Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1052
       
       
       
       
       
       
                                Ì579484SÎ579484                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Infrastructure and Security (Lee) recommended
       the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Sections 627.730, 627.731, 627.7311, 627.732,
    6  627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,
    7  and 627.7405, Florida Statutes, which comprise the Florida Motor
    8  Vehicle No-Fault Law, are repealed.
    9         Section 2. Section 627.7407, Florida Statutes, is repealed.
   10         Section 3. Subsection (1) of section 316.646, Florida
   11  Statutes, is amended to read:
   12         316.646 Security required; proof of security and display
   13  thereof.—
   14         (1) Any person required by s. 324.022 to maintain liability
   15  security for property damage, liability security, required by s.
   16  324.023 to maintain liability security for bodily injury, or
   17  death, or required by s. 627.733 to maintain personal injury
   18  protection security on a motor vehicle shall have in his or her
   19  immediate possession at all times while operating such motor
   20  vehicle proper proof of maintenance of the required security
   21  required under s. 324.021(7).
   22         (a) Such proof must shall be in a uniform paper or
   23  electronic format, as prescribed by the department, a valid
   24  insurance policy, an insurance policy binder, a certificate of
   25  insurance, or such other proof as may be prescribed by the
   26  department.
   27         (b)1. The act of presenting to a law enforcement officer an
   28  electronic device displaying proof of insurance in an electronic
   29  format does not constitute consent for the officer to access any
   30  information on the device other than the displayed proof of
   31  insurance.
   32         2. The person who presents the device to the officer
   33  assumes the liability for any resulting damage to the device.
   34         Section 4. Paragraph (b) of subsection (2) of section
   35  318.18, Florida Statutes, is amended to read:
   36         318.18 Amount of penalties.—The penalties required for a
   37  noncriminal disposition pursuant to s. 318.14 or a criminal
   38  offense listed in s. 318.17 are as follows:
   39         (2) Thirty dollars for all nonmoving traffic violations
   40  and:
   41         (b) For all violations of ss. 320.0605, 320.07(1), 322.065,
   42  and 322.15(1). A Any person who is cited for a violation of s.
   43  320.07(1) shall be charged a delinquent fee pursuant to s.
   44  320.07(4).
   45         1. If a person who is cited for a violation of s. 320.0605
   46  or s. 320.07 can show proof of having a valid registration at
   47  the time of arrest, the clerk of the court may dismiss the case
   48  and may assess a dismissal fee of up to $10. A person who finds
   49  it impossible or impractical to obtain a valid registration
   50  certificate must submit an affidavit detailing the reasons for
   51  the impossibility or impracticality. The reasons may include,
   52  but are not limited to, the fact that the vehicle was sold,
   53  stolen, or destroyed; that the state in which the vehicle is
   54  registered does not issue a certificate of registration; or that
   55  the vehicle is owned by another person.
   56         2. If a person who is cited for a violation of s. 322.03,
   57  s. 322.065, or s. 322.15 can show a driver license issued to him
   58  or her and valid at the time of arrest, the clerk of the court
   59  may dismiss the case and may assess a dismissal fee of up to
   60  $10.
   61         3. If a person who is cited for a violation of s. 316.646
   62  can show proof of security as required by s. 324.021(7) s.
   63  627.733, issued to the person and valid at the time of arrest,
   64  the clerk of the court may dismiss the case and may assess a
   65  dismissal fee of up to $10. A person who finds it impossible or
   66  impractical to obtain proof of security must submit an affidavit
   67  detailing the reasons for the impracticality. The reasons may
   68  include, but are not limited to, the fact that the vehicle has
   69  since been sold, stolen, or destroyed; that the owner or
   70  registrant of the vehicle is not required by s. 627.733 to
   71  maintain personal injury protection insurance; or that the
   72  vehicle is owned by another person.
   73         Section 5. Paragraphs (a) and (d) of subsection (5) of
   74  section 320.02, Florida Statutes, are amended to read:
   75         320.02 Registration required; application for registration;
   76  forms.—
   77         (5)(a) Proof that bodily injury liability coverage and
   78  property damage liability coverage personal injury protection
   79  benefits have been purchased if required under s. 324.022, s.
   80  324.032, or s. 627.742 s. 627.733, that property damage
   81  liability coverage has been purchased as required under s.
   82  324.022, that bodily injury liability or death coverage has been
   83  purchased if required under s. 324.023, and that combined bodily
   84  liability insurance and property damage liability insurance have
   85  been purchased if required under s. 627.7415 must shall be
   86  provided in the manner prescribed by law by the applicant at the
   87  time of application for registration of any motor vehicle that
   88  is subject to such requirements. The issuing agent may not shall
   89  refuse to issue registration if such proof of purchase is not
   90  provided. Insurers shall furnish uniform proof-of-purchase cards
   91  in a paper or electronic format in a form prescribed by the
   92  department and include the name of the insured’s insurance
   93  company, the coverage identification number, and the make, year,
   94  and vehicle identification number of the vehicle insured. The
   95  card must contain a statement notifying the applicant of the
   96  penalty specified under s. 316.646(4). The card or insurance
   97  policy, insurance policy binder, or certificate of insurance or
   98  a photocopy of any of these; an affidavit containing the name of
   99  the insured’s insurance company, the insured’s policy number,
  100  and the make and year of the vehicle insured; or such other
  101  proof as may be prescribed by the department constitutes shall
  102  constitute sufficient proof of purchase. If an affidavit is
  103  provided as proof, it must be in substantially the following
  104  form:
  105  
  106         Under penalty of perjury, I ...(Name of insured)... do
  107  hereby certify that I have ...(bodily injury liability and
  108  Personal Injury Protection, property damage liability, and, if
  109  required, Bodily Injury Liability)... insurance currently in
  110  effect with ...(Name of insurance company)... under ...(policy
  111  number)... covering ...(make, year, and vehicle identification
  112  number of vehicle).... ...(Signature of Insured)...
  113  
  114         Such affidavit must include the following warning:
  115  
  116         WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A
  117  VEHICLE REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER
  118  FLORIDA LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT
  119  IS SUBJECT TO PROSECUTION.
  120  
  121         If an application is made through a licensed motor vehicle
  122  dealer as required under s. 319.23, the original or a photocopy
  123  photostatic copy of such card, insurance policy, insurance
  124  policy binder, or certificate of insurance or the original
  125  affidavit from the insured must shall be forwarded by the dealer
  126  to the tax collector of the county or the Department of Highway
  127  Safety and Motor Vehicles for processing. By executing the
  128  aforesaid affidavit, a no licensed motor vehicle dealer is not
  129  will be liable in damages for any inadequacy, insufficiency, or
  130  falsification of any statement contained therein. A card must
  131  also indicate the existence of any bodily injury liability
  132  insurance voluntarily purchased.
  133         (d) The verifying of proof of personal injury protection
  134  insurance, proof of property damage liability insurance, proof
  135  of combined bodily liability insurance and property damage
  136  liability insurance, or proof of financial responsibility
  137  insurance and the issuance or failure to issue the motor vehicle
  138  registration under the provisions of this chapter may not be
  139  construed in any court as a warranty of the reliability or
  140  accuracy of the evidence of such proof, or as meaning that the
  141  provisions of any insurance policy furnished as proof of
  142  financial responsibility comply with state law. Neither the
  143  department nor any tax collector is liable in damages for any
  144  inadequacy, insufficiency, falsification, or unauthorized
  145  modification of any item of the proof of personal injury
  146  protection insurance, proof of property damage liability
  147  insurance, proof of combined bodily liability insurance and
  148  property damage liability insurance, or proof of financial
  149  responsibility before insurance prior to, during, or subsequent
  150  to the verification of the proof. The issuance of a motor
  151  vehicle registration does not constitute prima facie evidence or
  152  a presumption of insurance coverage.
  153         Section 6. Paragraph (b) of subsection (1) of section
  154  320.0609, Florida Statutes, is amended to read:
  155         320.0609 Transfer and exchange of registration license
  156  plates; transfer fee.—
  157         (1)
  158         (b) The transfer of a license plate from a vehicle disposed
  159  of to a newly acquired vehicle does not constitute a new
  160  registration. The application for transfer shall be accepted
  161  without requiring proof of personal injury protection or
  162  liability insurance.
  163         Section 7. Paragraph (g) is added to subsection (1) of
  164  section 320.27, Florida Statutes, and subsection (3) of that
  165  section is amended, to read:
  166         320.27 Motor vehicle dealers.—
  167         (1) DEFINITIONS.—The following words, terms, and phrases
  168  when used in this section have the meanings respectively
  169  ascribed to them in this subsection, except where the context
  170  clearly indicates a different meaning:
  171         (g)“Garage liability insurance” means, beginning January
  172  1, 2020, combined single-limit liability coverage, including
  173  property damage and bodily injury liability coverage, in the
  174  amount of at least $60,000.
  175         (3) APPLICATION AND FEE.—The application for the license
  176  application must shall be in such form as may be prescribed by
  177  the department and is shall be subject to such rules with
  178  respect thereto as may be so prescribed by the department it.
  179  Such application must shall be verified by oath or affirmation
  180  and must shall contain a full statement of the name and birth
  181  date of the person or persons applying for the license therefor;
  182  the name of the firm or copartnership, with the names and places
  183  of residence of all members thereof, if such applicant is a firm
  184  or copartnership; the names and places of residence of the
  185  principal officers, if the applicant is a body corporate or
  186  other artificial body; the name of the state under whose laws
  187  the corporation is organized; the present and former place or
  188  places of residence of the applicant; and the prior business in
  189  which the applicant has been engaged and its the location
  190  thereof. The Such application must shall describe the exact
  191  location of the place of business and must shall state whether
  192  the place of business is owned by the applicant and when
  193  acquired, or, if leased, a true copy of the lease must shall be
  194  attached to the application. The applicant shall certify that
  195  the location provides an adequately equipped office and is not a
  196  residence; that the location affords sufficient unoccupied space
  197  upon and within which adequately to store all motor vehicles
  198  offered and displayed for sale; and that the location is a
  199  suitable place where the applicant can in good faith carry on
  200  such business and keep and maintain books, records, and files
  201  necessary to conduct such business, which must shall be
  202  available at all reasonable hours to inspection by the
  203  department or any of its inspectors or other employees. The
  204  applicant shall certify that the business of a motor vehicle
  205  dealer is the principal business that will which shall be
  206  conducted at that location. The application must shall contain a
  207  statement that the applicant is either franchised by a
  208  manufacturer of motor vehicles, in which case the name of each
  209  motor vehicle that the applicant is franchised to sell must
  210  shall be included, or an independent (nonfranchised) motor
  211  vehicle dealer. The application must shall contain other
  212  relevant information as may be required by the department. The
  213  applicant shall furnish, including evidence, in a form approved
  214  by the department, that the applicant is insured under a garage
  215  liability insurance policy or a general liability insurance
  216  policy coupled with a business automobile policy having the
  217  coverages and limits of the garage liability insurance coverage
  218  in accordance with paragraph (1)(g), which shall include, at a
  219  minimum, $25,000 combined single-limit liability coverage
  220  including bodily injury and property damage protection and
  221  $10,000 personal injury protection. However, a salvage motor
  222  vehicle dealer as defined in subparagraph (1)(c)5. is exempt
  223  from the requirements for garage liability insurance and
  224  personal injury protection insurance on those vehicles that
  225  cannot be legally operated on roads, highways, or streets in
  226  this state. Franchise dealers must submit a garage liability
  227  insurance policy, and all other dealers must submit a garage
  228  liability insurance policy or a general liability insurance
  229  policy coupled with a business automobile policy. Such policy
  230  must shall be for the license period, and evidence of a new or
  231  continued policy must shall be delivered to the department at
  232  the beginning of each license period. Upon making an initial
  233  application, the applicant shall pay to the department a fee of
  234  $300 in addition to any other fees required by law. Applicants
  235  may choose to extend the licensure period for 1 additional year
  236  for a total of 2 years. An initial applicant shall pay to the
  237  department a fee of $300 for the first year and $75 for the
  238  second year, in addition to any other fees required by law. An
  239  applicant for renewal shall pay to the department $75 for a 1
  240  year renewal or $150 for a 2-year renewal, in addition to any
  241  other fees required by law. Upon making an application for a
  242  change of location, the applicant person shall pay a fee of $50
  243  in addition to any other fees now required by law. The
  244  department shall, in the case of every application for initial
  245  licensure, verify whether certain facts set forth in the
  246  application are true. Each applicant, general partner in the
  247  case of a partnership, or corporate officer and director in the
  248  case of a corporate applicant shall, must file a set of
  249  fingerprints with the department for the purpose of determining
  250  any prior criminal record or any outstanding warrants. The
  251  department shall submit the fingerprints to the Department of
  252  Law Enforcement for state processing and forwarding to the
  253  Federal Bureau of Investigation for federal processing. The
  254  actual cost of state and federal processing must shall be borne
  255  by the applicant and is in addition to the fee for licensure.
  256  The department may issue a license to an applicant pending the
  257  results of the fingerprint investigation, which license is fully
  258  revocable if the department subsequently determines that any
  259  facts set forth in the application are not true or correctly
  260  represented.
  261         Section 8. Paragraph (j) of subsection (3) of section
  262  320.771, Florida Statutes, is amended to read:
  263         320.771 License required of recreational vehicle dealers.—
  264         (3) APPLICATION.—The application for such license shall be
  265  in the form prescribed by the department and subject to such
  266  rules as may be prescribed by it. The application shall be
  267  verified by oath or affirmation and shall contain:
  268         (j) A statement that the applicant is insured under a
  269  garage liability insurance policy in accordance with s.
  270  320.27(1)(g), which shall include, at a minimum, $25,000
  271  combined single-limit liability coverage, including bodily
  272  injury and property damage protection, and $10,000 personal
  273  injury protection, if the applicant is to be licensed as a
  274  dealer in, or intends to sell, recreational vehicles.
  275  
  276         The department shall, if it deems necessary, cause an
  277  investigation to be made to ascertain if the facts set forth in
  278  the application are true and shall not issue a license to the
  279  applicant until it is satisfied that the facts set forth in the
  280  application are true.
  281         Section 9. Subsections (1) and (2) of section 322.251,
  282  Florida Statutes, are amended to read:
  283         322.251 Notice of cancellation, suspension, revocation, or
  284  disqualification of license.—
  285         (1) All orders of cancellation, suspension, revocation, or
  286  disqualification issued under the provisions of this chapter,
  287  chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall
  288  be given either by personal delivery thereof to the licensee
  289  whose license is being canceled, suspended, revoked, or
  290  disqualified or by deposit in the United States mail in an
  291  envelope, first class, postage prepaid, addressed to the
  292  licensee at his or her last known mailing address furnished to
  293  the department. Such mailing by the department constitutes
  294  notification, and any failure by the person to receive the
  295  mailed order will not affect or stay the effective date or term
  296  of the cancellation, suspension, revocation, or disqualification
  297  of the licensee’s driving privilege.
  298         (2) The giving of notice and an order of cancellation,
  299  suspension, revocation, or disqualification by mail is complete
  300  upon expiration of 20 days after deposit in the United States
  301  mail for all notices except those issued under chapter 324 or
  302  ss. 627.732–627.734, which are complete 15 days after deposit in
  303  the United States mail. Proof of the giving of notice and an
  304  order of cancellation, suspension, revocation, or
  305  disqualification in either manner must shall be made by entry in
  306  the records of the department that such notice was given. The
  307  entry is admissible in the courts of this state and constitutes
  308  sufficient proof that such notice was given.
  309         Section 10. Paragraph (a) of subsection (8) of section
  310  322.34, Florida Statutes, is amended to read:
  311         322.34 Driving while license suspended, revoked, canceled,
  312  or disqualified.—
  313         (8)(a) Upon the arrest of a person for the offense of
  314  driving while the person’s driver license or driving privilege
  315  is suspended or revoked, the arresting officer shall determine:
  316         1. Whether the person’s driver license is suspended or
  317  revoked.
  318         2. Whether the person’s driver license has remained
  319  suspended or revoked since a conviction for the offense of
  320  driving with a suspended or revoked license.
  321         3. Whether the suspension or revocation was made under s.
  322  316.646 or s. 627.733, relating to failure to maintain required
  323  security, or under s. 322.264, relating to habitual traffic
  324  offenders.
  325         4. Whether the driver is the registered owner or coowner of
  326  the vehicle.
  327         Section 11. Section 324.011, Florida Statutes, is amended
  328  to read:
  329         324.011 Legislative intent and purpose of chapter.—It is
  330  the Legislature’s intent of this chapter to ensure that the
  331  privilege of owning or operating a motor vehicle in this state
  332  is exercised recognize the existing privilege to own or operate
  333  a motor vehicle on the public streets and highways of this state
  334  when such vehicles are used with due consideration for others’
  335  safety others and their property, and to promote safety, and to
  336  provide financial security requirements for such owners and or
  337  operators whose responsibility it is to recompense others for
  338  injury to person or property caused by the operation of a motor
  339  vehicle. Therefore, this chapter requires that every owner or
  340  operator of a motor vehicle required to be registered in this
  341  state establish, maintain, and it is required herein that the
  342  operator of a motor vehicle involved in a crash or convicted of
  343  certain traffic offenses meeting the operative provisions of s.
  344  324.051(2) shall respond for such damages and show proof of
  345  financial ability to respond for damages arising out of the
  346  ownership, maintenance, or use of a motor vehicle in future
  347  accidents as a requisite to owning or operating a motor vehicle
  348  in this state his or her future exercise of such privileges.
