, the motor vehicle
 3359  being sold free of all prior liens after 35 calendar days after
 3360  the time the motor vehicle is stored if any prior liens on the
 3361  motor vehicle are more than 5 years of age or after 50 calendar
 3362  days after the time the motor vehicle is stored if any prior
 3363  liens on the motor vehicle are 5 years of age or less.
 3364         (6) The airport pursuant to this section or, if used, a
 3365  licensed independent wrecker company pursuant to s. 713.78 shall
 3366  have a lien on an abandoned or derelict motor vehicle for all
 3367  reasonable towing, storage, and accrued parking fees, if any,
 3368  except that no storage fee may shall be charged if the motor
 3369  vehicle is stored less than 6 hours. As a prerequisite to
 3370  perfecting a lien under this section, the airport director or
 3371  the director’s designee must serve a notice in accordance with
 3372  subsection (2) on the owner of the motor vehicle, the insurance
 3373  company insuring the motor vehicle, notwithstanding the
 3374  provisions of s. 627.736, and all persons of record claiming a
 3375  lien against the motor vehicle. If attempts to notify the owner,
 3376  the insurance company insuring the motor vehicle,
 3377  notwithstanding the provisions of s. 627.736, or lienholders are
 3378  not successful, the requirement of notice by mail shall be
 3379  considered met. Serving of the notice does not dispense with
 3380  recording the claim of lien.
 3381         (7)(a) For the purpose of perfecting its lien under this
 3382  section, the airport shall record a claim of lien which states
 3383  shall state:
 3384         1. The name and address of the airport.
 3385         2. The name of the owner of the motor vehicle, the
 3386  insurance company insuring the motor vehicle, notwithstanding
 3387  the provisions of s. 627.736, and all persons of record claiming
 3388  a lien against the motor vehicle.
 3389         3. The costs incurred from reasonable towing, storage, and
 3390  parking fees, if any.
 3391         4. A description of the motor vehicle sufficient for
 3392  identification.
 3393         (b) The claim of lien must shall be signed and sworn to or
 3394  affirmed by the airport director or the director’s designee.
 3395         (c) The claim of lien is shall be sufficient if it is in
 3396  substantially the following form:
 3397  
 3398                            CLAIM OF LIEN                          
 3399  State of ........
 3400  County of ........
 3401  Before me, the undersigned notary public, personally appeared
 3402  ........, who was duly sworn and says that he/she is the
 3403  ........ of ............, whose address is........; and that the
 3404  following described motor vehicle:
 3405  ...(Description of motor vehicle)...
 3406  owned by ........, whose address is ........, has accrued
 3407  $........ in fees for a reasonable tow, for storage, and for
 3408  parking, if applicable; that the lienor served its notice to the
 3409  owner, the insurance company insuring the motor vehicle
 3410  notwithstanding the provisions of s. 627.736, Florida Statutes,
 3411  and all persons of record claiming a lien against the motor
 3412  vehicle on ...., ...(year)..., by.........
 3413  ...(Signature)...
 3414  Sworn to (or affirmed) and subscribed before me this .... day of
 3415  ...., ...(year)..., by ...(name of person making statement)....
 3416  ...(Signature of Notary Public)......(Print, Type, or Stamp
 3417  Commissioned name of Notary Public)...
 3418  Personally Known....OR Produced....as identification.
 3419  
 3420  However, the negligent inclusion or omission of any information
 3421  in this claim of lien which does not prejudice the owner does
 3422  not constitute a default that operates to defeat an otherwise
 3423  valid lien.
 3424         (d) The claim of lien must shall be served on the owner of
 3425  the motor vehicle, the insurance company insuring the motor
 3426  vehicle, notwithstanding the provisions of s. 627.736, and all
 3427  persons of record claiming a lien against the motor vehicle. If
 3428  attempts to notify the owner, the insurance company insuring the
 3429  motor vehicle notwithstanding the provisions of s. 627.736, or
 3430  lienholders are not successful, the requirement of notice by
 3431  mail shall be considered met. The claim of lien must shall be so
 3432  served before recordation.
