Florida Senate - 2019                                    SB 1232
       By Senator Rader
       29-01106A-19                                          20191232__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicles; amending s.
    3         316.235, F.S.; authorizing a motor vehicle to be
    4         equipped with certain lamps or devices under certain
    5         circumstances; amending s. 316.2397, F.S.; authorizing
    6         certain vehicles to display red and white lights;
    7         amending s. 316.2398, F.S.; authorizing certain
    8         vehicles to display red and white warning signals
    9         under certain circumstances; providing requirements
   10         and penalties; amending s. 316.224, F.S.; conforming a
   11         cross-reference; amending s. 316.646, F.S.; requiring
   12         law enforcement officers to access certain information
   13         during traffic stops or crash investigations for
   14         certain purposes; amending s. 319.30, F.S.; revising
   15         the manner in which insurance companies must forward
   16         motor vehicle or mobile home titles to the Department
   17         of Highway Safety and Motor Vehicles under certain
   18         circumstances; revising a specified date by which
   19         certain provisions are effective relating to requests
   20         for a salvage certificate of title or certificate of
   21         destruction; authorizing electronic signatures for
   22         certain purposes; amending s. 320.02, F.S.;
   23         authorizing insurance online verification for motor
   24         vehicle registration; amending s. 324.0221, F.S.;
   25         requiring insurers to transmit certain information to
   26         the department; authorizing the department to verify
   27         certain information; authorizing the department to
   28         implement a method of insurance verification; amending
   29         s. 324.151, F.S.; conforming provisions to changes
   30         made by the act; creating s. 324.252, F.S.; requiring
   31         the department to establish an online verification
   32         system for motor vehicle insurance; providing system
   33         requirements; providing powers and duties of the
   34         department; providing requirements for insurers and
   35         law enforcement officers; providing immunity from
   36         liability; prohibiting the use of an online
   37         verification request or response for a civil action;
   38         providing applicability; providing rulemaking
   39         authority; creating s. 324.255, F.S.; creating the
   40         Motor Vehicle Insurance Online Verification Task
   41         Force; providing duties of the task force; providing
   42         membership; providing meeting requirements; requiring
   43         the department to provide support; providing report
   44         requirements; providing the date by which the task
   45         force must complete its work and submit its final
   46         report; providing for expiration of the task force;
   47         amending s. 627.7295, F.S.; reducing the amount that
   48         must be collected from insureds before policies or
   49         binders are issued; amending ss. 627.736 and 627.7407,
   50         F.S.; conforming provisions to changes made by the
   51         act; deleting obsolete language; creating s. 627.747,
   52         F.S.; authorizing motor vehicle policies to exclude
   53         named individuals from coverage; providing exceptions;
   54         providing effective dates.
   56  Be It Enacted by the Legislature of the State of Florida:
   58         Section 1. Effective October 1, 2019, present subsections
   59  (3) through (6) of section 316.235, Florida Statutes, are
   60  renumbered as subsections (4) through (7), respectively, and a
   61  new subsection (3) is added to that section, to read:
   62         316.235 Additional lighting equipment.—
   63         (3)Any motor vehicle may be equipped with one or more
   64  lamps or devices underneath the motor vehicle as long as such
   65  lamps or devices do not emit light in violation of s.
   66  316.2397(1) or (7) or s. 316.238.
   67         Section 2. Effective October 1, 2019, subsections (1) and
   68  (3) and paragraph (c) of subsection (7) of section 316.2397,
   69  Florida Statutes, are amended to read:
   70         316.2397 Certain lights prohibited; exceptions.—
   71         (1) A No person may not shall drive or move or cause to be
   72  moved any vehicle or equipment upon any highway within this
   73  state with any lamp or device thereon showing or displaying a
   74  red, red and white, or blue light visible from directly in front
   75  thereof except for certain vehicles hereinafter provided in this
   76  section.
   77         (3) Vehicles of the fire department and fire patrol,
   78  including vehicles of volunteer firefighters as permitted under
   79  s. 316.2398, may show or display red or red and white lights.
   80  Vehicles of medical staff physicians or technicians of medical
   81  facilities licensed by the state as authorized under s.