  349         Section 12. Subsections (1) and (7) and paragraph (c) of
  350  subsection (9) of section 324.021, Florida Statutes, are
  351  amended, and subsection (12) is added to that section, to read:
  352         324.021 Definitions; minimum insurance required.—The
  353  following words and phrases when used in this chapter shall, for
  354  the purpose of this chapter, have the meanings respectively
  355  ascribed to them in this section, except in those instances
  356  where the context clearly indicates a different meaning:
  357         (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
  358  designed and required to be licensed for use upon a highway,
  359  including trailers and semitrailers designed for use with such
  360  vehicles, except traction engines, road rollers, farm tractors,
  361  power shovels, and well drillers, and every vehicle that is
  362  propelled by electric power obtained from overhead wires but not
  363  operated upon rails, but not including any personal delivery
  364  device or mobile carrier as defined in s. 316.003, bicycle, or
  365  moped. However, the term “motor vehicle” does not include a
  366  motor vehicle as defined in s. 627.732(3) when the owner of such
  367  vehicle has complied with the requirements of ss. 627.730
  368  627.7405, inclusive, unless the provisions of s. 324.051 apply;
  369  and, in such case, the applicable proof of insurance provisions
  370  of s. 320.02 apply.
  371         (7) PROOF OF FINANCIAL RESPONSIBILITY.—That Proof of
  372  ability to respond in damages for liability on account of
  373  crashes arising out of the ownership, maintenance, or use of a
  374  motor vehicle:
  375         (a) Beginning January 1, 2020, with respect to a motor
  376  vehicle that is not a commercial motor vehicle, nonpublic sector
  377  bus, or for-hire passenger transportation vehicle, in the amount
  378  of:
  379         1.Twenty-five thousand dollars for $10,000 because of
  380  bodily injury to, or the death of, one person in any one crash
  381  and,;
  382         (b) subject to such limits for one person, in the amount of
  383  $50,000 for $20,000 because of bodily injury to, or the death
  384  of, two or more persons in any one crash; and
  385         2.(c)Ten thousand dollars for damage In the amount of
  386  $10,000 because of injury to, or destruction of, property of
  387  others in any one crash.; and
  388         (b)(d) With respect to commercial motor vehicles and
  389  nonpublic sector buses, in the amounts specified in s. 627.7415
  390  ss. 627.7415 and 627.742, respectively.
  391         (c) With respect to nonpublic sector buses, in the amounts
  392  specified in s. 627.742.
  393         (d) With respect to for-hire passenger transportation
  394  vehicles, in the amounts specified in s. 324.032.
  395         (9) OWNER; OWNER/LESSOR.—
  396         (c) Application.—
  397         1. The limits on liability in subparagraphs (b)2. and 3. do
  398  not apply to an owner of motor vehicles that are used for
  399  commercial activity in the owner’s ordinary course of business,
  400  other than a rental company that rents or leases motor vehicles.
  401  For purposes of this paragraph, the term “rental company”
  402  includes only an entity that is engaged in the business of
  403  renting or leasing motor vehicles to the general public and that
  404  rents or leases a majority of its motor vehicles to persons with
  405  no direct or indirect affiliation with the rental company. The
  406  term also includes a motor vehicle dealer that provides
  407  temporary replacement vehicles to its customers for up to 10
  408  days. The term “rental company” also includes:
  409         a. A related rental or leasing company that is a subsidiary
  410  of the same parent company as that of the renting or leasing
  411  company that rented or leased the vehicle.
  412         b. The holder of a motor vehicle title or an equity
  413  interest in a motor vehicle title if the title or equity
  414  interest is held pursuant to or to facilitate an asset-backed
  415  securitization of a fleet of motor vehicles used solely in the
  416  business of renting or leasing motor vehicles to the general
  417  public and under the dominion and control of a rental company,
  418  as described in this subparagraph, in the operation of such
  419  rental company’s business.
  420         2. Furthermore, with respect to commercial motor vehicles
  421  as defined in s. 207.002 or s. 320.01 s. 627.732, the limits on
  422  liability in subparagraphs (b)2. and 3. do not apply if, at the
  423  time of the incident, the commercial motor vehicle is being used
  424  in the transportation of materials found to be hazardous for the
  425  purposes of the Hazardous Materials Transportation Authorization
  426  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is
  427  required pursuant to such act to carry placards warning others
  428  of the hazardous cargo, unless at the time of lease or rental
  429  either:
  430         a. The lessee indicates in writing that the vehicle will
  431  not be used to transport materials found to be hazardous for the
  432  purposes of the Hazardous Materials Transportation Authorization
  433  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
  434         b. The lessee or other operator of the commercial motor
  435  vehicle has in effect insurance with limits of at least $5
  436  million $5,000,000 combined property damage and bodily injury
  437  liability.
  438         (12) FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.—Every “for
  439  hire vehicle” as defined in s. 320.01(15) which is offered or
  440  used to provide transportation for persons, including taxicabs,
  441  limousines, and jitneys.
  442         Section 13. Section 324.022, Florida Statutes, is amended
  443  to read:
  444         324.022 Financial responsibility requirements for property
  445  damage.—
  446         (1)(a)Beginning January 1, 2020, every owner or operator
  447  of a motor vehicle required to be registered in this state shall
  448  establish and continuously maintain the ability to respond in
  449  damages for liability on account of accidents arising out of the
  450  use of the motor vehicle in the amount of:
  451         1.Twenty-five thousand dollars for bodily injury to, or
  452  the death of, one person in any one crash and, subject to such
  453  limits for one person, in the amount of $50,000 for bodily
  454  injury to, or the death of, two or more persons in any one
  455  crash; and
  456         2. Ten thousand dollars for $10,000 because of damage to,
  457  or destruction of, property of others in any one crash.
  458         (b) The requirements of paragraph (a) this section may be
  459  met by one of the methods established in s. 324.031; by self
  460  insuring as authorized by s. 768.28(16); or by maintaining a
  461  motor vehicle liability insurance policy that an insurance
  462  policy providing coverage for property damage liability in the
  463  amount of at least $10,000 because of damage to, or destruction
  464  of, property of others in any one accident arising out of the
  465  use of the motor vehicle. The requirements of this section may
  466  also be met by having a policy which provides combined property
  467  damage liability and bodily injury liability coverage for any
  468  one crash arising out of the ownership, maintenance, or use of a
  469  motor vehicle which conforms to the requirements of s. 324.151
  470  in the amount of at least $60,000 for every owner or operator
  471  subject to the financial responsibility required in paragraph
  472  (a) $30,000 for combined property damage liability and bodily
  473  injury liability for any one crash arising out of the use of the
  474  motor vehicle. The policy, with respect to coverage for property
  475  damage liability, must meet the applicable requirements of s.
  476  324.151, subject to the usual policy exclusions that have been
  477  approved in policy forms by the Office of Insurance Regulation.
  478  No insurer shall have any duty to defend uncovered claims
  479  irrespective of their joinder with covered claims.
  480         (2) As used in this section, the term:
  481         (a) “Motor vehicle” means any self-propelled vehicle that
  482  has four or more wheels and that is of a type designed and
  483  required to be licensed for use on the highways of this state,
  484  and any trailer or semitrailer designed for use with such
  485  vehicle. The term does not include the following:
  486         1. A mobile home as defined in s. 320.01.
  487         2. A motor vehicle that is used in mass transit and
  488  designed to transport more than five passengers, exclusive of
  489  the operator of the motor vehicle, and that is owned by a
  490  municipality, transit authority, or political subdivision of the
  491  state.
  492         3. A school bus as defined in s. 1006.25, which must
  493  maintain security as required under s. 316.615.
  494         4. A commercial motor vehicle as defined in s. 207.002 or
  495  s. 320.01, which must maintain security as required under ss.
  496  324.031 and 627.7415.
  497         5. A nonpublic sector bus, which must maintain security as
  498  required under ss. 324.031 and 627.742.
  499         6.4. A vehicle providing for-hire passenger transportation
  500  vehicle, which must that is subject to the provisions of s.
  501  324.031. A taxicab shall maintain security as required under s.
  502  324.032 s. 324.032(1).
  503         7.5. A personal delivery device as defined in s. 316.003.
  504         (b) “Owner” means the person who holds legal title to a
  505  motor vehicle or the debtor or lessee who has the right to
  506  possession of a motor vehicle that is the subject of a security
  507  agreement or lease with an option to purchase.
  508         (3) Each nonresident owner or registrant of a motor vehicle
  509  that, whether operated or not, has been physically present
  510  within this state for more than 90 days during the preceding 365
  511  days shall maintain security as required by subsection (1). The
  512  security must be that is in effect continuously throughout the
  513  period the motor vehicle remains within this state.
  514         (4) An The owner or registrant of a motor vehicle who is
  515  exempt from the requirements of this section if she or he is a
  516  member of the United States Armed Forces and is called to or on
  517  active duty outside the United States in an emergency situation
  518  is exempt from this section while he or she. The exemption
  519  provided by this subsection applies only as long as the member
  520  of the Armed Forces is on such active duty. This exemption
  521  outside the United States and applies only while the vehicle
  522  covered by the security is not operated by any person. Upon
  523  receipt of a written request by the insured to whom the
  524  exemption provided in this subsection applies, the insurer shall
  525  cancel the coverages and return any unearned premium or suspend
  526  the security required by this section. Notwithstanding s.
  527  324.0221(2) s. 324.0221(3), the department may not suspend the
  528  registration or operator’s license of an any owner or registrant
  529  of a motor vehicle during the time she or he qualifies for the
  530  an exemption under this subsection. An Any owner or registrant
  531  of a motor vehicle who qualifies for the an exemption under this
  532  subsection shall immediately notify the department before prior
  533  to and at the end of the expiration of the exemption.
  534         Section 14. Subsections (1) and (2) of section 324.0221,
  535  Florida Statutes, are amended to read:
  536         324.0221 Reports by insurers to the department; suspension
  537  of driver license and vehicle registrations; reinstatement.—
  538         (1)(a) Each insurer that has issued a policy providing
  539  personal injury protection coverage or property damage liability
  540  coverage shall report the cancellation or nonrenewal thereof to
  541  the department within 10 days after the processing date or
  542  effective date of each cancellation or nonrenewal. Upon the
  543  issuance of a policy providing personal injury protection
  544  coverage or property damage liability coverage to a named
  545  insured not previously insured by the insurer during that
  546  calendar year, the insurer shall report the issuance of the new
  547  policy to the department within 10 days. The report must shall
  548  be in the form and format and contain any information required
  549  by the department and must be provided in a format that is
  550  compatible with the data processing capabilities of the
  551  department. Failure by an insurer to file proper reports with
  552  the department as required by this subsection constitutes a
  553  violation of the Florida Insurance Code. These records may shall
  554  be used by the department only for enforcement and regulatory
  555  purposes, including the generation by the department of data
  556  regarding compliance by owners of motor vehicles with the
  557  requirements for financial responsibility coverage.
  558         (b) With respect to an insurance policy providing personal
  559  injury protection coverage or property damage liability
  560  coverage, each insurer shall notify the named insured, or the
  561  first-named insured in the case of a commercial fleet policy, in
  562  writing that any cancellation or nonrenewal of the policy will
  563  be reported by the insurer to the department. The notice must
  564  also inform the named insured that failure to maintain bodily
  565  injury liability personal injury protection coverage and
  566  property damage liability coverage on a motor vehicle when
  567  required by law may result in the loss of registration and
  568  driving privileges in this state and inform the named insured of
  569  the amount of the reinstatement fees required by this section.
  570  This notice is for informational purposes only, and an insurer
  571  is not civilly liable for failing to provide this notice.
  572         (2) The department shall suspend, after due notice and an
  573  opportunity to be heard, the registration and driver license of
  574  any owner or registrant of a motor vehicle for with respect to
  575  which security is required under s. 324.022, s. 324.032, s.
  576  627.7415, or s. 627.742 ss. 324.022 and 627.733 upon:
  577         (a) The department’s records showing that the owner or
  578  registrant of such motor vehicle did not have the in full force
  579  and effect when required security in full force and effect that
  580  complies with the requirements of ss. 324.022 and 627.733; or
  581         (b) Notification by the insurer to the department, in a
  582  form approved by the department, of cancellation or termination
  583  of the required security.
  584         Section 15. Section 324.023, Florida Statutes, is amended
  585  to read:
  586         324.023 Financial responsibility for bodily injury or
  587  death.—In addition to any other financial responsibility
  588  required by law, every owner or operator of a motor vehicle that
  589  is required to be registered in this state, or that is located
  590  within this state, and who, regardless of adjudication of guilt,
  591  has been found guilty of or entered a plea of guilty or nolo
  592  contendere to a charge of driving under the influence under s.
  593  316.193 after October 1, 2007, shall, by one of the methods
  594  established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2),
  595  establish and maintain the ability to respond in damages for
  596  liability on account of accidents arising out of the use of a
  597  motor vehicle in the amount of $100,000 because of bodily injury
  598  to, or death of, one person in any one crash and, subject to
  599  such limits for one person, in the amount of $300,000 because of
  600  bodily injury to, or death of, two or more persons in any one
  601  crash and in the amount of $50,000 because of property damage in
  602  any one crash. If the owner or operator chooses to establish and
  603  maintain such ability by furnishing a certificate of deposit
  604  pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of
  605  deposit must be at least $350,000. Such higher limits must be
  606  carried for a minimum period of 3 years. If the owner or
  607  operator has not been convicted of driving under the influence
  608  or a felony traffic offense for a period of 3 years from the
  609  date of reinstatement of driving privileges for a violation of
  610  s. 316.193, the owner or operator shall be exempt from this
  611  section.
  612         Section 16. Section 324.031, Florida Statutes, is amended
  613  to read:
  614         324.031 Manner of proving financial responsibility.—
  615         (1)The owner or operator of a taxicab, limousine, jitney,
  616  or any other for-hire passenger transportation vehicle may prove
  617  financial responsibility by providing satisfactory evidence of
  618  holding a motor vehicle liability policy as defined in s.
  619  324.021(8) or s. 324.151, which policy is issued by an insurance
  620  carrier which is a member of the Florida Insurance Guaranty
  621  Association. The operator or owner of a motor vehicle other than
  622  a for-hire passenger transportation vehicle any other vehicle
  623  may prove his or her financial responsibility by:
  624         (a)(1) Furnishing satisfactory evidence of holding a motor
  625  vehicle liability policy as defined in ss. 324.021(8) and
  626  324.151;
  627         (b)(2) Furnishing a certificate of self-insurance showing a
  628  deposit of cash in accordance with s. 324.161; or
  629         (c)(3) Furnishing a certificate of self-insurance issued by
  630  the department in accordance with s. 324.171.
  631         (2)(a)Beginning January 1, 2020, any person, including any
  632  firm, partnership, association, corporation, or other person,
  633  other than a natural person, electing to use the method of proof
  634  specified in paragraph (1)(b) subsection (2) shall furnish a
  635  certificate of deposit equal to the number of vehicles owned
  636  times $60,000 $30,000, to a maximum of $240,000. $120,000;
  637         (b) In addition, any such person, other than a natural
  638  person, shall maintain insurance providing coverage conforming
  639  to the requirements of s. 324.151 in excess of the amount of the
  640  certificate of deposit, with limits of at least:
  641         1. One hundred twenty-five thousand dollars for bodily
  642  injury to, or the death of, one person in any one crash and,
  643  subject to such limits for one person, in the amount of $250,000
  644  for bodily injury to, or the death of, two or more persons in
  645  any one crash, and $50,000 for damage to, or destruction of,
  646  property of others in any one crash; or
  647         2. Three hundred thousand dollars for combined bodily
  648  injury liability and property damage liability for any one crash
  649  $10,000/20,000/10,000 or $30,000 combined single limits, and
  650  such excess insurance shall provide minimum limits of
  651  $125,000/250,000/50,000 or $300,000 combined single limits.
  652  These increased limits shall not affect the requirements for
  653  proving financial responsibility under s. 324.032(1).
  654         Section 17. Section 324.032, Florida Statutes, is amended
  655  to read:
  656         324.032 Manner of proving Financial responsibility for;
  657  for-hire passenger transportation vehicles.—Notwithstanding the
  658  provisions of s. 324.031:
  659         (1) An owner or lessee of a for-hire passenger
  660  transportation vehicle that is required to be registered in this
  661  state shall establish and continuously maintain the ability to
  662  respond in damages for liability on account of accidents arising
  663  out of the ownership, maintenance, or use of the for-hire
  664  passenger transportation vehicle, in the amount of:
  665         (a) One hundred twenty-five thousand dollars for bodily
  666  injury to, or the death of, one person in any one crash and,
  667  subject to such limits for one person, in the amount of $250,000
  668  for bodily injury to, or the death of, two or more persons in
  669  any one crash; and A person who is either the owner or a lessee
  670  required to maintain insurance under s. 627.733(1)(b) and who
  671  operates one or more taxicabs, limousines, jitneys, or any other
  672  for-hire passenger transportation vehicles may prove financial
  673  responsibility by furnishing satisfactory evidence of holding a
  674  motor vehicle liability policy, but with minimum limits of
  675  $125,000/250,000/50,000.
  676         (b) Fifty thousand dollars for damage to, or destruction
  677  of, property of others in any one crash A person who is either
  678  the owner or a lessee required to maintain insurance under s.
  679  324.021(9)(b) and who operates limousines, jitneys, or any other
  680  for-hire passenger vehicles, other than taxicabs, may prove
  681  financial responsibility by furnishing satisfactory evidence of
  682  holding a motor vehicle liability policy as defined in s.
  683  324.031.
  684         (2)Except as provided in subsection (3), the requirements
  685  of this section must be met by the owner or lessee providing
  686  satisfactory evidence of holding a motor vehicle liability
  687  policy conforming to the requirements of s. 324.151 which is
  688  issued by an insurance carrier that is a member of the Florida
  689  Insurance Guaranty Association.
  690         (3)(2) An owner or a lessee who is required to maintain
  691  insurance under s. 324.021(9)(b) and who operates at least 300
  692  taxicabs, limousines, jitneys, or any other for-hire passenger
  693  transportation vehicles may provide financial responsibility by
  694  complying with the provisions of s. 324.171, which must such
  695  compliance to be demonstrated by maintaining at its principal
  696  place of business an audited financial statement, prepared in
  697  accordance with generally accepted accounting principles, and
  698  providing to the department a certification issued by a
  699  certified public accountant that the applicant’s net worth is at
  700  least equal to the requirements of s. 324.171 as determined by
  701  the Office of Insurance Regulation of the Financial Services
  702  Commission, including claims liabilities in an amount certified
  703  as adequate by a Fellow of the Casualty Actuarial Society.
