Florida Senate - 2021                        CS for CS for SB 54
       
       
        
       By the Committees on Judiciary; and Banking and Insurance; and
       Senators Burgess and Rouson
       
       
       
       
       590-02131A-21                                           202154c2
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle insurance; repealing
    3         ss. 627.730, 627.731, 627.7311, 627.732, 627.733,
    4         627.734, 627.736, 627.737, 627.739, 627.7401,
    5         627.7403, and 627.7405, F.S., which comprise the
    6         Florida Motor Vehicle No-Fault Law; repealing s.
    7         627.7407, F.S., relating to application of the Florida
    8         Motor Vehicle No-Fault Law; amending s. 316.646, F.S.;
    9         revising a requirement for proof of security on a
   10         motor vehicle and the applicability of the
   11         requirement; amending s. 318.18, F.S.; conforming a
   12         provision to changes made by the act; making technical
   13         changes; amending s. 320.02, F.S.; revising the motor
   14         vehicle insurance coverages that an applicant must
   15         show to register certain vehicles with the Department
   16         of Highway Safety and Motor Vehicles; conforming a
   17         provision to changes made by the act; revising
   18         construction; amending s. 320.0609, F.S.; conforming a
   19         provision to changes made by the act; making technical
   20         changes; amending s. 320.27, F.S.; defining the term
   21         “garage liability insurance”; revising garage
   22         liability insurance requirements for motor vehicle
   23         dealer applicants; conforming a provision to changes
   24         made by the act; amending s. 320.771, F.S.; revising
   25         garage liability insurance requirements for
   26         recreational vehicle dealer license applicants;
   27         amending ss. 322.251 and 322.34, F.S.; conforming
   28         provisions to changes made by the act; making
   29         technical changes; amending s. 324.011, F.S.; revising
   30         legislative intent; amending s. 324.021, F.S.;
   31         revising definitions of the terms “motor vehicle” and
   32         “proof of financial responsibility”; revising minimum
   33         coverage requirements for proof of financial
   34         responsibility for specified motor vehicles; defining
   35         the term “for-hire passenger transportation vehicle”;
   36         conforming provisions to changes made by the act;
   37         amending s. 324.022, F.S.; revising minimum liability
   38         coverage requirements for motor vehicle owners or
   39         operators; revising authorized methods for meeting
   40         such requirements; deleting a provision relating to an
   41         insurer’s duty to defend certain claims; providing
   42         alternative minimum liability insurance coverage
   43         requirements for certain motor vehicle owners or
   44         operators; revising the vehicles that are excluded
   45         from the definition of the term “motor vehicle”;
   46         providing security requirements for certain excluded
   47         vehicles; specifying circumstances when motorcycles
   48         are subject to financial responsibility requirements;
   49         conforming provisions to changes made by the act;
   50         conforming cross-references; amending s. 324.0221,
   51         F.S.; revising coverages that subject a policy to
   52         certain insurer reporting and notice requirements;
   53         conforming provisions to changes made by the act;
   54         creating s. 324.0222, F.S.; providing that driver
   55         license or registration suspensions for failure to
   56         maintain required security which were in effect before
   57         a specified date remain in full force and effect;
   58         providing that such suspended licenses or
   59         registrations may be reinstated as provided in a
   60         specified section; amending s. 324.023, F.S.;
   61         conforming cross-references; making technical changes;
   62         amending s. 324.031, F.S.; specifying a method of
   63         proving financial responsibility; revising the amount
   64         of a certificate of deposit required to elect a
   65         certain method of proof of financial responsibility;
   66         revising excess liability coverage requirements for a
   67         person electing to use such method; amending s.
   68         324.032, F.S.; revising financial responsibility
   69         requirements for owners or lessees of for-hire
   70         passenger transportation vehicles; amending s.
   71         324.051, F.S.; specifying that motor vehicles include
   72         motorcycles for purposes of the section; making
   73         technical changes; amending ss. 324.071 and 324.091,
   74         F.S.; making technical changes; amending s. 324.151,
   75         F.S.; revising requirements for motor vehicle
   76         liability insurance policies relating to coverage, and
   77         exclusion from coverage, for certain drivers and
   78         vehicles; defining terms; conforming provisions to
   79         changes made by the act; making technical changes;
   80         amending s. 324.161, F.S.; revising requirements for a
   81         certificate of deposit that is required if a person
   82         elects a certain method of proving financial
   83         responsibility; amending s. 324.171, F.S.; revising
   84         the minimum net worth requirements to qualify certain
   85         persons as self-insurers; conforming provisions to
   86         changes made by the act; amending s. 324.251, F.S.;
   87         revising the short title and an effective date;
   88         amending s. 400.9905, F.S.; revising the definition of
   89         the term “clinic”; amending ss. 400.991 and 400.9935,
   90         F.S.; conforming provisions to changes made by the
   91         act; amending s. 409.901, F.S.; revising the
   92         definition of the term “third-party benefit”; amending
   93         s. 409.910, F.S.; revising the definition of the term
   94         “medical coverage”; amending s. 456.057, F.S.;
   95         conforming a provision to changes made by the act;
   96         amending s. 456.072, F.S.; revising specified grounds
   97         for discipline for certain health professions;
   98         defining the term “upcoded”; amending s. 559.920,
   99         F.S.; prohibiting certain practices by motor vehicle
  100         repair shops or motor vehicle glass repair facilities
  101         with respect to the replacement or repair of motor
  102         vehicle windshields; amending s. 624.155, F.S.;
  103         providing an exception to the circumstances under
  104         which a person who is damaged may bring a civil action
  105         against an insurer; adding a cause of action against
  106         insurers in certain circumstances; providing that a
  107         person is not entitled to judgments under multiple bad
  108         faith remedies; creating s. 624.156, F.S.; providing
  109         that the section applies to bad faith failure to
  110         settle actions against any insurer brought by a third
  111         party for a loss arising out of the ownership,
  112         maintenance, or use of a motor vehicle under specified
  113         circumstances; providing that insurers have a duty of
  114         good faith; defining the term “bad faith failure to
  115         settle”; specifying best practice standards for
  116         insurers upon receiving notice of a claim or a demand
  117         for settlement; specifying certain requirements for
  118         insurer communications to an insured in handling
  119         third-party claims; specifying requirements for the
  120         insurer when a loss involves multiple claimants under
  121         certain conditions; specifying conditions precedent
  122         for claimants filing third-party bad faith failure to
  123         settle actions; specifying requirements for
  124         information that must be included in a demand for
  125         settlement; requiring a demand for settlement to
  126         release the insured from liability under certain
  127         conditions; requiring the demand for settlement be
  128         served upon the insurer at the address designated with
  129         the Department of Financial Services; prohibiting
  130         claimants from placing conditions on acceptance of a
  131         demand for settlement other than electing the right to
  132         examine the insured under oath regarding certain
  133         information; authorizing claimants to examine insureds
  134         under oath under certain conditions; authorizing the
  135         claimant to request the insured bring relevant
  136         documents to the examination under oath; prohibiting
  137         the claimant from examining the insured under oath
  138         regarding liability; providing an exception; requiring
  139         the claimant, insurer, and insured to cooperate in
  140         scheduling the examination under oath; specifying the
  141         timeframe within which the examination must take
  142         place; authorizing the claimant to withdraw the demand
  143         for settlement if the insured refuses to submit to an
  144         examination under oath; authorizing an insurer to
  145         accept a demand for settlement if the insured refuses
  146         to submit to an examination under oath; absolving an
  147         insurer of a duty to defend and of liability under
  148         certain circumstances; specifying the timeframe within
  149         which a claimant may withdraw a demand for settlement;
  150         providing that insurers may not be held liable in
  151         certain third-party bad faith failure to settle
  152         actions if they tender policy limits within a certain
  153         timeframe; providing that insurers may not be held
  154         liable in third-party bad faith failure to settle
  155         actions involving multiple claimants if such insurers
  156         file an interpleader action within a certain
  157         timeframe; specifying that certain provisions
  158         providing that insurers may not be held liable for a
  159         bad faith failure to settle action do not affect
  160         certain other duties of such insurers; specifying that
  161         insurers that accept demands for settlement are
  162         entitled to releases of their insureds; providing an
  163         exception; requiring claimants to prove in any third
  164         party bad faith failure to settle action by a
  165         preponderance of the evidence that the insurer
  166         violated its duty of good faith and in bad faith
  167         failed to settle; specifying factors for the trier of
  168         fact to consider in determining whether an insurer
  169         violated its duty of good faith and in bad faith
  170         failed to settle; requiring the trier of fact to be
  171         informed of an excess judgment; prohibiting disclosure
  172         of certain judgment information to the trier of fact;
  173         limiting damages in third-party bad faith failure to
  174         settle actions; providing that judgment creditors must
  175         be subrogated to the rights of the insured under
  176         certain circumstances; prohibiting multiple bad faith
  177         remedies; amending s. 626.9541, F.S.; conforming a
  178         provision to changes made by the act; revising the
  179         type of insurance coverage applicable to a certain
  180         prohibited act; amending s. 626.989, F.S.; revising
  181         the definition of the term “fraudulent insurance act”;
  182         amending s. 627.06501, F.S.; revising coverages that
  183         may provide for a reduction in motor vehicle insurance
  184         policy premium charges under certain circumstances;