   82  316.2398, ambulances as authorized under this chapter, and buses
   83  and taxicabs as authorized under s. 316.2399 may show or display
   84  red lights. Vehicles of the fire department, fire patrol, police
   85  vehicles, and such ambulances and emergency vehicles of
   86  municipal and county departments, public service corporations
   87  operated by private corporations, the Fish and Wildlife
   88  Conservation Commission, the Department of Environmental
   89  Protection, the Department of Transportation, the Department of
   90  Agriculture and Consumer Services, and the Department of
   91  Corrections as are designated or authorized by their respective
   92  department or the chief of police of an incorporated city or any
   93  sheriff of any county may operate emergency lights and sirens in
   94  an emergency. Wreckers, mosquito control fog and spray vehicles,
   95  and emergency vehicles of governmental departments or public
   96  service corporations may show or display amber lights when in
   97  actual operation or when a hazard exists provided they are not
   98  used going to and from the scene of operation or hazard without
   99  specific authorization of a law enforcement officer or law
  100  enforcement agency. Wreckers must use amber rotating or flashing
  101  lights while performing recoveries and loading on the roadside
  102  day or night, and may use such lights while towing a vehicle on
  103  wheel lifts, slings, or under reach if the operator of the
  104  wrecker deems such lights necessary. A flatbed, car carrier, or
  105  rollback may not use amber rotating or flashing lights when
  106  hauling a vehicle on the bed unless it creates a hazard to other
  107  motorists because of protruding objects. Further, escort
  108  vehicles may show or display amber lights when in the actual
  109  process of escorting overdimensioned equipment, material, or
  110  buildings as authorized by law. Vehicles owned or leased by
  111  private security agencies may show or display green and amber
  112  lights, with either color being no greater than 50 percent of
  113  the lights displayed, while the security personnel are engaged
  114  in security duties on private or public property.
  115         (7) Flashing lights are prohibited on vehicles except:
  116         (c) For the lamps authorized under subsections (1), (2),
  117  (3), (4), and (9), s. 316.2065, or s. 316.235(6) s. 316.235(5)
  118  which may flash.
  119         Section 3. Effective October 1, 2019, section 316.2398,
  120  Florida Statutes, is amended to read:
  121         316.2398 Display or use of red or red and white warning
  122  signals; motor vehicles of volunteer firefighters or medical
  123  staff.—
  124         (1) A privately owned vehicle belonging to an active
  125  firefighter member of a regularly organized volunteer
  126  firefighting company or association, while en route to the fire
  127  station for the purpose of proceeding to the scene of a fire or
  128  other emergency or while en route to the scene of a fire or
  129  other emergency in the line of duty as an active firefighter
  130  member of a regularly organized firefighting company or
  131  association, may display or use red or red and white warning
  132  signals. or A privately owned vehicle belonging to a medical
  133  staff physician or technician of a medical facility licensed by
  134  the state, while responding to an emergency in the line of duty,
  135  may display or use red warning signals. Warning signals must be
  136  visible from the front and from the rear of such vehicle,
  137  subject to the following restrictions and conditions:
  138         (a) No more than two red or red and white warning signals
  139  may be displayed.
  140         (b) No inscription of any kind may appear across the face
  141  of the lens of the red or red and white warning signal.
  142         (c) In order for an active volunteer firefighter to display
  143  such red or red and white warning signals on his or her vehicle,
  144  the volunteer firefighter must first secure a written permit
  145  from the chief executive officers of the firefighting
  146  organization to use the red or red and white warning signals,
  147  and this permit must be carried by the volunteer firefighter at
  148  all times while the red or red and white warning signals are
  149  displayed.
  150         (2) A It is unlawful for any person who is not an active
  151  firefighter member of a regularly organized volunteer
  152  firefighting company or association or a physician or technician
  153  of the medical staff of a medical facility licensed by the state
  154  may not to display on any motor vehicle owned by him or her, at
  155  any time, any red or red and white warning signals as described
  156  in subsection (1).
  157         (3) It is unlawful for An active volunteer firefighter may
  158  not to operate any red or red and white warning signals as
  159  authorized in subsection (1), except while en route to the fire
  160  station for the purpose of proceeding to the scene of a fire or
  161  other emergency, or while at or en route to the scene of a fire
  162  or other emergency, in the line of duty.
  163         (4) It is unlawful for A physician or technician of the
  164  medical staff of a medical facility may not to operate any red
  165  warning signals as authorized in subsection (1), except when
  166  responding to an emergency in the line of duty.
  167         (5) A violation of this section is a nonmoving violation,
  168  punishable as provided in chapter 318. In addition, a any
  169  volunteer firefighter who violates this section shall be
  170  dismissed from membership in the firefighting organization by
  171  the chief executive officers thereof.
  172         Section 4. Effective October 1, 2019, subsection (3) of
  173  section 316.224, Florida Statutes, is amended to read:
  174         316.224 Color of clearance lamps, identification lamps,
  175  side marker lamps, backup lamps, reflectors, and deceleration
  176  lights.—
  177         (3) All lighting devices and reflectors mounted on the rear
  178  of any vehicle shall display or reflect a red color, except the
  179  stop light or other signal device, which may be red, amber, or
  180  yellow, and except that the light illuminating the license plate
  181  shall be white and the light emitted by a backup lamp shall be
  182  white or amber. Deceleration lights as authorized by s.
