Florida Senate - 2021                                     SB 420
       By Senator Hooper
       16-00568-21                                            2021420__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle insurance coverage
    3         exclusions; creating s. 627.747, F.S.; providing that
    4         private passenger motor vehicle policies may exclude
    5         certain identified individuals from specified
    6         coverages under certain circumstances; providing that
    7         such policies may not exclude coverage under certain
    8         circumstances; amending ss. 324.151, 627.736, and
    9         627.7407, F.S.; conforming provisions to changes made
   10         by the act; providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Section 627.747, Florida Statutes, is created to
   15  read:
   16         627.747 Named driver exclusion.—
   17         (1) A private passenger motor vehicle policy may exclude an
   18  identified individual who is not a named insured from the
   19  following coverages while the identified individual is operating
   20  a motor vehicle, provided the identified individual is named on
   21  the declarations page or by endorsement and the named insured
   22  consents in writing to such exclusion:
   23         (a)Notwithstanding the Florida Motor Vehicle No-Fault Law,
   24  the personal injury protection coverage specifically applicable
   25  to the identified individual’s injuries, lost wages, and death
   26  benefits.
   27         (b)Property damage liability coverage.
   28         (c)Bodily injury liability coverage, if required by law
   29  and purchased by the named insured.
   30         (d)Uninsured motorist coverage for any damages sustained
   31  by the identified excluded individual, if the named insured has
   32  purchased such coverage.
   33         (e) Any coverage the named insured is not required by law
   34  to purchase.
   35         (2)A private passenger motor vehicle policy may not
   36  exclude coverage when:
   37         (a) The identified individual is injured while not
   38  operating a motor vehicle;
   39         (b)The exclusion is unfairly discriminatory under the
   40  Florida Insurance Code, as determined by the office; or
   41         (c)The exclusion is inconsistent with the underwriting
   42  rules filed by the insurer pursuant to s. 627.0651(13)(a).
   43         Section 2. Paragraph (a) of subsection (1) of section
   44  324.151, Florida Statutes, is amended to read:
   45         324.151 Motor vehicle liability policies; required
   46  provisions.—
   47         (1) A motor vehicle liability policy to be proof of
   48  financial responsibility under s. 324.031(1), shall be issued to
   49  owners or operators under the following provisions:
   50         (a) An owner’s liability insurance policy must shall
   51  designate by explicit description or by appropriate reference
   52  all motor vehicles with respect to which coverage is thereby
   53  granted, must and shall insure the owner named therein, and,
   54  except for a named driver excluded under s. 627.747, must insure
   55  any other person as operator using such motor vehicle or motor
   56  vehicles with the express or implied permission of such owner
   57  against loss from the liability imposed by law for damage
   58  arising out of the ownership, maintenance, or use of such motor
   59  vehicle or motor vehicles within the United States or the
   60  Dominion of Canada, subject to limits, exclusive of interest and
   61  costs with respect to each such motor vehicle as is provided for
   62  under s. 324.021(7). Insurers may make available, with respect
   63  to property damage liability coverage, a deductible amount not
   64  to exceed $500. In the event of a property damage loss covered
   65  by a policy containing a property damage deductible provision,
   66  the insurer shall pay to the third-party claimant the amount of
   67  any property damage liability settlement or judgment, subject to
   68  policy limits, as if no deductible existed.