  185         amending s. 627.0651, F.S.; specifying requirements
  186         for initial rate filings for motor vehicle liability
  187         policies submitted to the Office of Insurance
  188         Regulation beginning on a specified date; amending s.
  189         627.0652, F.S.; revising coverages that must provide a
  190         premium charge reduction under certain circumstances;
  191         amending s. 627.0653, F.S.; revising coverages subject
  192         to premium discounts for specified motor vehicle
  193         equipment; amending s. 627.4132, F.S.; revising
  194         coverages that are subject to a stacking prohibition;
  195         amending s. 627.4137, F.S.; requiring that insurers
  196         disclose certain information at the request of a
  197         claimant’s attorney; authorizing a claimant to file an
  198         action under certain circumstances; providing for the
  199         award of reasonable attorney fees and costs under
  200         certain circumstances; amending s. 627.7263, F.S.;
  201         revising coverages that are deemed primary, except
  202         under certain circumstances, for the lessor of a motor
  203         vehicle for lease or rent; revising a notice that is
  204         required if the lessee’s coverage is to be primary;
  205         creating s. 627.7265, F.S.; specifying persons whom
  206         medical payments coverage must protect; requiring
  207         medical payments coverage to cover reasonable expenses
  208         for certain medical services provided by specified
  209         providers and facilities and to provide a death
  210         benefit; specifying the minimum medical expense and
  211         death benefit limits; specifying coverage options an
  212         insurer is required or authorized to offer; providing
  213         construction relating to limits on certain other
  214         coverages; requiring insurers, upon receiving certain
  215         notice of an accident, to hold a specified reserve for
  216         certain purposes for a certain timeframe; providing
  217         that the reserve requirement does not require insurers
  218         to establish a claim reserve for accounting purposes;
  219         specifying that an insurer providing medical payments
  220         coverage benefits may not seek a lien on a certain
  221         recovery and may not bring a certain cause of action;
  222         authorizing insurers to include policy provisions
  223         allowing for subrogation, under certain circumstances,
  224         for medical payments benefits paid; providing
  225         construction; specifying a requirement for an insured
  226         for repayment of medical payments benefits under
  227         certain circumstances; prohibiting insurers from
  228         including policy provisions allowing for subrogation
  229         for death benefits paid; amending s. 627.727, F.S.;
  230         revising the legal liability of an uninsured motorist
  231         coverage insurer; conforming provisions to changes
  232         made by the act; amending s. 627.7275, F.S.; revising
  233         required coverages for a motor vehicle insurance
  234         policy; specifying that insurers must make certain
  235         coverages available under certain circumstances;
  236         requiring insurers to make certain notices to certain
  237         persons; specifying that insurers need not verify the
  238         veracity of certain representations made by an
  239         applicant or insured; prohibiting insurers from
  240         denying or excluding certain coverages in certain
  241         circumstances; conforming provisions to changes made
  242         by the act; creating s. 627.7278, F.S.; defining the
  243         term “minimum security requirements”; providing
  244         requirements, applicability, and construction relating
  245         to motor vehicle insurance policies as of a certain
  246         date; requiring insurers to allow certain insureds to
  247         make certain coverage changes, subject to certain
  248         conditions; requiring an insurer to provide, by a
  249         specified date, a specified notice to policyholders
  250         relating to requirements under the act; amending s.
  251         627.728, F.S.; conforming a provision to changes made
  252         by the act; making technical changes; amending s.
  253         627.7288, F.S.; providing that insurers must offer
  254         policies providing certain coverages for windshield
  255         loss without a deductible; providing that insurers may
  256         offer certain deductibles for windshield loss for an
  257         appropriate premium discount or credit; amending s.
  258         627.7295, F.S.; revising the definitions of the terms
  259         “policy” and “binder”; revising the coverages of a
  260         motor vehicle insurance policy for which a licensed
  261         general lines agent may charge a specified fee;
  262         conforming provisions to changes made by the act;
  263         amending s. 627.7415, F.S.; revising additional
  264         liability insurance requirements for commercial motor
  265         vehicles; creating s. 627.747, F.S.; providing that
  266         private passenger motor vehicle policies may exclude
  267         certain identified individuals from specified
  268         coverages under certain circumstances; providing that
  269         such policies may not exclude coverage under certain
  270         circumstances; amending s. 627.748, F.S.; revising
  271         insurance requirements for transportation network
  272         company drivers; conforming provisions to changes made
  273         by the act; amending s. 627.749, F.S.; conforming a
  274         provision to changes made by the act; amending s.
  275         627.8405, F.S.; revising coverages in a policy sold in
  276         combination with an accidental death and dismemberment
  277         policy which a premium finance company may not
  278         finance; revising rulemaking authority of the
  279         Financial Services Commission; amending ss. 627.915,
  280         628.909, 705.184, and 713.78, F.S.; conforming
  281         provisions to changes made by the act; making
  282         technical changes; amending s. 817.234, F.S.; revising
  283         coverages that are the basis of specified prohibited
  284         false and fraudulent insurance claims; conforming
  285         provisions to changes made by the act; providing an
  286         appropriation; providing effective dates.
  287          
  288  Be It Enacted by the Legislature of the State of Florida:
  289  
  290         Section 1. Sections 627.730, 627.731, 627.7311, 627.732,
  291  627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,
  292  and 627.7405, Florida Statutes, are repealed.
  293         Section 2. Section 627.7407, Florida Statutes, is repealed.
  294         Section 3. Subsection (1) of section 316.646, Florida
  295  Statutes, is amended to read:
  296         316.646 Security required; proof of security and display
  297  thereof.—
  298         (1) Any person required by s. 324.022 to maintain liability
  299  security for property damage, liability security, required by s.
  300  324.023 to maintain liability security for bodily injury, or
  301  death, or required by s. 627.733 to maintain personal injury
  302  protection security on a motor vehicle shall have in his or her
  303  immediate possession at all times while operating such motor
  304  vehicle proper proof of maintenance of the required security
  305  required under s. 324.021(7).
  306         (a) Such proof must shall be in a uniform paper or
  307  electronic format, as prescribed by the department, a valid
  308  insurance policy, an insurance policy binder, a certificate of
  309  insurance, or such other proof as may be prescribed by the
  310  department.
  311         (b)1. The act of presenting to a law enforcement officer an
  312  electronic device displaying proof of insurance in an electronic
  313  format does not constitute consent for the officer to access any
  314  information on the device other than the displayed proof of
  315  insurance.
  316         2. The person who presents the device to the officer
  317  assumes the liability for any resulting damage to the device.
  318         Section 4. Paragraph (b) of subsection (2) of section
  319  318.18, Florida Statutes, is amended to read:
  320         318.18 Amount of penalties.—The penalties required for a
  321  noncriminal disposition pursuant to s. 318.14 or a criminal
  322  offense listed in s. 318.17 are as follows:
  323         (2) Thirty dollars for all nonmoving traffic violations
  324  and:
  325         (b) For all violations of ss. 320.0605, 320.07(1), 322.065,
  326  and 322.15(1). A Any person who is cited for a violation of s.
  327  320.07(1) shall be charged a delinquent fee pursuant to s.
  328  320.07(4).
  329         1. If a person who is cited for a violation of s. 320.0605
  330  or s. 320.07 can show proof of having a valid registration at
  331  the time of arrest, the clerk of the court may dismiss the case
  332  and may assess a dismissal fee of up to $10, from which the
  333  clerk shall remit $2.50 to the Department of Revenue for deposit
  334  into the General Revenue Fund. A person who finds it impossible
  335  or impractical to obtain a valid registration certificate must
  336  submit an affidavit detailing the reasons for the impossibility
  337  or impracticality. The reasons may include, but are not limited
  338  to, the fact that the vehicle was sold, stolen, or destroyed;
  339  that the state in which the vehicle is registered does not issue
  340  a certificate of registration; or that the vehicle is owned by
  341  another person.
  342         2. If a person who is cited for a violation of s. 322.03,
  343  s. 322.065, or s. 322.15 can show a driver license issued to him
  344  or her and valid at the time of arrest, the clerk of the court
  345  may dismiss the case and may assess a dismissal fee of up to
  346  $10, from which the clerk shall remit $2.50 to the Department of
  347  Revenue for deposit into the General Revenue Fund.
  348         3. If a person who is cited for a violation of s. 316.646
  349  can show proof of security as required by s. 324.021(7) s.
  350  627.733, issued to the person and valid at the time of arrest,
  351  the clerk of the court may dismiss the case and may assess a
  352  dismissal fee of up to $10, from which the clerk shall remit
  353  $2.50 to the Department of Revenue for deposit into the General
  354  Revenue Fund. A person who finds it impossible or impractical to
  355  obtain proof of security must submit an affidavit detailing the
  356  reasons for the impracticality. The reasons may include, but are
  357  not limited to, the fact that the vehicle has since been sold,
  358  stolen, or destroyed; that the owner or registrant of the
  359  vehicle is not required by s. 627.733 to maintain personal
  360  injury protection insurance; or that the vehicle is owned by
  361  another person.
  362         Section 5. Paragraphs (a) and (d) of subsection (5) of
  363  section 320.02, Florida Statutes, are amended to read:
  364         320.02 Registration required; application for registration;
  365  forms.—
  366         (5)(a) Proof that bodily injury liability coverage and
  367  property damage liability coverage personal injury protection
  368  benefits have been purchased if required under s. 324.022, s.
  369  324.032, or s. 627.742 s. 627.733, that property damage
  370  liability coverage has been purchased as required under s.
  371  324.022, that bodily injury liability or death coverage has been
  372  purchased if required under s. 324.023, and that combined bodily
  373  liability insurance and property damage liability insurance have
  374  been purchased if required under s. 627.7415 must shall be
  375  provided in the manner prescribed by law by the applicant at the
  376  time of application for registration of any motor vehicle that
  377  is subject to such requirements. The issuing agent may not shall
  378  refuse to issue registration if such proof of purchase is not
  379  provided. Insurers shall furnish uniform proof-of-purchase cards
  380  in a paper or electronic format in a form prescribed by the
  381  department and include the name of the insured’s insurance
  382  company, the coverage identification number, and the make, year,
  383  and vehicle identification number of the vehicle insured. The
  384  card must contain a statement notifying the applicant of the
  385  penalty specified under s. 316.646(4). The card or insurance
  386  policy, insurance policy binder, or certificate of insurance or
  387  a photocopy of any of these; an affidavit containing the name of
  388  the insured’s insurance company, the insured’s policy number,
  389  and the make and year of the vehicle insured; or such other
  390  proof as may be prescribed by the department constitutes shall
  391  constitute sufficient proof of purchase. If an affidavit is
  392  provided as proof, it must be in substantially the following
  393  form:
  394  
  395  Under penalty of perjury, I ...(Name of insured)... do hereby
  396  certify that I have ...(bodily injury liability and Personal
  397  Injury Protection, property damage liability, and, if required,
  398  Bodily Injury Liability)... insurance currently in effect with
  399  ...(Name of insurance company)... under ...(policy number)...
  400  covering ...(make, year, and vehicle identification number of
  401  vehicle).... ...(Signature of Insured)...