 3433         (e) The claim of lien must shall be recorded with the clerk
 3434  of court in the county where the airport is located. The
 3435  recording of the claim of lien shall be constructive notice to
 3436  all persons of the contents and effect of such claim. The lien
 3437  attaches shall attach at the time of recordation and takes shall
 3438  take priority as of that time.
 3439         Section 49. Subsection (4) of section 713.78, Florida
 3440  Statutes, is amended to read:
 3441         713.78 Liens for recovering, towing, or storing vehicles
 3442  and vessels.—
 3443         (4)(a) Any person regularly engaged in the business of
 3444  recovering, towing, or storing vehicles or vessels who comes
 3445  into possession of a vehicle or vessel pursuant to subsection
 3446  (2), and who claims a lien for recovery, towing, or storage
 3447  services, shall give notice to the registered owner, the
 3448  insurance company insuring the vehicle notwithstanding the
 3449  provisions of s. 627.736, and to all persons claiming a lien
 3450  thereon, as disclosed by the records in the Department of
 3451  Highway Safety and Motor Vehicles or as disclosed by the records
 3452  of any corresponding agency in any other state in which the
 3453  vehicle is identified through a records check of the National
 3454  Motor Vehicle Title Information System or an equivalent
 3455  commercially available system as being titled or registered.
 3456         (b) If a Whenever any law enforcement agency authorizes the
 3457  removal of a vehicle or vessel or if a whenever any towing
 3458  service, garage, repair shop, or automotive service, storage, or
 3459  parking place notifies the law enforcement agency of possession
 3460  of a vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
 3461  enforcement agency of the jurisdiction where the vehicle or
 3462  vessel is stored shall contact the Department of Highway Safety
 3463  and Motor Vehicles, or the appropriate agency of the state of
 3464  registration, if known, within 24 hours through the medium of
 3465  electronic communications, giving the full description of the
 3466  vehicle or vessel. Upon receipt of the full description of the
 3467  vehicle or vessel, the department shall search its files to
 3468  determine the owner’s name, the insurance company insuring the
 3469  vehicle or vessel, and whether any person has filed a lien upon
 3470  the vehicle or vessel as provided in s. 319.27(2) and (3) and
 3471  notify the applicable law enforcement agency within 72 hours.
 3472  The person in charge of the towing service, garage, repair shop,
 3473  or automotive service, storage, or parking place shall obtain
 3474  such information from the applicable law enforcement agency
 3475  within 5 days after the date of storage and shall give notice
 3476  pursuant to paragraph (a). The department may release the
 3477  insurance company information to the requestor notwithstanding
 3478  the provisions of s. 627.736.
 3479         (c) Notice by certified mail must shall be sent within 7
 3480  business days after the date of storage of the vehicle or vessel
 3481  to the registered owner, the insurance company insuring the
 3482  vehicle notwithstanding the provisions of s. 627.736, and all
 3483  persons of record claiming a lien against the vehicle or vessel.
 3484  The notice must It shall state the fact of possession of the
 3485  vehicle or vessel, that a lien as provided in subsection (2) is
 3486  claimed, that charges have accrued and the amount thereof, that
 3487  the lien is subject to enforcement pursuant to law, and that the
 3488  owner or lienholder, if any, has the right to a hearing as set
 3489  forth in subsection (5), and that any vehicle or vessel which
 3490  remains unclaimed, or for which the charges for recovery,
 3491  towing, or storage services remain unpaid, may be sold free of
 3492  all prior liens after 35 days if the vehicle or vessel is more
 3493  than 3 years of age or after 50 days if the vehicle or vessel is
 3494  3 years of age or less.