  183  316.235(6) s. 316.235(5) shall display an amber color.
  184         Section 5. Present subsection (5) of section 316.646,
  185  Florida Statutes, is renumbered as subsection (6), and a new
  186  subsection (5) is added to that section, to read:
  187         316.646 Security required; proof of security and display
  188  thereof.—
  189         (5)Upon implementation of the motor vehicle insurance
  190  online verification system established in s. 324.252, a law
  191  enforcement officer, during a traffic stop or crash
  192  investigation, shall access information from the online
  193  verification system to establish compliance with this chapter
  194  and chapter 324 and to verify the current validity of the policy
  195  described on any insurance identification card produced by the
  196  operator of a motor vehicle during the traffic stop or crash
  197  investigation.
  198         Section 6. Paragraph (b) of subsection (3) of section
  199  319.30, Florida Statutes, is amended, and paragraph (d) is added
  200  to that subsection, to read:
  201         319.30 Definitions; dismantling, destruction, change of
  202  identity of motor vehicle or mobile home; salvage.—
  203         (3)
  204         (b) The owner, including persons who are self-insured, of a
  205  motor vehicle or mobile home that is considered to be salvage
  206  shall, within 72 hours after the motor vehicle or mobile home
  207  becomes salvage, forward the title to the motor vehicle or
  208  mobile home to the department for processing. However, an
  209  insurance company that pays money as compensation for the total
  210  loss of a motor vehicle or mobile home shall obtain the
  211  certificate of title for the motor vehicle or mobile home, make
  212  the required notification to the National Motor Vehicle Title
  213  Information System, and, within 72 hours after receiving such
  214  certificate of title, forward such title via electronic means or
  215  the United States Postal Service to the department for
  216  processing. The owner or insurance company, as applicable, may
  217  not dispose of a vehicle or mobile home that is a total loss
  218  before it obtains a salvage certificate of title or certificate
  219  of destruction from the department. Effective July 1, 2020 2023:
  220         1. Thirty days after payment of a claim for compensation
  221  pursuant to this paragraph, the insurance company may receive a
  222  salvage certificate of title or certificate of destruction from
  223  the department if the insurance company is unable to obtain a
  224  properly assigned certificate of title from the owner or
  225  lienholder of the motor vehicle or mobile home, if the motor
  226  vehicle or mobile home does not carry an electronic lien on the
  227  title and the insurance company:
  228         a. Has obtained the release of all liens on the motor
  229  vehicle or mobile home;
  230         b. Has provided proof of payment of the total loss claim;
  231  and
  232         c. Has provided an affidavit on letterhead signed by the
  233  insurance company or its authorized agent stating the attempts
  234  that have been made to obtain the title from the owner or
  235  lienholder and further stating that all attempts are to no
  236  avail. The affidavit must include a request that the salvage
  237  certificate of title or certificate of destruction be issued in
  238  the insurance company’s name due to payment of a total loss
  239  claim to the owner or lienholder. The attempts to contact the
  240  owner may be by written request delivered in person or by first
  241  class mail with a certificate of mailing to the owner’s or
  242  lienholder’s last known address.
  243         2. If the owner or lienholder is notified of the request
  244  for title in person, the insurance company must provide an
  245  affidavit attesting to the in-person request for a certificate
  246  of title.
  247         3. The request to the owner or lienholder for the
  248  certificate of title must include a complete description of the
  249  motor vehicle or mobile home and the statement that a total loss
  250  claim has been paid on the motor vehicle or mobile home.
  251         (d)An electronic signature that is consistent with chapter
  252  668 satisfies any signature required under this subsection.
  253         Section 7. Paragraph (f) is added to subsection (5) of
  254  section 320.02, Florida Statutes, to read:
  255         320.02 Registration required; application for registration;
  256  forms.—
  257         (5)
  258         (f)Upon implementation of the motor vehicle insurance
  259  online verification system established in s. 324.252, the online
  260  verification system may be used in lieu of the verification
  261  procedures in this subsection.
  262         Section 8. Paragraphs (c) and (d) are added to subsection
  263  (1) of section 324.0221, Florida Statutes, and subsection (4) is
  264  added to that section, to read:
  265         324.0221 Reports by insurers to the department; suspension
  266  of driver license and vehicle registrations; reinstatement.—
  267         (1)
  268         (c)An insurer must transmit weekly, in a format prescribed
  269  by the department, the insurer’s records of all active insurance
  270  policies, commonly known as the “book of business,” to enable
  271  the department to identify uninsured vehicles.