   69         Section 3. Subsection (1) of section 627.736, Florida
   70  Statutes, is amended to read:
   71         627.736 Required personal injury protection benefits;
   72  exclusions; priority; claims.—
   73         (1) REQUIRED BENEFITS.—An insurance policy complying with
   74  the security requirements of s. 627.733 must provide personal
   75  injury protection to the named insured, relatives residing in
   76  the same household unless excluded under s. 627.747, persons
   77  operating the insured motor vehicle, passengers in the motor
   78  vehicle, and other persons struck by the motor vehicle and
   79  suffering bodily injury while not an occupant of a self
   80  propelled vehicle, subject to subsection (2) and paragraph
   81  (4)(e), to a limit of $10,000 in medical and disability benefits
   82  and $5,000 in death benefits resulting from bodily injury,
   83  sickness, disease, or death arising out of the ownership,
   84  maintenance, or use of a motor vehicle as follows:
   85         (a) Medical benefits.—Eighty percent of all reasonable
   86  expenses for medically necessary medical, surgical, X-ray,
   87  dental, and rehabilitative services, including prosthetic
   88  devices and medically necessary ambulance, hospital, and nursing
   89  services if the individual receives initial services and care
   90  pursuant to subparagraph 1. within 14 days after the motor
   91  vehicle accident. The medical benefits provide reimbursement
   92  only for:
   93         1. Initial services and care that are lawfully provided,
   94  supervised, ordered, or prescribed by a physician licensed under
   95  chapter 458 or chapter 459, a dentist licensed under chapter
   96  466, a chiropractic physician licensed under chapter 460, or an
   97  advanced practice registered nurse registered under s. 464.0123
   98  or that are provided in a hospital or in a facility that owns,
   99  or is wholly owned by, a hospital. Initial services and care may
  100  also be provided by a person or entity licensed under part III
  101  of chapter 401 which provides emergency transportation and
  102  treatment.
  103         2. Upon referral by a provider described in subparagraph
  104  1., followup services and care consistent with the underlying
  105  medical diagnosis rendered pursuant to subparagraph 1. which may
  106  be provided, supervised, ordered, or prescribed only by a
  107  physician licensed under chapter 458 or chapter 459, a
  108  chiropractic physician licensed under chapter 460, a dentist
  109  licensed under chapter 466, or an advanced practice registered
  110  nurse registered under s. 464.0123, or, to the extent permitted
  111  by applicable law and under the supervision of such physician,
  112  osteopathic physician, chiropractic physician, or dentist, by a
  113  physician assistant licensed under chapter 458 or chapter 459 or
  114  an advanced practice registered nurse licensed under chapter
  115  464. Followup services and care may also be provided by the
  116  following persons or entities:
  117         a. A hospital or ambulatory surgical center licensed under
  118  chapter 395.
  119         b. An entity wholly owned by one or more physicians
  120  licensed under chapter 458 or chapter 459, chiropractic
  121  physicians licensed under chapter 460, advanced practice
  122  registered nurses registered under s. 464.0123, or dentists
  123  licensed under chapter 466 or by such practitioners and the
  124  spouse, parent, child, or sibling of such practitioners.
  125         c. An entity that owns or is wholly owned, directly or
  126  indirectly, by a hospital or hospitals.
  127         d. A physical therapist licensed under chapter 486, based
  128  upon a referral by a provider described in this subparagraph.
  129         e. A health care clinic licensed under part X of chapter
  130  400 which is accredited by an accrediting organization whose
  131  standards incorporate comparable regulations required by this
  132  state, or
  133         (I) Has a medical director licensed under chapter 458,
  134  chapter 459, or chapter 460;
  135         (II) Has been continuously licensed for more than 3 years
  136  or is a publicly traded corporation that issues securities
  137  traded on an exchange registered with the United States
  138  Securities and Exchange Commission as a national securities
  139  exchange; and
  140         (III) Provides at least four of the following medical
  141  specialties:
  142         (A) General medicine.
  143         (B) Radiography.
  144         (C) Orthopedic medicine.
  145         (D) Physical medicine.
  146         (E) Physical therapy.
  147         (F) Physical rehabilitation.
  148         (G) Prescribing or dispensing outpatient prescription
  149  medication.
  150         (H) Laboratory services.
  151         3. Reimbursement for services and care provided in
  152  subparagraph 1. or subparagraph 2. up to $10,000 if a physician
  153  licensed under chapter 458 or chapter 459, a dentist licensed
  154  under chapter 466, a physician assistant licensed under chapter
  155  458 or chapter 459, or an advanced practice registered nurse
  156  licensed under chapter 464 has determined that the injured
  157  person had an emergency medical condition.