  704  
  705         Upon request by the department, the applicant shall must
  706  provide the department at the applicant’s principal place of
  707  business in this state access to the applicant’s underlying
  708  financial information and financial statements that provide the
  709  basis of the certified public accountant’s certification. The
  710  applicant shall reimburse the requesting department for all
  711  reasonable costs incurred by it in reviewing the supporting
  712  information. The maximum amount of self-insurance permissible
  713  under this subsection is $300,000 and must be stated on a per
  714  occurrence basis, and the applicant shall maintain adequate
  715  excess insurance issued by an authorized or eligible insurer
  716  licensed or approved by the Office of Insurance Regulation. All
  717  risks self-insured shall remain with the owner or lessee
  718  providing it, and the risks are not transferable to any other
  719  person, unless a policy complying with subsections (1) and (2)
  720  subsection (1) is obtained.
  721         Section 18. Paragraph (b) of subsection (2) of section
  722  324.051, Florida Statutes, is amended to read:
  723         324.051 Reports of crashes; suspensions of licenses and
  724  registrations.—
  725         (2)
  726         (b) This subsection does shall not apply:
  727         1. To such operator or owner if such operator or owner had
  728  in effect at the time of such crash or traffic conviction a
  729  motor vehicle an automobile liability policy with respect to all
  730  of the registered motor vehicles owned by such operator or
  731  owner.
  732         2. To such operator, if not the owner of such motor
  733  vehicle, if there was in effect at the time of such crash or
  734  traffic conviction a motor vehicle an automobile liability
  735  policy or bond with respect to his or her operation of motor
  736  vehicles not owned by him or her.
  737         3. To such operator or owner if the liability of such
  738  operator or owner for damages resulting from such crash is, in
  739  the judgment of the department, covered by any other form of
  740  liability insurance or bond.
  741         4. To any person who has obtained from the department a
  742  certificate of self-insurance, in accordance with s. 324.171, or
  743  to any person operating a motor vehicle for such self-insurer.
  744  
  745         No such policy or bond shall be effective under this
  746  subsection unless it contains limits of not less than those
  747  specified in s. 324.021(7).
  748         Section 19. Section 324.071, Florida Statutes, is amended
  749  to read:
  750         324.071 Reinstatement; renewal of license; reinstatement
  751  fee.—An Any operator or owner whose license or registration has
  752  been suspended pursuant to s. 324.051(2), s. 324.072, s.
  753  324.081, or s. 324.121 may effect its reinstatement upon
  754  compliance with the provisions of s. 324.051(2)(a)3. or 4., or
  755  s. 324.081(2) and (3), as the case may be, and with one of the
  756  provisions of s. 324.031 and upon payment to the department of a
  757  nonrefundable reinstatement fee of $15. Only one such fee may
  758  shall be paid by any one person regardless irrespective of the
  759  number of licenses and registrations to be then reinstated or
  760  issued to such person. All Such fees must shall be deposited to
  761  a department trust fund. If When the reinstatement of any
  762  license or registration is effected by compliance with s.
  763  324.051(2)(a)3. or 4., the department may shall not renew the
  764  license or registration within a period of 3 years after from
  765  such reinstatement, nor may shall any other license or
  766  registration be issued in the name of such person, unless the
  767  operator continues is continuing to comply with one of the
  768  provisions of s. 324.031.
  769         Section 20. Subsection (1) of section 324.091, Florida
  770  Statutes, is amended to read:
  771         324.091 Notice to department; notice to insurer.—
  772         (1) Each owner and operator involved in a crash or
  773  conviction case within the purview of this chapter shall furnish
  774  evidence of automobile liability insurance or motor vehicle
  775  liability insurance within 14 days after the date of the mailing
  776  of notice of crash by the department in the form and manner as
  777  it may designate. Upon receipt of evidence that a an automobile
  778  liability policy or motor vehicle liability policy was in effect
  779  at the time of the crash or conviction case, the department
  780  shall forward to the insurer such information for verification
  781  in a method as determined by the department. The insurer shall
  782  respond to the department within 20 days after the notice as to
  783  whether or not such information is valid. If the department
  784  determines that a an automobile liability policy or motor
  785  vehicle liability policy was not in effect and did not provide
  786  coverage for both the owner and the operator, it must shall take
  787  action as it is authorized to do under this chapter.
  788         Section 21. Section 324.151, Florida Statutes, is amended
  789  to read:
  790         324.151 Motor vehicle liability policies; required
  791  provisions.—
  792         (1) A motor vehicle liability policy that serves as to be
  793  proof of financial responsibility under s. 324.031(1)(a) must s.
  794  324.031(1), shall be issued to owners or operators of motor
  795  vehicles under the following provisions:
  796         (a) A motor vehicle An owner’s liability insurance policy
  797  issued to an owner of a motor vehicle registered in this state
  798  must shall designate by explicit description or by appropriate
  799  reference all motor vehicles for with respect to which coverage
  800  is thereby granted. The policy must and shall insure the person
  801  or persons owner named therein and any other person as operator
  802  using such motor vehicle or motor vehicles with the express or
  803  implied permission of such owner against loss from the liability
  804  imposed by law for damage arising out of the ownership,
  805  maintenance, or use of any such motor vehicle or motor vehicles
  806  within the United States or the Dominion of Canada, subject to
  807  limits, exclusive of interest and costs with respect to each
  808  such motor vehicle, as is provided for under s. 324.021(7).
  809  Insurers may make available, with respect to property damage
  810  liability coverage, a deductible amount not to exceed $500. In
  811  the event of a property damage loss covered by a policy
  812  containing a property damage deductible provision, the insurer
  813  shall pay to the third-party claimant the amount of any property
  814  damage liability settlement or judgment, subject to policy
  815  limits, as if no deductible existed.
  816         (b) An operator’s motor vehicle liability policy of
  817  insurance must shall insure the person or persons named therein
  818  against loss from the liability imposed upon him or her by law
  819  for damages arising out of the use by the person of any motor
  820  vehicle not owned by him or her, with the same territorial
  821  limits and subject to the same limits of liability as referred
  822  to above with respect to an owner’s policy of liability
  823  insurance.
  824         (c) All such motor vehicle liability policies must shall
  825  state the name and address of the named insured, the coverage
  826  afforded by the policy, the premium charged therefor, the policy
  827  period, and the limits of liability, and must shall contain an
  828  agreement or be endorsed that insurance is provided in
  829  accordance with the coverage defined in this chapter as respects
  830  bodily injury and death or property damage or both and is
  831  subject to all provisions of this chapter. The Said policies
  832  must shall also contain a provision that the satisfaction by an
  833  insured of a judgment for such injury or damage may shall not be
  834  a condition precedent to the right or duty of the insurance
  835  carrier to make payment on account of such injury or damage, and
  836  must shall also contain a provision that bankruptcy or
  837  insolvency of the insured or of the insured’s estate may shall
  838  not relieve the insurance carrier of any of its obligations
  839  under the said policy.
  840         (2) The provisions of This section is shall not be
  841  applicable to any motor vehicle automobile liability policy
  842  unless and until it is furnished as proof of financial
  843  responsibility for the future pursuant to s. 324.031, and then
  844  applies only from and after the date the said policy is so
  845  furnished.
  846         Section 22. Section 324.161, Florida Statutes, is amended
  847  to read:
  848         324.161 Proof of financial responsibility; deposit.—If a
  849  person elects to prove his or her financial responsibility under
  850  the method of proof specified in s. 324.031(1)(b), he or she
  851  annually must obtain and submit to the department proof of a
  852  certificate of deposit in the amount required under s.
  853  324.031(2) from a financial institution insured by the Federal
  854  Deposit Insurance Corporation or the National Credit Union
  855  Administration Annually, before any certificate of insurance may
  856  be issued to a person, including any firm, partnership,
  857  association, corporation, or other person, other than a natural
  858  person, proof of a certificate of deposit of $30,000 issued and
  859  held by a financial institution must be submitted to the
  860  department. A power of attorney will be issued to and held by
  861  the department and may be executed upon a judgment issued
  862  against such person making the deposit, for damages for because
  863  of bodily injury to or death of any person or for damages for
  864  because of injury to or destruction of property resulting from
  865  the use or operation of any motor vehicle occurring after such
  866  deposit was made. Money so deposited is shall not be subject to
  867  attachment or execution unless such attachment or execution
  868  arises shall arise out of a lawsuit suit for such damages as
  869  aforesaid.
  870         Section 23. Subsections (1) and (2) of section 324.171,
  871  Florida Statutes, are amended to read:
  872         324.171 Self-insurer.—
  873         (1) A Any person may qualify as a self-insurer by obtaining
  874  a certificate of self-insurance from the department. which may,
  875  in its discretion and Upon application of such a person, the
  876  department may issue a said certificate of self-insurance to an
  877  applicant who satisfies when such person has satisfied the
  878  requirements of this section. Effective January 1, 2020 to
  879  qualify as a self-insurer under this section:
  880         (a) A private individual with private passenger vehicles
  881  shall possess a net unencumbered worth of at least $100,000
  882  $40,000.
  883         (b) A person, including any firm, partnership, association,
  884  corporation, or other person, other than a natural person,
  885  shall:
  886         1. Possess a net unencumbered worth of at least $100,000
  887  $40,000 for the first motor vehicle and $50,000 $20,000 for each
  888  additional motor vehicle; or
  889         2. Maintain sufficient net worth, in an amount determined
  890  by the department, to be financially responsible for potential
  891  losses. The department annually shall determine the minimum net
  892  worth sufficient to satisfy this subparagraph as determined
  893  annually by the department, pursuant to rules adopted
  894  promulgated by the department, with the assistance of the Office
  895  of Insurance Regulation of the Financial Services Commission, to
  896  be financially responsible for potential losses. The rules must
  897  consider any shall take into consideration excess insurance
  898  carried by the applicant. The department’s determination must
  899  shall be based upon reasonable actuarial principles considering
  900  the frequency, severity, and loss development of claims incurred
  901  by casualty insurers writing coverage on the type of motor
  902  vehicles for which a certificate of self-insurance is desired.
  903         (c) The owner of a commercial motor vehicle, as defined in
  904  s. 207.002 or s. 320.01, may qualify as a self-insurer subject
  905  to the standards provided for in subparagraph (b)2.
  906         (2) The self-insurance certificate must shall provide
  907  limits of liability insurance in the amounts specified under s.
  908  324.021(7) or s. 627.7415 and shall provide personal injury
  909  protection coverage under s. 627.733(3)(b).
  910         Section 24. Section 324.251, Florida Statutes, is amended
  911  to read:
  912         324.251 Short title.—This chapter may be cited as the
  913  “Financial Responsibility Law of 2019 1955” and is shall become
  914  effective at 12:01 a.m., January 1, 2020 October 1, 1955.
  915         Section 25. Subsection (4) of section 400.9905, Florida
  916  Statutes, is amended to read:
  917         400.9905 Definitions.—
  918         (4)(a) “Clinic” means an entity where health care services
  919  are provided to individuals and which tenders charges for
  920  reimbursement for such services, including a mobile clinic and a
  921  portable equipment provider. As used in this part, the term does
  922  not include and the licensure requirements of this part do not
  923  apply to:
  924         1.(a) Entities licensed or registered by the state under
  925  chapter 395; entities licensed or registered by the state and
  926  providing only health care services within the scope of services
  927  authorized under their respective licenses under ss. 383.30
  928  383.332, chapter 390, chapter 394, chapter 397, this chapter
  929  except part X, chapter 429, chapter 463, chapter 465, chapter
  930  466, chapter 478, chapter 484, or chapter 651; end-stage renal
  931  disease providers authorized under 42 C.F.R. part 405, subpart
  932  U; providers certified under 42 C.F.R. part 485, subpart B or
  933  subpart H; or any entity that provides neonatal or pediatric
  934  hospital-based health care services or other health care
  935  services by licensed practitioners solely within a hospital
  936  licensed under chapter 395.
  937         2.(b) Entities that own, directly or indirectly, entities
  938  licensed or registered by the state pursuant to chapter 395;
  939  entities that own, directly or indirectly, entities licensed or
  940  registered by the state and providing only health care services
  941  within the scope of services authorized pursuant to their
  942  respective licenses under ss. 383.30-383.332, chapter 390,
  943  chapter 394, chapter 397, this chapter except part X, chapter
  944  429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
  945  484, or chapter 651; end-stage renal disease providers
  946  authorized under 42 C.F.R. part 405, subpart U; providers
  947  certified under 42 C.F.R. part 485, subpart B or subpart H; or
  948  any entity that provides neonatal or pediatric hospital-based
  949  health care services by licensed practitioners solely within a
  950  hospital licensed under chapter 395.
  951         3.(c) Entities that are owned, directly or indirectly, by
  952  an entity licensed or registered by the state pursuant to
  953  chapter 395; entities that are owned, directly or indirectly, by
  954  an entity licensed or registered by the state and providing only
  955  health care services within the scope of services authorized
  956  pursuant to their respective licenses under ss. 383.30-383.332,
  957  chapter 390, chapter 394, chapter 397, this chapter except part
  958  X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
  959  478, chapter 484, or chapter 651; end-stage renal disease
  960  providers authorized under 42 C.F.R. part 405, subpart U;
  961  providers certified under 42 C.F.R. part 485, subpart B or
  962  subpart H; or any entity that provides neonatal or pediatric
  963  hospital-based health care services by licensed practitioners
  964  solely within a hospital under chapter 395.
  965         4.(d) Entities that are under common ownership, directly or
  966  indirectly, with an entity licensed or registered by the state
  967  pursuant to chapter 395; entities that are under common
  968  ownership, directly or indirectly, with an entity licensed or
  969  registered by the state and providing only health care services
  970  within the scope of services authorized pursuant to their
  971  respective licenses under ss. 383.30-383.332, chapter 390,
  972  chapter 394, chapter 397, this chapter except part X, chapter
  973  429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
  974  484, or chapter 651; end-stage renal disease providers
  975  authorized under 42 C.F.R. part 405, subpart U; providers
  976  certified under 42 C.F.R. part 485, subpart B or subpart H; or
  977  any entity that provides neonatal or pediatric hospital-based
  978  health care services by licensed practitioners solely within a
  979  hospital licensed under chapter 395.
  980         5.(e) An entity that is exempt from federal taxation under
  981  26 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
  982  under 26 U.S.C. s. 409 that has a board of trustees at least
  983  two-thirds of which are Florida-licensed health care
  984  practitioners and provides only physical therapy services under
  985  physician orders, any community college or university clinic,
  986  and any entity owned or operated by the federal or state
  987  government, including agencies, subdivisions, or municipalities
  988  thereof.
  989         6.(f) A sole proprietorship, group practice, partnership,
  990  or corporation that provides health care services by physicians
  991  covered by s. 627.419, that is directly supervised by one or
  992  more of such physicians, and that is wholly owned by one or more
  993  of those physicians or by a physician and the spouse, parent,
  994  child, or sibling of that physician.
  995         7.(g) A sole proprietorship, group practice, partnership,
  996  or corporation that provides health care services by licensed
  997  health care practitioners under chapter 457, chapter 458,
  998  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
  999  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
 1000  chapter 490, chapter 491, or part I, part III, part X, part
 1001  XIII, or part XIV of chapter 468, or s. 464.012, and that is
 1002  wholly owned by one or more licensed health care practitioners,
 1003  or the licensed health care practitioners set forth in this
 1004  subparagraph and the spouse, parent, child, or sibling of a
 1005  licensed health care practitioner if one of the owners who is a
 1006  licensed health care practitioner is supervising the business
 1007  activities and is legally responsible for the entity’s
 1008  compliance with all federal and state laws. However, a health
 1009  care practitioner may not supervise services beyond the scope of
 1010  the practitioner’s license, except that, for the purposes of
 1011  this part, a clinic owned by a licensee in s. 456.053(3)(b)
 1012  which provides only services authorized pursuant to s.
 1013  456.053(3)(b) may be supervised by a licensee specified in s.
 1014  456.053(3)(b).
 1015         8.(h) Clinical facilities affiliated with an accredited
 1016  medical school at which training is provided for medical
 1017  students, residents, or fellows.
 1018         9.(i) Entities that provide only oncology or radiation
 1019  therapy services by physicians licensed under chapter 458 or
 1020  chapter 459 or entities that provide oncology or radiation
 1021  therapy services by physicians licensed under chapter 458 or
 1022  chapter 459 which are owned by a corporation whose shares are
 1023  publicly traded on a recognized stock exchange.
 1024         10.(j) Clinical facilities affiliated with a college of
 1025  chiropractic accredited by the Council on Chiropractic Education
 1026  at which training is provided for chiropractic students.
 1027         11.(k) Entities that provide licensed practitioners to
 1028  staff emergency departments or to deliver anesthesia services in
 1029  facilities licensed under chapter 395 and that derive at least
 1030  90 percent of their gross annual revenues from the provision of
 1031  such services. Entities claiming an exemption from licensure
 1032  under this subparagraph must provide documentation demonstrating
 1033  compliance.
 1034         12.(l) Orthotic, prosthetic, pediatric cardiology, or
 1035  perinatology clinical facilities or anesthesia clinical
 1036  facilities that are not otherwise exempt under subparagraph 1.
 1037  or subparagraph 11. paragraph (a) or paragraph (k) and that are
 1038  a publicly traded corporation or are wholly owned, directly or
 1039  indirectly, by a publicly traded corporation. As used in this
 1040  subparagraph, a publicly traded corporation is a corporation
 1041  that issues securities traded on an exchange registered with the
 1042  United States Securities and Exchange Commission as a national
 1043  securities exchange.
 1044         13.(m) Entities that are owned by a corporation that has
 1045  $250 million or more in total annual sales of health care
 1046  services provided by licensed health care practitioners where
 1047  one or more of the persons responsible for the operations of the
 1048  entity is a health care practitioner who is licensed in this
 1049  state and who is responsible for supervising the business
 1050  activities of the entity and is responsible for the entity’s
 1051  compliance with state law for purposes of this part.