  402  
  403  Such affidavit must include the following warning:
  404  
  405  WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
  406  REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
  407  LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
  408  SUBJECT TO PROSECUTION.
  409  
  410  If an application is made through a licensed motor vehicle
  411  dealer as required under s. 319.23, the original or a photocopy
  412  photostatic copy of such card, insurance policy, insurance
  413  policy binder, or certificate of insurance or the original
  414  affidavit from the insured must shall be forwarded by the dealer
  415  to the tax collector of the county or the Department of Highway
  416  Safety and Motor Vehicles for processing. By executing the
  417  aforesaid affidavit, a no licensed motor vehicle dealer is not
  418  will be liable in damages for any inadequacy, insufficiency, or
  419  falsification of any statement contained therein. A card must
  420  also indicate the existence of any bodily injury liability
  421  insurance voluntarily purchased.
  422         (d) The verifying of proof of personal injury protection
  423  insurance, proof of property damage liability insurance, proof
  424  of combined bodily liability insurance and property damage
  425  liability insurance, or proof of financial responsibility
  426  insurance and the issuance or failure to issue the motor vehicle
  427  registration under the provisions of this chapter may not be
  428  construed in any court as a warranty of the reliability or
  429  accuracy of the evidence of such proof or as meaning that the
  430  provisions of any insurance policy furnished as proof of
  431  financial responsibility comply with state law. Neither the
  432  department nor any tax collector is liable in damages for any
  433  inadequacy, insufficiency, falsification, or unauthorized
  434  modification of any item of the proof of personal injury
  435  protection insurance, proof of property damage liability
  436  insurance, proof of combined bodily liability insurance and
  437  property damage liability insurance, or proof of financial
  438  responsibility before insurance prior to, during, or subsequent
  439  to the verification of the proof. The issuance of a motor
  440  vehicle registration does not constitute prima facie evidence or
  441  a presumption of insurance coverage.
  442         Section 6. Paragraph (b) of subsection (1) of section
  443  320.0609, Florida Statutes, is amended to read:
  444         320.0609 Transfer and exchange of registration license
  445  plates; transfer fee.—
  446         (1)
  447         (b) The transfer of a license plate from a vehicle disposed
  448  of to a newly acquired vehicle does not constitute a new
  449  registration. The application for transfer must shall be
  450  accepted without requiring proof of personal injury protection
  451  or liability insurance.
  452         Section 7. Subsection (3) of section 320.27, Florida
  453  Statutes, is amended, and paragraph (g) is added to subsection
  454  (1) of that section, to read:
  455         320.27 Motor vehicle dealers.—
  456         (1) DEFINITIONS.—The following words, terms, and phrases
  457  when used in this section have the meanings respectively
  458  ascribed to them in this subsection, except where the context
  459  clearly indicates a different meaning:
  460         (g)“Garage liability insurance” means, beginning January
  461  1, 2022, combined single-limit liability coverage, including
  462  property damage and bodily injury liability coverage, in the
  463  amount of at least $60,000.
  464         (3) APPLICATION AND FEE.—The application for the license
  465  application must shall be in such form as may be prescribed by
  466  the department and is shall be subject to such rules with
  467  respect thereto as may be so prescribed by the department it.
  468  Such application must shall be verified by oath or affirmation
  469  and must shall contain a full statement of the name and birth
  470  date of the person or persons applying for the license therefor;
  471  the name of the firm or copartnership, with the names and places
  472  of residence of all members thereof, if such applicant is a firm
  473  or copartnership; the names and places of residence of the
  474  principal officers, if the applicant is a body corporate or
  475  other artificial body; the name of the state under whose laws
  476  the corporation is organized; the present and former place or
  477  places of residence of the applicant; and the prior business in
  478  which the applicant has been engaged and its the location
  479  thereof. The Such application must shall describe the exact
  480  location of the place of business and must shall state whether
  481  the place of business is owned by the applicant and when
  482  acquired, or, if leased, a true copy of the lease must shall be
  483  attached to the application. The applicant shall certify that
  484  the location provides an adequately equipped office and is not a
  485  residence; that the location affords sufficient unoccupied space
  486  upon and within which adequately to store all motor vehicles
  487  offered and displayed for sale; and that the location is a
  488  suitable place where the applicant can in good faith carry on
  489  such business and keep and maintain books, records, and files
  490  necessary to conduct such business, which must shall be
  491  available at all reasonable hours to inspection by the
  492  department or any of its inspectors or other employees. The
  493  applicant shall certify that the business of a motor vehicle
  494  dealer is the principal business that will which shall be
  495  conducted at that location. The application must shall contain a
  496  statement that the applicant is either franchised by a
  497  manufacturer of motor vehicles, in which case the name of each
  498  motor vehicle that the applicant is franchised to sell must
  499  shall be included, or an independent (nonfranchised) motor
  500  vehicle dealer. The application must shall contain other
  501  relevant information as may be required by the department. The
  502  applicant shall furnish, including evidence, in a form approved
  503  by the department, that the applicant is insured under a garage
  504  liability insurance policy or a general liability insurance
  505  policy coupled with a business automobile policy having the
  506  coverages and limits of the garage liability insurance coverage
  507  in accordance with paragraph (1)(g), which shall include, at a
  508  minimum, $25,000 combined single-limit liability coverage
  509  including bodily injury and property damage protection and
  510  $10,000 personal injury protection. However, a salvage motor
  511  vehicle dealer as defined in subparagraph (1)(c)5. is exempt
  512  from the requirements for garage liability insurance and
  513  personal injury protection insurance on those vehicles that
  514  cannot be legally operated on roads, highways, or streets in
  515  this state. Franchise dealers must submit a garage liability
  516  insurance policy, and all other dealers must submit a garage
  517  liability insurance policy or a general liability insurance
  518  policy coupled with a business automobile policy. Such policy
  519  must shall be for the license period, and evidence of a new or
  520  continued policy must shall be delivered to the department at
  521  the beginning of each license period. Upon making an initial
  522  application, the applicant shall pay to the department a fee of
  523  $300 in addition to any other fees required by law. Applicants
  524  may choose to extend the licensure period for 1 additional year
  525  for a total of 2 years. An initial applicant shall pay to the
  526  department a fee of $300 for the first year and $75 for the
  527  second year, in addition to any other fees required by law. An
  528  applicant for renewal shall pay to the department $75 for a 1
  529  year renewal or $150 for a 2-year renewal, in addition to any
  530  other fees required by law. Upon making an application for a
  531  change of location, the applicant person shall pay a fee of $50
  532  in addition to any other fees now required by law. The
  533  department shall, in the case of every application for initial
  534  licensure, verify whether certain facts set forth in the
  535  application are true. Each applicant, general partner in the
  536  case of a partnership, or corporate officer and director in the
  537  case of a corporate applicant shall, must file a set of
  538  fingerprints with the department for the purpose of determining
  539  any prior criminal record or any outstanding warrants. The
  540  department shall submit the fingerprints to the Department of
  541  Law Enforcement for state processing and forwarding to the
  542  Federal Bureau of Investigation for federal processing. The
  543  actual cost of state and federal processing must shall be borne
  544  by the applicant and is in addition to the fee for licensure.
  545  The department may issue a license to an applicant pending the
  546  results of the fingerprint investigation, which license is fully
  547  revocable if the department subsequently determines that any
  548  facts set forth in the application are not true or correctly
  549  represented.
  550         Section 8. Paragraph (j) of subsection (3) of section
  551  320.771, Florida Statutes, is amended to read:
  552         320.771 License required of recreational vehicle dealers.—
  553         (3) APPLICATION.—The application for such license shall be
  554  in the form prescribed by the department and subject to such
  555  rules as may be prescribed by it. The application shall be
  556  verified by oath or affirmation and shall contain:
  557         (j) A statement that the applicant is insured under a
  558  garage liability insurance policy in accordance with s.
  559  320.27(1)(g), which shall include, at a minimum, $25,000
  560  combined single-limit liability coverage, including bodily
  561  injury and property damage protection, and $10,000 personal
  562  injury protection, if the applicant is to be licensed as a
  563  dealer in, or intends to sell, recreational vehicles. However, a
  564  garage liability policy is not required for the licensure of a
  565  mobile home dealer who sells only park trailers.
  566  
  567  The department shall, if it deems necessary, cause an
  568  investigation to be made to ascertain if the facts set forth in
  569  the application are true and may shall not issue a license to
  570  the applicant until it is satisfied that the facts set forth in
  571  the application are true.
  572         Section 9. Subsections (1) and (2) of section 322.251,
  573  Florida Statutes, are amended to read:
  574         322.251 Notice of cancellation, suspension, revocation, or
  575  disqualification of license.—
  576         (1) All orders of cancellation, suspension, revocation, or
  577  disqualification issued under the provisions of this chapter,
  578  chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall
  579  be given either by personal delivery thereof to the licensee
  580  whose license is being canceled, suspended, revoked, or
  581  disqualified or by deposit in the United States mail in an
  582  envelope, first class, postage prepaid, addressed to the
  583  licensee at his or her last known mailing address furnished to
  584  the department. Such mailing by the department constitutes
  585  notification, and any failure by the person to receive the
  586  mailed order will not affect or stay the effective date or term
  587  of the cancellation, suspension, revocation, or disqualification
  588  of the licensee’s driving privilege.
  589         (2) The giving of notice and an order of cancellation,
  590  suspension, revocation, or disqualification by mail is complete
  591  upon expiration of 20 days after deposit in the United States
  592  mail for all notices except those issued under chapter 324 or
  593  ss. 627.732–627.734, which are complete 15 days after deposit in
  594  the United States mail. Proof of the giving of notice and an
  595  order of cancellation, suspension, revocation, or
  596  disqualification in either manner must shall be made by entry in
  597  the records of the department that such notice was given. The
  598  entry is admissible in the courts of this state and constitutes
  599  sufficient proof that such notice was given.
  600         Section 10. Paragraph (a) of subsection (8) of section
  601  322.34, Florida Statutes, is amended to read:
  602         322.34 Driving while license suspended, revoked, canceled,
  603  or disqualified.—
  604         (8)(a) Upon the arrest of a person for the offense of
  605  driving while the person’s driver license or driving privilege
  606  is suspended or revoked, the arresting officer shall determine:
  607         1. Whether the person’s driver license is suspended or
  608  revoked, or the person is under suspension or revocation
  609  equivalent status.
  610         2. Whether the person’s driver license has remained
  611  suspended or revoked, or the person has been under suspension or
  612  revocation equivalent status, since a conviction for the offense
  613  of driving with a suspended or revoked license.
  614         3. Whether the suspension, revocation, or suspension or
  615  revocation equivalent status was made under s. 316.646 or s.
  616  627.733, relating to failure to maintain required security, or
  617  under s. 322.264, relating to habitual traffic offenders.
