Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 1052 Ì507362%Î507362 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Infrastructure and Security (Hutson and Bean) recommended the following: 1 Senate Amendment to Amendment (579484) (with title 2 amendment) 3 4 Delete lines 801 - 845 5 and insert: 6 or persons
ownernamed therein, and, except for a named driver 7 excluded under s. 627.747, must insure any other person as 8 operator using such motor vehicle or motor vehicles with the 9 express or implied permission of such owner against loss from 10 the liability imposed by law for damage arising out of the 11 ownership, maintenance, or use of any suchmotor vehicle or 12 motor vehicles within the United States or the Dominion of13 Canada, subject to limits, exclusive of interest and costs with 14 respect to each such motor vehicle, as is provided for under s. 15 324.021(7). Insurers may make available, with respect to 16 property damage liability coverage, a deductible amount not to 17 exceed $500. In the event of a property damage loss covered by a 18 policy containing a property damage deductible provision, the 19 insurer shall pay to the third-party claimant the amount of any 20 property damage liability settlement or judgment, subject to 21 policy limits, as if no deductible existed. 22 (b) An operator’s motor vehicle liability policy of 23 insurance must shallinsure the person or persons named therein 24 against loss from the liability imposed upon him or herby law 25 for damages arising out of the use by the person of any motor 26 vehicle not owned by him or her, with the same territorial 27 limits and subject to the same limits of liability as referred 28 to above with respect to an owner’s policy of liability 29 insurance. 30 (c) All such motor vehicle liability policies must shall31 state the name and address of the named insured, the coverage 32 afforded by the policy, the premium charged therefor, the policy 33 period, and the limits of liability, and must shallcontain an 34 agreement or be endorsed that insurance is provided in 35 accordance with the coverage defined in this chapter as respects36 bodily injury and death or property damage or bothand is 37 subject to all provisions ofthis chapter. The Saidpolicies 38 must shallalso contain a provision that the satisfaction by an 39 insured of a judgment for such injury or damage may shallnot be 40 a condition precedent to the right or duty of the insurance 41 carrier to make payment on account of such injury or damage, and 42 must shallalso contain a provision that bankruptcy or 43 insolvency of the insured or of the insured’s estate may shall44 not relieve the insurance carrier of any of its obligations 45 under the saidpolicy. 46 (2) The provisions ofThis section is shallnot be47 applicable to any motor vehicle automobileliability policy 48 unless and until it is furnished as proof of financial 49 responsibility for the future pursuant to s. 324.031, and then 50 applies only from and afterthe date the saidpolicy is so51 furnished. 52 Section 22. Section 627.747, Florida Statutes, is 53 created to read: 54 627.747 Named driver exclusion.— 55 (1) A private passenger motor vehicle policy may exclude an 56 identified individual from the following coverages while the 57 identified individual is operating a motor vehicle, provided 58 that the identified individual is specifically excluded by name 59 on the declarations page or by endorsement, and a policyholder 60 consents in writing to such exclusion: 61 (a) Property damage liability coverage. 62 (b) Bodily injury liability coverage. 63 (c) Uninsured motorist coverage for any damages sustained 64 by the identified excluded individual, if the policyholder has 65 purchased such coverage. 66 (d) Any coverage the policyholder is not required by law to 67 purchase. 68 (2) A private passenger motor vehicle policy may not 69 exclude coverage when: 70 (a) The identified excluded individual is injured while not 71 operating a motor vehicle; 72 (b) The exclusion is unfairly discriminatory under the 73 Florida Insurance Code, as determined by the office; or 74 (c) The exclusion is inconsistent with the underwriting 75 rules filed by the insurer pursuant to s. 627.0651(13)(a). 76 77 ================= T I T L E A M E N D M E N T ================ 78 And the title is amended as follows: 79 Delete lines 2634 - 2635 80 and insert: 81 transportation vehicles; amending ss. 324.051, 82 324.071, and 324.091, F.S.; making technical changes; 83 amending s. 324.151, F.S.; conforming a provision to 84 changes made by the act; making technical changes; 85 creating s. 627.747, F.S.; providing that private 86 passenger motor vehicle policies may exclude certain 87 identified individuals from specified coverages under 88 certain circumstances; providing that such policies 89 may not exclude coverage under certain circumstances; 90 amending s.