 1052         14.(n) Entities that employ 50 or more licensed health care
 1053  practitioners licensed under chapter 458 or chapter 459 where
 1054  the billing for medical services is under a single tax
 1055  identification number. The application for exemption under this
 1056  subsection must include shall contain information that includes:
 1057  the name, residence, and business address and telephone phone
 1058  number of the entity that owns the practice; a complete list of
 1059  the names and contact information of all the officers and
 1060  directors of the corporation; the name, residence address,
 1061  business address, and medical license number of each licensed
 1062  Florida health care practitioner employed by the entity; the
 1063  corporate tax identification number of the entity seeking an
 1064  exemption; a listing of health care services to be provided by
 1065  the entity at the health care clinics owned or operated by the
 1066  entity; and a certified statement prepared by an independent
 1067  certified public accountant which states that the entity and the
 1068  health care clinics owned or operated by the entity have not
 1069  received payment for health care services under medical payments
 1070  personal injury protection insurance coverage for the preceding
 1071  year. If the agency determines that an entity that which is
 1072  exempt under this subsection has received payments for medical
 1073  services under medical payments personal injury protection
 1074  insurance coverage, the agency may deny or revoke the exemption
 1075  from licensure under this subsection.
 1076         (b) Notwithstanding paragraph (a) this subsection, an
 1077  entity is shall be deemed a clinic and must be licensed under
 1078  this part in order to receive medical payments coverage
 1079  reimbursement under s. 627.7265 unless the entity is: the
 1080  Florida Motor Vehicle No-Fault Law, ss. 627.730-627.7405, unless
 1081  exempted under s. 627.736(5)(h).
 1082         1. Wholly owned by a physician licensed under chapter 458
 1083  or chapter 459, or by the physician and the spouse, parent,
 1084  child, or sibling of the physician;
 1085         2. Wholly owned by a dentist licensed under chapter 466, or
 1086  by the dentist and the spouse, parent, child, or sibling of the
 1087  dentist;
 1088         3. Wholly owned by a chiropractic physician licensed under
 1089  chapter 460, or by the chiropractic physician and the spouse,
 1090  parent, child, or sibling of the chiropractic physician;
 1091         4. A hospital or ambulatory surgical center licensed under
 1092  chapter 395;
 1093         5. An entity that wholly owns or is wholly owned, directly
 1094  or indirectly, by a hospital or hospitals licensed under chapter
 1095  395;
 1096         6. A clinical facility affiliated with an accredited
 1097  medical school at which training is provided for medical
 1098  students, residents, or fellows;
 1099         7.Certified under 42 C.F.R. part 485, subpart H; or
 1100         8. Owned by a publicly traded corporation, either directly
 1101  or indirectly through its subsidiaries, which has $250 million
 1102  or more in total annual sales of health care services provided
 1103  by licensed health care practitioners, if one or more of the
 1104  persons responsible for the operations of the entity are health
 1105  care practitioners who are licensed in this state and are
 1106  responsible for supervising the business activities of the
 1107  entity and the entity’s compliance with state law for purposes
 1108  of this section.
 1109         Section 26. Subsection (6) of section 400.991, Florida
 1110  Statutes, is amended to read:
 1111         400.991 License requirements; background screenings;
 1112  prohibitions.—
 1113         (6) All agency forms for licensure application or exemption
 1114  from licensure under this part must contain the following
 1115  statement:
 1116  
 1117         INSURANCE FRAUD NOTICE.—A person commits a fraudulent
 1118  insurance act, as defined in s. 626.989, Florida Statutes, if
 1119  the person who knowingly submits a false, misleading, or
 1120  fraudulent application or other document when applying for
 1121  licensure as a health care clinic, seeking an exemption from
 1122  licensure as a health care clinic, or demonstrating compliance
 1123  with part X of chapter 400, Florida Statutes, with the intent to
 1124  use the license, exemption from licensure, or demonstration of
 1125  compliance to provide services or seek reimbursement under a
 1126  motor vehicle liability insurance policy’s medical payments
 1127  coverage the Florida Motor Vehicle No-Fault Law, commits a
 1128  fraudulent insurance act, as defined in s. 626.989, Florida
 1129  Statutes. A person who presents a claim for benefits under
 1130  medical payments coverage, personal injury protection benefits
 1131  knowing that the payee knowingly submitted such health care
 1132  clinic application or document, commits insurance fraud, as
 1133  defined in s. 817.234, Florida Statutes.
 1134  
 1135         Section 27. Paragraph (g) of subsection (1) of section
 1136  400.9935, Florida Statutes, is amended to read:
 1137         400.9935 Clinic responsibilities.—
 1138         (1) Each clinic shall appoint a medical director or clinic
 1139  director who shall agree in writing to accept legal
 1140  responsibility for the following activities on behalf of the
 1141  clinic. The medical director or the clinic director shall:
 1142         (g) Conduct systematic reviews of clinic billings to ensure
 1143  that the billings are not fraudulent or unlawful. Upon discovery
 1144  of an unlawful charge, the medical director or clinic director
 1145  shall take immediate corrective action. If the clinic performs
 1146  only the technical component of magnetic resonance imaging,
 1147  static radiographs, computed tomography, or positron emission
 1148  tomography, and provides the professional interpretation of such
 1149  services, in a fixed facility that is accredited by a national
 1150  accrediting organization that is approved by the Centers for
 1151  Medicare and Medicaid Services for magnetic resonance imaging
 1152  and advanced diagnostic imaging services and if, in the
 1153  preceding quarter, the percentage of scans performed by that
 1154  clinic which was billed to motor vehicle all personal injury
 1155  protection insurance carriers under medical payments coverage
 1156  was less than 15 percent, the chief financial officer of the
 1157  clinic may, in a written acknowledgment provided to the agency,
 1158  assume the responsibility for the conduct of the systematic
 1159  reviews of clinic billings to ensure that the billings are not
 1160  fraudulent or unlawful.
 1161         Section 28. Subsection (28) of section 409.901, Florida
 1162  Statutes, is amended to read:
 1163         409.901 Definitions; ss. 409.901-409.920.—As used in ss.
 1164  409.901-409.920, except as otherwise specifically provided, the
 1165  term:
 1166         (28) “Third-party benefit” means any benefit that is or may
 1167  be available at any time through contract, court award,
 1168  judgment, settlement, agreement, or any arrangement between a
 1169  third party and any person or entity, including, without
 1170  limitation, a Medicaid recipient, a provider, another third
 1171  party, an insurer, or the agency, for any Medicaid-covered
 1172  injury, illness, goods, or services, including costs of medical
 1173  services related thereto, for bodily personal injury or for
 1174  death of the recipient, but specifically excluding policies of
 1175  life insurance policies on the recipient, unless available under
 1176  terms of the policy to pay medical expenses before prior to
 1177  death. The term includes, without limitation, collateral, as
 1178  defined in this section;, health insurance;, any benefit under a
 1179  health maintenance organization, a preferred provider
 1180  arrangement, a prepaid health clinic, liability insurance,
 1181  uninsured motorist insurance, or medical payments coverage; or
 1182  personal injury protection coverage, medical benefits under
 1183  workers’ compensation, and any obligation under law or equity to
 1184  provide medical support.
 1185         Section 29. Paragraph (f) of subsection (11) of section
 1186  409.910, Florida Statutes, is amended to read:
 1187         409.910 Responsibility for payments on behalf of Medicaid
 1188  eligible persons when other parties are liable.—
 1189         (11) The agency may, as a matter of right, in order to
 1190  enforce its rights under this section, institute, intervene in,
 1191  or join any legal or administrative proceeding in its own name
 1192  in one or more of the following capacities: individually, as
 1193  subrogee of the recipient, as assignee of the recipient, or as
 1194  lienholder of the collateral.
 1195         (f) Notwithstanding any provision in this section to the
 1196  contrary, in the event of an action in tort against a third
 1197  party in which the recipient or his or her legal representative
 1198  is a party which results in a judgment, award, or settlement
 1199  from a third party, the amount recovered shall be distributed as
 1200  follows:
 1201         1. After attorney attorney’s fees and taxable costs as
 1202  defined by the Florida Rules of Civil Procedure, one-half of the
 1203  remaining recovery shall be paid to the agency up to the total
 1204  amount of medical assistance provided by Medicaid.
 1205         2. The remaining amount of the recovery shall be paid to
 1206  the recipient.
 1207         3. For purposes of calculating the agency’s recovery of
 1208  medical assistance benefits paid, the fee for services of an
 1209  attorney retained by the recipient or his or her legal
 1210  representative shall be calculated at 25 percent of the
 1211  judgment, award, or settlement.
 1212         4. Notwithstanding any other provision of this section to
 1213  the contrary, the agency shall be entitled to all medical
 1214  coverage benefits up to the total amount of medical assistance
 1215  provided by Medicaid. For purposes of this paragraph, the term
 1216  “medical coverage” means any benefits under health insurance, a
 1217  health maintenance organization, a preferred provider
 1218  arrangement, or a prepaid health clinic, and the portion of
 1219  benefits designated for medical payments under coverage for
 1220  workers’ compensation coverage, motor vehicle insurance
 1221  coverage, personal injury protection, and casualty coverage.
 1222         Section 30. Paragraph (k) of subsection (2) of section
 1223  456.057, Florida Statutes, is amended to read:
 1224         456.057 Ownership and control of patient records; report or
 1225  copies of records to be furnished; disclosure of information.—
 1226         (2) As used in this section, the terms “records owner,”
 1227  “health care practitioner,” and “health care practitioner’s
 1228  employer” do not include any of the following persons or
 1229  entities; furthermore, the following persons or entities are not
 1230  authorized to acquire or own medical records, but are authorized
 1231  under the confidentiality and disclosure requirements of this
 1232  section to maintain those documents required by the part or
 1233  chapter under which they are licensed or regulated:
 1234         (k) Persons or entities practicing under s. 627.7265 s.
 1235  627.736(7).
 1236         Section 31. Paragraphs (ee) and (ff) of subsection (1) of
 1237  section 456.072, Florida Statutes, are amended to read:
 1238         456.072 Grounds for discipline; penalties; enforcement.—
 1239         (1) The following acts shall constitute grounds for which
 1240  the disciplinary actions specified in subsection (2) may be
 1241  taken:
 1242         (ee) With respect to making a medical payments coverage
 1243  personal injury protection claim under s. 627.7265 as required
 1244  by s. 627.736, intentionally submitting a claim, statement, or
 1245  bill that has been upcoded. As used in this paragraph, the term
 1246  “upcoded” means an action that submits a billing code that would
 1247  result in payment greater in amount than would be paid using a
 1248  billing code that accurately describes the services performed.
 1249  The term does not include an otherwise lawful bill by a magnetic
 1250  resonance imaging facility, which globally combines both
 1251  technical and professional components, if the amount of the
 1252  global bill is not more than the components if billed
 1253  separately; however, payment of such a bill constitutes payment
 1254  in full for all components of such service “upcoded” as defined
 1255  in s. 627.732.
 1256         (ff) With respect to making a medical payments coverage
 1257  personal injury protection claim as required under s. 627.7265
 1258  by s. 627.736, intentionally submitting a claim, statement, or
 1259  bill for payment of services that were not rendered.
 1260         Section 32. Paragraphs (i) and (o) of subsection (1) of
 1261  section 626.9541, Florida Statutes, are amended to read:
 1262         626.9541 Unfair methods of competition and unfair or
 1263  deceptive acts or practices defined.—
 1264         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
 1265  ACTS.—The following are defined as unfair methods of competition
 1266  and unfair or deceptive acts or practices:
 1267         (i) Unfair claim settlement practices.—
 1268         1. Attempting to settle claims on the basis of an
 1269  application, when serving as a binder or intended to become a
 1270  part of the policy, or any other material document which was
 1271  altered without notice to, or knowledge or consent of, the
 1272  insured;
 1273         2. A material misrepresentation made to an insured or any
 1274  other person having an interest in the proceeds payable under
 1275  such contract or policy, for the purpose and with the intent of
 1276  effecting settlement of such claims, loss, or damage under such
 1277  contract or policy on less favorable terms than those provided
 1278  in, and contemplated by, such contract or policy; or
 1279         3. Committing or performing with such frequency as to
 1280  indicate a general business practice any of the following:
 1281         a. Failing to adopt and implement standards for the proper
 1282  investigation of claims;
 1283         b. Misrepresenting pertinent facts or insurance policy
 1284  provisions relating to coverages at issue;
 1285         c. Failing to acknowledge and act promptly upon
 1286  communications with respect to claims;
 1287         d. Denying claims without conducting reasonable
 1288  investigations based upon available information;
 1289         e. Failing to affirm or deny full or partial coverage of
 1290  claims, and, as to partial coverage, the dollar amount or extent
 1291  of coverage, or failing to provide a written statement that the
 1292  claim is being investigated, upon the written request of the
 1293  insured within 30 days after proof-of-loss statements have been
 1294  completed;
 1295         f. Failing to promptly provide a reasonable explanation in
 1296  writing to the insured of the basis in the insurance policy, in
 1297  relation to the facts or applicable law, for denial of a claim
 1298  or for the offer of a compromise settlement;
 1299         g. Failing to promptly notify the insured of any additional
 1300  information necessary for the processing of a claim; or
 1301         h. Failing to clearly explain the nature of the requested
 1302  information and the reasons why such information is necessary.
 1303         i. Failing to pay personal injury protection insurance
 1304  claims within the time periods required by s. 627.736(4)(b). The
 1305  office may order the insurer to pay restitution to a
 1306  policyholder, medical provider, or other claimant, including
 1307  interest at a rate consistent with the amount set forth in s.
 1308  55.03(1), for the time period within which an insurer fails to
 1309  pay claims as required by law. Restitution is in addition to any
 1310  other penalties allowed by law, including, but not limited to,
 1311  the suspension of the insurer’s certificate of authority.
 1312         4. Failing to pay undisputed amounts of partial or full
 1313  benefits owed under first-party property insurance policies
 1314  within 90 days after an insurer receives notice of a residential
 1315  property insurance claim, determines the amounts of partial or
 1316  full benefits, and agrees to coverage, unless payment of the
 1317  undisputed benefits is prevented by an act of God, prevented by
 1318  the impossibility of performance, or due to actions by the
 1319  insured or claimant that constitute fraud, lack of cooperation,
 1320  or intentional misrepresentation regarding the claim for which
 1321  benefits are owed.
 1322         (o) Illegal dealings in premiums; excess or reduced charges
 1323  for insurance.—
 1324         1. Knowingly collecting any sum as a premium or charge for
 1325  insurance, which is not then provided, or is not in due course
 1326  to be provided, subject to acceptance of the risk by the
 1327  insurer, by an insurance policy issued by an insurer as
 1328  permitted by this code.
 1329         2. Knowingly collecting as a premium or charge for
 1330  insurance any sum in excess of or less than the premium or
 1331  charge applicable to such insurance, in accordance with the
 1332  applicable classifications and rates as filed with and approved
 1333  by the office, and as specified in the policy; or, in cases when
 1334  classifications, premiums, or rates are not required by this
 1335  code to be so filed and approved, premiums and charges collected
 1336  from a Florida resident in excess of or less than those
 1337  specified in the policy and as fixed by the insurer.
 1338  Notwithstanding any other provision of law, this provision shall
 1339  not be deemed to prohibit the charging and collection, by
 1340  surplus lines agents licensed under part VIII of this chapter,
 1341  of the amount of applicable state and federal taxes, or fees as
 1342  authorized by s. 626.916(4), in addition to the premium required
 1343  by the insurer or the charging and collection, by licensed
 1344  agents, of the exact amount of any discount or other such fee
 1345  charged by a credit card facility in connection with the use of
 1346  a credit card, as authorized by subparagraph (q)3., in addition
 1347  to the premium required by the insurer. This subparagraph shall
 1348  not be construed to prohibit collection of a premium for a
 1349  universal life or a variable or indeterminate value insurance
 1350  policy made in accordance with the terms of the contract.
 1351         3.a. Imposing or requesting an additional premium for
 1352  bodily injury liability coverage, property damage liability
 1353  coverage a policy of motor vehicle liability, personal injury
 1354  protection, medical payments coverage payment, or collision
 1355  coverage in a motor vehicle liability insurance policy insurance
 1356  or any combination thereof or refusing to renew the policy
 1357  solely because the insured was involved in a motor vehicle
 1358  accident unless the insurer’s file contains information from
 1359  which the insurer in good faith determines that the insured was
 1360  substantially at fault in the accident.
 1361         b. An insurer which imposes and collects such a surcharge
 1362  or which refuses to renew such policy shall, in conjunction with
 1363  the notice of premium due or notice of nonrenewal, notify the
 1364  named insured that he or she is entitled to reimbursement of
 1365  such amount or renewal of the policy under the conditions listed
 1366  below and will subsequently reimburse him or her or renew the
 1367  policy, if the named insured demonstrates that the operator
 1368  involved in the accident was:
 1369         (I) Lawfully parked;
 1370         (II) Reimbursed by, or on behalf of, a person responsible
 1371  for the accident or has a judgment against such person;
 1372         (III) Struck in the rear by another vehicle headed in the
 1373  same direction and was not convicted of a moving traffic
 1374  violation in connection with the accident;
 1375         (IV) Hit by a “hit-and-run” driver, if the accident was
 1376  reported to the proper authorities within 24 hours after
 1377  discovering the accident;
 1378         (V) Not convicted of a moving traffic violation in
 1379  connection with the accident, but the operator of the other
 1380  automobile involved in such accident was convicted of a moving
 1381  traffic violation;
 1382         (VI) Finally adjudicated not to be liable by a court of
 1383  competent jurisdiction;
 1384         (VII) In receipt of a traffic citation which was dismissed
 1385  or nolle prossed; or
 1386         (VIII) Not at fault as evidenced by a written statement
 1387  from the insured establishing facts demonstrating lack of fault
 1388  which are not rebutted by information in the insurer’s file from
 1389  which the insurer in good faith determines that the insured was
 1390  substantially at fault.
 1391         c. In addition to the other provisions of this
 1392  subparagraph, an insurer may not fail to renew a policy if the
 1393  insured has had only one accident in which he or she was at
 1394  fault within the current 3-year period. However, an insurer may
 1395  nonrenew a policy for reasons other than accidents in accordance
 1396  with s. 627.728. This subparagraph does not prohibit nonrenewal
 1397  of a policy under which the insured has had three or more
 1398  accidents, regardless of fault, during the most recent 3-year
 1399  period.