  618         4. Whether the driver is the registered owner or co-owner
  619  of the vehicle.
  620         Section 11. Section 324.011, Florida Statutes, is amended
  621  to read:
  622         324.011 Legislative intent; purpose of chapter.—It is the
  623  intent of the Legislature that this chapter ensure that the
  624  privilege of owning or operating a motor vehicle in this state
  625  be exercised to recognize the existing privilege to own or
  626  operate a motor vehicle on the public streets and highways of
  627  this state when such vehicles are used with due consideration
  628  for others’ safety others and their property, promoting and to
  629  promote safety, and providing provide financial security
  630  requirements for such owners and or operators whose
  631  responsibility it is to recompense others for injury to person
  632  or property caused by the operation of a motor vehicle.
  633  Therefore, the purpose of this chapter is to require that every
  634  owner or operator of a motor vehicle required to be registered
  635  in this state establish, maintain, and it is required herein
  636  that the operator of a motor vehicle involved in a crash or
  637  convicted of certain traffic offenses meeting the operative
  638  provisions of s. 324.051(2) shall respond for such damages and
  639  show proof of financial ability to respond for damages arising
  640  out of the ownership, maintenance, or use of a motor vehicle in
  641  future accidents as a requisite to owning or operating a motor
  642  vehicle in this state his or her future exercise of such
  643  privileges.
  644         Section 12. Subsections (1) and (7) and paragraph (c) of
  645  subsection (9) of section 324.021, Florida Statutes, are
  646  amended, and subsection (12) is added to that section, to read:
  647         324.021 Definitions; minimum insurance required.—The
  648  following words and phrases when used in this chapter shall, for
  649  the purpose of this chapter, have the meanings respectively
  650  ascribed to them in this section, except in those instances
  651  where the context clearly indicates a different meaning:
  652         (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
  653  designed and required to be licensed for use upon a highway,
  654  including trailers and semitrailers designed for use with such
  655  vehicles, except traction engines, road rollers, farm tractors,
  656  power shovels, and well drillers, and every vehicle that is
  657  propelled by electric power obtained from overhead wires but not
  658  operated upon rails, but not including any personal delivery
  659  device or mobile carrier as defined in s. 316.003, bicycle,
  660  electric bicycle, or moped. However, the term “motor vehicle”
  661  does not include a motor vehicle as defined in s. 627.732(3)
  662  when the owner of such vehicle has complied with the
  663  requirements of ss. 627.730-627.7405, inclusive, unless the
  664  provisions of s. 324.051 apply; and, in such case, the
  665  applicable proof of insurance provisions of s. 320.02 apply.
  666         (7) PROOF OF FINANCIAL RESPONSIBILITY.—Beginning January 1,
  667  2022, That proof of ability to respond in damages for liability
  668  on account of crashes arising out of the ownership, maintenance,
  669  or use of a motor vehicle:
  670         (a) With respect to a motor vehicle other than a commercial
  671  motor vehicle, nonpublic sector bus, or for-hire passenger
  672  transportation vehicle, in the amounts specified in s.
  673  324.022(1). amount of $10,000 because of bodily injury to, or
  674  death of, one person in any one crash;
  675         (b) Subject to such limits for one person, in the amount of
  676  $20,000 because of bodily injury to, or death of, two or more
  677  persons in any one crash;
  678         (c)In the amount of $10,000 because of injury to, or
  679  destruction of, property of others in any one crash; and
  680         (b)(d) With respect to commercial motor vehicles and
  681  nonpublic sector buses, in the amounts specified in s. 627.7415
  682  ss. 627.7415 and 627.742, respectively.
  683         (c) With respect to nonpublic sector buses, in the amounts
  684  specified in s. 627.742.
  685         (d) With respect to for-hire passenger transportation
  686  vehicles, in the amounts specified in s. 324.032.
  687         (9) OWNER; OWNER/LESSOR.—
  688         (c) Application.—
  689         1. The limits on liability in subparagraphs (b)2. and 3. do
  690  not apply to an owner of motor vehicles that are used for
  691  commercial activity in the owner’s ordinary course of business,
  692  other than a rental company that rents or leases motor vehicles.
  693  For purposes of this paragraph, the term “rental company”
  694  includes only an entity that is engaged in the business of
  695  renting or leasing motor vehicles to the general public and that
  696  rents or leases a majority of its motor vehicles to persons with
  697  no direct or indirect affiliation with the rental company. The
  698  term “rental company” also includes:
  699         a. A related rental or leasing company that is a subsidiary
  700  of the same parent company as that of the renting or leasing
  701  company that rented or leased the vehicle.
  702         b. The holder of a motor vehicle title or an equity
  703  interest in a motor vehicle title if the title or equity
  704  interest is held pursuant to or to facilitate an asset-backed
  705  securitization of a fleet of motor vehicles used solely in the
  706  business of renting or leasing motor vehicles to the general
  707  public and under the dominion and control of a rental company,
  708  as described in this subparagraph, in the operation of such
  709  rental company’s business.
  710         2. Furthermore, with respect to commercial motor vehicles
  711  as defined in s. 207.002 or s. 320.01 s. 627.732, the limits on
  712  liability in subparagraphs (b)2. and 3. do not apply if, at the
  713  time of the incident, the commercial motor vehicle is being used
  714  in the transportation of materials found to be hazardous for the
  715  purposes of the Hazardous Materials Transportation Authorization
  716  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is
  717  required pursuant to such act to carry placards warning others
  718  of the hazardous cargo, unless at the time of lease or rental
  719  either:
  720         a. The lessee indicates in writing that the vehicle will
  721  not be used to transport materials found to be hazardous for the
  722  purposes of the Hazardous Materials Transportation Authorization
  723  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
  724         b. The lessee or other operator of the commercial motor
  725  vehicle has in effect insurance with limits of at least $5
  726  million $5,000,000 combined property damage and bodily injury
  727  liability.
  728         3.a. A motor vehicle dealer, or a motor vehicle dealer’s
  729  leasing or rental affiliate, that provides a temporary
  730  replacement vehicle at no charge or at a reasonable daily charge
  731  to a service customer whose vehicle is being held for repair,
  732  service, or adjustment by the motor vehicle dealer is immune
  733  from any cause of action and is not liable, vicariously or
  734  directly, under general law solely by reason of being the owner
  735  of the temporary replacement vehicle for harm to persons or
  736  property that arises out of the use, or operation, of the
  737  temporary replacement vehicle by any person during the period
  738  the temporary replacement vehicle has been entrusted to the
  739  motor vehicle dealer’s service customer if there is no
  740  negligence or criminal wrongdoing on the part of the motor
  741  vehicle owner, or its leasing or rental affiliate.
  742         b. For purposes of this section, and notwithstanding any
  743  other provision of general law, a motor vehicle dealer, or a
  744  motor vehicle dealer’s leasing or rental affiliate, that gives
  745  possession, control, or use of a temporary replacement vehicle
  746  to a motor vehicle dealer’s service customer may not be adjudged
  747  liable in a civil proceeding absent negligence or criminal
  748  wrongdoing on the part of the motor vehicle dealer, or the motor
  749  vehicle dealer’s leasing or rental affiliate, if the motor
  750  vehicle dealer or the motor vehicle dealer’s leasing or rental
  751  affiliate executes a written rental or use agreement and obtains
  752  from the person receiving the temporary replacement vehicle a
  753  copy of the person’s driver license and insurance information
  754  reflecting at least the minimum motor vehicle insurance coverage
  755  required in the state. Any subsequent determination that the
  756  driver license or insurance information provided to the motor
  757  vehicle dealer, or the motor vehicle dealer’s leasing or rental
  758  affiliate, was in any way false, fraudulent, misleading,
  759  nonexistent, canceled, not in effect, or invalid does not alter
  760  or diminish the protections provided by this section, unless the
  761  motor vehicle dealer, or the motor vehicle dealer’s leasing or
  762  rental affiliate, had actual knowledge thereof at the time
  763  possession of the temporary replacement vehicle was provided.
  764         c. For purposes of this subparagraph, the term “service
  765  customer” does not include an agent or a principal of a motor
  766  vehicle dealer or a motor vehicle dealer’s leasing or rental
  767  affiliate, and does not include an employee of a motor vehicle
  768  dealer or a motor vehicle dealer’s leasing or rental affiliate
  769  unless the employee was provided a temporary replacement
  770  vehicle:
  771         (I) While the employee’s personal vehicle was being held
  772  for repair, service, or adjustment by the motor vehicle dealer;
  773         (II) In the same manner as other customers who are provided
  774  a temporary replacement vehicle while the customer’s vehicle is
  775  being held for repair, service, or adjustment; and
  776         (III) The employee was not acting within the course and
  777  scope of their employment.
  778         (12) FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.—Every for
  779  hire vehicle as defined in s. 320.01(15) which is offered or
  780  used to provide transportation for persons, including taxicabs,
  781  limousines, and jitneys.
  782         Section 13. Section 324.022, Florida Statutes, is amended
  783  to read:
  784         324.022 Financial responsibility requirements for property
  785  damage.—
  786         (1)(a)Beginning January 1, 2022, every owner or operator
  787  of a motor vehicle required to be registered in this state shall
  788  establish and continuously maintain the ability to respond in
  789  damages for liability on account of accidents arising out of the
  790  use of the motor vehicle in the amount of:
  791         1.Twenty-five thousand dollars for bodily injury to, or
  792  the death of, one person in any one crash and, subject to such
  793  limits for one person, in the amount of $50,000 for bodily
  794  injury to, or the death of, two or more persons in any one
  795  crash; and
  796         2. Ten thousand dollars for $10,000 because of damage to,
  797  or destruction of, property of others in any one crash.
  798         (b) The requirements of paragraph (a) this section may be
  799  met by one of the methods established in s. 324.031; by self
  800  insuring as authorized by s. 768.28(16); or by maintaining a
  801  motor vehicle liability insurance policy that an insurance
  802  policy providing coverage for property damage liability in the
  803  amount of at least $10,000 because of damage to, or destruction
  804  of, property of others in any one accident arising out of the
  805  use of the motor vehicle. The requirements of this section may
  806  also be met by having a policy which provides combined property
  807  damage liability and bodily injury liability coverage for any
  808  one crash arising out of the ownership, maintenance, or use of a
  809  motor vehicle and that conforms to the requirements of s.