  272         (d)The department may verify information from an insurer
  273  as provided in s. 324.252. This paragraph does not relieve an
  274  insurer from the reporting requirements of this section.
  275         (4)The department may implement by rule a method of
  276  insurance verification.
  277         Section 9. Paragraph (a) of subsection (1) of section
  278  324.151, Florida Statutes, is amended to read:
  279         324.151 Motor vehicle liability policies; required
  280  provisions.—
  281         (1) A motor vehicle liability policy to be proof of
  282  financial responsibility under s. 324.031(1), shall be issued to
  283  owners or operators under the following provisions:
  284         (a) An owner’s liability insurance policy must shall
  285  designate by explicit description or by appropriate reference
  286  all motor vehicles with respect to which coverage is thereby
  287  granted and must shall insure the owner named therein and,
  288  except for a named driver excluded under s. 627.747, any other
  289  person as operator using such motor vehicle or motor vehicles
  290  with the express or implied permission of such owner against
  291  loss from the liability imposed by law for damage arising out of
  292  the ownership, maintenance, or use of such motor vehicle or
  293  motor vehicles within the United States or the Dominion of
  294  Canada, subject to limits, exclusive of interest and costs with
  295  respect to each such motor vehicle as is provided for under s.
  296  324.021(7). Insurers may make available, with respect to
  297  property damage liability coverage, a deductible amount not to
  298  exceed $500. In the event of a property damage loss covered by a
  299  policy containing a property damage deductible provision, the
  300  insurer shall pay to the third-party claimant the amount of any
  301  property damage liability settlement or judgment, subject to
  302  policy limits, as if no deductible existed.
  303         Section 10. Section 324.252, Florida Statutes, is created
  304  to read:
  305         324.252Insurance online verification system.—The
  306  department shall establish an online verification system for
  307  motor vehicle insurance. The goal of the system is to identify
  308  uninsured motorists and to aid the department in the enforcement
  309  of financial responsibility law.
  310         (1)The online verification system must meet all of the
  311  following requirements:
  312         (a)Be accessible through the Internet by authorized
  313  personnel of the department, the courts, law enforcement
  314  personnel, any other entities authorized by the department, and
  315  insurers authorized by the Office of Insurance Regulation to
  316  offer motor vehicle insurance.
  317         (b)Send requests to insurers for verification of evidence
  318  of insurance for motor vehicles registered in this state via
  319  online services established by the insurers in compliance with
  320  the specifications and standards of the Insurance Industry
  321  Committee on Motor Vehicle Administration (IICMVA), with
  322  enhancements, additions, and modifications as required by the
  323  department. However, the enhancements, additions, and
  324  modifications may not conflict with, nullify, or add
  325  requirements that are inconsistent with the specifications or
  326  standards of the IICMVA.
  327         (c)Be operational by July 1, 2022. The Motor Vehicle
  328  Insurance Online Verification Task Force established in s.
  329  324.255 must conduct a pilot program for at least 9 months to
  330  test the system before statewide use. The system may not be used
  331  in any enforcement action until successful completion of the
  332  pilot program.
  333         (d)Be available 24 hours per day, except for allowed
  334  downtime for system maintenance and other work, as needed, to
  335  verify the insurance status of any vehicle registered in this
  336  state through the insurer’s National Association of Insurance
  337  Commissioners (NAIC) company code, in combination with other
  338  identifiers such as vehicle identification number, policy
  339  number, or other characteristics or markers as specified by the
  340  Motor Vehicle Insurance Online Verification Task Force.
  341         (e)Include appropriate provisions, consistent with
  342  industry standards as specified by the Motor Vehicle Insurance
  343  Online Verification Task Force, to secure the system’s data
  344  against unauthorized access.
  345         (f)Include a disaster recovery plan to ensure service
  346  continuity in the event of a disaster.
  347         (g)Include information that enables the department to make
  348  inquiries of evidence of insurance by using multiple data
  349  elements for greater matching accuracy, specifically the
  350  insurer’s NAIC company code, in combination with other
  351  identifiers such as vehicle identification number, policy
  352  number, or other characteristics or markers as specified by the
  353  Motor Vehicle Insurance Online Verification Task Force.
  354         (h)Include a self-reporting mechanism for insurers with
  355  fewer than 2,000 vehicles insured within this state or for
  356  individual entities that are self-insured.
  357         (2)The department has the following powers and duties:
  358         (a)Upon advance notice, the department shall allow online
  359  services established by an insurer to have reasonable downtime
  360  for system maintenance and other work, as needed. An insurer is
  361  not subject to administrative penalties or disciplinary actions
  362  when its online services are not available under such
  363  circumstances or when an outage is unplanned by the insurer and
  364  is reasonably outside its control.
