CS for SB 420                                    First Engrossed
    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 coverages for claims resulting from the
    6         operation of motor vehicles by identified individuals
    7         under certain circumstances; requiring excluded
    8         drivers to meet certain requirements for financial
    9         responsibility; amending ss. 324.151, 627.736, and
   10         627.7407, F.S.; conforming provisions to changes made
   11         by the act; providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Section 627.747, Florida Statutes, is created to
   16  read:
   17         627.747 Named driver exclusion.—
   18         (1) A private passenger motor vehicle policy may exclude
   19  the following coverages for all claims or suits resulting from
   20  the operation of a motor vehicle by an identified individual who
   21  is not a named insured, provided the identified individual is
   22  named on the declarations page or by endorsement and the named
   23  insured consents in writing to such exclusion:
   24         (a) Notwithstanding the Florida Motor Vehicle No-Fault Law,
   25  the personal injury protection coverage specifically applicable
   26  to the identified individual’s injuries, lost wages, and death
   27  benefits.
   28         (b) Property damage liability coverage.
   29         (c) Bodily injury liability coverage, if required by law
   30  and purchased by the named insured.
   31         (d) Uninsured motorist coverage for any damages sustained
   32  by the identified excluded individual, if the named insured has
   33  purchased such coverage.
   34         (e) Any coverage the named insured is not required by law
   35  to purchase.
   36         (2) A private passenger motor vehicle policy may not
   37  exclude coverage when:
   38         (a) The identified individual is injured while not
   39  operating a motor vehicle;
   40         (b) The identified individual is being excluded solely
   41  because of his or her race, color, religion, sex, national
   42  origin, age, handicap, pregnancy, or marital status; or
   43         (c)The exclusion is inconsistent with the underwriting
   44  rules filed by the insurer pursuant to s. 627.0651(13)(a).
   45         (3)A driver excluded pursuant to this section must:
   46         (a)Establish, maintain, and show proof of financial
   47  ability to respond for damages arising out of the ownership,
   48  maintenance, or use of a motor vehicle as required by chapter
   49  324; and
   50         (b)Maintain security as required by s. 627.733.
   51         Section 2. Paragraph (a) of subsection (1) of section
   52  324.151, Florida Statutes, is amended to read:
   53         324.151 Motor vehicle liability policies; required
   54  provisions.—
   55         (1) A motor vehicle liability policy to be proof of
   56  financial responsibility under s. 324.031(1), shall be issued to
   57  owners or operators under the following provisions:
   58         (a) An owner’s liability insurance policy must shall
   59  designate by explicit description or by appropriate reference
   60  all motor vehicles with respect to which coverage is thereby
   61  granted, must and shall insure the owner named therein, and,
   62  except for a named driver excluded under s. 627.747, must insure
   63  any other person as operator using such motor vehicle or motor
   64  vehicles with the express or implied permission of such owner
   65  against loss from the liability imposed by law for damage
   66  arising out of the ownership, maintenance, or use of such motor
   67  vehicle or motor vehicles within the United States or the
   68  Dominion of Canada, subject to limits, exclusive of interest and
   69  costs with respect to each such motor vehicle as is provided for
   70  under s. 324.021(7). Insurers may make available, with respect
   71  to property damage liability coverage, a deductible amount not
   72  to exceed $500. In the event of a property damage loss covered
   73  by a policy containing a property damage deductible provision,
   74  the insurer shall pay to the third-party claimant the amount of
   75  any property damage liability settlement or judgment, subject to
   76  policy limits, as if no deductible existed.