  810  324.151 in the amount of at least $60,000 for every owner or
  811  operator subject to the financial responsibility required in
  812  paragraph (a) $30,000 for combined property damage liability and
  813  bodily injury liability for any one crash arising out of the use
  814  of the motor vehicle. The policy, with respect to coverage for
  815  property damage liability, must meet the applicable requirements
  816  of s. 324.151, subject to the usual policy exclusions that have
  817  been approved in policy forms by the Office of Insurance
  818  Regulation. No insurer shall have any duty to defend uncovered
  819  claims irrespective of their joinder with covered claims.
  820         (c)Notwithstanding paragraph (a), the following owners or
  821  operators may instead establish and continuously maintain the
  822  ability to respond in damages for liability on account of
  823  accidents arising out of the use of the motor vehicle in the
  824  amount of $15,000 for bodily injury to, or the death of, one
  825  person in any one crash and, subject to such limits for one
  826  person, in the amount of $30,000 for bodily injury to, or the
  827  death of, two or more persons in any one crash; and $10,000 for
  828  damage to, or destruction of, property of others in any one
  829  crash:
  830         1.An owner or operator who has a household income that is
  831  200 percent or less of the most current federal poverty
  832  guidelines established by the United States Department of Health
  833  and Human Services; or
  834         2.An owner or operator who meets the definition of a full
  835  time student in a secondary education program under s.
  836  1011.61(1)(a) or meets the definition of a full-time student in
  837  a postsecondary education program under s. 1009.40.
  838         (2) As used in this section, the term:
  839         (a) “Motor vehicle” means any self-propelled vehicle that
  840  has four or more wheels and that is of a type designed and
  841  required to be licensed for use on the highways of this state,
  842  and any trailer or semitrailer designed for use with such
  843  vehicle. The term does not include the following:
  844         1. A mobile home as defined in s. 320.01.
  845         2. A motor vehicle that is used in mass transit and
  846  designed to transport more than five passengers, exclusive of
  847  the operator of the motor vehicle, and that is owned by a
  848  municipality, transit authority, or political subdivision of the
  849  state.
  850         3. A school bus as defined in s. 1006.25, which must
  851  maintain security as required under s. 316.615.
  852         4. A commercial motor vehicle as defined in s. 207.002 or
  853  s. 320.01, which must maintain security as required under ss.
  854  324.031 and 627.7415.
  855         5. A nonpublic sector bus, which must maintain security as
  856  required under ss. 324.031 and 627.742.
  857         6.4. A vehicle providing for-hire passenger transportation
  858  vehicle, which must that is subject to the provisions of s.
  859  324.031. A taxicab shall maintain security as required under s.
  860  324.032 s. 324.032(1).
  861         7.5. A personal delivery device as defined in s. 316.003.
  862         8.A motorcycle as defined in s. 320.01(26), unless s.
  863  324.051 applies; in such case, paragraph (1)(a) and the
  864  applicable proof of insurance provisions of s. 320.02 apply.
  865         (b) “Owner” means the person who holds legal title to a
  866  motor vehicle or the debtor or lessee who has the right to
  867  possession of a motor vehicle that is the subject of a security
  868  agreement or lease with an option to purchase.
  869         (3) Each nonresident owner or registrant of a motor vehicle
  870  that, whether operated or not, has been physically present
  871  within this state for more than 90 days during the preceding 365
  872  days shall maintain security as required by subsection (1). The
  873  security must be that is in effect continuously throughout the
  874  period the motor vehicle remains within this state.
  875         (4) An The owner or registrant of a motor vehicle who is
  876  exempt from the requirements of this section if she or he is a
  877  member of the United States Armed Forces and is called to or on
  878  active duty outside the United States in an emergency situation
  879  is exempt from this section while he or she. The exemption
  880  provided by this subsection applies only as long as the member
  881  of the Armed Forces is on such active duty. This exemption
  882  outside the United States and applies only while the vehicle
  883  covered by the security is not operated by any person. Upon
  884  receipt of a written request by the insured to whom the
  885  exemption provided in this subsection applies, the insurer shall
  886  cancel the coverages and return any unearned premium or suspend
  887  the security required by this section. Notwithstanding s.
  888  324.0221(2) s. 324.0221(3), the department may not suspend the
  889  registration or operator’s license of an any owner or registrant
  890  of a motor vehicle during the time she or he qualifies for the
  891  an exemption under this subsection. An Any owner or registrant
  892  of a motor vehicle who qualifies for the an exemption under this
  893  subsection shall immediately notify the department before prior
  894  to and at the end of the expiration of the exemption.
  895         Section 14. Subsections (1) and (2) of section 324.0221,
  896  Florida Statutes, are amended to read:
  897         324.0221 Reports by insurers to the department; suspension
  898  of driver license and vehicle registrations; reinstatement.—
  899         (1)(a) Each insurer that has issued a policy providing
  900  personal injury protection coverage or property damage liability
  901  coverage shall report the cancellation or nonrenewal thereof to
  902  the department within 10 days after the processing date or
  903  effective date of each cancellation or nonrenewal. Upon the
  904  issuance of a policy providing personal injury protection
  905  coverage or property damage liability coverage to a named
  906  insured not previously insured by the insurer during that
  907  calendar year, the insurer shall report the issuance of the new
  908  policy to the department within 10 days. The report must shall
  909  be in the form and format and contain any information required
  910  by the department and must be provided in a format that is
  911  compatible with the data processing capabilities of the
  912  department. Failure by an insurer to file proper reports with
  913  the department as required by this subsection constitutes a
  914  violation of the Florida Insurance Code. These records may shall
  915  be used by the department only for enforcement and regulatory
  916  purposes, including the generation by the department of data
  917  regarding compliance by owners of motor vehicles with the
  918  requirements for financial responsibility coverage.
  919         (b) With respect to an insurance policy providing personal
  920  injury protection coverage or property damage liability
  921  coverage, each insurer shall notify the named insured, or the
  922  first-named insured in the case of a commercial fleet policy, in
  923  writing that any cancellation or nonrenewal of the policy will
  924  be reported by the insurer to the department. The notice must
  925  also inform the named insured that failure to maintain bodily
  926  injury liability personal injury protection coverage and
  927  property damage liability coverage on a motor vehicle when
  928  required by law may result in the loss of registration and
  929  driving privileges in this state and inform the named insured of
  930  the amount of the reinstatement fees required by this section.
  931  This notice is for informational purposes only, and an insurer
  932  is not civilly liable for failing to provide this notice.
  933         (2) The department shall suspend, after due notice and an
  934  opportunity to be heard, the registration and driver license of
  935  any owner or registrant of a motor vehicle for with respect to
  936  which security is required under s. 324.022, s. 324.032, s.
  937  627.7415, or s. 627.742 ss. 324.022 and 627.733 upon:
  938         (a) The department’s records showing that the owner or
  939  registrant of such motor vehicle did not have the in full force
  940  and effect when required security in full force and effect that
  941  complies with the requirements of ss. 324.022 and 627.733; or
  942         (b) Notification by the insurer to the department, in a
  943  form approved by the department, of cancellation or termination
  944  of the required security.
  945         Section 15. Section 324.0222, Florida Statutes, is created
  946  to read:
  947         324.0222Application of suspensions for failure to maintain
  948  security; reinstatement.—All suspensions for failure to maintain
  949  required security as required by law in effect before January 1,
  950  2022, remain in full force and effect after January 1, 2022. A
  951  driver may reinstate a suspended driver license or registration
  952  as provided under s. 324.0221.
  953         Section 16. Section 324.023, Florida Statutes, is amended
  954  to read:
  955         324.023 Financial responsibility for bodily injury or
  956  death.—In addition to any other financial responsibility
  957  required by law, every owner or operator of a motor vehicle that
  958  is required to be registered in this state, or that is located
  959  within this state, and who, regardless of adjudication of guilt,
  960  has been found guilty of or entered a plea of guilty or nolo
  961  contendere to a charge of driving under the influence under s.
  962  316.193 after October 1, 2007, shall, by one of the methods
  963  established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2),
  964  establish and maintain the ability to respond in damages for
  965  liability on account of accidents arising out of the use of a
  966  motor vehicle in the amount of $100,000 because of bodily injury
  967  to, or death of, one person in any one crash and, subject to
  968  such limits for one person, in the amount of $300,000 because of
  969  bodily injury to, or death of, two or more persons in any one
  970  crash and in the amount of $50,000 because of property damage in
  971  any one crash. If the owner or operator chooses to establish and
  972  maintain such ability by furnishing a certificate of deposit
  973  pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of
  974  deposit must be at least $350,000. Such higher limits must be
  975  carried for a minimum period of 3 years. If the owner or
  976  operator has not been convicted of driving under the influence
  977  or a felony traffic offense for a period of 3 years from the
  978  date of reinstatement of driving privileges for a violation of
  979  s. 316.193, the owner or operator is shall be exempt from this
  980  section.
  981         Section 17. Section 324.031, Florida Statutes, is amended
  982  to read:
  983         324.031 Manner of proving financial responsibility.—
  984         (1)The owner or operator of a taxicab, limousine, jitney,
  985  or any other for-hire passenger transportation vehicle may prove
  986  financial responsibility by providing satisfactory evidence of
  987  holding a motor vehicle liability policy as defined in s.
  988  324.021(8) or s. 324.151, which policy is issued by an insurance
  989  carrier which is a member of the Florida Insurance Guaranty
  990  Association. The operator or owner of a motor vehicle other than
  991  a for-hire passenger transportation vehicle any other vehicle
  992  may prove his or her financial responsibility by:
  993         (a)(1) Furnishing satisfactory evidence of holding a motor
  994  vehicle liability policy as defined in ss. 324.021(8) and
  995  324.151 which provides liability coverage for the motor vehicle
  996  being operated;
  997         (b)(2) Furnishing a certificate of self-insurance showing a
  998  deposit of cash in accordance with s. 324.161; or
  999         (c)(3) Furnishing a certificate of self-insurance issued by
 1000  the department in accordance with s. 324.171.