 1400         4. Imposing or requesting an additional premium for, or
 1401  refusing to renew, a policy for motor vehicle insurance solely
 1402  because the insured committed a noncriminal traffic infraction
 1403  as described in s. 318.14 unless the infraction is:
 1404         a. A second infraction committed within an 18-month period,
 1405  or a third or subsequent infraction committed within a 36-month
 1406  period.
 1407         b. A violation of s. 316.183, when such violation is a
 1408  result of exceeding the lawful speed limit by more than 15 miles
 1409  per hour.
 1410         5. Upon the request of the insured, the insurer and
 1411  licensed agent shall supply to the insured the complete proof of
 1412  fault or other criteria which justifies the additional charge or
 1413  cancellation.
 1414         6. No insurer shall impose or request an additional premium
 1415  for motor vehicle insurance, cancel or refuse to issue a policy,
 1416  or refuse to renew a policy because the insured or the applicant
 1417  is a handicapped or physically disabled person, so long as such
 1418  handicap or physical disability does not substantially impair
 1419  such person’s mechanically assisted driving ability.
 1420         7. No insurer may cancel or otherwise terminate any
 1421  insurance contract or coverage, or require execution of a
 1422  consent to rate endorsement, during the stated policy term for
 1423  the purpose of offering to issue, or issuing, a similar or
 1424  identical contract or coverage to the same insured with the same
 1425  exposure at a higher premium rate or continuing an existing
 1426  contract or coverage with the same exposure at an increased
 1427  premium.
 1428         8. No insurer may issue a nonrenewal notice on any
 1429  insurance contract or coverage, or require execution of a
 1430  consent to rate endorsement, for the purpose of offering to
 1431  issue, or issuing, a similar or identical contract or coverage
 1432  to the same insured at a higher premium rate or continuing an
 1433  existing contract or coverage at an increased premium without
 1434  meeting any applicable notice requirements.
 1435         9. No insurer shall, with respect to premiums charged for
 1436  motor vehicle insurance, unfairly discriminate solely on the
 1437  basis of age, sex, marital status, or scholastic achievement.
 1438         10. Imposing or requesting an additional premium for motor
 1439  vehicle comprehensive or uninsured motorist coverage solely
 1440  because the insured was involved in a motor vehicle accident or
 1441  was convicted of a moving traffic violation.
 1442         11. No insurer shall cancel or issue a nonrenewal notice on
 1443  any insurance policy or contract without complying with any
 1444  applicable cancellation or nonrenewal provision required under
 1445  the Florida Insurance Code.
 1446         12. No insurer shall impose or request an additional
 1447  premium, cancel a policy, or issue a nonrenewal notice on any
 1448  insurance policy or contract because of any traffic infraction
 1449  when adjudication has been withheld and no points have been
 1450  assessed pursuant to s. 318.14(9) and (10). However, this
 1451  subparagraph does not apply to traffic infractions involving
 1452  accidents in which the insurer has incurred a loss due to the
 1453  fault of the insured.
 1454         Section 33. Paragraph (a) of subsection (1) of section
 1455  626.989, Florida Statutes, is amended to read:
 1456         626.989 Investigation by department or Division of
 1457  Investigative and Forensic Services; compliance; immunity;
 1458  confidential information; reports to division; division
 1459  investigator’s power of arrest.—
 1460         (1) For the purposes of this section:
 1461         (a) A person commits a “fraudulent insurance act” if the
 1462  person:
 1463         1. Knowingly and with intent to defraud presents, causes to
 1464  be presented, or prepares with knowledge or belief that it will
 1465  be presented, to or by an insurer, self-insurer, self-insurance
 1466  fund, servicing corporation, purported insurer, broker, or any
 1467  agent thereof, any written statement as part of, or in support
 1468  of, an application for the issuance of, or the rating of, any
 1469  insurance policy, or a claim for payment or other benefit
 1470  pursuant to any insurance policy, which the person knows to
 1471  contain materially false information concerning any fact
 1472  material thereto or if the person conceals, for the purpose of
 1473  misleading another, information concerning any fact material
 1474  thereto.
 1475         2. Knowingly submits:
 1476         a. A false, misleading, or fraudulent application or other
 1477  document when applying for licensure as a health care clinic,
 1478  seeking an exemption from licensure as a health care clinic, or
 1479  demonstrating compliance with part X of chapter 400 with an
 1480  intent to use the license, exemption from licensure, or
 1481  demonstration of compliance to provide services or seek
 1482  reimbursement under a motor vehicle liability insurance policy’s
 1483  medical payments coverage the Florida Motor Vehicle No-Fault
 1484  Law.
 1485         b. A claim for payment or other benefit under medical
 1486  payments coverage pursuant to a personal injury protection
 1487  insurance policy under the Florida Motor Vehicle No-Fault Law if
 1488  the person knows that the payee knowingly submitted a false,
 1489  misleading, or fraudulent application or other document when
 1490  applying for licensure as a health care clinic, seeking an
 1491  exemption from licensure as a health care clinic, or
 1492  demonstrating compliance with part X of chapter 400.
 1493         Section 34. Subsection (1) of section 627.06501, Florida
 1494  Statutes, is amended to read:
 1495         627.06501 Insurance discounts for certain persons
 1496  completing driver improvement course.—
 1497         (1) Any rate, rating schedule, or rating manual for the
 1498  liability, medical payments personal injury protection, and
 1499  collision coverages of a motor vehicle insurance policy filed
 1500  with the office may provide for an appropriate reduction in
 1501  premium charges as to such coverages if when the principal
 1502  operator on the covered vehicle has successfully completed a
 1503  driver improvement course approved and certified by the
 1504  Department of Highway Safety and Motor Vehicles which is
 1505  effective in reducing crash or violation rates, or both, as
 1506  determined pursuant to s. 318.1451(5). Any discount, not to
 1507  exceed 10 percent, used by an insurer is presumed to be
 1508  appropriate unless credible data demonstrates otherwise.
 1509         Section 35. Subsection (1) of section 627.0652, Florida
 1510  Statutes, is amended to read:
 1511         627.0652 Insurance discounts for certain persons completing
 1512  safety course.—
 1513         (1) Any rates, rating schedules, or rating manuals for the
 1514  liability, medical payments personal injury protection, and
 1515  collision coverages of a motor vehicle insurance policy filed
 1516  with the office must shall provide for an appropriate reduction
 1517  in premium charges as to such coverages if when the principal
 1518  operator on the covered vehicle is an insured 55 years of age or
 1519  older who has successfully completed a motor vehicle accident
 1520  prevention course approved by the Department of Highway Safety
 1521  and Motor Vehicles. Any discount used by an insurer is presumed
 1522  to be appropriate unless credible data demonstrates otherwise.
 1523         Section 36. Subsections (1), (3), and (6) of section
 1524  627.0653, Florida Statutes, are amended to read:
 1525         627.0653 Insurance discounts for specified motor vehicle
 1526  equipment.—
 1527         (1) Any rates, rating schedules, or rating manuals for the
 1528  liability, medical payments personal injury protection, and
 1529  collision coverages of a motor vehicle insurance policy filed
 1530  with the office must shall provide a premium discount if the
 1531  insured vehicle is equipped with factory-installed, four-wheel
 1532  antilock brakes.
 1533         (3) Any rates, rating schedules, or rating manuals for
 1534  personal injury protection coverage and medical payments
 1535  coverage, if offered, of a motor vehicle insurance policy filed
 1536  with the office must shall provide a premium discount if the
 1537  insured vehicle is equipped with one or more air bags that which
 1538  are factory installed.
 1539         (6) The Office of Insurance Regulation may approve a
 1540  premium discount to any rates, rating schedules, or rating
 1541  manuals for the liability, medical payments personal injury
 1542  protection, and collision coverages of a motor vehicle insurance
 1543  policy filed with the office if the insured vehicle is equipped
 1544  with autonomous driving technology or electronic vehicle
 1545  collision avoidance technology that is factory installed or a
 1546  retrofitted system and that complies with National Highway
 1547  Traffic Safety Administration standards.
 1548         Section 37. Section 627.4132, Florida Statutes, is amended
 1549  to read:
 1550         627.4132 Stacking of coverages prohibited.—If an insured or
 1551  named insured is protected by any type of motor vehicle
 1552  insurance policy for bodily injury and property damage
 1553  liability, personal injury protection, or other coverage, the
 1554  policy must shall provide that the insured or named insured is
 1555  protected only to the extent of the coverage she or he has on
 1556  the vehicle involved in the accident. However, if none of the
 1557  insured’s or named insured’s vehicles are is involved in the
 1558  accident, coverage is available only to the extent of coverage
 1559  on any one of the vehicles with applicable coverage. Coverage on
 1560  any other vehicles may shall not be added to or stacked upon
 1561  that coverage. This section does not apply:
 1562         (1) To uninsured motorist coverage that which is separately
 1563  governed by s. 627.727.
 1564         (2) To reduce the coverage available by reason of insurance
 1565  policies insuring different named insureds.
 1566         Section 38. Section 627.7263, Florida Statutes, is amended
 1567  to read:
 1568         627.7263 Rental and leasing driver’s insurance to be
 1569  primary; exception.—
 1570         (1) The valid and collectible liability insurance and
 1571  medical payments coverage or personal injury protection
 1572  insurance providing coverage for the lessor of a motor vehicle
 1573  for rent or lease is primary unless otherwise stated in at least
 1574  10-point type on the face of the rental or lease agreement. Such
 1575  insurance is primary for the limits of liability and personal
 1576  injury protection coverage as required by s. 324.021(7) and the
 1577  medical payments coverage limit specified under s. 627.7265 ss.
 1578  324.021(7) and 627.736.
 1579         (2) If the lessee’s coverage is to be primary, the rental
 1580  or lease agreement must contain the following language, in at
 1581  least 10-point type:
 1582  
 1583         “The valid and collectible liability insurance and medical
 1584  payments coverage personal injury protection insurance of an any
 1585  authorized rental or leasing driver is primary for the limits of
 1586  liability and personal injury protection coverage required under
 1587  section 324.021(7), Florida Statutes, and the medical payments
 1588  coverage limit specified under section 627.7265 by ss.
 1589  324.021(7) and 627.736, Florida Statutes.”
 1590         Section 39. Section 627.7265, Florida Statutes, is created
 1591  to read:
 1592         627.7265 Motor vehicle insurance; medical payments
 1593  coverage.—
 1594         (1)Medical payments coverage must protect the named
 1595  insured, resident relatives, persons operating the insured motor
 1596  vehicle, passengers in the insured motor vehicle, and persons
 1597  who are struck by the insured motor vehicle and suffer bodily
 1598  injury while not an occupant of a self-propelled motor vehicle
 1599  at a limit of at least $5,000 for medical expense incurred due
 1600  to bodily injury, sickness, or disease arising out of the
 1601  ownership, maintenance, or use of a motor vehicle. The coverage
 1602  must provide an additional death benefit of at least $5,000.
 1603         (a) Before issuing a motor vehicle liability insurance
 1604  policy that is furnished as proof of financial responsibility
 1605  under s. 324.031, the insurer must offer medical payments
 1606  coverage at limits of $5,000 and $10,000. The insurer may also
 1607  offer medical payments coverage at limits greater than $5,000.
 1608         (b)The medical payments coverage must be offered with an
 1609  option with no deductible. The insurer may also offer medical
 1610  payments coverage with a deductible not to exceed $500.
 1611         (c)Each motor vehicle liability insurance policy that is
 1612  furnished as proof of financial responsibility under s. 324.031
 1613  is deemed to have:
 1614         1.Medical payments coverage to a limit of $10,000, unless
 1615  the insurer obtains the policyholder’s written refusal of
 1616  medical payments coverage or written selection of medical
 1617  payments coverage at a limit other than $10,000. The rejection
 1618  or selection of coverage at a limit other than $10,000 must be
 1619  made on a form approved by the office.
 1620         2.No medical payments coverage deductible, unless the
 1621  insurer obtains the policyholder’s written selection of a
 1622  deductible of up to $500. The selection of a deductible must be
 1623  made on a form approved by the office.
 1624         (d)1.The forms in subparagraphs (c)1. and 2. must fully
 1625  advise the applicant of the nature of the coverage being
 1626  rejected or the policy limit or deductible being selected. If
 1627  such form is signed by a named insured, it is conclusively
 1628  presumed that there was an informed, knowing rejection of the
 1629  coverage or election of the policy limit or deductible selected.
 1630         2.Unless the policyholder requests in writing the coverage
 1631  specified in this section, it need not be provided in or
 1632  supplemental to any other policy that renews, insures, extends,
 1633  changes, supersedes, or replaces an existing policy if the
 1634  policyholder has rejected the coverage specified in this section
 1635  or has selected an alternative coverage limit or deductible. At
 1636  least annually, the insurer shall provide the policyholder with
 1637  a notice of the availability of such coverage in a form approved
 1638  by the office. Such notice must be part of, and attached to, the
 1639  notice of premium and must provide for a means to allow the
 1640  insured to request medical payments coverage at the limits and
 1641  deductibles required to be offered under this section. The
 1642  notice must be given in a manner approved by the office. Receipt
 1643  of this notice does not constitute an affirmative waiver of the
 1644  insured’s right to medical payments coverage if the insured has
 1645  not signed a selection or rejection form.
 1646         (e) This section may not be construed to limit any other
 1647  coverage made available by an insurer.
 1648         (2)Upon receiving notice of an accident that is
 1649  potentially covered by medical payments coverage benefits, the
 1650  insurer must reserve $5,000 of medical payments coverage
 1651  benefits for payment to physicians licensed under chapter 458 or
 1652  chapter 459 or dentists licensed under chapter 466 who provide
 1653  emergency services and care, as defined in s. 395.002, or who
 1654  provide hospital inpatient care. The amount required to be held
 1655  in reserve may be used only to pay claims from such physicians
 1656  or dentists until 30 days after the date the insurer receives
 1657  notice of the accident. After the 30-day period, any amount of
 1658  the reserve for which the insurer has not received notice of
 1659  such claims may be used by the insurer to pay other claims. This
 1660  subsection does not require an insurer to establish a claim
 1661  reserve for insurance accounting purposes.
 1662         (3)An insurer providing medical payments coverage benefits
 1663  may not have a:
 1664         (a)Lien on any recovery in tort by judgment, settlement,
 1665  or otherwise for medical payments coverage benefits, whether
 1666  suit has been filed or settlement has been reached without suit;
 1667         (b)Cause of action against an alleged tortfeasor for
 1668  benefits paid under medical payments coverage; or
 1669         (c)Cause of action against a person to whom or for whom
 1670  medical payments coverage benefits were paid, except when
 1671  medical payments coverage benefits are paid by reason of fraud
 1672  by such person.
 1673         Section 40. Subsections (1) and (7) of section 627.727,
 1674  Florida Statutes, are amended, and present subsections (8), (9),
 1675  and (10) of that section are redesignated as subsections (7),
 1676  (8), and (9), respectively, to read:
 1677         627.727 Motor vehicle insurance; uninsured and underinsured
 1678  vehicle coverage; insolvent insurer protection.—
 1679         (1) A No motor vehicle liability insurance policy that
 1680  which provides bodily injury liability coverage may not shall be
 1681  delivered or issued for delivery in this state with respect to
 1682  any specifically insured or identified motor vehicle registered
 1683  or principally garaged in this state, unless uninsured motor
 1684  vehicle coverage is provided therein or supplemental thereto for
 1685  the protection of persons insured thereunder who are legally
 1686  entitled to recover damages from owners or operators of
 1687  uninsured motor vehicles because of bodily injury, sickness, or
 1688  disease, including death, resulting therefrom. However, the
 1689  coverage required under this section is not applicable if when,
 1690  or to the extent that, an insured named in the policy makes a
 1691  written rejection of the coverage on behalf of all insureds
 1692  under the policy. If When a motor vehicle is leased for a period
 1693  of 1 year or longer and the lessor of such vehicle, by the terms
 1694  of the lease contract, provides liability coverage on the leased
 1695  vehicle, the lessee of such vehicle has shall have the sole
 1696  privilege to reject uninsured motorist coverage or to select
 1697  lower limits than the bodily injury liability limits, regardless
 1698  of whether the lessor is qualified as a self-insurer pursuant to
 1699  s. 324.171. Unless an insured, or a lessee having the privilege
 1700  of rejecting uninsured motorist coverage, requests such coverage
 1701  or requests higher uninsured motorist limits in writing, the
 1702  coverage or such higher uninsured motorist limits need not be
 1703  provided in or supplemental to any other policy that which
 1704  renews, extends, changes, supersedes, or replaces an existing
 1705  policy with the same bodily injury liability limits when an
 1706  insured or lessee had rejected the coverage. When an insured or
 1707  lessee has initially selected limits of uninsured motorist
 1708  coverage lower than her or his bodily injury liability limits,
 1709  higher limits of uninsured motorist coverage need not be
 1710  provided in or supplemental to any other policy that which
 1711  renews, extends, changes, supersedes, or replaces an existing
 1712  policy with the same bodily injury liability limits unless an
 1713  insured requests higher uninsured motorist coverage in writing.
 1714  The rejection or selection of lower limits must shall be made on
 1715  a form approved by the office. The form must shall fully advise
 1716  the applicant of the nature of the coverage and must shall state
 1717  that the coverage is equal to bodily injury liability limits
 1718  unless lower limits are requested or the coverage is rejected.