  365         (b)Upon recommendation of the Motor Vehicle Insurance
  366  Online Verification Task Force, the department may contract with
  367  a private vendor that has personnel with extensive operational
  368  and management experience in the development, deployment, and
  369  operation of insurance online verification systems.
  370         (c)The department and its private vendor, if any, shall
  371  each maintain a contact person for the insurers during the
  372  establishment, implementation, and operation of the system.
  373         (d)The department shall maintain a historical record of
  374  the system data for 6 months after the date of any verification
  375  request and response.
  376         (3)An insurance company authorized to issue insurance
  377  policies for motor vehicles registered in this state:
  378         (a)Shall comply with the verification requirements of
  379  motor vehicle insurance for every motor vehicle insured by that
  380  company in this state as required by department rule;
  381         (b)Shall maintain policyholder records in order to confirm
  382  insurance coverage for 6 months after the date of any
  383  verification request and response;
  384         (c)Shall cooperate with the department in establishing,
  385  implementing, and maintaining the system; and
  386         (d)Is immune from civil liability for good faith efforts
  387  to comply with this section. An online verification request or
  388  response may not be used as the basis of a civil action against
  389  an insurer.
  390         (4)A law enforcement officer during a traffic stop or
  391  crash investigation shall query information from the online
  392  verification system to establish compliance with this chapter
  393  and to verify the current validity of the policy described on
  394  any insurance identification card produced by the operator of a
  395  motor vehicle during the traffic stop or crash investigation.
  396         (5)This section does not apply to vehicles insured under
  397  commercial motor vehicle coverage. As used in this paragraph,
  398  the term “commercial motor vehicle coverage” means any coverage
  399  provided to an insured under a commercial coverage form and
  400  rated from a commercial manual approved by the Office of
  401  Insurance Regulation. However, insurers of such vehicles may
  402  participate in the online verification system on a voluntary
  403  basis.
  404         (6)The department may adopt rules to administer this
  405  section.
  406         Section 11. Section 324.255, Florida Statutes, is created
  407  to read:
  408         324.255Motor Vehicle Insurance Online Verification Task
  409  Force.—The Motor Vehicle Insurance Online Verification Task
  410  Force, a task forces as defined in s. 20.03, is established
  411  adjunct to the department.
  412         (1)The task force shall do all of the following:
  413         (a)Facilitate the implementation of the motor vehicle
  414  insurance online verification system established in s. 324.252,
  415  including recommending data and cybersecurity processes and
  416  protocols.
  417         (b)Assist in the development of a detailed guide for
  418  insurers by providing data fields and other information
  419  necessary for compliance with the online verification system.
  420         (c)Coordinate a pilot program and conduct the program for
  421  at least 9 months to test the online verification system and to
  422  identify necessary changes to be implemented before statewide
  423  use.
  424         (d)Issue recommendations based on periodic reviews of the
  425  online verification system.
  426         (2)The task force shall consist of nine voting members and
  427  one nonvoting member.
  428         (a)The nine voting members must be appointed by July 31,
  429  2019, in the following manner:
  430         1.Three representatives of the department, representing
  431  the Florida Highway Patrol, the Division of Motorist Services,
  432  and the Information Systems Administration, appointed by the
  433  executive director of the department.
  434         2.One representative of the Office of Insurance
  435  Regulation, appointed by the Commissioner of Insurance.
  436         3.Three representatives of the motor vehicle insurance
  437  industry, appointed by the Chief Financial Officer as follows:
  438         a.One member must represent the motor vehicle insurer with
  439  the largest national market share as of December 31, 2018.
  440         b.One member must represent the motor vehicle insurer with
  441  the largest Florida market share as of December 31, 2018.
  442         c.One member must be selected from a list of
  443  representatives recommended by the Insurance Industry Committee
  444  on Motor Vehicle Administration.
  445         4.One representative of the Department of Financial
  446  Services, appointed by the Chief Financial Officer.
  447         5.One representative of the Agency for State Technology,
  448  appointed by the executive director of the agency.
  449         (b)The executive director of the department, who shall be
  450  a nonvoting member, shall serve as chair of the task force.
  451         (3)By September 30, 2019, the task force shall meet to
  452  establish procedures for the conduct of its business, and the
  453  voting members shall elect a vice chair at that meeting. The
  454  task force shall meet at the call of the chair, who shall
  455  prepare the agenda for each meeting with the consent of the task
  456  force. A majority of the voting members of the task force
  457  constitutes a quorum, and a quorum is necessary for the purpose
  458  of voting on any action or recommendation of the task force. All
  459  meetings must be held in Tallahassee.