 1001         (2)Beginning January 1, 2022, any person, including any
 1002  firm, partnership, association, corporation, or other person,
 1003  other than a natural person, electing to use the method of proof
 1004  specified in paragraph (1)(b) subsection (2) shall do both of
 1005  the following:
 1006         (a) Furnish a certificate of deposit equal to the number of
 1007  vehicles owned times $60,000 $30,000, up to a maximum of
 1008  $240,000. $120,000;
 1009         (b)In addition, any such person, other than a natural
 1010  person, shall Maintain insurance providing coverage that meets
 1011  the requirements of s. 324.151 and has limits of:
 1012         1.At least $125,000 for bodily injury to, or the death of,
 1013  one person in any one crash and, subject to such limits for one
 1014  person, in the amount of $250,000 for bodily injury to, or the
 1015  death of, two or more persons in any one crash; and $50,000 for
 1016  damage to, or destruction of, property of others in any one
 1017  crash; or
 1018         2.At least $300,000 for combined bodily injury liability
 1019  and property damage liability for any one crash in excess of
 1020  limits of $10,000/20,000/10,000 or $30,000 combined single
 1021  limits, and such excess insurance shall provide minimum limits
 1022  of $125,000/250,000/50,000 or $300,000 combined single limits.
 1023  These increased limits shall not affect the requirements for
 1024  proving financial responsibility under s. 324.032(1).
 1025         Section 18. Section 324.032, Florida Statutes, is amended
 1026  to read:
 1027         324.032 Manner of proving Financial responsibility for;
 1028  for-hire passenger transportation vehicles.—Notwithstanding the
 1029  provisions of s. 324.031:
 1030         (1) An owner or a lessee of a for-hire passenger
 1031  transportation vehicle that is required to be registered in this
 1032  state shall establish and continuously maintain the ability to
 1033  respond in damages for liability on account of accidents arising
 1034  out of the ownership, maintenance, or use of the for-hire
 1035  passenger transportation vehicle, in the amount of:
 1036         (a) One hundred twenty-five thousand dollars for bodily
 1037  injury to, or the death of, one person in any one crash and,
 1038  subject to such limits for one person, in the amount of $250,000
 1039  for bodily injury to, or the death of, two or more persons in
 1040  any one crash; and A person who is either the owner or a lessee
 1041  required to maintain insurance under s. 627.733(1)(b) and who
 1042  operates one or more taxicabs, limousines, jitneys, or any other
 1043  for-hire passenger transportation vehicles may prove financial
 1044  responsibility by furnishing satisfactory evidence of holding a
 1045  motor vehicle liability policy, but with minimum limits of
 1046  $125,000/250,000/50,000.
 1047         (b) Fifty thousand dollars for damage to, or destruction
 1048  of, property of others in any one crash A person who is either
 1049  the owner or a lessee required to maintain insurance under s.
 1050  324.021(9)(b) and who operates limousines, jitneys, or any other
 1051  for-hire passenger vehicles, other than taxicabs, may prove
 1052  financial responsibility by furnishing satisfactory evidence of
 1053  holding a motor vehicle liability policy as defined in s.
 1054  324.031.
 1055         (2)Except as provided in subsection (3), the requirements
 1056  of this section must be met by the owner or lessee providing
 1057  satisfactory evidence of holding a motor vehicle liability
 1058  policy conforming to the requirements of s. 324.151 which is
 1059  issued by an insurance carrier that is a member of the Florida
 1060  Insurance Guaranty Association.
 1061         (3)(2) An owner or a lessee who is required to maintain
 1062  insurance under s. 324.021(9)(b) and who operates at least 300
 1063  taxicabs, limousines, jitneys, or any other for-hire passenger
 1064  transportation vehicles may provide financial responsibility by
 1065  complying with the provisions of s. 324.171, which must such
 1066  compliance to be demonstrated by maintaining at its principal
 1067  place of business an audited financial statement, prepared in
 1068  accordance with generally accepted accounting principles, and
 1069  providing to the department a certification issued by a
 1070  certified public accountant that the applicant’s net worth is at
 1071  least equal to the requirements of s. 324.171 as determined by
 1072  the Office of Insurance Regulation of the Financial Services
 1073  Commission, including claims liabilities in an amount certified
 1074  as adequate by a Fellow of the Casualty Actuarial Society.
 1075  
 1076  Upon request by the department, the applicant shall must provide
 1077  the department at the applicant’s principal place of business in
 1078  this state access to the applicant’s underlying financial
 1079  information and financial statements that provide the basis of
 1080  the certified public accountant’s certification. The applicant
 1081  shall reimburse the requesting department for all reasonable
 1082  costs incurred by it in reviewing the supporting information.
 1083  The maximum amount of self-insurance permissible under this
 1084  subsection is $300,000 and must be stated on a per-occurrence
 1085  basis, and the applicant shall maintain adequate excess
 1086  insurance issued by an authorized or eligible insurer licensed
 1087  or approved by the Office of Insurance Regulation. All risks
 1088  self-insured shall remain with the owner or lessee providing it,
 1089  and the risks are not transferable to any other person, unless a
 1090  policy complying with subsections (1) and (2) subsection (1) is
 1091  obtained.
 1092         Section 19. Subsection (2) of section 324.051, Florida
 1093  Statutes, is amended, and subsection (4) is added to that
 1094  section, to read:
 1095         324.051 Reports of crashes; suspensions of licenses and
 1096  registrations.—
 1097         (2)(a) Thirty days after receipt of notice of any accident
 1098  described in paragraph (1)(a) involving a motor vehicle within
 1099  this state, the department shall suspend, after due notice and
 1100  opportunity to be heard, the license of each operator and all
 1101  registrations of the owner of the vehicles operated by such
 1102  operator whether or not involved in such crash and, in the case
 1103  of a nonresident owner or operator, shall suspend such
 1104  nonresident’s operating privilege in this state, unless such
 1105  operator or owner shall, prior to the expiration of such 30
 1106  days, be found by the department to be exempt from the operation
 1107  of this chapter, based upon evidence satisfactory to the
 1108  department that:
 1109         1. The motor vehicle was legally parked at the time of such
 1110  crash.
 1111         2. The motor vehicle was owned by the United States
 1112  Government, this state, or any political subdivision of this
 1113  state or any municipality therein.
 1114         3. Such operator or owner has secured a duly acknowledged
 1115  written agreement providing for release from liability by all
 1116  parties injured as the result of said crash and has complied
 1117  with one of the provisions of s. 324.031.
 1118         4. Such operator or owner has deposited with the department
 1119  security to conform with s. 324.061 when applicable and has
 1120  complied with one of the provisions of s. 324.031.
 1121         5. One year has elapsed since such owner or operator was
 1122  suspended pursuant to subsection (3), the owner or operator has
 1123  complied with one of the provisions of s. 324.031, and no bill
 1124  of complaint of which the department has notice has been filed
 1125  in a court of competent jurisdiction.
 1126         (b) This subsection does shall not apply:
 1127         1. To such operator or owner if such operator or owner had
 1128  in effect at the time of such crash or traffic conviction a
 1129  motor vehicle an automobile liability policy with respect to all
 1130  of the registered motor vehicles owned by such operator or
 1131  owner.
 1132         2. To such operator, if not the owner of such motor
 1133  vehicle, if there was in effect at the time of such crash or
 1134  traffic conviction a motor vehicle an automobile liability
 1135  policy or bond with respect to his or her operation of motor
 1136  vehicles not owned by him or her.
 1137         3. To such operator or owner if the liability of such
 1138  operator or owner for damages resulting from such crash is, in
 1139  the judgment of the department, covered by any other form of
 1140  liability insurance or bond.
 1141         4. To any person who has obtained from the department a
 1142  certificate of self-insurance, in accordance with s. 324.171, or
 1143  to any person operating a motor vehicle for such self-insurer.
 1144  
 1145  No such policy or bond shall be effective under this subsection
 1146  unless it contains limits of not less than those specified in s.
 1147  324.021(7).
 1148         (4)As used in this section, the term “motor vehicle”
 1149  includes a motorcycle as defined in s. 320.01(26).
 1150         Section 20. Section 324.071, Florida Statutes, is amended
 1151  to read:
 1152         324.071 Reinstatement; renewal of license; reinstatement
 1153  fee.—An Any operator or owner whose license or registration has
 1154  been suspended pursuant to s. 324.051(2), s. 324.072, s.
 1155  324.081, or s. 324.121 may effect its reinstatement upon
 1156  compliance with the provisions of s. 324.051(2)(a)3. or 4., or
 1157  s. 324.081(2) and (3), as the case may be, and with one of the
 1158  provisions of s. 324.031 and upon payment to the department of a
 1159  nonrefundable reinstatement fee of $15. Only one such fee may
 1160  shall be paid by any one person regardless irrespective of the
 1161  number of licenses and registrations to be then reinstated or
 1162  issued to such person. All Such fees must shall be deposited to
 1163  a department trust fund. If When the reinstatement of any
 1164  license or registration is effected by compliance with s.
 1165  324.051(2)(a)3. or 4., the department may shall not renew the
 1166  license or registration within a period of 3 years after from
 1167  such reinstatement, nor may shall any other license or
 1168  registration be issued in the name of such person, unless the
 1169  operator continues is continuing to comply with one of the
 1170  provisions of s. 324.031.
 1171         Section 21. Subsection (1) of section 324.091, Florida
 1172  Statutes, is amended to read:
 1173         324.091 Notice to department; notice to insurer.—
 1174         (1) Each owner and operator involved in a crash or
 1175  conviction case within the purview of this chapter shall furnish
 1176  evidence of automobile liability insurance or motor vehicle
 1177  liability insurance within 14 days after the date of the mailing
 1178  of notice of crash by the department in the form and manner as
 1179  it may designate. Upon receipt of evidence that a an automobile
 1180  liability policy or motor vehicle liability policy was in effect
 1181  at the time of the crash or conviction case, the department
 1182  shall forward to the insurer such information for verification
 1183  in a method as determined by the department. The insurer shall
 1184  respond to the department within 20 days after the notice as to
 1185  whether or not such information is valid. If the department
 1186  determines that a an automobile liability policy or motor
 1187  vehicle liability policy was not in effect and did not provide
 1188  coverage for both the owner and the operator, it must shall take
 1189  action as it is authorized to do under this chapter.
 1190         Section 22. Section 324.151, Florida Statutes, is amended
 1191  to read:
 1192         324.151 Motor vehicle liability policies; required
 1193  provisions.—
 1194         (1) A motor vehicle liability policy that serves as to be
 1195  proof of financial responsibility under s. 324.031(1)(a) must s.