   77         Section 3. Subsection (1) of section 627.736, Florida
   78  Statutes, is amended to read:
   79         627.736 Required personal injury protection benefits;
   80  exclusions; priority; claims.—
   81         (1) REQUIRED BENEFITS.—An insurance policy complying with
   82  the security requirements of s. 627.733 must provide personal
   83  injury protection to the named insured, relatives residing in
   84  the same household unless excluded under s. 627.747, persons
   85  operating the insured motor vehicle, passengers in the motor
   86  vehicle, and other persons struck by the motor vehicle and
   87  suffering bodily injury while not an occupant of a self
   88  propelled vehicle, subject to subsection (2) and paragraph
   89  (4)(e), to a limit of $10,000 in medical and disability benefits
   90  and $5,000 in death benefits resulting from bodily injury,
   91  sickness, disease, or death arising out of the ownership,
   92  maintenance, or use of a motor vehicle as follows:
   93         (a) Medical benefits.—Eighty percent of all reasonable
   94  expenses for medically necessary medical, surgical, X-ray,
   95  dental, and rehabilitative services, including prosthetic
   96  devices and medically necessary ambulance, hospital, and nursing
   97  services if the individual receives initial services and care
   98  pursuant to subparagraph 1. within 14 days after the motor
   99  vehicle accident. The medical benefits provide reimbursement
  100  only for:
  101         1. Initial services and care that are lawfully provided,
  102  supervised, ordered, or prescribed by a physician licensed under
  103  chapter 458 or chapter 459, a dentist licensed under chapter
  104  466, a chiropractic physician licensed under chapter 460, or an
  105  advanced practice registered nurse registered under s. 464.0123
  106  or that are provided in a hospital or in a facility that owns,
  107  or is wholly owned by, a hospital. Initial services and care may
  108  also be provided by a person or entity licensed under part III
  109  of chapter 401 which provides emergency transportation and
  110  treatment.
  111         2. Upon referral by a provider described in subparagraph
  112  1., followup services and care consistent with the underlying
  113  medical diagnosis rendered pursuant to subparagraph 1. which may
  114  be provided, supervised, ordered, or prescribed only by a
  115  physician licensed under chapter 458 or chapter 459, a
  116  chiropractic physician licensed under chapter 460, a dentist
  117  licensed under chapter 466, or an advanced practice registered
  118  nurse registered under s. 464.0123, or, to the extent permitted
  119  by applicable law and under the supervision of such physician,
  120  osteopathic physician, chiropractic physician, or dentist, by a
  121  physician assistant licensed under chapter 458 or chapter 459 or
  122  an advanced practice registered nurse licensed under chapter
  123  464. Followup services and care may also be provided by the
  124  following persons or entities:
  125         a. A hospital or ambulatory surgical center licensed under
  126  chapter 395.
  127         b. An entity wholly owned by one or more physicians
  128  licensed under chapter 458 or chapter 459, chiropractic
  129  physicians licensed under chapter 460, advanced practice
  130  registered nurses registered under s. 464.0123, or dentists
  131  licensed under chapter 466 or by such practitioners and the
  132  spouse, parent, child, or sibling of such practitioners.
  133         c. An entity that owns or is wholly owned, directly or
  134  indirectly, by a hospital or hospitals.
  135         d. A physical therapist licensed under chapter 486, based
  136  upon a referral by a provider described in this subparagraph.
  137         e. A health care clinic licensed under part X of chapter
  138  400 which is accredited by an accrediting organization whose
  139  standards incorporate comparable regulations required by this
  140  state, or
  141         (I) Has a medical director licensed under chapter 458,
  142  chapter 459, or chapter 460;
  143         (II) Has been continuously licensed for more than 3 years
  144  or is a publicly traded corporation that issues securities
  145  traded on an exchange registered with the United States
  146  Securities and Exchange Commission as a national securities
  147  exchange; and
  148         (III) Provides at least four of the following medical
  149  specialties:
  150         (A) General medicine.
  151         (B) Radiography.
  152         (C) Orthopedic medicine.
  153         (D) Physical medicine.
  154         (E) Physical therapy.
  155         (F) Physical rehabilitation.
  156         (G) Prescribing or dispensing outpatient prescription
  157  medication.
  158         (H) Laboratory services.
