Florida Senate - 2018                                     SB 518
       By Senator Bean
       4-00624-18                                             2018518__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle insurance coverage
    3         exclusions; creating s. 627.747, F.S.; providing that
    4         private passenger motor vehicle policies may exclude
    5         certain identified individuals from specified
    6         coverages under certain circumstances; providing that
    7         such policies may not exclude coverage under certain
    8         circumstances; amending ss. 324.151, 627.736, and
    9         627.7407, F.S.; conforming provisions to changes made
   10         by the act; providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Section 627.747, Florida Statutes, is created to
   15  read:
   16         627.747 Named driver exclusion.—
   17         (1) A private passenger motor vehicle policy may exclude an
   18  identified individual who is not a named insured from the
   19  following coverages while the identified individual is operating
   20  a motor vehicle, provided the identified individual is named on
   21  the declarations page or by endorsement, and the named insured
   22  consents in writing to such exclusion:
   23         (a)Notwithstanding the Florida Motor Vehicle No-Fault Law,
   24  the personal injury protection coverage specifically applicable
   25  to the identified individual’s injuries, lost wages, and death
   26  benefits.
   27         (b)Property damage liability coverage.
   28         (c)Bodily injury liability coverage, if required by law
   29  and purchased by the named insured.
   30         (d)Uninsured motorist coverage for any damages sustained
   31  by the identified excluded individual, if the named insured has
   32  purchased such coverage.
   33         (e) Any coverage the named insured is not required by law
   34  to purchase.
   35         (2)A private passenger motor vehicle policy may not
   36  exclude coverage when:
   37         (a) The identified individual is injured while not
   38  operating a motor vehicle;
   39         (b)The exclusion is unfairly discriminatory under the
   40  Florida Insurance Code, as determined by the office; or
   41         (c)The exclusion is inconsistent with the underwriting
   42  rules filed by the insurer pursuant to s. 627.0651(13)(a).
   43         Section 2. Paragraph (a) of subsection (1) of section
   44  324.151, Florida Statutes, is amended to read:
   45         324.151 Motor vehicle liability policies; required
   46  provisions.—
   47         (1) A motor vehicle liability policy to be proof of
   48  financial responsibility under s. 324.031(1), shall be issued to
   49  owners or operators under the following provisions:
   50         (a) An owner’s liability insurance policy must shall
   51  designate by explicit description or by appropriate reference
   52  all motor vehicles with respect to which coverage is thereby
   53  granted, must and shall insure the owner named therein, and,
   54  except for a named driver excluded under s. 627.747, must insure
   55  any other person as operator using such motor vehicle or motor
   56  vehicles with the express or implied permission of such owner
   57  against loss from the liability imposed by law for damage
   58  arising out of the ownership, maintenance, or use of such motor
   59  vehicle or motor vehicles within the United States or the
   60  Dominion of Canada, subject to limits, exclusive of interest and
   61  costs with respect to each such motor vehicle as is provided for
   62  under s. 324.021(7). Insurers may make available, with respect
   63  to property damage liability coverage, a deductible amount not
   64  to exceed $500. In the event of a property damage loss covered
   65  by a policy containing a property damage deductible provision,
   66  the insurer shall pay to the third-party claimant the amount of
   67  any property damage liability settlement or judgment, subject to
   68  policy limits, as if no deductible existed.
   69         Section 3. Subsection (1) of section 627.736, Florida
   70  Statutes, is amended to read:
   71         627.736 Required personal injury protection benefits;
   72  exclusions; priority; claims.—
   73         (1) REQUIRED BENEFITS.—An insurance policy complying with
   74  the security requirements of s. 627.733 must provide personal
   75  injury protection to the named insured, relatives residing in
   76  the same household unless excluded under s. 627.747, persons
   77  operating the insured motor vehicle, passengers in the motor
   78  vehicle, and other persons struck by the motor vehicle and
   79  suffering bodily injury while not an occupant of a self
   80  propelled vehicle, subject to subsection (2) and paragraph
   81  (4)(e), to a limit of $10,000 in medical and disability benefits
   82  and $5,000 in death benefits resulting from bodily injury,
   83  sickness, disease, or death arising out of the ownership,
   84  maintenance, or use of a motor vehicle as follows:
   85         (a) Medical benefits.—Eighty percent of all reasonable
   86  expenses for medically necessary medical, surgical, X-ray,
   87  dental, and rehabilitative services, including prosthetic
   88  devices and medically necessary ambulance, hospital, and nursing
   89  services if the individual receives initial services and care
   90  pursuant to subparagraph 1. within 14 days after the motor
   91  vehicle accident. The medical benefits provide reimbursement
   92  only for:
   93         1. Initial services and care that are lawfully provided,
   94  supervised, ordered, or prescribed by a physician licensed under
   95  chapter 458 or chapter 459, a dentist licensed under chapter
   96  466, or a chiropractic physician licensed under chapter 460 or
   97  that are provided in a hospital or in a facility that owns, or
   98  is wholly owned by, a hospital. Initial services and care may
   99  also be provided by a person or entity licensed under part III
  100  of chapter 401 which provides emergency transportation and
  101  treatment.
  102         2. Upon referral by a provider described in subparagraph
  103  1., followup services and care consistent with the underlying
  104  medical diagnosis rendered pursuant to subparagraph 1. which may
  105  be provided, supervised, ordered, or prescribed only by a
  106  physician licensed under chapter 458 or chapter 459, a
  107  chiropractic physician licensed under chapter 460, a dentist
  108  licensed under chapter 466, or, to the extent permitted by
  109  applicable law and under the supervision of such physician,
  110  osteopathic physician, chiropractic physician, or dentist, by a
  111  physician assistant licensed under chapter 458 or chapter 459 or
  112  an advanced registered nurse practitioner licensed under chapter
  113  464. Followup services and care may also be provided by the
  114  following persons or entities:
  115         a. A hospital or ambulatory surgical center licensed under
  116  chapter 395.