 1196  324.031(1), shall be issued to owners or operators of motor
 1197  vehicles under the following provisions:
 1198         (a) A motor vehicle An owner’s liability insurance policy
 1199  issued to an owner of a motor vehicle required to be registered
 1200  in this state must shall designate by explicit description or by
 1201  appropriate reference all motor vehicles for with respect to
 1202  which coverage is thereby granted. The policy must and shall
 1203  insure the person or persons owner named therein and, except for
 1204  a named driver excluded pursuant to s. 627.747, must insure any
 1205  resident relative of a named insured other person as operator
 1206  using such motor vehicle or motor vehicles with the express or
 1207  implied permission of such owner against loss from the liability
 1208  imposed by law for damage arising out of the ownership,
 1209  maintenance, or use of any such motor vehicle or motor vehicles
 1210  within the United States or the Dominion of Canada, subject to
 1211  limits, exclusive of interest and costs with respect to each
 1212  such motor vehicle as is provided for under s. 324.021(7).
 1213  Except for a named driver excluded pursuant to s. 627.747, the
 1214  policy must also insure any person operating an insured motor
 1215  vehicle with the express or implied permission of a named
 1216  insured against loss from the liability imposed by law for
 1217  damage arising out of the use of any vehicle. However, the
 1218  insurer may include provisions in its policy excluding liability
 1219  coverage for a motor vehicle not designated as an insured
 1220  vehicle on the policy if such motor vehicle does not qualify as
 1221  a newly acquired vehicle or as a temporary substitute vehicle
 1222  and was owned by the insured or was furnished for an insured’s
 1223  regular use for more than 30 consecutive days before the event
 1224  giving rise to the claim. Insurers may make available, with
 1225  respect to property damage liability coverage, a deductible
 1226  amount not to exceed $500. In the event of a property damage
 1227  loss covered by a policy containing a property damage deductible
 1228  provision, the insurer shall pay to the third-party claimant the
 1229  amount of any property damage liability settlement or judgment,
 1230  subject to policy limits, as if no deductible existed.
 1231         (b) A motor vehicle liability insurance policy issued to a
 1232  person who does not own a motor vehicle must An operator’s motor
 1233  vehicle liability policy of insurance shall insure the person or
 1234  persons named therein against loss from the liability imposed
 1235  upon him or her by law for damages arising out of the use by the
 1236  person of any motor vehicle not owned by him or her, with the
 1237  same territorial limits and subject to the same limits of
 1238  liability as referred to above with respect to an owner’s policy
 1239  of liability insurance.
 1240         (c) All such motor vehicle liability policies must provide
 1241  liability coverage with limits, exclusive of interest and costs,
 1242  as specified under s. 324.021(7) for accidents occurring within
 1243  the United States or Canada. The policies must shall state the
 1244  name and address of the named insured, the coverage afforded by
 1245  the policy, the premium charged therefor, the policy period, and
 1246  the limits of liability, and must shall contain an agreement or
 1247  be endorsed that insurance is provided in accordance with the
 1248  coverage defined in this chapter as respects bodily injury and
 1249  death or property damage or both and is subject to all
 1250  provisions of this chapter. The Said policies must shall also
 1251  contain a provision that the satisfaction by an insured of a
 1252  judgment for such injury or damage may shall not be a condition
 1253  precedent to the right or duty of the insurance carrier to make
 1254  payment on account of such injury or damage, and must shall also
 1255  contain a provision that bankruptcy or insolvency of the insured
 1256  or of the insured’s estate does shall not relieve the insurance
 1257  carrier of any of its obligations under the said policy.
 1258         (2) The provisions of This section is shall not be
 1259  applicable to any motor vehicle automobile liability policy
 1260  unless and until it is furnished as proof of financial
 1261  responsibility for the future pursuant to s. 324.031, and then
 1262  applies only from and after the date the said policy is so
 1263  furnished.
 1264         (3)As used in this section, the term:
 1265         (a)“Newly acquired vehicle” means a vehicle owned by a
 1266  named insured or resident relative of the named insured which
 1267  was acquired no more than 30 days before an accident.
 1268         (b)“Resident relative” means a person related to a named
 1269  insured by any degree by blood, marriage, or adoption, including
 1270  a ward or foster child, who usually makes his or her home in the
 1271  same family unit or residence as the named insured, regardless
 1272  of whether he or she temporarily lives elsewhere.
 1273         (c)“Temporary substitute vehicle” means any motor vehicle
 1274  as defined in s. 320.01(1) which is not owned by the named
 1275  insured and which is temporarily used with the permission of the
 1276  owner as a substitute for the owned motor vehicle designated on
 1277  the policy when the owned vehicle is withdrawn from normal use
 1278  because of breakdown, repair, servicing, loss, or destruction.
 1279         Section 23. Section 324.161, Florida Statutes, is amended
 1280  to read:
 1281         324.161 Proof of financial responsibility; deposit.—If a
 1282  person elects to prove his or her financial responsibility under
 1283  the method of proof specified in s. 324.031(1)(b), he or she
 1284  annually must obtain and submit to the department proof of a
 1285  certificate of deposit in the amount required under s.
 1286  324.031(2) from a financial institution insured by the Federal
 1287  Deposit Insurance Corporation or the National Credit Union
 1288  Administration Annually, before any certificate of insurance may
 1289  be issued to a person, including any firm, partnership,
 1290  association, corporation, or other person, other than a natural
 1291  person, proof of a certificate of deposit of $30,000 issued and
 1292  held by a financial institution must be submitted to the
 1293  department. A power of attorney will be issued to and held by
 1294  the department and may be executed upon a judgment issued
 1295  against such person making the deposit, for damages for because
 1296  of bodily injury to or death of any person or for damages for
 1297  because of injury to or destruction of property resulting from
 1298  the use or operation of any motor vehicle occurring after such
 1299  deposit was made. Money so deposited is shall not be subject to
 1300  attachment or execution unless such attachment or execution
 1301  arises shall arise out of a lawsuit suit for such damages as
 1302  aforesaid.
 1303         Section 24. Subsections (1) and (2) of section 324.171,
 1304  Florida Statutes, are amended to read:
 1305         324.171 Self-insurer.—
 1306         (1) A Any person may qualify as a self-insurer by obtaining
 1307  a certificate of self-insurance from the department. which may,
 1308  in its discretion and Upon application of such a person, the
 1309  department may issue a said certificate of self-insurance to an
 1310  applicant who satisfies when such person has satisfied the
 1311  requirements of this section. Effective January 1, 2022 to
 1312  qualify as a self-insurer under this section:
 1313         (a) A private individual with private passenger vehicles
 1314  shall possess a net unencumbered worth of at least $100,000
 1315  $40,000.
 1316         (b) A person, including any firm, partnership, association,
 1317  corporation, or other person, other than a natural person,
 1318  shall:
 1319         1. Possess a net unencumbered worth of at least $100,000
 1320  $40,000 for the first motor vehicle and $50,000 $20,000 for each
 1321  additional motor vehicle; or
 1322         2. Maintain sufficient net worth, in an amount determined
 1323  by the department, to be financially responsible for potential
 1324  losses. The department annually shall determine the minimum net
 1325  worth sufficient to satisfy this subparagraph as determined
 1326  annually by the department, pursuant to rules adopted
 1327  promulgated by the department, with the assistance of the Office
 1328  of Insurance Regulation of the Financial Services Commission, to
 1329  be financially responsible for potential losses. The rules must
 1330  consider any shall take into consideration excess insurance
 1331  carried by the applicant. The department’s determination must
 1332  shall be based upon reasonable actuarial principles considering
 1333  the frequency, severity, and loss development of claims incurred
 1334  by casualty insurers writing coverage on the type of motor
 1335  vehicles for which a certificate of self-insurance is desired.
 1336         (c) The owner of a commercial motor vehicle, as defined in
 1337  s. 207.002 or s. 320.01, may qualify as a self-insurer subject
 1338  to the standards provided for in subparagraph (b)2.
 1339         (2) The self-insurance certificate must shall provide
 1340  limits of liability insurance in the amounts specified under s.
 1341  324.021(7) or s. 627.7415 and shall provide personal injury
 1342  protection coverage under s. 627.733(3)(b).
 1343         Section 25. Section 324.251, Florida Statutes, is amended
 1344  to read:
 1345         324.251 Short title.—This chapter may be cited as the
 1346  “Financial Responsibility Law of 2021 1955” and is shall become
 1347  effective at 12:01 a.m., January 1, 2022 October 1, 1955.
 1348         Section 26. Subsection (4) of section 400.9905, Florida
 1349  Statutes, is amended to read:
 1350         400.9905 Definitions.—
 1351         (4)(a) “Clinic” means an entity where health care services
 1352  are provided to individuals and which tenders charges for
 1353  reimbursement for such services, including a mobile clinic and a
 1354  portable equipment provider. As used in this part, the term does
 1355  not include and the licensure requirements of this part do not
 1356  apply to:
 1357         1.(a)  Entities licensed or registered by the state under
 1358  chapter 395; entities licensed or registered by the state and
 1359  providing only health care services within the scope of services
 1360  authorized under their respective licenses under ss. 383.30
 1361  383.332, chapter 390, chapter 394, chapter 397, this chapter
 1362  except part X, chapter 429, chapter 463, chapter 465, chapter
 1363  466, chapter 478, chapter 484, or chapter 651; end-stage renal
 1364  disease providers authorized under 42 C.F.R. part 494; providers
 1365  certified and providing only health care services within the
 1366  scope of services authorized under their respective
 1367  certifications under 42 C.F.R. part 485, subpart B, subpart H,
 1368  or subpart J; providers certified and providing only health care
 1369  services within the scope of services authorized under their
 1370  respective certifications under 42 C.F.R. part 486, subpart C;
 1371  providers certified and providing only health care services
 1372  within the scope of services authorized under their respective
 1373  certifications under 42 C.F.R. part 491, subpart A; providers
 1374  certified by the Centers for Medicare and Medicaid Services
 1375  under the federal Clinical Laboratory Improvement Amendments and
 1376  the federal rules adopted thereunder; or any entity that
 1377  provides neonatal or pediatric hospital-based health care
 1378  services or other health care services by licensed practitioners
 1379  solely within a hospital licensed under chapter 395.
 1380         2.(b)  Entities that own, directly or indirectly, entities
 1381  licensed or registered by the state pursuant to chapter 395;
 1382  entities that own, directly or indirectly, entities licensed or
 1383  registered by the state and providing only health care services
 1384  within the scope of services authorized pursuant to their
 1385  respective licenses under ss. 383.30-383.332, chapter 390,
 1386  chapter 394, chapter 397, this chapter except part X, chapter
 1387  429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
 1388  484, or chapter 651; end-stage renal disease providers
 1389  authorized under 42 C.F.R. part 494; providers certified and
 1390  providing only health care services within the scope of services
 1391  authorized under their respective certifications under 42 C.F.R.