 3495         (d) If attempts to locate the name and address of the owner
 3496  or lienholder prove unsuccessful, the towing-storage operator
 3497  must shall, after 7 working days, excluding Saturday and Sunday,
 3498  of the initial tow or storage, notify the public agency of
 3499  jurisdiction where the vehicle or vessel is stored in writing by
 3500  certified mail or acknowledged hand delivery that the towing
 3501  storage company has been unable to locate the name and address
 3502  of the owner or lienholder and a physical search of the vehicle
 3503  or vessel has disclosed no ownership information and a good
 3504  faith effort has been made, including records checks of the
 3505  Department of Highway Safety and Motor Vehicles database and the
 3506  National Motor Vehicle Title Information System or an equivalent
 3507  commercially available system. As used in For purposes of this
 3508  paragraph and subsection (9), the term “good faith effort” means
 3509  that the following checks have been performed by the company to
 3510  establish prior state of registration and for title:
 3511         1. Check of the Department of Highway Safety and Motor
 3512  Vehicles database for the owner and any lienholder.
 3513         2. Check of the electronic National Motor Vehicle Title
 3514  Information System or an equivalent commercially available
 3515  system to determine the state of registration when there is not
 3516  a current registration record for the vehicle on file with the
 3517  Department of Highway Safety and Motor Vehicles.
 3518         3. Check of vehicle or vessel for any type of tag, tag
 3519  record, temporary tag, or regular tag.
 3520         4. Check of law enforcement report for tag number or other
 3521  information identifying the vehicle or vessel, if the vehicle or
 3522  vessel was towed at the request of a law enforcement officer.
 3523         5. Check of trip sheet or tow ticket of tow truck operator
 3524  to see if a tag was on vehicle or vessel at beginning of tow, if
 3525  private tow.
 3526         6. If there is no address of the owner on the impound
 3527  report, check of law enforcement report to see if an out-of
 3528  state address is indicated from driver license information.
 3529         7. Check of vehicle or vessel for inspection sticker or
 3530  other stickers and decals that may indicate a state of possible
 3531  registration.
 3532         8. Check of the interior of the vehicle or vessel for any
 3533  papers that may be in the glove box, trunk, or other areas for a
 3534  state of registration.
 3535         9. Check of vehicle for vehicle identification number.
 3536         10. Check of vessel for vessel registration number.
 3537         11. Check of vessel hull for a hull identification number
 3538  which should be carved, burned, stamped, embossed, or otherwise
 3539  permanently affixed to the outboard side of the transom or, if
 3540  there is no transom, to the outmost seaboard side at the end of
 3541  the hull that bears the rudder or other steering mechanism.
 3542         Section 50. Paragraph (a) of subsection (1), paragraph (c)
 3543  of subsection (7), paragraphs (a), (b), and (c) of subsection
 3544  (8), and subsections (9) and (10) of section 817.234, Florida
 3545  Statutes, are amended to read:
 3546         817.234 False and fraudulent insurance claims.—
 3547         (1)(a) A person commits insurance fraud punishable as
 3548  provided in subsection (11) if that person, with the intent to
 3549  injure, defraud, or deceive any insurer:
 3550         1. Presents or causes to be presented any written or oral
 3551  statement as part of, or in support of, a claim for payment or
 3552  other benefit pursuant to an insurance policy or a health
 3553  maintenance organization subscriber or provider contract,
 3554  knowing that such statement contains any false, incomplete, or
 3555  misleading information concerning any fact or thing material to
 3556  such claim;
 3557         2. Prepares or makes any written or oral statement that is
 3558  intended to be presented to an any insurer in connection with,
 3559  or in support of, any claim for payment or other benefit
 3560  pursuant to an insurance policy or a health maintenance
 3561  organization subscriber or provider contract, knowing that such
 3562  statement contains any false, incomplete, or misleading
 3563  information concerning any fact or thing material to such claim;
 3564         3.a. Knowingly presents, causes to be presented, or
 3565  prepares or makes with knowledge or belief that it will be
 3566  presented to an any insurer, purported insurer, servicing
 3567  corporation, insurance broker, or insurance agent, or any
 3568  employee or agent thereof, any false, incomplete, or misleading
 3569  information or a written or oral statement as part of, or in
 3570  support of, an application for the issuance of, or the rating
 3571  of, any insurance policy, or a health maintenance organization
 3572  subscriber or provider contract; or
 3573         b. Knowingly conceals information concerning any fact
 3574  material to such application; or
 3575         4. Knowingly presents, causes to be presented, or prepares
 3576  or makes with knowledge or belief that it will be presented to
 3577  any insurer a claim for payment or other benefit under medical
 3578  payments coverage in a motor vehicle a personal injury
 3579  protection insurance policy if the person knows that the payee
 3580  knowingly submitted a false, misleading, or fraudulent
 3581  application or other document when applying for licensure as a
 3582  health care clinic, seeking an exemption from licensure as a
 3583  health care clinic, or demonstrating compliance with part X of
 3584  chapter 400.