 1719  The heading of the form must shall be in 12-point bold type and
 1720  must shall state: “You are electing not to purchase certain
 1721  valuable coverage that which protects you and your family or you
 1722  are purchasing uninsured motorist limits less than your bodily
 1723  injury liability limits when you sign this form. Please read
 1724  carefully.” If this form is signed by a named insured, it will
 1725  be conclusively presumed that there was an informed, knowing
 1726  rejection of coverage or election of lower limits on behalf of
 1727  all insureds. The insurer shall notify the named insured at
 1728  least annually of her or his options as to the coverage required
 1729  by this section. Such notice must shall be part of, and attached
 1730  to, the notice of premium, must shall provide for a means to
 1731  allow the insured to request such coverage, and must shall be
 1732  given in a manner approved by the office. Receipt of this notice
 1733  does not constitute an affirmative waiver of the insured’s right
 1734  to uninsured motorist coverage if where the insured has not
 1735  signed a selection or rejection form. The coverage described
 1736  under this section must shall be over and above, but may shall
 1737  not duplicate, the benefits available to an insured under any
 1738  workers’ compensation law, personal injury protection benefits,
 1739  disability benefits law, or similar law; under any automobile
 1740  medical payments expense coverage; under any motor vehicle
 1741  liability insurance coverage; or from the owner or operator of
 1742  the uninsured motor vehicle or any other person or organization
 1743  jointly or severally liable together with such owner or operator
 1744  for the accident,; and such coverage must shall cover the
 1745  difference, if any, between the sum of such benefits and the
 1746  damages sustained, up to the maximum amount of such coverage
 1747  provided under this section. The amount of coverage available
 1748  under this section may shall not be reduced by a setoff against
 1749  any coverage, including liability insurance. Such coverage does
 1750  shall not inure directly or indirectly to the benefit of any
 1751  workers’ compensation or disability benefits carrier or any
 1752  person or organization qualifying as a self-insurer under any
 1753  workers’ compensation or disability benefits law or similar law.
 1754         (7) The legal liability of an uninsured motorist coverage
 1755  insurer does not include damages in tort for pain, suffering,
 1756  mental anguish, and inconvenience unless the injury or disease
 1757  is described in one or more of paragraphs (a)-(d) of s.
 1758  627.737(2).
 1759         Section 41. Subsection (1) and paragraphs (a) and (b) of
 1760  subsection (2) of section 627.7275, Florida Statutes, are
 1761  amended to read:
 1762         627.7275 Motor vehicle liability.—
 1763         (1) A motor vehicle insurance policy providing personal
 1764  injury protection as set forth in s. 627.736 may not be
 1765  delivered or issued for delivery in this state for a with
 1766  respect to any specifically insured or identified motor vehicle
 1767  registered or principally garaged in this state must provide
 1768  bodily injury liability coverage and unless the policy also
 1769  provides coverage for property damage liability coverage as
 1770  required under by s. 324.022.
 1771         (2)(a) Insurers writing motor vehicle insurance in this
 1772  state shall make available, subject to the insurers’ usual
 1773  underwriting restrictions:
 1774         1. Coverage under policies as described in subsection (1)
 1775  to an applicant for private passenger motor vehicle insurance
 1776  coverage who is seeking the coverage in order to reinstate the
 1777  applicant’s driving privileges in this state if the driving
 1778  privileges were revoked or suspended pursuant to s. 316.646 or
 1779  s. 324.0221 due to the failure of the applicant to maintain
 1780  required security.
 1781         2. Coverage under policies as described in subsection (1),
 1782  which includes bodily injury also provides liability coverage
 1783  and property damage liability coverage, for bodily injury,
 1784  death, and property damage arising out of the ownership,
 1785  maintenance, or use of the motor vehicle in an amount not less
 1786  than the minimum limits required under described in s.
 1787  324.021(7) or s. 324.023 and which conforms to the requirements
 1788  of s. 324.151, to an applicant for private passenger motor
 1789  vehicle insurance coverage who is seeking the coverage in order
 1790  to reinstate the applicant’s driving privileges in this state
 1791  after such privileges were revoked or suspended under s. 316.193
 1792  or s. 322.26(2) for driving under the influence.
 1793         (b) The policies described in paragraph (a) must shall be
 1794  issued for at least 6 months and, as to the minimum coverages
 1795  required under this section, may not be canceled by the insured
 1796  for any reason or by the insurer after 60 days, during which
 1797  period the insurer is completing the underwriting of the policy.
 1798  After the insurer has completed underwriting the policy, the
 1799  insurer shall notify the Department of Highway Safety and Motor
 1800  Vehicles that the policy is in full force and effect and is not
 1801  cancelable for the remainder of the policy period. A premium
 1802  must shall be collected and the coverage is in effect for the
 1803  60-day period during which the insurer is completing the
 1804  underwriting of the policy, whether or not the person’s driver
 1805  license, motor vehicle tag, and motor vehicle registration are
 1806  in effect. Once the noncancelable provisions of the policy
 1807  become effective, the bodily injury liability and property
 1808  damage liability coverages for bodily injury, property damage,
 1809  and personal injury protection may not be reduced below the
 1810  minimum limits required under s. 324.021 or s. 324.023 during
 1811  the policy period.
 1812         Section 42. Paragraph (a) of subsection (1) of section
 1813  627.728, Florida Statutes, is amended to read:
 1814         627.728 Cancellations; nonrenewals.—
 1815         (1) As used in this section, the term:
 1816         (a) “Policy” means the bodily injury and property damage
 1817  liability, personal injury protection, medical payments,
 1818  comprehensive, collision, and uninsured motorist coverage
 1819  portions of a policy of motor vehicle insurance delivered or
 1820  issued for delivery in this state:
 1821         1. Insuring a natural person as named insured or one or
 1822  more related individuals who are residents resident of the same
 1823  household; and
 1824         2. Insuring only a motor vehicle of the private passenger
 1825  type or station wagon type which is not used as a public or
 1826  livery conveyance for passengers or rented to others; or
 1827  insuring any other four-wheel motor vehicle having a load
 1828  capacity of 1,500 pounds or less which is not used in the
 1829  occupation, profession, or business of the insured other than
 1830  farming; other than any policy issued under an automobile
 1831  insurance assigned risk plan or covering garage, automobile
 1832  sales agency, repair shop, service station, or public parking
 1833  place operation hazards.
 1834  
 1835         The term “policy” does not include a binder as defined in
 1836  s. 627.420 unless the duration of the binder period exceeds 60
 1837  days.
 1838         Section 43. Subsection (1), paragraph (a) of subsection
 1839  (5), and subsections (6) and (7) of section 627.7295, Florida
 1840  Statutes, are amended to read:
 1841         627.7295 Motor vehicle insurance contracts.—
 1842         (1) As used in this section, the term:
 1843         (a) “Policy” means a motor vehicle insurance policy that
 1844  provides bodily injury liability personal injury protection
 1845  coverage and, property damage liability coverage, or both.
 1846         (b) “Binder” means a binder that provides motor vehicle
 1847  bodily injury liability coverage personal injury protection and
 1848  property damage liability coverage.
 1849         (5)(a) A licensed general lines agent may charge a per
 1850  policy fee up to not to exceed $10 to cover the administrative
 1851  costs of the agent associated with selling the motor vehicle
 1852  insurance policy if the policy covers only bodily injury
 1853  liability coverage personal injury protection coverage as
 1854  provided by s. 627.736 and property damage liability coverage as
 1855  provided by s. 627.7275 and if no other insurance is sold or
 1856  issued in conjunction with or collateral to the policy. The fee
 1857  is not considered part of the premium.
 1858         (6) If a motor vehicle owner’s driver license, license
 1859  plate, and registration have previously been suspended pursuant
 1860  to s. 316.646 or s. 627.733, an insurer may cancel a new policy
 1861  only as provided in s. 627.7275.
 1862         (7) A policy of private passenger motor vehicle insurance
 1863  or a binder for such a policy may be initially issued in this
 1864  state only if, before the effective date of such binder or
 1865  policy, the insurer or agent has collected from the insured an
 1866  amount equal to 2 months’ premium from the insured. An insurer,
 1867  agent, or premium finance company may not, directly or
 1868  indirectly, take any action that results resulting in the
 1869  insured paying having paid from the insured’s own funds an
 1870  amount less than the 2 months’ premium required by this
 1871  subsection. This subsection applies without regard to whether
 1872  the premium is financed by a premium finance company or is paid
 1873  pursuant to a periodic payment plan of an insurer or an
 1874  insurance agent.
 1875         (a) This subsection does not apply:
 1876         1. If an insured or member of the insured’s family is
 1877  renewing or replacing a policy or a binder for such policy
 1878  written by the same insurer or a member of the same insurer
 1879  group. This subsection does not apply
 1880         2. To an insurer that issues private passenger motor
 1881  vehicle coverage primarily to active duty or former military
 1882  personnel or their dependents. This subsection does not apply
 1883         3. If all policy payments are paid pursuant to a payroll
 1884  deduction plan, an automatic electronic funds transfer payment
 1885  plan from the policyholder, or a recurring credit card or debit
 1886  card agreement with the insurer.
 1887         (b) This subsection and subsection (4) do not apply if:
 1888         1. All policy payments to an insurer are paid pursuant to
 1889  an automatic electronic funds transfer payment plan from an
 1890  agent, a managing general agent, or a premium finance company
 1891  and if the policy includes, at a minimum, bodily injury
 1892  liability coverage and personal injury protection pursuant to
 1893  ss. 627.730-627.7405; motor vehicle property damage liability
 1894  coverage pursuant to s. 627.7275; or and bodily injury liability
 1895  in at least the amount of $10,000 because of bodily injury to,
 1896  or death of, one person in any one accident and in the amount of
 1897  $20,000 because of bodily injury to, or death of, two or more
 1898  persons in any one accident. This subsection and subsection (4)
 1899  do not apply if
 1900         2. An insured has had a policy in effect for at least 6
 1901  months, the insured’s agent is terminated by the insurer that
 1902  issued the policy, and the insured obtains coverage on the
 1903  policy’s renewal date with a new company through the terminated
 1904  agent.
 1905         Section 44. Section 627.7415, Florida Statutes, is amended
 1906  to read:
 1907         627.7415 Commercial motor vehicles; additional liability
 1908  insurance coverage.—Beginning January 1, 2020, commercial motor
 1909  vehicles, as defined in s. 207.002 or s. 320.01, operated upon
 1910  the roads and highways of this state must shall be insured with
 1911  the following minimum levels of combined bodily liability
 1912  insurance and property damage liability insurance in addition to
 1913  any other insurance requirements:
 1914         (1) Sixty Fifty thousand dollars per occurrence for a
 1915  commercial motor vehicle with a gross vehicle weight of 26,000
 1916  pounds or more, but less than 35,000 pounds.
 1917         (2) One hundred twenty thousand dollars per occurrence for
 1918  a commercial motor vehicle with a gross vehicle weight of 35,000
 1919  pounds or more, but less than 44,000 pounds.
 1920         (3) Three hundred thousand dollars per occurrence for a
 1921  commercial motor vehicle with a gross vehicle weight of 44,000
 1922  pounds or more.
 1923         (4) All commercial motor vehicles subject to regulations of
 1924  the United States Department of Transportation, 49 C.F.R. part
 1925  387, subpart A, and as may be hereinafter amended, shall be
 1926  insured in an amount equivalent to the minimum levels of
 1927  financial responsibility as set forth in such regulations.
 1928  
 1929         A violation of this section is a noncriminal traffic
 1930  infraction, punishable as a nonmoving violation as provided in
 1931  chapter 318.
 1932         Section 45. Paragraphs (b), (c), and (g) of subsection (7)
 1933  and paragraphs (a) and (b) of subsection (8) of section 627.748,
 1934  Florida Statutes, are amended to read:
 1935         627.748 Transportation network companies.—
 1936         (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE
 1937  REQUIREMENTS.—
 1938         (b) The following automobile insurance requirements apply
 1939  while a participating TNC driver is logged on to the digital
 1940  network but is not engaged in a prearranged ride:
 1941         1. Automobile insurance that provides:
 1942         a. A primary automobile liability coverage of at least
 1943  $50,000 for death and bodily injury per person, $100,000 for
 1944  death and bodily injury per incident, and $25,000 for property
 1945  damage; and
 1946         b. Personal injury protection benefits that meet the
 1947  minimum coverage amounts required under ss. 627.730-627.7405;
 1948  and
 1949         c. Uninsured and underinsured vehicle coverage as required
 1950  by s. 627.727.
 1951         2. The coverage requirements of this paragraph may be
 1952  satisfied by any of the following:
 1953         a. Automobile insurance maintained by the TNC driver;
 1954         b. Automobile insurance maintained by the TNC; or
 1955         c. A combination of sub-subparagraphs a. and b.
 1956         (c) The following automobile insurance requirements apply
 1957  while a TNC driver is engaged in a prearranged ride:
 1958         1. Automobile insurance that provides:
 1959         a. A primary automobile liability coverage of at least $1
 1960  million for death, bodily injury, and property damage; and
 1961         b. Personal injury protection benefits that meet the
 1962  minimum coverage amounts required of a limousine under ss.
 1963  627.730-627.7405; and
 1964         c. Uninsured and underinsured vehicle coverage as required
 1965  by s. 627.727.
 1966         2. The coverage requirements of this paragraph may be
 1967  satisfied by any of the following:
 1968         a. Automobile insurance maintained by the TNC driver;
 1969         b. Automobile insurance maintained by the TNC; or
 1970         c. A combination of sub-subparagraphs a. and b.
 1971         (g) Insurance satisfying the requirements under this
 1972  subsection is deemed to satisfy the financial responsibility
 1973  requirement for a motor vehicle under chapter 324 and the
 1974  security required under s. 627.733 for any period when the TNC
 1975  driver is logged onto the digital network or engaged in a
 1976  prearranged ride.
 1977         (8) TRANSPORTATION NETWORK COMPANY AND INSURER; DISCLOSURE;
 1978  EXCLUSIONS.—
 1979         (a) Before a TNC driver is allowed to accept a request for
 1980  a prearranged ride on the digital network, the TNC must disclose
 1981  in writing to the TNC driver:
 1982         1. The insurance coverage, including the types of coverage
 1983  and the limits for each coverage, which the TNC provides while
 1984  the TNC driver uses a TNC vehicle in connection with the TNC’s
 1985  digital network.
 1986         2. That the TNC driver’s own automobile insurance policy
 1987  might not provide any coverage while the TNC driver is logged on
 1988  to the digital network or is engaged in a prearranged ride,
 1989  depending on the terms of the TNC driver’s own automobile
 1990  insurance policy.
 1991         3. That the provision of rides for compensation which are
 1992  not prearranged rides subjects the driver to the coverage
 1993  requirements imposed under s. 324.032(1) and (2) and that
 1994  failure to meet such coverage requirements subjects the TNC
 1995  driver to penalties provided in s. 324.221, up to and including
 1996  a misdemeanor of the second degree.
 1997         (b)1. An insurer that provides an automobile liability
 1998  insurance policy under this part may exclude any and all
 1999  coverage afforded under the policy issued to an owner or
 2000  operator of a TNC vehicle while driving that vehicle for any
 2001  loss or injury that occurs while a TNC driver is logged on to a
 2002  digital network or while a TNC driver provides a prearranged
 2003  ride. Exclusions imposed under this subsection are limited to
 2004  coverage while a TNC driver is logged on to a digital network or
 2005  while a TNC driver provides a prearranged ride. This right to
 2006  exclude all coverage may apply to any coverage included in an
 2007  automobile insurance policy, including, but not limited to:
 2008         a. Liability coverage for bodily injury and property
 2009  damage;
 2010         b. Uninsured and underinsured motorist coverage;
 2011         c. Medical payments coverage;
 2012         d. Comprehensive physical damage coverage; and
 2013         e. Collision physical damage coverage; and
 2014         f. Personal injury protection.
 2015         2. The exclusions described in subparagraph 1. apply
 2016  notwithstanding any requirement under chapter 324. These
 2017  exclusions do not affect or diminish coverage otherwise
 2018  available for permissive drivers or resident relatives under the
 2019  personal automobile insurance policy of the TNC driver or owner
 2020  of the TNC vehicle who are not occupying the TNC vehicle at the
 2021  time of loss. This section does not require that a personal
 2022  automobile insurance policy provide coverage while the TNC
 2023  driver is logged on to a digital network, while the TNC driver
 2024  is engaged in a prearranged ride, or while the TNC driver
 2025  otherwise uses a vehicle to transport riders for compensation.
 2026         3. This section must not be construed to require an insurer
 2027  to use any particular policy language or reference to this
 2028  section in order to exclude any and all coverage for any loss or
 2029  injury that occurs while a TNC driver is logged on to a digital
 2030  network or while a TNC driver provides a prearranged ride.
 2031         4. This section does not preclude an insurer from providing
 2032  primary or excess coverage for the TNC driver’s vehicle by
 2033  contract or endorsement.
 2034         Section 46. Section 627.8405, Florida Statutes, is amended
 2035  to read:
 2036         627.8405 Prohibited acts; financing companies.—A No premium
 2037  finance company shall, in a premium finance agreement or other
 2038  agreement, may not finance the cost of or otherwise provide for
 2039  the collection or remittance of dues, assessments, fees, or
 2040  other periodic payments of money for the cost of:
 2041         (1) A membership in an automobile club. The term
 2042  “automobile club” means a legal entity that which, in
 2043  consideration of dues, assessments, or periodic payments of
 2044  money, promises its members or subscribers to assist them in
 2045  matters relating to the ownership, operation, use, or
 2046  maintenance of a motor vehicle; however, the term this
 2047  definition of “automobile club” does not include persons,
 2048  associations, or corporations which are organized and operated
 2049  solely for the purpose of conducting, sponsoring, or sanctioning
 2050  motor vehicle races, exhibitions, or contests upon racetracks,
 2051  or upon racecourses established and marked as such for the
 2052  duration of such particular events. The term words “motor
 2053  vehicle” used herein has have the same meaning as defined in
 2054  chapter 320.
 2055         (2) An accidental death and dismemberment policy sold in
 2056  combination with a policy providing only bodily injury liability
 2057  coverage personal injury protection and property damage
 2058  liability coverage only policy.
 2059         (3) Any product not regulated under the provisions of this
 2060  insurance code.
 2061  
 2062         This section also applies to premium financing by any
 2063  insurance agent or insurance company under part XVI. The
 2064  commission shall adopt rules to assure disclosure, at the time
 2065  of sale, of coverages financed with personal injury protection
 2066  and shall prescribe the form of such disclosure.
