Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1052
                              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)
    4         Delete lines 801 - 845
    5  and insert:
    6  or persons owner named 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 such motor vehicle or
   12  motor vehicles within the United States or the Dominion of
   13  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 shall insure the person or persons named therein
   24  against loss from the liability imposed upon him or her by 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 shall
   31  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 shall contain an
   34  agreement or be endorsed that insurance is provided in
   35  accordance with the coverage defined in this chapter as respects
   36  bodily injury and death or property damage or both and is
   37  subject to all provisions of this chapter. The Said policies
   38  must shall also contain a provision that the satisfaction by an
   39  insured of a judgment for such injury or damage may shall not 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 shall also contain a provision that bankruptcy or
   43  insolvency of the insured or of the insured’s estate may shall
   44  not relieve the insurance carrier of any of its obligations
   45  under the said policy.
   46         (2) The provisions of This section is shall not be
   47  applicable to any motor vehicle automobile liability 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 after the date the said policy is so
   51  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).
   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.