 3585         (7)
 3586         (c) An insurer, or any person acting at the direction of or
 3587  on behalf of an insurer, may not change an opinion in a mental
 3588  or physical report prepared under s. 627.7265(9) s. 627.736(7)
 3589  or direct the physician preparing the report to change such
 3590  opinion; however, this provision does not preclude the insurer
 3591  from calling to the attention of the physician errors of fact in
 3592  the report based upon information in the claim file. Any person
 3593  who violates this paragraph commits a felony of the third
 3594  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 3595  775.084.
 3596         (8)(a) It is unlawful for any person intending to defraud
 3597  any other person to solicit or cause to be solicited any
 3598  business from a person involved in a motor vehicle accident for
 3599  the purpose of making, adjusting, or settling motor vehicle tort
 3600  claims or claims for benefits under medical payments coverage in
 3601  a motor vehicle insurance policy personal injury protection
 3602  benefits required by s. 627.736. Any person who violates the
 3603  provisions of this paragraph commits a felony of the second
 3604  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 3605  775.084. A person who is convicted of a violation of this
 3606  subsection shall be sentenced to a minimum term of imprisonment
 3607  of 2 years.
 3608         (b) A person may not solicit or cause to be solicited any
 3609  business from a person involved in a motor vehicle accident by
 3610  any means of communication other than advertising directed to
 3611  the public for the purpose of making motor vehicle tort claims
 3612  or claims for benefits under medical payments coverage in a
 3613  motor vehicle insurance policy personal injury protection
 3614  benefits required by s. 627.736, within 60 days after the
 3615  occurrence of the motor vehicle accident. Any person who
 3616  violates this paragraph commits a felony of the third degree,
 3617  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 3618         (c) A lawyer, health care practitioner as defined in s.
 3619  456.001, or owner or medical director of a clinic required to be
 3620  licensed pursuant to s. 400.9905 may not, at any time after 60
 3621  days have elapsed from the occurrence of a motor vehicle
 3622  accident, solicit or cause to be solicited any business from a
 3623  person involved in a motor vehicle accident by means of in
 3624  person or telephone contact at the person’s residence, for the
 3625  purpose of making motor vehicle tort claims or claims for
 3626  benefits under medical payments coverage in a motor vehicle
 3627  insurance policy personal injury protection benefits required by
 3628  s. 627.736. Any person who violates this paragraph commits a
 3629  felony of the third degree, punishable as provided in s.
 3630  775.082, s. 775.083, or s. 775.084.
 3631         (9) A person may not organize, plan, or knowingly
 3632  participate in an intentional motor vehicle crash or a scheme to
 3633  create documentation of a motor vehicle crash that did not occur
 3634  for the purpose of making motor vehicle tort claims or claims
 3635  for benefits under medical payments coverage in a motor vehicle
 3636  insurance policy personal injury protection benefits as required
 3637  by s. 627.736. Any person who violates this subsection commits a
 3638  felony of the second degree, punishable as provided in s.
 3639  775.082, s. 775.083, or s. 775.084. A person who is convicted of
 3640  a violation of this subsection shall be sentenced to a minimum
 3641  term of imprisonment of 2 years.
 3642         (10) A licensed health care practitioner who is found
 3643  guilty of insurance fraud under this section for an act relating
 3644  to a motor vehicle personal injury protection insurance policy
 3645  loses his or her license to practice for 5 years and may not
 3646  receive reimbursement under medical payments coverage in a motor
 3647  vehicle insurance policy for personal injury protection benefits
 3648  for 10 years.