  460         (4)The department shall provide the task force members
  461  with administrative and technical support. Task force members
  462  shall serve without compensation and are not entitled to
  463  reimbursement for per diem or travel expenses.
  464         (5)The task force shall issue a report to the department,
  465  the President of the Senate, and the Speaker of the House of
  466  Representatives not later than 6 months after the pilot program
  467  concludes. The report must evaluate the online verification
  468  system’s effectiveness in identifying uninsured motorists. The
  469  task force may also make recommendations for system enhancements
  470  in the report or at any time before the task force’s completion
  471  of its work.
  472         (6)By July 1, 2022, the task force shall complete its work
  473  and submit its final report evaluating the online verification
  474  system’s effectiveness and making recommendations for system
  475  enhancements to the department, the President of the Senate, and
  476  the Speaker of the House of Representatives. Upon submission of
  477  the report, the task force expires.
  478         Section 12. Subsection (7) of section 627.7295, Florida
  479  Statutes, is amended to read:
  480         627.7295 Motor vehicle insurance contracts.—
  481         (7) A policy of private passenger motor vehicle insurance
  482  or a binder for such a policy may be initially issued in this
  483  state only if, before the effective date of such binder or
  484  policy, the insurer or agent has collected from the insured an
  485  amount equal to at least 1 month’s 2 months’ premium. An
  486  insurer, agent, or premium finance company may not, directly or
  487  indirectly, take any action resulting in the insured having paid
  488  from the insured’s own funds an amount less than the 1 month’s 2
  489  months’ premium required by this subsection. This subsection
  490  applies without regard to whether the premium is financed by a
  491  premium finance company or is paid pursuant to a periodic
  492  payment plan of an insurer or an insurance agent. This
  493  subsection does not apply if an insured or member of the
  494  insured’s family is renewing or replacing a policy or a binder
  495  for such policy written by the same insurer or a member of the
  496  same insurer group. This subsection does not apply to an insurer
  497  that issues private passenger motor vehicle coverage primarily
  498  to active duty or former military personnel or their dependents.
  499  This subsection does not apply if all policy payments are paid
  500  pursuant to a payroll deduction plan, an automatic electronic
  501  funds transfer payment plan from the policyholder, or a
  502  recurring credit card or debit card agreement with the insurer.
  503  This subsection and subsection (4) do not apply if all policy
  504  payments to an insurer are paid pursuant to an automatic
  505  electronic funds transfer payment plan from an agent, a managing
  506  general agent, or a premium finance company and if the policy
  507  includes, at a minimum, personal injury protection pursuant to
  508  ss. 627.730-627.7405; motor vehicle property damage liability
  509  pursuant to s. 627.7275; and bodily injury liability in at least
  510  the amount of $10,000 because of bodily injury to, or death of,
  511  one person in any one accident and in the amount of $20,000
  512  because of bodily injury to, or death of, two or more persons in
  513  any one accident. This subsection and subsection (4) do not
  514  apply if an insured has had a policy in effect for at least 6
  515  months, the insured’s agent is terminated by the insurer that
  516  issued the policy, and the insured obtains coverage on the
  517  policy’s renewal date with a new company through the terminated
  518  agent.
  519         Section 13. Subsection (1) of section 627.736, Florida
  520  Statutes, is amended to read:
  521         627.736 Required personal injury protection benefits;
  522  exclusions; priority; claims.—
  523         (1) REQUIRED BENEFITS.—Except for a named driver who is
  524  excluded from insurance policy coverage under s. 627.747, an
  525  insurance policy complying with the security requirements of s.
  526  627.733 must provide personal injury protection to the named
  527  insured, relatives residing in the same household, persons
  528  operating the insured motor vehicle, passengers in the motor
  529  vehicle, and other persons struck by the motor vehicle and
  530  suffering bodily injury while not an occupant of a self
  531  propelled vehicle, subject to subsection (2) and paragraph
  532  (4)(e), to a limit of $10,000 in medical and disability benefits
  533  and $5,000 in death benefits resulting from bodily injury,
  534  sickness, disease, or death arising out of the ownership,
  535  maintenance, or use of a motor vehicle as follows:
  536         (a) Medical benefits.—Eighty percent of all reasonable
  537  expenses for medically necessary medical, surgical, X-ray,
  538  dental, and rehabilitative services, including prosthetic
  539  devices and medically necessary ambulance, hospital, and nursing
  540  services if the individual receives initial services and care
  541  pursuant to subparagraph 1. within 14 days after the motor
  542  vehicle accident. The medical benefits provide reimbursement
  543  only for:
  544         1. Initial services and care that are lawfully provided,
  545  supervised, ordered, or prescribed by a physician licensed under
  546  chapter 458 or chapter 459, a dentist licensed under chapter
  547  466, or a chiropractic physician licensed under chapter 460 or
  548  that are provided in a hospital or in a facility that owns, or
  549  is wholly owned by, a hospital. Initial services and care may
  550  also be provided by a person or entity licensed under part III
  551  of chapter 401 which provides emergency transportation and
  552  treatment.
