Florida Senate - 2021 SENATOR AMENDMENT
Bill No. CS for CS for SB 54
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LEGISLATIVE ACTION
Senate . House
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Floor: WD/2R .
04/14/2021 06:52 PM .
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Senator Burgess moved the following:
1 Senate Amendment to Amendment (824756) (with title
2 amendment)
3
4 Delete lines 1865 - 2165
5 and insert:
6 required under by s. 324.022 and the death benefit coverage set
7 forth in s. 627.72761.
8 (2)(a) Insurers writing motor vehicle insurance in this
9 state shall make available, subject to the insurers’ usual
10 underwriting restrictions:
11 1. Coverage under policies as described in subsection (1)
12 to an applicant for private passenger motor vehicle insurance
13 coverage who is seeking the coverage in order to reinstate the
14 applicant’s driving privileges in this state if the driving
15 privileges were revoked or suspended pursuant to s. 316.646 or
16 s. 324.0221 due to the failure of the applicant to maintain
17 required security.
18 2. Coverage under policies as described in subsection (1),
19 which includes bodily injury also provides liability coverage
20 and property damage liability coverage, for bodily injury,
21 death, and property damage arising out of the ownership,
22 maintenance, or use of the motor vehicle in an amount not less
23 than the minimum limits required under described in s.
24 324.021(7) or s. 324.023 and which conforms to the requirements
25 of s. 324.151, to an applicant for private passenger motor
26 vehicle insurance coverage who is seeking the coverage in order
27 to reinstate the applicant’s driving privileges in this state
28 after such privileges were revoked or suspended under s. 316.193
29 or s. 322.26(2) for driving under the influence.
30 (b) The policies described in paragraph (a) must shall be
31 issued for at least 6 months and, as to the minimum coverages
32 required under this section, may not be canceled by the insured
33 for any reason or by the insurer after 60 days, during which
34 period the insurer is completing the underwriting of the policy.
35 After the insurer has completed underwriting the policy, the
36 insurer shall notify the Department of Highway Safety and Motor
37 Vehicles that the policy is in full force and effect and is not
38 cancelable for the remainder of the policy period. A premium
39 must shall be collected and the coverage is in effect for the
40 60-day period during which the insurer is completing the
41 underwriting of the policy, whether or not the person’s driver
42 license, motor vehicle tag, and motor vehicle registration are
43 in effect. Once the noncancelable provisions of the policy
44 become effective, the bodily injury liability and property
45 damage liability coverages for bodily injury, property damage,
46 and personal injury protection may not be reduced below the
47 minimum limits required under s. 324.021 or s. 324.023 during
48 the policy period.
49 (c) This subsection controls to the extent of any conflict
50 with any other section.
51 (d) An insurer issuing a policy subject to this section may
52 cancel the policy if, during the policy term, the named insured,
53 or any other operator who resides in the same household or
54 customarily operates an automobile insured under the policy, has
55 his or her driver license suspended or revoked.
56 (e) This subsection does not require an insurer to offer a
57 policy of insurance to an applicant if such offer would be
58 inconsistent with the insurer’s underwriting guidelines and
59 procedures.
60 Section 47. Section 627.72761, Florida Statutes, is created
61 to read:
62 627.72761 Required motor vehicle death benefit coverage.—An
63 insurance policy complying with the financial security
64 requirements of s. 324.022 must provide death benefits for the
65 death of the operator of an insured motor vehicle when such
66 death arises out of the ownership, maintenance, or use of a
67 motor vehicle. The insurer may pay death benefits to the
68 executor or administrator of the deceased; to any of the
69 deceased’s relatives by blood, legal adoption, or marriage; or
70 to any person appearing to the insurer to be equitably entitled
71 to such benefits. The benefit is not payable if the operator
72 died as a result of causing injury or death to himself or
73 herself intentionally or died because of injuries or death that
74 incurred while committing a felony.
75 Section 48. Effective upon this act becoming a law, section
76 627.7278, Florida Statutes, is created to read:
77 627.7278 Applicability and construction; notice to
78 policyholders.—
79 (1) As used in this section, the term “minimum security
80 requirements” means security that enables a person to respond in
81 damages for liability on account of crashes arising out of the
82 ownership, maintenance, or use of a motor vehicle, in the
83 amounts required by s. 324.022(1), as amended by this act.