 3649         Section 51. Applicability and construction; notice to
 3650  policyholders.—
 3651         (1) As used in this section, the term “minimum security
 3652  requirements” means security that enables a person to respond in
 3653  damages for liability on account of crashes arising out of the
 3654  ownership, maintenance, or use of a motor vehicle in the amounts
 3655  required by s. 324.021(7), Florida Statutes.
 3656         (2) Effective January 1, 2019:
 3657         (a) Motor vehicle insurance policies issued or renewed on
 3658  or after that date may not include personal injury protection.
 3659         (b) All persons subject to s. 324.022, s. 324.032, s.
 3660  627.7415, or s. 627.742, Florida Statutes, must maintain at
 3661  least minimum security requirements.
 3662         (c) Any new or renewal motor vehicle insurance policy
 3663  delivered or issued for delivery in this state must provide
 3664  coverage that complies with minimum security requirements.
 3665         (d) Any new or renewal motor vehicle insurance policy
 3666  furnished to an owner or operator of a motor vehicle as proof of
 3667  financial responsibility pursuant to s. 324.022 or s. 324.031,
 3668  Florida Statutes, must provide medical payments coverage that
 3669  complies with s. 627.7265, Florida Statutes.
 3670         (e) An existing motor vehicle insurance policy issued
 3671  before that date which provides personal injury protection and
 3672  property damage liability coverage that meets the requirements
 3673  of s. 324.022, Florida Statutes, on December 31, 2018, but which
 3674  does not meet minimum security requirements on or after January
 3675  1, 2019, is deemed to meet the security requirements of s.
 3676  324.022, Florida Statutes, and the medical payments coverage
 3677  requirements of s. 627.7265, Florida Statutes, until such policy
 3678  is renewed, nonrenewed, or canceled on or after January 1, 2019.
 3679         (3) Each insurer shall allow each insured who has a new or
 3680  renewal policy providing personal injury protection, which
 3681  becomes effective before January 1, 2019, and whose policy does
 3682  not meet minimum security requirements on or after January 1,
 3683  2019, to change coverages so as to eliminate personal injury
 3684  protection and obtain coverage providing minimum security
 3685  requirements, which shall be effective on or after January 1,
 3686  2019. The insurer is not required to provide coverage complying
 3687  with minimum security requirements in such policies if the
 3688  insured does not pay the required premium, if any, by January 1,
 3689  2019, or such later date as the insurer may allow. Any reduction
 3690  in the premium must be refunded by the insurer. The insurer may
 3691  not impose on the insured an additional fee or charge that
 3692  applies solely to a change in coverage; however, the insurer may
 3693  charge an additional required premium that is actuarially
 3694  indicated.
 3695         (4) By September 1, 2018, each motor vehicle insurer shall
 3696  provide notice of this section to each motor vehicle
 3697  policyholder who is subject to this section. The notice is
 3698  subject to approval by the Office of Insurance Regulation and
 3699  must clearly inform the policyholder that:
 3700         (a) The Florida Motor Vehicle No-Fault Law is repealed,
 3701  effective January 1, 2019, and that on or after that date, the
 3702  insured is no longer required to maintain personal injury
 3703  protection insurance coverage, that personal injury protection
 3704  coverage is no longer available for purchase in this state, and
 3705  that all new or renewal policies issued on or after that date do
 3706  not contain such coverage.
 3707         (b) Effective January 1, 2019, a person subject to the
 3708  financial responsibility requirements of s. 324.022, Florida
 3709  Statutes, must maintain minimum security requirements that
 3710  enable the person to respond in damages for liability on account
 3711  of accidents arising out of the ownership, maintenance, or use
 3712  of a motor vehicle in the following amounts:
 3713         1.Beginning January 1, 2019, and continuing through
 3714  December 31, 2020:
 3715         a. Twenty thousand dollars for bodily injury to, or the
 3716  death of, one person in any one crash and, subject to such
 3717  limits for one person, in the amount of $40,000 for bodily
 3718  injury to, or the death of, two or more persons in any one
 3719  crash; and
 3720         b.Ten thousand dollars for damage to, or destruction of,
 3721  the property of others in any one crash.