  159         3. Reimbursement for services and care provided in
  160  subparagraph 1. or subparagraph 2. up to $10,000 if a physician
  161  licensed under chapter 458 or chapter 459, a dentist licensed
  162  under chapter 466, a physician assistant licensed under chapter
  163  458 or chapter 459, or an advanced practice registered nurse
  164  licensed under chapter 464 has determined that the injured
  165  person had an emergency medical condition.
  166         4. Reimbursement for services and care provided in
  167  subparagraph 1. or subparagraph 2. is limited to $2,500 if a
  168  provider listed in subparagraph 1. or subparagraph 2. determines
  169  that the injured person did not have an emergency medical
  170  condition.
  171         5. Medical benefits do not include massage as defined in s.
  172  480.033 or acupuncture as defined in s. 457.102, regardless of
  173  the person, entity, or licensee providing massage or
  174  acupuncture, and a licensed massage therapist or licensed
  175  acupuncturist may not be reimbursed for medical benefits under
  176  this section.
  177         6. The Financial Services Commission shall adopt by rule
  178  the form that must be used by an insurer and a health care
  179  provider specified in sub-subparagraph 2.b., sub-subparagraph
  180  2.c., or sub-subparagraph 2.e. to document that the health care
  181  provider meets the criteria of this paragraph. Such rule must
  182  include a requirement for a sworn statement or affidavit.
  183         (b) Disability benefits.—Sixty percent of any loss of gross
  184  income and loss of earning capacity per individual from
  185  inability to work proximately caused by the injury sustained by
  186  the injured person, plus all expenses reasonably incurred in
  187  obtaining from others ordinary and necessary services in lieu of
  188  those that, but for the injury, the injured person would have
  189  performed without income for the benefit of his or her
  190  household. All disability benefits payable under this provision
  191  must be paid at least every 2 weeks.
  192         (c) Death benefits.—Death benefits of $5,000 per
  193  individual. Death benefits are in addition to the medical and
  194  disability benefits provided under the insurance policy. The
  195  insurer may pay death benefits to the executor or administrator
  196  of the deceased, to any of the deceased’s relatives by blood,
  197  legal adoption, or marriage, or to any person appearing to the
  198  insurer to be equitably entitled to such benefits.
  200  Only insurers writing motor vehicle liability insurance in this
  201  state may provide the required benefits of this section, and
  202  such insurer may not require the purchase of any other motor
  203  vehicle coverage other than the purchase of property damage
  204  liability coverage as required by s. 627.7275 as a condition for
  205  providing such benefits. Insurers may not require that property
  206  damage liability insurance in an amount greater than $10,000 be
  207  purchased in conjunction with personal injury protection. Such
  208  insurers shall make benefits and required property damage
  209  liability insurance coverage available through normal marketing
  210  channels. An insurer writing motor vehicle liability insurance
  211  in this state who fails to comply with such availability
  212  requirement as a general business practice violates part IX of
  213  chapter 626, and such violation constitutes an unfair method of
  214  competition or an unfair or deceptive act or practice involving
  215  the business of insurance. An insurer committing such violation
  216  is subject to the penalties provided under that part, as well as
  217  those provided elsewhere in the insurance code.
  218         Section 4. Paragraph (a) of subsection (5) of section
  219  627.7407, Florida Statutes, is amended to read:
  220         627.7407 Application of the Florida Motor Vehicle No-Fault
  221  Law.—
  222         (5) No later than November 15, 2007, each motor vehicle
  223  insurer shall provide notice of the provisions of this section
  224  to each motor vehicle insured who is subject to subsection (1).
  225  The notice is not subject to approval by the Office of Insurance
  226  Regulation. The notice must clearly inform the policyholder:
  227         (a) That beginning on January 1, 2008, Florida law requires
  228  the policyholder to maintain personal injury protection (“PIP”)
  229  insurance coverage and that this insurance pays covered medical
  230  expenses for injuries sustained in a motor vehicle crash by the
  231  policyholder, passengers, and relatives residing in the
  232  policyholder’s household unless excluded under s. 627.747.
  233         Section 5. This act shall take effect July 1, 2021.