84 (2) Effective January 1, 2022:
85 (a) Motor vehicle insurance policies issued or renewed on
86 or after that date may not include personal injury protection.
87 (b) All persons subject to s. 324.022, s. 324.032, s.
88 627.7415, or s. 627.742 must maintain at least minimum security
89 requirements.
90 (c) Any new or renewal motor vehicle insurance policy
91 delivered or issued for delivery in this state must provide
92 coverage that complies with minimum security requirements and
93 provides the death benefit set forth in s. 627.72761.
94 (d) An existing motor vehicle insurance policy issued
95 before that date which provides personal injury protection and
96 property damage liability coverage that meets the requirements
97 of s. 324.022 on December 31, 2021, but which does not meet
98 minimum security requirements on or after January 1, 2022, is
99 deemed to meet minimum security requirements until such policy
100 is renewed, nonrenewed, or canceled on or after January 1, 2022.
101 Sections 627.730-627.7405, 400.9905, 400.991, 456.057, 456.072,
102 627.7263, 627.727, 627.748, 626.9541(1)(i), and 817.234, Florida
103 Statutes 2020, remain in full force and effect for motor vehicle
104 accidents covered under a policy issued under the Florida Motor
105 Vehicle No-Fault Law before January 1, 2022, until the policy is
106 renewed, nonrenewed, or canceled on or after January 1, 2022.
107 (3) Each insurer shall allow each insured who has a new or
108 renewal policy providing personal injury protection which
109 becomes effective before January 1, 2022, and whose policy does
110 not meet minimum security requirements on or after January 1,
111 2022, to change coverages so as to eliminate personal injury
112 protection and obtain coverage providing minimum security
113 requirements and the death benefit set forth in s. 627.72761,
114 which shall be effective on or after January 1, 2022. The
115 insurer is not required to provide coverage complying with
116 minimum security requirements and the death benefit set forth in
117 s. 627.72761, in such policies if the insured does not pay the
118 required premium, if any, by January 1, 2022, or such later date
119 as the insurer may allow. The insurer also shall offer each
120 insured medical payments coverage pursuant to s. 627.7265. Any
121 reduction in the premium must be refunded by the insurer. The
122 insurer may not impose on the insured an additional fee or
123 charge that applies solely to a change in coverage; however, the
124 insurer may charge an additional required premium that is
125 actuarially indicated.
126 (4) By September 1, 2021, each motor vehicle insurer shall
127 provide notice of this section to each motor vehicle
128 policyholder who is subject to this section. The notice is
129 subject to approval by the office and must clearly inform the
130 policyholder that:
131 (a) The Florida Motor Vehicle No-Fault Law is repealed
132 effective January 1, 2022, and that on or after that date, the
133 insured is no longer required to maintain personal injury
134 protection insurance coverage, that personal injury protection
135 coverage is no longer available for purchase in this state, and
136 that all new or renewal policies issued on or after that date
137 will not contain that coverage.
138 (b) Effective January 1, 2022, a person subject to the
139 financial responsibility requirements of s. 324.022 must:
140 1. Maintain minimum security requirements that enable the
141 person to respond to damages for liability on account of
142 accidents arising out of the use of a motor vehicle in the
143 following amounts:
144 a. Twenty-five thousand dollars for bodily injury to, or
145 the death of, one person in any one crash and, subject to such
146 limits for one person, in the amount of $50,000 for bodily
147 injury to, or the death of, two or more persons in any one
148 crash; and
149 b. Ten thousand dollars for damage to, or destruction of,
150 the property of others in any one crash.
151 2. Purchase a death benefit pursuant to s. 627.72761
152 providing at least $5,000 in coverage upon the death of the
153 operator of a motor vehicle.
154 (c) Bodily injury liability coverage protects the insured,
155 up to the coverage limits, against loss if the insured is
156 legally responsible for the death of or bodily injury to others
157 in a motor vehicle accident.