  117         b. An entity wholly owned by one or more physicians
  118  licensed under chapter 458 or chapter 459, chiropractic
  119  physicians licensed under chapter 460, or dentists licensed
  120  under chapter 466 or by such practitioners and the spouse,
  121  parent, child, or sibling of such practitioners.
  122         c. An entity that owns or is wholly owned, directly or
  123  indirectly, by a hospital or hospitals.
  124         d. A physical therapist licensed under chapter 486, based
  125  upon a referral by a provider described in this subparagraph.
  126         e. A health care clinic licensed under part X of chapter
  127  400 which is accredited by an accrediting organization whose
  128  standards incorporate comparable regulations required by this
  129  state, or
  130         (I) Has a medical director licensed under chapter 458,
  131  chapter 459, or chapter 460;
  132         (II) Has been continuously licensed for more than 3 years
  133  or is a publicly traded corporation that issues securities
  134  traded on an exchange registered with the United States
  135  Securities and Exchange Commission as a national securities
  136  exchange; and
  137         (III) Provides at least four of the following medical
  138  specialties:
  139         (A) General medicine.
  140         (B) Radiography.
  141         (C) Orthopedic medicine.
  142         (D) Physical medicine.
  143         (E) Physical therapy.
  144         (F) Physical rehabilitation.
  145         (G) Prescribing or dispensing outpatient prescription
  146  medication.
  147         (H) Laboratory services.
  148         3. Reimbursement for services and care provided in
  149  subparagraph 1. or subparagraph 2. up to $10,000 if a physician
  150  licensed under chapter 458 or chapter 459, a dentist licensed
  151  under chapter 466, a physician assistant licensed under chapter
  152  458 or chapter 459, or an advanced registered nurse practitioner
  153  licensed under chapter 464 has determined that the injured
  154  person had an emergency medical condition.
  155         4. Reimbursement for services and care provided in
  156  subparagraph 1. or subparagraph 2. is limited to $2,500 if a
  157  provider listed in subparagraph 1. or subparagraph 2. determines
  158  that the injured person did not have an emergency medical
  159  condition.
  160         5. Medical benefits do not include massage as defined in s.
  161  480.033 or acupuncture as defined in s. 457.102, regardless of
  162  the person, entity, or licensee providing massage or
  163  acupuncture, and a licensed massage therapist or licensed
  164  acupuncturist may not be reimbursed for medical benefits under
  165  this section.
  166         6. The Financial Services Commission shall adopt by rule
  167  the form that must be used by an insurer and a health care
  168  provider specified in sub-subparagraph 2.b., sub-subparagraph
  169  2.c., or sub-subparagraph 2.e. to document that the health care
  170  provider meets the criteria of this paragraph. Such rule must
  171  include a requirement for a sworn statement or affidavit.
  172         (b) Disability benefits.—Sixty percent of any loss of gross
  173  income and loss of earning capacity per individual from
  174  inability to work proximately caused by the injury sustained by
  175  the injured person, plus all expenses reasonably incurred in
  176  obtaining from others ordinary and necessary services in lieu of
  177  those that, but for the injury, the injured person would have
  178  performed without income for the benefit of his or her
  179  household. All disability benefits payable under this provision
  180  must be paid at least every 2 weeks.
  181         (c) Death benefits.—Death benefits of $5,000 per
  182  individual. Death benefits are in addition to the medical and
  183  disability benefits provided under the insurance policy. The
  184  insurer may pay death benefits to the executor or administrator
  185  of the deceased, to any of the deceased’s relatives by blood,
  186  legal adoption, or marriage, or to any person appearing to the
  187  insurer to be equitably entitled to such benefits.
  189  Only insurers writing motor vehicle liability insurance in this
  190  state may provide the required benefits of this section, and
  191  such insurer may not require the purchase of any other motor
  192  vehicle coverage other than the purchase of property damage
  193  liability coverage as required by s. 627.7275 as a condition for
  194  providing such benefits. Insurers may not require that property
  195  damage liability insurance in an amount greater than $10,000 be
  196  purchased in conjunction with personal injury protection. Such
  197  insurers shall make benefits and required property damage
  198  liability insurance coverage available through normal marketing
  199  channels. An insurer writing motor vehicle liability insurance
  200  in this state who fails to comply with such availability
  201  requirement as a general business practice violates part IX of
  202  chapter 626, and such violation constitutes an unfair method of
  203  competition or an unfair or deceptive act or practice involving
  204  the business of insurance. An insurer committing such violation
  205  is subject to the penalties provided under that part, as well as
  206  those provided elsewhere in the insurance code.
  207         Section 4. Paragraph (a) of subsection (5) of section
  208  627.7407, Florida Statutes, is amended to read:
  209         627.7407 Application of the Florida Motor Vehicle No-Fault
  210  Law.—
  211         (5) No later than November 15, 2007, each motor vehicle
  212  insurer shall provide notice of the provisions of this section
  213  to each motor vehicle insured who is subject to subsection (1).
  214  The notice is not subject to approval by the Office of Insurance
  215  Regulation. The notice must clearly inform the policyholder:
  216         (a) That beginning on January 1, 2008, Florida law requires
  217  the policyholder to maintain personal injury protection (“PIP”)
  218  insurance coverage and that this insurance pays covered medical
  219  expenses for injuries sustained in a motor vehicle crash by the
  220  policyholder, passengers, and relatives residing in the
  221  policyholder’s household unless excluded under s. 627.747.
  222         Section 5. This act shall take effect July 1, 2018.