  553         2. Upon referral by a provider described in subparagraph
  554  1., followup services and care consistent with the underlying
  555  medical diagnosis rendered pursuant to subparagraph 1. which may
  556  be provided, supervised, ordered, or prescribed only by a
  557  physician licensed under chapter 458 or chapter 459, a
  558  chiropractic physician licensed under chapter 460, a dentist
  559  licensed under chapter 466, or, to the extent permitted by
  560  applicable law and under the supervision of such physician,
  561  osteopathic physician, chiropractic physician, or dentist, by a
  562  physician assistant licensed under chapter 458 or chapter 459 or
  563  an advanced practice registered nurse licensed under chapter
  564  464. Followup services and care may also be provided by the
  565  following persons or entities:
  566         a. A hospital or ambulatory surgical center licensed under
  567  chapter 395.
  568         b. An entity wholly owned by one or more physicians
  569  licensed under chapter 458 or chapter 459, chiropractic
  570  physicians licensed under chapter 460, or dentists licensed
  571  under chapter 466 or by such practitioners and the spouse,
  572  parent, child, or sibling of such practitioners.
  573         c. An entity that owns or is wholly owned, directly or
  574  indirectly, by a hospital or hospitals.
  575         d. A physical therapist licensed under chapter 486, based
  576  upon a referral by a provider described in this subparagraph.
  577         e. A health care clinic licensed under part X of chapter
  578  400 which is accredited by an accrediting organization whose
  579  standards incorporate comparable regulations required by this
  580  state, or:
  581         (I) Has a medical director licensed under chapter 458,
  582  chapter 459, or chapter 460;
  583         (II) Has been continuously licensed for more than 3 years
  584  or is a publicly traded corporation that issues securities
  585  traded on an exchange registered with the United States
  586  Securities and Exchange Commission as a national securities
  587  exchange; and
  588         (III) Provides at least four of the following medical
  589  specialties:
  590         (A) General medicine.
  591         (B) Radiography.
  592         (C) Orthopedic medicine.
  593         (D) Physical medicine.
  594         (E) Physical therapy.
  595         (F) Physical rehabilitation.
  596         (G) Prescribing or dispensing outpatient prescription
  597  medication.
  598         (H) Laboratory services.
  599         3. Reimbursement for Services and care provided in
  600  subparagraph 1. or subparagraph 2. up to $10,000 if a physician
  601  licensed under chapter 458 or chapter 459, a dentist licensed
  602  under chapter 466, a physician assistant licensed under chapter
  603  458 or chapter 459, or an advanced practice registered nurse
  604  licensed under chapter 464 has determined that the injured
  605  person had an emergency medical condition.
  606         4. Reimbursement for Services and care provided in
  607  subparagraph 1. or subparagraph 2. up is limited to $2,500 if a
  608  provider listed in subparagraph 1. or subparagraph 2. determines
  609  that the injured person did not have an emergency medical
  610  condition.
  611         5. Medical benefits do not include massage as defined in s.
  612  480.033 or acupuncture as defined in s. 457.102, regardless of
  613  the person, entity, or licensee providing massage or
  614  acupuncture, and a licensed massage therapist or licensed
  615  acupuncturist may not be reimbursed for medical benefits under
  616  this section.
  617         6. The Financial Services Commission shall adopt by rule
  618  the form that must be used by an insurer and a health care
  619  provider specified in sub-subparagraph 2.b., sub-subparagraph
  620  2.c., or sub-subparagraph 2.e. to document that the health care
  621  provider meets the criteria of this paragraph. Such rule must
  622  include a requirement for a sworn statement or affidavit.
  623         (b) Disability benefits.—Sixty percent of any loss of gross
  624  income and loss of earning capacity per individual from
  625  inability to work proximately caused by the injury sustained by
  626  the injured person, plus all expenses reasonably incurred in
  627  obtaining from others ordinary and necessary services in lieu of
  628  those that, but for the injury, the injured person would have
  629  performed without income for the benefit of his or her
  630  household. All disability benefits payable under this paragraph
  631  provision must be paid at least every 2 weeks.
  632         (c) Death benefits.—Death benefits of $5,000 per
  633  individual. Death benefits are in addition to the medical and
  634  disability benefits provided under the insurance policy. The
  635  insurer may pay death benefits to the executor or administrator
  636  of the deceased, to any of the deceased’s relatives by blood,
  637  legal adoption, or marriage, or to any person appearing to the
  638  insurer to be equitably entitled to such benefits.
