Florida Senate - 2018                                      SB 78
       By Senator Campbell
       38-00079-18                                             201878__
    1                        A bill to be entitled                      
    2         An act relating to a motor vehicle insurance online
    3         verification system; creating s. 324.252, F.S.;
    4         requiring the Department of Highway Safety and Motor
    5         Vehicles to establish an online verification system
    6         for motor vehicle insurance; specifying requirements
    7         for the system; requiring the department to conduct a
    8         pilot program to test the system; authorizing the
    9         department to contract with a private vendor for a
   10         specified purpose; requiring the system to be
   11         installed and operational by a specified date;
   12         authorizing law enforcement officers to access
   13         information from the system for specified purposes;
   14         specifying requirements for insurers; requiring the
   15         department to adopt rules; amending s. 320.02, F.S.;
   16         providing requirements relating to the registration of
   17         motor vehicles upon implementation of the system;
   18         amending s. 324.0221, F.S.; requiring the department
   19         to implement by rule a method of insurance
   20         verification using the system under certain
   21         circumstances; requiring the system to provide certain
   22         procedures; providing an effective date.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. Section 324.252, Florida Statutes, is created to
   27  read:
   28         324.252Motor vehicle insurance online verification
   29  system.—
   30         (1)The department shall establish an online verification
   31  system for motor vehicle insurance, subject to the following:
   32         (a)The verification system must be accessible through the
   33  Internet by authorized personnel of the department, the courts,
   34  law enforcement personnel, any other entities authorized by the
   35  department, and insurers authorized by the Office of Insurance
   36  Regulation to offer motor vehicle insurance.
   37         (b)The verification system must provide for direct access
   38  to insurers’ records by personnel authorized by the department.
   39         (c)The department must conduct a pilot program to test the
   40  verification system before statewide use. However, the
   41  verification system must be installed and operational by July 1,
   42  2020.
   43         (d)The verification system must be available 24 hours a
   44  day to verify the insurance status of any vehicle registered in
   45  this state through the vehicle identification number, policy
   46  number, registered owner’s name, or other identifying
   47  characteristic or marker as prescribed by the department.
   48         (e)The department may contract with a private vendor to
   49  assist in establishing and maintaining the verification system.
   50         (f)The verification system must include appropriate
   51  provisions, consistent with industry standards, to secure its
   52  data against unauthorized access and to maintain a record of all
   53  information requests.
   54         (g)Information contained in the verification system which
   55  is otherwise exempt from public disclosure remains confidential
   56  or exempt from s. 119.07(1) and remains exempt from public
   57  disclosure.
   58         (h)A law enforcement officer may, during a traffic stop or
   59  accident investigation, access information from the verification
   60  system to establish compliance with this chapter and to verify
   61  the current validity of the policy described on any insurance
   62  identification card produced by the operator of a motor vehicle
   63  during the traffic stop or accident investigation.
   64         (2)Insurers shall cooperate with the department in
   65  establishing and maintaining the verification system and shall
   66  provide access to motor vehicle insurance policy status
   67  information.
   68         (3)The department shall adopt rules to administer this
   69  section.
   70         Section 2. Paragraph (f) is added to subsection (5) of
   71  section 320.02, Florida Statutes, to read:
   72         320.02 Registration required; application for registration;
   73  forms.—
   74         (5)
   75         (f)Upon implementation of the online verification system
   76  in s. 324.252, the online verification replaces the procedures
   77  in this subsection, and each registering agency shall use the
   78  system unless the system is not online or the required
   79  information is not available. In such a case, the registering
   80  agency may accept verification as provided in this subsection to
   81  certify the existence of the required insurance before
   82  processing any application for motor vehicle registration.
   83         Section 3. Subsection (4) is added to section 324.0221,
   84  Florida Statutes, to read:
   85         324.0221 Reports by insurers to the department; suspension
   86  of driver license and vehicle registrations; reinstatement.—
   87         (4)The department shall implement by rule a method of
   88  insurance verification using the system in s. 324.252, which
   89  must be a method of determining verification after the insurance
   90  verification provided at the time of registration of the
   91  vehicle, after reinstatement for a suspension for a violation of
   92  this chapter, or if the department believes an owner or operator
   93  of a motor vehicle is not in compliance with this chapter. The
   94  system must provide procedures for direct inquiry and response
   95  between the department and insurers.
   96         Section 4. This act shall take effect July 1, 2018.