158 (d) Effective January 1, 2022, each policyholder of motor
159 vehicle liability insurance purchased as proof of financial
160 responsibility must be offered medical payments coverage
161 benefits that comply with s. 627.7265. The insurer must offer
162 medical payments coverage at limits of $5,000 and $10,000
163 without a deductible. The insurer may also offer medical
164 payments coverage at other limits greater than $5,000 and may
165 offer coverage with a deductible of up to $500. Medical payments
166 coverage pays covered medical expenses incurred due to bodily
167 injury, sickness, or disease arising out of the ownership,
168 maintenance, or use of the motor vehicle, up to the limits of
169 such coverage, for injuries sustained in a motor vehicle crash
170 by the named insured, resident relatives, any person operating
171 the insured motor vehicle, passengers in the insured motor
172 vehicle, and persons who are struck by the insured motor vehicle
173 and suffer bodily injury while not an occupant of a self
174 propelled motor vehicle as provided in s. 627.7265. Medical
175 payments coverage also provides a death benefit of at least
176 $5,000.
177 (e) The policyholder may obtain uninsured and underinsured
178 motorist coverage that provides benefits, up to the limits of
179 such coverage, to a policyholder or other insured entitled to
180 recover damages for bodily injury, sickness, disease, or death
181 resulting from a motor vehicle accident with an uninsured or
182 underinsured owner or operator of a motor vehicle.
183 (f) If the policyholder’s new or renewal motor vehicle
184 insurance policy is effective before January 1, 2022, and
185 contains personal injury protection and property damage
186 liability coverage as required by state law before January 1,
187 2022, but does not meet minimum security requirements on or
188 after January 1, 2022, the policy is deemed to meet minimum
189 security requirements until it is renewed, nonrenewed, or
190 canceled on or after January 1, 2022.
191 (g) A policyholder whose new or renewal policy becomes
192 effective before January 1, 2022, but does not meet minimum
193 security requirements on or after January 1, 2022, may change
194 coverages under the policy so as to eliminate personal injury
195 protection and to obtain coverage providing minimum security
196 requirements, including bodily injury liability coverage, which
197 are effective on or after January 1, 2022.
198 (h) If the policyholder has any questions, he or she should
199 contact the person named at the telephone number provided in the
200 notice.
201 Section 49. Paragraph (a) of subsection (1) of section
202 627.728, Florida Statutes, is amended to read:
203 627.728 Cancellations; nonrenewals.—
204 (1) As used in this section, the term:
205 (a) “Policy” means the bodily injury and property damage
206 liability, personal injury protection, medical payments,
207 comprehensive, collision, and uninsured motorist coverage
208 portions of a policy of motor vehicle insurance delivered or
209 issued for delivery in this state:
210 1. Insuring a natural person as named insured or one or
211 more related individuals who are residents resident of the same
212 household; and
213 2. Insuring only a motor vehicle of the private passenger
214 type or station wagon type which is not used as a public or
215 livery conveyance for passengers or rented to others; or
216 insuring any other four-wheel motor vehicle having a load
217 capacity of 1,500 pounds or less which is not used in the
218 occupation, profession, or business of the insured other than
219 farming; other than any policy issued under an automobile
220 insurance assigned risk plan or covering garage, automobile
221 sales agency, repair shop, service station, or public parking
222 place operation hazards.
223
224 The term “policy” does not include a binder as defined in s.
225 627.420 unless the duration of the binder period exceeds 60
226 days.
227 Section 50. Subsection (1), paragraph (a) of subsection
228 (5), and subsections (6) and (7) of section 627.7295, Florida
229 Statutes, are amended to read:
230 627.7295 Motor vehicle insurance contracts.—
231 (1) As used in this section, the term:
232 (a) “Policy” means a motor vehicle insurance policy that
233 provides bodily injury liability personal injury protection
234 coverage and, property damage liability coverage, or both.
235 (b) “Binder” means a binder that provides motor vehicle
236 bodily injury liability coverage personal injury protection and
237 property damage liability coverage.
238 (5)(a) A licensed general lines agent may charge a per
239 policy fee of up to not to exceed $10 to cover the
240 administrative costs of the agent associated with selling the
241 motor vehicle insurance policy if the policy covers only bodily
242 injury liability coverage personal injury protection coverage as
243 provided by s. 627.736 and property damage liability coverage as
244 provided by s. 627.7275 and if no other insurance is sold or
245 issued in conjunction with or collateral to the policy. The fee
246 is not considered part of the premium.
247 (6) If a motor vehicle owner’s driver license, license
248 plate, and registration have previously been suspended pursuant
249 to s. 316.646 or s. 627.733, an insurer may cancel a new policy
250 only as provided in s. 627.7275.