 3722         2. Beginning January 1, 2021, and continuing through
 3723  December 31, 2022:
 3724         a. Twenty-five thousand dollars for bodily injury to, or
 3725  the death of, one person in any one crash and, subject to such
 3726  limits for one person, in the amount of $50,000 for bodily
 3727  injury to, or the death of, two or more persons in any one
 3728  crash; and
 3729         b.Ten thousand dollars for damage to, or destruction of,
 3730  the property of others in any one crash.
 3731         3. Beginning January 1, 2023, and continuing thereafter:
 3732         a.Thirty thousand dollars for bodily injury to, or the
 3733  death of, one person in any one crash and, subject to such
 3734  limits for one person, in the amount of $60,000 for bodily
 3735  injury to, or the death of, two or more persons in any one
 3736  crash; and
 3737         b.Ten thousand dollars for damage to, or destruction of,
 3738  the property of others in any one crash.
 3739         (c) Personal injury protection insurance paid covered
 3740  medical expenses for injuries sustained in a motor vehicle crash
 3741  by the policyholder, passengers, and relatives residing in the
 3742  policyholder’s household.
 3743         (d) Bodily injury liability coverage protects the insured,
 3744  up to the coverage limits, against loss if the insured is
 3745  legally responsible for the death of or bodily injury to others
 3746  in a motor vehicle accident.
 3747         (e) Effective January 1, 2019, a person who purchases a
 3748  motor vehicle liability insurance policy as proof of financial
 3749  responsibility must maintain medical payments coverage that
 3750  complies with s. 627.7265, Florida Statutes. Medical payments
 3751  coverage pays covered medical expenses, up to the limits of such
 3752  coverage, for injuries sustained in a motor vehicle crash by the
 3753  policyholder, passengers, and relatives residing in the
 3754  policyholder’s household, as provided in s. 627.7265, Florida
 3755  Statutes.
 3756         (f) The policyholder may obtain underinsured motorist
 3757  coverage, which provides benefits, up to the limits of such
 3758  coverage, to a policyholder or other insured entitled to recover
 3759  damages for bodily injury, sickness, disease, or death resulting
 3760  from a motor vehicle accident with an uninsured or underinsured
 3761  owner or operator of a motor vehicle.
 3762         (g) If the policyholder’s new or renewal motor vehicle
 3763  insurance policy is effective before January 1, 2019, and
 3764  contains personal injury protection and property damage
 3765  liability coverage as required by state law before January 1,
 3766  2019, but does not meet minimum security requirements on or
 3767  after January 1, 2019, the policy is deemed to meet minimum
 3768  security requirements until it is renewed, nonrenewed, or
 3769  canceled on or after January 1, 2019.
 3770         (h) A policyholder whose new or renewal policy becomes
 3771  effective before January 1, 2019, but does not meet minimum
 3772  security requirements on or after January 1, 2019, may change
 3773  coverages under the policy so as to eliminate personal injury
 3774  protection and to obtain coverage providing minimum security
 3775  requirements, including bodily injury liability coverage, which
 3776  are effective on or after January 1, 2019.
 3777         (i) If the policyholder has any questions, he or she should
 3778  contact the person named at the telephone number provided in the
 3779  notice.
 3780         (5) This section takes effect upon this act becoming a law.
 3781         Section 52. Application of suspensions for failure to
 3782  maintain security; reinstatement.—All suspensions for failure to
 3783  maintain required security as required by law in effect before
 3784  January 1, 2019, remain in full force and effect after January
 3785  1, 2019. A driver may reinstate a suspended driver license or
 3786  registration as provided under s. 324.0221, Florida Statutes.
 3787         Section 53. Except as otherwise expressly provided in this
 3788  act and except for this section, which shall take effect upon
 3789  this act becoming a law, this act shall take effect January 1,
 3790  2019.