  640  Only insurers writing motor vehicle liability insurance in this
  641  state may provide the required benefits of this section, and
  642  such insurer may not require the purchase of any other motor
  643  vehicle coverage other than the purchase of property damage
  644  liability coverage as required by s. 627.7275 as a condition for
  645  providing such benefits. Insurers may not require that property
  646  damage liability insurance in an amount greater than $10,000 be
  647  purchased in conjunction with personal injury protection. Such
  648  insurers shall make benefits and required property damage
  649  liability insurance coverage available through normal marketing
  650  channels. An insurer writing motor vehicle liability insurance
  651  in this state who fails to comply with such availability
  652  requirement as a general business practice violates part IX of
  653  chapter 626, and such violation constitutes an unfair method of
  654  competition or an unfair or deceptive act or practice involving
  655  the business of insurance. An insurer committing such violation
  656  is subject to the penalties provided under that part, as well as
  657  those provided elsewhere in the insurance code.
  658         Section 14. Subsection (5) of section 627.7407, Florida
  659  Statutes, is amended, and subsection (1) of that section is
  660  republished, to read:
  661         627.7407 Application of the Florida Motor Vehicle No-Fault
  662  Law.—
  663         (1) Any person subject to the requirements of ss. 627.730
  664  627.7405, the Florida Motor Vehicle No-Fault Law, as revived and
  665  amended by this act, must maintain security for personal injury
  666  protection as required by the Florida Motor Vehicle No-Fault
  667  Law, as revived and amended by this act, beginning on January 1,
  668  2008.
  669         (5) No later than November 15, 2007, Each motor vehicle
  670  insurer shall provide notice of the provisions of this section
  671  to each motor vehicle insured who is subject to subsection (1).
  672  The notice is not subject to approval by the Office of Insurance
  673  Regulation. The notice must clearly inform the policyholder:
  674         (a) That beginning on January 1, 2008, Florida law requires
  675  the policyholder to maintain personal injury protection (“PIP”)
  676  insurance coverage and that this insurance pays covered medical
  677  expenses for injuries sustained in a motor vehicle crash by the
  678  policyholder, passengers, and relatives residing in the
  679  policyholder’s household unless excluded under s. 627.747.
  680         (b) That if the policyholder does not maintain personal
  681  injury protection coverage, the State of Florida may suspend the
  682  policyholder’s driver license and vehicle registration.
  683         (c) That if the policyholder already has personal injury
  684  protection coverage, that coverage will be amended effective
  685  January 1, 2008, to incorporate legally required changes without
  686  any additional premium and that the policyholder is not required
  687  to take any further action.
  688         (d) That, if the policyholder does not currently have
  689  personal injury protection coverage, the current motor vehicle
  690  policy will be amended to incorporate the required personal
  691  injury protection coverage effective January 1, 2008.
  692         (e) The additional premium that is due, if any, and the
  693  date that it is due, which may be no earlier than January 1,
  694  2008.
  695         (f) That if the policyholder has any questions, the name
  696  and phone number of whom they should contact.
  697         Section 15. Section 627.747, Florida Statutes, is created
  698  to read:
  699         627.747Named driver exclusion.—
  700         (1)A private passenger motor vehicle policy may exclude an
  701  identified individual from any of the following coverages while
  702  the identified individual is operating a motor vehicle if the
  703  identified individual is specifically excluded by name on the
  704  declarations page or by endorsement and if a policyholder
  705  consents in writing to such exclusion:
  706         (a)Notwithstanding the Florida Motor Vehicle No-Fault Law,
  707  the personal injury protection coverage specifically applicable
  708  to the identified excluded individual’s injuries, lost wages,
  709  and death benefits.
  710         (b)Property damage liability coverage.
  711         (c)Bodily injury liability coverage.
  712         (d)Uninsured motorist coverage for any damages sustained
  713  by the identified excluded individual, if the policyholder has
  714  purchased such coverage.
  715         (e)Any coverage the policyholder is not required by law to
  716  purchase.
  717         (2)A private passenger motor vehicle policy may not
  718  exclude coverage when:
  719         (a)The identified excluded individual is injured while not
  720  operating a motor vehicle;
  721         (b)The exclusion is unfairly discriminatory under the
  722  Florida Insurance Code, as determined by the office; or
  723         (c)The exclusion is inconsistent with the underwriting
  724  rules filed by the insurer pursuant to s. 627.0651(13)(a).
  725         Section 16. Except as otherwise expressly provided in this
  726  act, this act shall take effect July 1, 2019.