251 (7) A policy of private passenger motor vehicle insurance
252 or a binder for such a policy may be initially issued in this
253 state only if, before the effective date of such binder or
254 policy, the insurer or agent has collected from the insured an
255 amount equal to at least 1 month’s premium. An insurer, agent,
256 or premium finance company may not, directly or indirectly, take
257 any action that results resulting in the insured paying having
258 paid from the insured’s own funds an amount less than the 1
259 month’s premium required by this subsection. This subsection
260 applies without regard to whether the premium is financed by a
261 premium finance company or is paid pursuant to a periodic
262 payment plan of an insurer or an insurance agent.
263 (a) This subsection does not apply:
264 1. If an insured or member of the insured’s family is
265 renewing or replacing a policy or a binder for such policy
266 written by the same insurer or a member of the same insurer
267 group. This subsection does not apply
268 2. To an insurer that issues private passenger motor
269 vehicle coverage primarily to active duty or former military
270 personnel or their dependents. This subsection does not apply
271 3. If all policy payments are paid pursuant to a payroll
272 deduction plan, an automatic electronic funds transfer payment
273 plan from the policyholder, or a recurring credit card or debit
274 card agreement with the insurer.
275 (b) This subsection and subsection (4) do not apply if:
276 1. All policy payments to an insurer are paid pursuant to
277 an automatic electronic funds transfer payment plan from an
278 agent, a managing general agent, or a premium finance company
279 and if the policy includes, at a minimum, bodily injury
280 liability coverage and personal injury protection pursuant to
281 ss. 627.730-627.7405; motor vehicle property damage liability
282 coverage pursuant to s. 627.7275; or and bodily injury liability
283 in at least the amount of $10,000 because of bodily injury to,
284 or death of, one person in any one accident and in the amount of
285 $20,000 because of bodily injury to, or death of, two or more
286 persons in any one accident. This subsection and subsection (4)
287 do not apply if
288 2. An insured has had a policy in effect for at least 6
289 months, the insured’s agent is terminated by the insurer that
290 issued the policy, and the insured obtains coverage on the
291 policy’s renewal date with a new company through the terminated
292 agent.
293 Section 51. Section 627.7415, Florida Statutes, is amended
294 to read:
295 627.7415 Commercial motor vehicles; additional liability
296 insurance coverage.—Beginning January 1, 2022, commercial motor
297 vehicles, as defined in s. 207.002 or s. 320.01, operated upon
298 the roads and highways of this state must shall be insured with
299 the following minimum levels of combined bodily liability
300 insurance and property damage liability insurance in addition to
301 any other insurance requirements:
302 (1) Sixty Fifty thousand dollars per occurrence for a
303 commercial motor vehicle with a gross vehicle weight of 26,000
304 pounds or more, but less than 35,000 pounds.
305 (2) One hundred twenty thousand dollars per occurrence for
306 a commercial motor vehicle with a gross vehicle weight of 35,000
307 pounds or more, but less than 44,000 pounds.
308 (3) Three hundred thousand dollars per occurrence for a
309 commercial motor vehicle with a gross vehicle weight of 44,000
310 pounds or more.
311 (4) All commercial motor vehicles subject to regulations of
312 the United States Department of Transportation, 49 C.F.R. part
313 387, subpart A, and as may be hereinafter amended, shall be
314 insured in an amount equivalent to the minimum levels of
315 financial responsibility as set forth in such regulations.
316
317 A violation of this section is a noncriminal traffic infraction,
318 punishable as a nonmoving violation as provided in chapter 318.
319 Section 52. Section 627.747, Florida Statutes, is created
320 to read:
321 627.747 Named driver exclusion.—
322 (1) A private passenger motor vehicle policy may exclude an
323 identified individual from the following coverages while the
324 identified individual is operating a motor vehicle, provided
325 that the identified individual is specifically excluded by name
326 on the declarations page or by endorsement and the policyholder
327 consents in writing to the exclusion:
328 (a) Property damage liability coverage.
329 (b) Bodily injury liability coverage.
330 (c) Death benefit coverage under s. 627.72761.
331
332 ================= T I T L E A M E N D M E N T ================
333 And the title is amended as follows:
334 Delete line 2860
335 and insert:
336 act; creating s. 627.72761, F.S.; requiring that motor
337 vehicle insurance policies in compliance with certain
338 requirements provide death benefits; providing to whom
339 death benefits may be paid; specifying when the
340 benefit is not payable; creating s. 627.7278, F.S.;
341 defining the term