  158         4. Reimbursement for services and care provided in
  159  subparagraph 1. or subparagraph 2. is limited to $2,500 if a
  160  provider listed in subparagraph 1. or subparagraph 2. determines
  161  that the injured person did not have an emergency medical
  162  condition.
  163         5. Medical benefits do not include massage as defined in s.
  164  480.033 or acupuncture as defined in s. 457.102, regardless of
  165  the person, entity, or licensee providing massage or
  166  acupuncture, and a licensed massage therapist or licensed
  167  acupuncturist may not be reimbursed for medical benefits under
  168  this section.
  169         6. The Financial Services Commission shall adopt by rule
  170  the form that must be used by an insurer and a health care
  171  provider specified in sub-subparagraph 2.b., sub-subparagraph
  172  2.c., or sub-subparagraph 2.e. to document that the health care
  173  provider meets the criteria of this paragraph. Such rule must
  174  include a requirement for a sworn statement or affidavit.
  175         (b) Disability benefits.—Sixty percent of any loss of gross
  176  income and loss of earning capacity per individual from
  177  inability to work proximately caused by the injury sustained by
  178  the injured person, plus all expenses reasonably incurred in
  179  obtaining from others ordinary and necessary services in lieu of
  180  those that, but for the injury, the injured person would have
  181  performed without income for the benefit of his or her
  182  household. All disability benefits payable under this provision
  183  must be paid at least every 2 weeks.
  184         (c) Death benefits.—Death benefits of $5,000 per
  185  individual. Death benefits are in addition to the medical and
  186  disability benefits provided under the insurance policy. The
  187  insurer may pay death benefits to the executor or administrator
  188  of the deceased, to any of the deceased’s relatives by blood,
  189  legal adoption, or marriage, or to any person appearing to the
  190  insurer to be equitably entitled to such benefits.
  192  Only insurers writing motor vehicle liability insurance in this
  193  state may provide the required benefits of this section, and
  194  such insurer may not require the purchase of any other motor
  195  vehicle coverage other than the purchase of property damage
  196  liability coverage as required by s. 627.7275 as a condition for
  197  providing such benefits. Insurers may not require that property
  198  damage liability insurance in an amount greater than $10,000 be
  199  purchased in conjunction with personal injury protection. Such
  200  insurers shall make benefits and required property damage
  201  liability insurance coverage available through normal marketing
  202  channels. An insurer writing motor vehicle liability insurance
  203  in this state who fails to comply with such availability
  204  requirement as a general business practice violates part IX of
  205  chapter 626, and such violation constitutes an unfair method of
  206  competition or an unfair or deceptive act or practice involving
  207  the business of insurance. An insurer committing such violation
  208  is subject to the penalties provided under that part, as well as
  209  those provided elsewhere in the insurance code.
  210         Section 4. Paragraph (a) of subsection (5) of section
  211  627.7407, Florida Statutes, is amended to read:
  212         627.7407 Application of the Florida Motor Vehicle No-Fault
  213  Law.—
  214         (5) No later than November 15, 2007, each motor vehicle
  215  insurer shall provide notice of the provisions of this section
  216  to each motor vehicle insured who is subject to subsection (1).
  217  The notice is not subject to approval by the Office of Insurance
  218  Regulation. The notice must clearly inform the policyholder:
  219         (a) That beginning on January 1, 2008, Florida law requires
  220  the policyholder to maintain personal injury protection (“PIP”)
  221  insurance coverage and that this insurance pays covered medical
  222  expenses for injuries sustained in a motor vehicle crash by the
  223  policyholder, passengers, and relatives residing in the
  224  policyholder’s household unless excluded under s. 627.747.
  225         Section 5. This act shall take effect July 1, 2021.