 2067         Section 47. Subsection (1) of section 627.915, Florida
 2068  Statutes, is amended to read:
 2069         627.915 Insurer experience reporting.—
 2070         (1) Each insurer transacting private passenger automobile
 2071  insurance in this state shall report certain information
 2072  annually to the office. The information will be due on or before
 2073  July 1 of each year. The information must shall be divided into
 2074  the following categories: bodily injury liability; property
 2075  damage liability; uninsured motorist; personal injury protection
 2076  benefits; medical payments; and comprehensive and collision. The
 2077  information given must shall be on direct insurance writings in
 2078  the state alone and shall represent total limits data. The
 2079  information set forth in paragraphs (a)-(f) is applicable to
 2080  voluntary private passenger and Joint Underwriting Association
 2081  private passenger writings and must shall be reported for each
 2082  of the latest 3 calendar-accident years, with an evaluation date
 2083  of March 31 of the current year. The information set forth in
 2084  paragraphs (g)-(j) is applicable to voluntary private passenger
 2085  writings and must shall be reported on a calendar-accident year
 2086  basis ultimately seven times at seven different stages of
 2087  development.
 2088         (a) Premiums earned for the latest 3 calendar-accident
 2089  years.
 2090         (b) Loss development factors and the historic development
 2091  of those factors.
 2092         (c) Policyholder dividends incurred.
 2093         (d) Expenses for other acquisition and general expense.
 2094         (e) Expenses for agents’ commissions and taxes, licenses,
 2095  and fees.
 2096         (f) Profit and contingency factors as utilized in the
 2097  insurer’s automobile rate filings for the applicable years.
 2098         (g) Losses paid.
 2099         (h) Losses unpaid.
 2100         (i) Loss adjustment expenses paid.
 2101         (j) Loss adjustment expenses unpaid.
 2102         Section 48. Subsections (2) and (3) of section 628.909,
 2103  Florida Statutes, are amended to read:
 2104         628.909 Applicability of other laws.—
 2105         (2) The following provisions of the Florida Insurance Code
 2106  apply to captive insurance companies that who are not industrial
 2107  insured captive insurance companies to the extent that such
 2108  provisions are not inconsistent with this part:
 2109         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 2110  624.40851, 624.4095, 624.411, 624.425, and 624.426.
 2111         (b) Chapter 625, part II.
 2112         (c) Chapter 626, part IX.
 2113         (d) Sections 627.730-627.7405, when no-fault coverage is
 2114  provided.
 2115         (e) Chapter 628.
 2116         (3) The following provisions of the Florida Insurance Code
 2117  shall apply to industrial insured captive insurance companies to
 2118  the extent that such provisions are not inconsistent with this
 2119  part:
 2120         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 2121  624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1).
 2122         (b) Chapter 625, part II, if the industrial insured captive
 2123  insurance company is incorporated in this state.
 2124         (c) Chapter 626, part IX.
 2125         (d) Sections 627.730-627.7405 when no-fault coverage is
 2126  provided.
 2127         (e) Chapter 628, except for ss. 628.341, 628.351, and
 2128  628.6018.
 2129         Section 49. Subsections (2), (6), and (7) of section
 2130  705.184, Florida Statutes, are amended to read:
 2131         705.184 Derelict or abandoned motor vehicles on the
 2132  premises of public-use airports.—
 2133         (2) The airport director or the director’s designee shall
 2134  contact the Department of Highway Safety and Motor Vehicles to
 2135  notify that department that the airport has possession of the
 2136  abandoned or derelict motor vehicle and to determine the name
 2137  and address of the owner of the motor vehicle, the insurance
 2138  company insuring the motor vehicle, notwithstanding the
 2139  provisions of s. 627.736, and any person who has filed a lien on
 2140  the motor vehicle. Within 7 business days after receipt of the
 2141  information, the director or the director’s designee shall send
 2142  notice by certified mail, return receipt requested, to the owner
 2143  of the motor vehicle, the insurance company insuring the motor
 2144  vehicle, notwithstanding the provisions of s. 627.736, and all
 2145  persons of record claiming a lien against the motor vehicle. The
 2146  notice must shall state the fact of possession of the motor
 2147  vehicle, that charges for reasonable towing, storage, and
 2148  parking fees, if any, have accrued and the amount thereof, that
 2149  a lien as provided in subsection (6) will be claimed, that the
 2150  lien is subject to enforcement pursuant to law, that the owner
 2151  or lienholder, if any, has the right to a hearing as set forth
 2152  in subsection (4), and that any motor vehicle which, at the end
 2153  of 30 calendar days after receipt of the notice, has not been
 2154  removed from the airport upon payment in full of all accrued
 2155  charges for reasonable towing, storage, and parking fees, if
 2156  any, may be disposed of as provided in s. 705.182(2)(a), (b),
 2157  (d), or (e), including, but not limited to, the motor vehicle
 2158  being sold free of all prior liens after 35 calendar days after
 2159  the time the motor vehicle is stored if any prior liens on the
 2160  motor vehicle are more than 5 years of age or after 50 calendar
 2161  days after the time the motor vehicle is stored if any prior
 2162  liens on the motor vehicle are 5 years of age or less.
 2163         (6) The airport pursuant to this section or, if used, a
 2164  licensed independent wrecker company pursuant to s. 713.78 shall
 2165  have a lien on an abandoned or derelict motor vehicle for all
 2166  reasonable towing, storage, and accrued parking fees, if any,
 2167  except that no storage fee may shall be charged if the motor
 2168  vehicle is stored less than 6 hours. As a prerequisite to
 2169  perfecting a lien under this section, the airport director or
 2170  the director’s designee must serve a notice in accordance with
 2171  subsection (2) on the owner of the motor vehicle, the insurance
 2172  company insuring the motor vehicle, notwithstanding the
 2173  provisions of s. 627.736, and all persons of record claiming a
 2174  lien against the motor vehicle. If attempts to notify the owner,
 2175  the insurance company insuring the motor vehicle,
 2176  notwithstanding the provisions of s. 627.736, or lienholders are
 2177  not successful, the requirement of notice by mail shall be
 2178  considered met. Serving of the notice does not dispense with
 2179  recording the claim of lien.
 2180         (7)(a) For the purpose of perfecting its lien under this
 2181  section, the airport shall record a claim of lien which states
 2182  shall state:
 2183         1. The name and address of the airport.
 2184         2. The name of the owner of the motor vehicle, the
 2185  insurance company insuring the motor vehicle, notwithstanding
 2186  the provisions of s. 627.736, and all persons of record claiming
 2187  a lien against the motor vehicle.
 2188         3. The costs incurred from reasonable towing, storage, and
 2189  parking fees, if any.
 2190         4. A description of the motor vehicle sufficient for
 2191  identification.
 2192         (b) The claim of lien must shall be signed and sworn to or
 2193  affirmed by the airport director or the director’s designee.
 2194         (c) The claim of lien is shall be sufficient if it is in
 2195  substantially the following form:
 2196  
 2197                            CLAIM OF LIEN                          
 2198         State of ........
 2199         County of ........
 2200         Before me, the undersigned notary public, personally
 2201  appeared ........, who was duly sworn and says that he/she is
 2202  the ........ of ............, whose address is........; and that
 2203  the following described motor vehicle:
 2204         ...(Description of motor vehicle)...
 2205         owned by ........, whose address is ........, has accrued
 2206  $........ in fees for a reasonable tow, for storage, and for
 2207  parking, if applicable; that the lienor served its notice to the
 2208  owner, the insurance company insuring the motor vehicle
 2209  notwithstanding the provisions of s. 627.736, Florida Statutes,
 2210  and all persons of record claiming a lien against the motor
 2211  vehicle on ...., ...(year)..., by.........
 2212         ...(Signature)...
 2213         Sworn to (or affirmed) and subscribed before me this ....
 2214  day of ...., ...(year)..., by ...(name of person making
 2215  statement)....
 2216         ...(Signature of Notary Public)......(Print, Type, or Stamp
 2217  Commissioned name of Notary Public)...
 2218         Personally Known....OR Produced....as identification.
 2219  
 2220         However, the negligent inclusion or omission of any
 2221  information in this claim of lien which does not prejudice the
 2222  owner does not constitute a default that operates to defeat an
 2223  otherwise valid lien.
 2224         (d) The claim of lien must shall be served on the owner of
 2225  the motor vehicle, the insurance company insuring the motor
 2226  vehicle, notwithstanding the provisions of s. 627.736, and all
 2227  persons of record claiming a lien against the motor vehicle. If
 2228  attempts to notify the owner, the insurance company insuring the
 2229  motor vehicle notwithstanding the provisions of s. 627.736, or
 2230  lienholders are not successful, the requirement of notice by
 2231  mail shall be considered met. The claim of lien must shall be so
 2232  served before recordation.
 2233         (e) The claim of lien must shall be recorded with the clerk
 2234  of court in the county where the airport is located. The
 2235  recording of the claim of lien shall be constructive notice to
 2236  all persons of the contents and effect of such claim. The lien
 2237  attaches shall attach at the time of recordation and takes shall
 2238  take priority as of that time.
 2239         Section 50. Subsection (4) of section 713.78, Florida
 2240  Statutes, is amended to read:
 2241         713.78 Liens for recovering, towing, or storing vehicles
 2242  and vessels.—
 2243         (4)(a) Any person regularly engaged in the business of
 2244  recovering, towing, or storing vehicles or vessels who comes
 2245  into possession of a vehicle or vessel pursuant to subsection
 2246  (2), and who claims a lien for recovery, towing, or storage
 2247  services, shall give notice to the registered owner, the
 2248  insurance company insuring the vehicle notwithstanding the
 2249  provisions of s. 627.736, and to all persons claiming a lien
 2250  thereon, as disclosed by the records in the Department of
 2251  Highway Safety and Motor Vehicles or as disclosed by the records
 2252  of any corresponding agency in any other state in which the
 2253  vehicle is identified through a records check of the National
 2254  Motor Vehicle Title Information System or an equivalent
 2255  commercially available system as being titled or registered.
 2256         (b) If a Whenever any law enforcement agency authorizes the
 2257  removal of a vehicle or vessel or if a whenever any towing
 2258  service, garage, repair shop, or automotive service, storage, or
 2259  parking place notifies the law enforcement agency of possession
 2260  of a vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
 2261  enforcement agency of the jurisdiction where the vehicle or
 2262  vessel is stored shall contact the Department of Highway Safety
 2263  and Motor Vehicles, or the appropriate agency of the state of
 2264  registration, if known, within 24 hours through the medium of
 2265  electronic communications, giving the full description of the
 2266  vehicle or vessel. Upon receipt of the full description of the
 2267  vehicle or vessel, the department shall search its files to
 2268  determine the owner’s name, the insurance company insuring the
 2269  vehicle or vessel, and whether any person has filed a lien upon
 2270  the vehicle or vessel as provided in s. 319.27(2) and (3) and
 2271  notify the applicable law enforcement agency within 72 hours.
 2272  The person in charge of the towing service, garage, repair shop,
 2273  or automotive service, storage, or parking place shall obtain
 2274  such information from the applicable law enforcement agency
 2275  within 5 days after the date of storage and shall give notice
 2276  pursuant to paragraph (a). The department may release the
 2277  insurance company information to the requestor notwithstanding
 2278  the provisions of s. 627.736.
 2279         (c) Notice by certified mail must shall be sent within 7
 2280  business days after the date of storage of the vehicle or vessel
 2281  to the registered owner, the insurance company insuring the
 2282  vehicle notwithstanding the provisions of s. 627.736, and all
 2283  persons of record claiming a lien against the vehicle or vessel.
 2284  The notice must It shall state the fact of possession of the
 2285  vehicle or vessel, that a lien as provided in subsection (2) is
 2286  claimed, that charges have accrued and the amount thereof, that
 2287  the lien is subject to enforcement pursuant to law, and that the
 2288  owner or lienholder, if any, has the right to a hearing as set
 2289  forth in subsection (5), and that any vehicle or vessel which
 2290  remains unclaimed, or for which the charges for recovery,
 2291  towing, or storage services remain unpaid, may be sold free of
 2292  all prior liens after 35 days if the vehicle or vessel is more
 2293  than 3 years of age or after 50 days if the vehicle or vessel is
 2294  3 years of age or less.
 2295         (d) If attempts to locate the name and address of the owner
 2296  or lienholder prove unsuccessful, the towing-storage operator
 2297  must shall, after 7 working days, excluding Saturday and Sunday,
 2298  of the initial tow or storage, notify the public agency of
 2299  jurisdiction where the vehicle or vessel is stored in writing by
 2300  certified mail or acknowledged hand delivery that the towing
 2301  storage company has been unable to locate the name and address
 2302  of the owner or lienholder and a physical search of the vehicle
 2303  or vessel has disclosed no ownership information and a good
 2304  faith effort has been made, including records checks of the
 2305  Department of Highway Safety and Motor Vehicles database and the
 2306  National Motor Vehicle Title Information System or an equivalent
 2307  commercially available system. As used in For purposes of this
 2308  paragraph and subsection (9), the term “good faith effort” means
 2309  that the following checks have been performed by the company to
 2310  establish prior state of registration and for title:
 2311         1. Check of the Department of Highway Safety and Motor
 2312  Vehicles database for the owner and any lienholder.
 2313         2. Check of the electronic National Motor Vehicle Title
 2314  Information System or an equivalent commercially available
 2315  system to determine the state of registration when there is not
 2316  a current registration record for the vehicle on file with the
 2317  Department of Highway Safety and Motor Vehicles.
 2318         3. Check of vehicle or vessel for any type of tag, tag
 2319  record, temporary tag, or regular tag.
 2320         4. Check of law enforcement report for tag number or other
 2321  information identifying the vehicle or vessel, if the vehicle or
 2322  vessel was towed at the request of a law enforcement officer.
 2323         5. Check of trip sheet or tow ticket of tow truck operator
 2324  to see if a tag was on vehicle or vessel at beginning of tow, if
 2325  private tow.
 2326         6. If there is no address of the owner on the impound
 2327  report, check of law enforcement report to see if an out-of
 2328  state address is indicated from driver license information.
 2329         7. Check of vehicle or vessel for inspection sticker or
 2330  other stickers and decals that may indicate a state of possible
 2331  registration.
 2332         8. Check of the interior of the vehicle or vessel for any
 2333  papers that may be in the glove box, trunk, or other areas for a
 2334  state of registration.
 2335         9. Check of vehicle for vehicle identification number.
 2336         10. Check of vessel for vessel registration number.
 2337         11. Check of vessel hull for a hull identification number
 2338  which should be carved, burned, stamped, embossed, or otherwise
 2339  permanently affixed to the outboard side of the transom or, if
 2340  there is no transom, to the outmost seaboard side at the end of
 2341  the hull that bears the rudder or other steering mechanism.
 2342         Section 51. Paragraph (a) of subsection (1), paragraph (c)
 2343  of subsection (7), paragraphs (a), (b), and (c) of subsection
 2344  (8), and subsections (9) and (10) of section 817.234, Florida
 2345  Statutes, are amended to read:
 2346         817.234 False and fraudulent insurance claims.—
 2347         (1)(a) A person commits insurance fraud punishable as
 2348  provided in subsection (11) if that person, with the intent to
 2349  injure, defraud, or deceive any insurer:
 2350         1. Presents or causes to be presented any written or oral
 2351  statement as part of, or in support of, a claim for payment or
 2352  other benefit pursuant to an insurance policy or a health
 2353  maintenance organization subscriber or provider contract,
 2354  knowing that such statement contains any false, incomplete, or
 2355  misleading information concerning any fact or thing material to
 2356  such claim;
 2357         2. Prepares or makes any written or oral statement that is
 2358  intended to be presented to an any insurer in connection with,
 2359  or in support of, any claim for payment or other benefit
 2360  pursuant to an insurance policy or a health maintenance
 2361  organization subscriber or provider contract, knowing that such
 2362  statement contains any false, incomplete, or misleading
 2363  information concerning any fact or thing material to such claim;
 2364         3.a. Knowingly presents, causes to be presented, or
 2365  prepares or makes with knowledge or belief that it will be
 2366  presented to an any insurer, purported insurer, servicing
 2367  corporation, insurance broker, or insurance agent, or any
 2368  employee or agent thereof, any false, incomplete, or misleading
 2369  information or a written or oral statement as part of, or in
 2370  support of, an application for the issuance of, or the rating
 2371  of, any insurance policy, or a health maintenance organization
 2372  subscriber or provider contract; or
 2373         b. Knowingly conceals information concerning any fact
 2374  material to such application; or
 2375         4. Knowingly presents, causes to be presented, or prepares
 2376  or makes with knowledge or belief that it will be presented to
 2377  any insurer a claim for payment or other benefit under medical
 2378  payments coverage in a motor vehicle a personal injury
 2379  protection insurance policy if the person knows that the payee
 2380  knowingly submitted a false, misleading, or fraudulent
 2381  application or other document when applying for licensure as a
 2382  health care clinic, seeking an exemption from licensure as a
 2383  health care clinic, or demonstrating compliance with part X of
 2384  chapter 400.
 2385         (7)
 2386         (c) An insurer, or any person acting at the direction of or
 2387  on behalf of an insurer, may not change an opinion in a mental
 2388  or physical report prepared under s. 627.736(7) or direct the
 2389  physician preparing the report to change such opinion; however,
 2390  this provision does not preclude the insurer from calling to the
 2391  attention of the physician errors of fact in the report based
 2392  upon information in the claim file. Any person who violates this
 2393  paragraph commits a felony of the third degree, punishable as
 2394  provided in s. 775.082, s. 775.083, or s. 775.084.
 2395         (8)(a) It is unlawful for any person intending to defraud
 2396  any other person to solicit or cause to be solicited any
 2397  business from a person involved in a motor vehicle accident for
 2398  the purpose of making, adjusting, or settling motor vehicle tort
 2399  claims or claims for benefits under medical payments coverage in
 2400  a motor vehicle insurance policy personal injury protection
 2401  benefits required by s. 627.736. Any person who violates the
 2402  provisions of this paragraph commits a felony of the second
 2403  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2404  775.084. A person who is convicted of a violation of this
 2405  subsection shall be sentenced to a minimum term of imprisonment
 2406  of 2 years.
 2407         (b) A person may not solicit or cause to be solicited any
 2408  business from a person involved in a motor vehicle accident by
 2409  any means of communication other than advertising directed to
 2410  the public for the purpose of making motor vehicle tort claims
 2411  or claims for benefits under medical payments coverage in a
 2412  motor vehicle insurance policy personal injury protection
 2413  benefits required by s. 627.736, within 60 days after the
 2414  occurrence of the motor vehicle accident. Any person who
 2415  violates this paragraph commits a felony of the third degree,
 2416  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2417         (c) A lawyer, health care practitioner as defined in s.
 2418  456.001, or owner or medical director of a clinic required to be
 2419  licensed pursuant to s. 400.9905 may not, at any time after 60
 2420  days have elapsed from the occurrence of a motor vehicle
 2421  accident, solicit or cause to be solicited any business from a
 2422  person involved in a motor vehicle accident by means of in
 2423  person or telephone contact at the person’s residence, for the
 2424  purpose of making motor vehicle tort claims or claims for
 2425  benefits under medical payments coverage in a motor vehicle
 2426  insurance policy personal injury protection benefits required by
 2427  s. 627.736. Any person who violates this paragraph commits a
 2428  felony of the third degree, punishable as provided in s.
 2429  775.082, s. 775.083, or s. 775.084.
 2430         (9) A person may not organize, plan, or knowingly
 2431  participate in an intentional motor vehicle crash or a scheme to
 2432  create documentation of a motor vehicle crash that did not occur
 2433  for the purpose of making motor vehicle tort claims or claims
 2434  for benefits under medical payments coverage in a motor vehicle
 2435  insurance policy personal injury protection benefits as required
 2436  by s. 627.736. Any person who violates this subsection commits a
 2437  felony of the second degree, punishable as provided in s.
 2438  775.082, s. 775.083, or s. 775.084. A person who is convicted of
 2439  a violation of this subsection shall be sentenced to a minimum
 2440  term of imprisonment of 2 years.
 2441         (10) A licensed health care practitioner who is found
 2442  guilty of insurance fraud under this section for an act relating
 2443  to a motor vehicle personal injury protection insurance policy
 2444  loses his or her license to practice for 5 years and may not
 2445  receive reimbursement under medical payments coverage in a motor
 2446  vehicle insurance policy for personal injury protection benefits
 2447  for 10 years.
 2448         Section 52. Section 627.7278, Florida Statutes, is created
 2449  to read:
 2450         Applicability and construction; notice to policyholders.—
 2451         (1) As used in this section, the term “minimum security
 2452  requirements” means security that enables a person to respond in
 2453  damages for liability on account of crashes arising out of the
 2454  ownership, maintenance, or use of a motor vehicle, in the
 2455  amounts required by s. 324.021(7), Florida Statutes.
 2456         (2) Effective January 1, 2020:
 2457         (a) Motor vehicle insurance policies issued or renewed on
 2458  or after that date may not include personal injury protection.
 2459         (b) All persons subject to s. 324.022, s. 324.032, s.
 2460  627.7415, or s. 627.742, Florida Statutes, must maintain at
 2461  least minimum security requirements.
 2462         (c) Any new or renewal motor vehicle insurance policy
 2463  delivered or issued for delivery in this state must provide
 2464  coverage that complies with minimum security requirements.
 2465         (d) An existing motor vehicle insurance policy issued
 2466  before that date which provides personal injury protection and
 2467  property damage liability coverage that meets the requirements
 2468  of s. 324.022, Florida Statutes, on December 31, 2019, but which
 2469  does not meet minimum security requirements on or after January
 2470  1, 2020, is deemed to meet the security requirements of s.
 2471  324.022, Florida Statutes, until such policy is renewed,
 2472  nonrenewed, or canceled on or after January 1, 2020. Sections
 2473  627.730-627.7405, 400.9905, 400.991, 456.057, 456.072, 627.7263,
 2474  627.727, 627.748, 627.9541(1)(i), and 817.234, Florida Statutes
 2475  2018, remain in full force and effect for motor vehicle
 2476  accidents covered under a policy issued under the Florida Motor
 2477  Vehicle No-Fault Law before January 1, 2020, until the policy is
 2478  renewed, nonrenewed, or canceled.
 2479         (3) Each insurer shall allow each insured who has a new or
 2480  renewal policy providing personal injury protection which
 2481  becomes effective before January 1, 2020, and whose policy does
 2482  not meet minimum security requirements on or after January 1,
 2483  2020, to change coverages so as to eliminate personal injury
 2484  protection and obtain coverage providing minimum security
 2485  requirements, which shall be effective on or after January 1,
 2486  2020. The insurer is not required to provide coverage complying
 2487  with minimum security requirements in such policies if the
 2488  insured does not pay the required premium, if any, by January 1,
 2489  2020, or such later date as the insurer may allow. The insurer
 2490  must also offer each insured medical payments coverage pursuant
 2491  to s. 627.7265, Florida Statutes. Any reduction in the premium
 2492  must be refunded by the insurer. The insurer may not impose on
 2493  the insured an additional fee or charge that applies solely to a
 2494  change in coverage; however, the insurer may charge an
 2495  additional required premium that is actuarially indicated.
 2496         (4) By September 1, 2019, each motor vehicle insurer shall
 2497  provide notice of this section to each motor vehicle
 2498  policyholder who is subject to this section. The notice is
 2499  subject to approval by the Office of Insurance Regulation and
 2500  must clearly inform the policyholder that:
 2501         (a) The Florida Motor Vehicle No-Fault Law is repealed,
 2502  effective January 1, 2020, and that on or after that date, the
 2503  insured is no longer required to maintain personal injury
 2504  protection insurance coverage, that personal injury protection
 2505  coverage is no longer available for purchase in this state, and
 2506  that all new or renewal policies issued on or after that date
 2507  will not contain such coverage.
 2508         (b) Effective January 1, 2020, a person subject to the
 2509  financial responsibility requirements of s. 324.022, Florida
 2510  Statutes, must maintain minimum security requirements that
 2511  enable the person to respond to damages for liability on account
 2512  of accidents arising out of the use of a motor vehicle in the
 2513  following amounts:
 2514         1. Twenty-five thousand dollars for bodily injury to, or
 2515  the death of, one person in any one crash and, subject to such
 2516  limits for one person, in the amount of $50,000 for bodily
 2517  injury to, or the death of, two or more persons in any one
 2518  crash; and
 2519         2.Ten thousand dollars for damage to, or destruction of,
 2520  the property of others in any one crash.
 2521         (c) Bodily injury liability coverage protects the insured,
 2522  up to the coverage limits, against loss if the insured is
 2523  legally responsible for the death of or bodily injury to others
 2524  in a motor vehicle accident.
 2525         (d) Effective January 1, 2020, each policyholder of motor
 2526  vehicle liability insurance purchased as proof of financial
 2527  responsibility must be offered medical payments coverage
 2528  benefits that comply with s. 627.7265, Florida Statutes. The
 2529  insurer must offer medical payments coverage at limits of $5,000
 2530  and $10,000 without a deductible. The insurer may also offer
 2531  medical payments coverage at other limits greater than $5,000,
 2532  and may offer coverage with a deductible of up to $500. Medical
 2533  payments coverage pays covered medical expenses, up to the
 2534  limits of such coverage, for injuries sustained in a motor
 2535  vehicle crash by the named insured, resident relatives, persons
 2536  operating the insured motor vehicle, passengers in the insured
 2537  motor vehicle, and persons who are struck by the insured motor
 2538  vehicle and suffer bodily injury while not an occupant of a
 2539  self-propelled motor vehicle as provided in s. 627.7265, Florida
 2540  Statutes. Medical payments coverage also provides a death
 2541  benefit of at least $5,000.
 2542         (e) The policyholder may obtain uninsured and underinsured
 2543  motorist coverage, which provides benefits, up to the limits of
 2544  such coverage, to a policyholder or other insured entitled to
 2545  recover damages for bodily injury, sickness, disease, or death
 2546  resulting from a motor vehicle accident with an uninsured or
 2547  underinsured owner or operator of a motor vehicle.
 2548         (f) If the policyholder’s new or renewal motor vehicle
 2549  insurance policy is effective before January 1, 2020, and
 2550  contains personal injury protection and property damage
 2551  liability coverage as required by state law before January 1,
 2552  2020, but does not meet minimum security requirements on or
 2553  after January 1, 2020, the policy is deemed to meet minimum
 2554  security requirements until it is renewed, nonrenewed, or
 2555  canceled on or after January 1, 2020.
 2556         (g) A policyholder whose new or renewal policy becomes
 2557  effective before January 1, 2020, but does not meet minimum
 2558  security requirements on or after January 1, 2020, may change
 2559  coverages under the policy so as to eliminate personal injury
 2560  protection and to obtain coverage providing minimum security
 2561  requirements, including bodily injury liability coverage, which
 2562  are effective on or after January 1, 2020.
 2563         (h) If the policyholder has any questions, he or she should
 2564  contact the person named at the telephone number provided in the
 2565  notice.
 2566         (5) This section takes effect upon this act becoming a law.
 2567         Section 53. Section 324.0222, Florida Statutes, is created
 2568  to read:
 2569         Application of suspensions for failure to maintain
 2570  security; reinstatement.—All suspensions for failure to maintain
 2571  required security as required by law in effect before January 1,
 2572  2020, remain in full force and effect after January 1, 2020. A
 2573  driver may reinstate a suspended driver license or registration
 2574  as provided under s. 324.0221, Florida Statutes.
 2575         Section 54. For the 2019-2020 fiscal year, the sum of
 2576  $83,651 in nonrecurring funds is appropriated from the Insurance
 2577  Regulatory Trust Fund to the Office of Insurance Regulation for
 2578  the purpose of implementing this act.
 2579         Section 55. Except as otherwise expressly provided in this
 2580  act and except for this section, which shall take effect upon
 2581  this act becoming a law, this act shall take effect January 1,
 2582  2020.
 2583  
 2584  ================= T I T L E  A M E N D M E N T ================
 2585  And the title is amended as follows:
 2586         Delete everything before the enacting clause
 2587  and insert:
 2588                        A bill to be entitled                      
 2589         An act relating to motor vehicle insurance; repealing ss.
 2590  627.730, 627.731, 627.7311, 627.732, 627.733, 627.734, 627.736,
 2591  627.737, 627.739, 627.7401, 627.7403, and 627.7405, F.S., which
 2592  comprise the Florida Motor Vehicle No-Fault Law; repealing s.
 2593  627.7407, F.S., relating to application of the Florida Motor
 2594  Vehicle No-Fault Law; amending s. 316.646, F.S.; revising a
 2595  requirement for proof of security on a motor vehicle and the
 2596  applicability of the requirement; amending s. 318.18, F.S.;
 2597  conforming a provision to changes made by the act; amending s.
 2598  320.02, F.S.; revising the motor vehicle insurance coverages
 2599  that an applicant must show to register certain vehicles with
 2600  the Department of Highway Safety and Motor Vehicles; conforming
 2601  a provision to changes made by the act; revising construction;
 2602  amending s. 320.0609, F.S.; conforming a provision to changes
 2603  made by the act; amending s. 320.27, F.S.; defining the term
 2604  “garage liability insurance”; revising garage liability
 2605  insurance requirements for motor vehicle dealer applicants;
 2606  conforming a provision to changes made by the act; amending s.
 2607  320.771, F.S.; revising garage liability insurance requirements
 2608  for recreational vehicle dealer license applicants; amending ss.
 2609  322.251 and 322.34, F.S.; conforming provisions to changes made
 2610  by the act; amending s. 324.011, F.S.; revising legislative
 2611  intent; amending s. 324.021, F.S.; revising definitions of the
 2612  terms “motor vehicle” and “proof of financial responsibility”;
 2613  revising minimum coverage requirements for proof of financial
 2614  responsibility for specified motor vehicles; defining the term
 2615  “for-hire passenger transportation vehicle”; conforming
 2616  provisions to changes made by the act; amending s. 324.022,
 2617  F.S.; revising minimum liability coverage requirements for motor
 2618  vehicle owners or operators; revising authorized methods for
 2619  meeting such requirements; deleting a provision relating to an
 2620  insurer’s duty to defend certain claims; revising the vehicles
 2621  that are excluded from the definition of the term “motor
 2622  vehicle”; providing security requirements for certain excluded
 2623  vehicles; conforming provisions to changes made by the act;
 2624  conforming cross-references; amending s. 324.0221, F.S.;
 2625  revising coverages that subject a policy to certain insurer
 2626  reporting and notice requirements; conforming provisions to
 2627  changes made by the act; amending s. 324.023, F.S.; conforming
 2628  cross-references; amending s. 324.031, F.S.; revising the amount
 2629  of a certificate of deposit required to elect a certain method
 2630  of proof of financial responsibility; revising excess liability
 2631  coverage requirements for a person electing to use such method;
 2632  amending s. 324.032, F.S.; revising financial responsibility
 2633  requirements for owners or lessees of for-hire passenger
 2634  transportation vehicles; amending ss. 324.051, 324.071, 324.091,
 2635  and 324.151, F.S.; making technical changes; amending s.
 2636  324.161, F.S.; revising requirements for a certificate of
 2637  deposit that is required if a person elects a certain method of
 2638  proving financial responsibility; amending s. 324.171, F.S.;
 2639  revising the minimum net worth requirements to qualify certain
 2640  persons as self-insurers; conforming provisions to changes made
 2641  by the act; amending s. 324.251, F.S.; revising the short title
 2642  and an effective date; amending s. 400.9905, F.S.; revising the
 2643  definition of the term “clinic”; amending ss. 400.991 and
 2644  400.9935, F.S.; conforming provisions to changes made by the
 2645  act; amending s. 409.901, F.S.; revising the definition of the
 2646  term “third-party benefit”; amending s. 409.910, F.S.; revising
 2647  the definition of the term “medical coverage”; amending s.
 2648  456.057, F.S.; conforming a cross-reference; amending s.
 2649  456.072, F.S.; revising specified grounds for discipline for
 2650  certain health professions; amending s. 626.9541, F.S.;
 2651  conforming a provision to changes made by the act; revising the
 2652  type of insurance coverage applicable to a certain prohibited
 2653  act; amending s. 626.989, F.S.; revising the definition of the
 2654  term “fraudulent insurance act”; amending s. 627.06501, F.S.;
 2655  revising coverages that may provide for a reduction in motor
 2656  vehicle insurance policy premium charges under certain
 2657  circumstances; amending s. 627.0652, F.S.; revising coverages
 2658  that must provide a premium charge reduction under certain
 2659  circumstances; amending s. 627.0653, F.S.; revising coverages
 2660  subject to premium discounts for specified motor vehicle
 2661  equipment; amending s. 627.4132, F.S.; revising the coverages of
 2662  a motor vehicle policy which are subject to a stacking
 2663  prohibition; amending s. 627.7263, F.S.; revising coverages that
 2664  are deemed primary, except under certain circumstances, for the
 2665  lessor of a motor vehicle for lease or rent; revising a notice
 2666  that is required if the lessee’s coverage is to be primary;
 2667  creating s. 627.7265, F.S.; specifying persons whom medical
 2668  payments coverage must protect; requiring medical payments
 2669  coverage to provide specified medical expense coverage and a
 2670  specified death benefit; specifying coverage options an insurer
 2671  must and may offer; providing that motor vehicle liability
 2672  insurance policies are deemed to have medical payments coverage
 2673  at a certain limit and with no deductible, unless rejected or
 2674  modified by the policyholder by certain means; specifying
 2675  requirements for certain forms approved by the Office of
 2676  Insurance Regulation; requiring insurers to provide
 2677  policyholders with a certain annual notice; providing
 2678  construction relating to limits on certain other coverages;
 2679  requiring insurers, upon receiving a certain notice of an
 2680  accident, to hold a specified reserve for certain purposes for a
 2681  specified time; providing that the reserve requirement does not
 2682  require insurers to establish a claim reserve for accounting
 2683  purposes; providing that an insurer providing medical payments
 2684  coverage benefits may not have a lien on a certain recovery and
 2685  may not have certain causes of action; amending s. 627.727,
 2686  F.S.; conforming provisions to changes made by the act; amending
 2687  s. 627.7275, F.S.; revising required coverages for a motor
 2688  vehicle insurance policy; conforming provisions to changes made
 2689  by the act; amending s. 627.728, F.S.; conforming a provision to
 2690  changes made by the act; amending s. 627.7295, F.S.; revising
 2691  the definitions of the terms “policy” and “binder”; revising the
 2692  coverages of a motor vehicle insurance policy for which a
 2693  licensed general lines agent may charge a specified fee;
 2694  conforming a provision to changes made by the act; amending s.
 2695  627.7415, F.S.; revising additional liability insurance
 2696  requirements for commercial motor vehicles; amending s. 627.748,
 2697  F.S.; revising insurance requirements for transportation network
 2698  company drivers; conforming provisions to changes made by the
 2699  act; amending s. 627.8405, F.S.; revising coverages in a policy
 2700  sold in combination with an accidental death and dismemberment
 2701  policy which a premium finance company may not finance; revising
 2702  rulemaking authority of the Financial Services Commission;
 2703  amending ss. 627.915, 628.909, 705.184, and 713.78, F.S.;
 2704  conforming provisions to changes made by the act; amending s.
 2705  817.234, F.S.; revising coverages that are the basis of
 2706  specified prohibited false and fraudulent insurance claims;
 2707  conforming provisions to changes made by the act; defining the
 2708  term “minimum security requirements”; providing requirements,
 2709  applicability, and construction relating to motor vehicle
 2710  insurance policies as of a certain date; requiring insurers to
 2711  allow certain insureds to make certain coverage changes, subject
 2712  to certain conditions; requiring an insurer to provide, by a
 2713  specified date, a specified notice to policyholders relating to
 2714  requirements under the act; providing that driver license or
 2715  registration suspensions for failure to maintain required
 2716  security which were in effect before a specified date remain in
 2717  full force and effect; providing that such suspended licenses or
 2718  registrations may be reinstated as provided in a specified
 2719  section; providing an appropriation; providing effective dates.
 2720