 1392  part 485, subpart B, subpart H, or subpart J; providers
 1393  certified and providing only health care services within the
 1394  scope of services authorized under their respective
 1395  certifications under 42 C.F.R. part 486, subpart C; providers
 1396  certified and providing only health care services within the
 1397  scope of services authorized under their respective
 1398  certifications under 42 C.F.R. part 491, subpart A; providers
 1399  certified by the Centers for Medicare and Medicaid Services
 1400  under the federal Clinical Laboratory Improvement Amendments and
 1401  the federal rules adopted thereunder; or any entity that
 1402  provides neonatal or pediatric hospital-based health care
 1403  services by licensed practitioners solely within a hospital
 1404  licensed under chapter 395.
 1405         3.(c)  Entities that are owned, directly or indirectly, by
 1406  an entity licensed or registered by the state pursuant to
 1407  chapter 395; entities that are owned, directly or indirectly, by
 1408  an entity licensed or registered by the state and providing only
 1409  health care services within the scope of services authorized
 1410  pursuant to their respective licenses under ss. 383.30-383.332,
 1411  chapter 390, chapter 394, chapter 397, this chapter except part
 1412  X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
 1413  478, chapter 484, or chapter 651; end-stage renal disease
 1414  providers authorized under 42 C.F.R. part 494; providers
 1415  certified and providing only health care services within the
 1416  scope of services authorized under their respective
 1417  certifications under 42 C.F.R. part 485, subpart B, subpart H,
 1418  or subpart J; providers certified and providing only health care
 1419  services within the scope of services authorized under their
 1420  respective certifications under 42 C.F.R. part 486, subpart C;
 1421  providers certified and providing only health care services
 1422  within the scope of services authorized under their respective
 1423  certifications under 42 C.F.R. part 491, subpart A; providers
 1424  certified by the Centers for Medicare and Medicaid Services
 1425  under the federal Clinical Laboratory Improvement Amendments and
 1426  the federal rules adopted thereunder; or any entity that
 1427  provides neonatal or pediatric hospital-based health care
 1428  services by licensed practitioners solely within a hospital
 1429  under chapter 395.
 1430         4.(d)  Entities that are under common ownership, directly
 1431  or indirectly, with an entity licensed or registered by the
 1432  state pursuant to chapter 395; entities that are under common
 1433  ownership, directly or indirectly, with an entity licensed or
 1434  registered by the state and providing only health care services
 1435  within the scope of services authorized pursuant to their
 1436  respective licenses under ss. 383.30-383.332, chapter 390,
 1437  chapter 394, chapter 397, this chapter except part X, chapter
 1438  429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
 1439  484, or chapter 651; end-stage renal disease providers
 1440  authorized under 42 C.F.R. part 494; providers certified and
 1441  providing only health care services within the scope of services
 1442  authorized under their respective certifications under 42 C.F.R.
 1443  part 485, subpart B, subpart H, or subpart J; providers
 1444  certified and providing only health care services within the
 1445  scope of services authorized under their respective
 1446  certifications under 42 C.F.R. part 486, subpart C; providers
 1447  certified and providing only health care services within the
 1448  scope of services authorized under their respective
 1449  certifications under 42 C.F.R. part 491, subpart A; providers
 1450  certified by the Centers for Medicare and Medicaid Services
 1451  under the federal Clinical Laboratory Improvement Amendments and
 1452  the federal rules adopted thereunder; or any entity that
 1453  provides neonatal or pediatric hospital-based health care
 1454  services by licensed practitioners solely within a hospital
 1455  licensed under chapter 395.
 1456         5.(e) An entity that is exempt from federal taxation under
 1457  26 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
 1458  under 26 U.S.C. s. 409 that has a board of trustees at least
 1459  two-thirds of which are Florida-licensed health care
 1460  practitioners and provides only physical therapy services under
 1461  physician orders, any community college or university clinic,
 1462  and any entity owned or operated by the federal or state
 1463  government, including agencies, subdivisions, or municipalities
 1464  thereof.
 1465         6.(f) A sole proprietorship, group practice, partnership,
 1466  or corporation that provides health care services by physicians
 1467  covered by s. 627.419, that is directly supervised by one or
 1468  more of such physicians, and that is wholly owned by one or more
 1469  of those physicians or by a physician and the spouse, parent,
 1470  child, or sibling of that physician.
 1471         7.(g) A sole proprietorship, group practice, partnership,
 1472  or corporation that provides health care services by licensed
 1473  health care practitioners under chapter 457, chapter 458,
 1474  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
 1475  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
 1476  chapter 490, chapter 491, or part I, part III, part X, part
 1477  XIII, or part XIV of chapter 468, or s. 464.012, and that is
 1478  wholly owned by one or more licensed health care practitioners,
 1479  or the licensed health care practitioners set forth in this
 1480  subparagraph paragraph and the spouse, parent, child, or sibling
 1481  of a licensed health care practitioner if one of the owners who
 1482  is a licensed health care practitioner is supervising the
 1483  business activities and is legally responsible for the entity’s
 1484  compliance with all federal and state laws. However, a health
 1485  care practitioner may not supervise services beyond the scope of
 1486  the practitioner’s license, except that, for the purposes of
 1487  this part, a clinic owned by a licensee in s. 456.053(3)(b)
 1488  which provides only services authorized pursuant to s.
 1489  456.053(3)(b) may be supervised by a licensee specified in s.
 1490  456.053(3)(b).
 1491         8.(h) Clinical facilities affiliated with an accredited
 1492  medical school at which training is provided for medical
 1493  students, residents, or fellows.
 1494         9.(i) Entities that provide only oncology or radiation
 1495  therapy services by physicians licensed under chapter 458 or
 1496  chapter 459 or entities that provide oncology or radiation
 1497  therapy services by physicians licensed under chapter 458 or
 1498  chapter 459 which are owned by a corporation whose shares are
 1499  publicly traded on a recognized stock exchange.
 1500         10.(j) Clinical facilities affiliated with a college of
 1501  chiropractic accredited by the Council on Chiropractic Education
 1502  at which training is provided for chiropractic students.
 1503         11.(k) Entities that provide licensed practitioners to
 1504  staff emergency departments or to deliver anesthesia services in
 1505  facilities licensed under chapter 395 and that derive at least
 1506  90 percent of their gross annual revenues from the provision of
 1507  such services. Entities claiming an exemption from licensure
 1508  under this subparagraph paragraph must provide documentation
 1509  demonstrating compliance.
 1510         12.(l) Orthotic, prosthetic, pediatric cardiology, or
 1511  perinatology clinical facilities or anesthesia clinical
 1512  facilities that are not otherwise exempt under subparagraph 1.
 1513  or subparagraph 11. paragraph (a) or paragraph (k) and that are
 1514  a publicly traded corporation or are wholly owned, directly or
 1515  indirectly, by a publicly traded corporation. As used in this
 1516  subparagraph paragraph, a publicly traded corporation is a
 1517  corporation that issues securities traded on an exchange
 1518  registered with the United States Securities and Exchange
 1519  Commission as a national securities exchange.
 1520         13.(m) Entities that are owned by a corporation that has
 1521  $250 million or more in total annual sales of health care
 1522  services provided by licensed health care practitioners where
 1523  one or more of the persons responsible for the operations of the
 1524  entity is a health care practitioner who is licensed in this
 1525  state and who is responsible for supervising the business
 1526  activities of the entity and is responsible for the entity’s
 1527  compliance with state law for purposes of this part.
 1528         14.(n) Entities that employ 50 or more licensed health care
 1529  practitioners licensed under chapter 458 or chapter 459 where
 1530  the billing for medical services is under a single tax
 1531  identification number. The application for exemption under this
 1532  subsection must include shall contain information that includes:
 1533  the name, residence, and business address and telephone phone
 1534  number of the entity that owns the practice; a complete list of
 1535  the names and contact information of all the officers and
 1536  directors of the corporation; the name, residence address,
 1537  business address, and medical license number of each licensed
 1538  Florida health care practitioner employed by the entity; the
 1539  corporate tax identification number of the entity seeking an
 1540  exemption; a listing of health care services to be provided by
 1541  the entity at the health care clinics owned or operated by the
 1542  entity; and a certified statement prepared by an independent
 1543  certified public accountant which states that the entity and the
 1544  health care clinics owned or operated by the entity have not
 1545  received payment for health care services under medical payments
 1546  personal injury protection insurance coverage for the preceding
 1547  year. If the agency determines that an entity that which is
 1548  exempt under this subsection has received payments for medical
 1549  services under medical payments personal injury protection
 1550  insurance coverage, the agency may deny or revoke the exemption
 1551  from licensure under this subsection.
 1552         15.(o) Entities that are, directly or indirectly, under the
 1553  common ownership of or that are subject to common control by a
 1554  mutual insurance holding company, as defined in s. 628.703, with
 1555  an entity issued a certificate of authority under chapter 624 or
 1556  chapter 641 which has $1 billion or more in total annual sales
 1557  in this state.
 1558         16.(p) Entities that are owned by an entity that is a
 1559  behavioral health care service provider in at least five other
 1560  states; that, together with its affiliates, have $90 million or
 1561  more in total annual revenues associated with the provision of
 1562  behavioral health care services; and wherein one or more of the
 1563  persons responsible for the operations of the entity is a health
 1564  care practitioner who is licensed in this state, who is
 1565  responsible for supervising the business activities of the
 1566  entity, and who is responsible for the entity’s compliance with
 1567  state law for purposes of this part.
 1568         17.(q) Medicaid providers.
 1569         (b) Notwithstanding paragraph (a) this subsection, an
 1570  entity is shall be deemed a clinic and must be licensed under
 1571  this part in order to receive medical payments coverage
 1572  reimbursement under s. 627.7265 unless the entity is:
 1573         1. Wholly owned by a physician licensed under chapter 458
 1574  or chapter 459 or by the physician and the spouse, parent,
 1575  child, or sibling of the physician;
 1576         2.Wholly owned by a dentist licensed under chapter 466 or
 1577  by the dentist and the spouse, parent, child, or sibling of the
 1578  dentist;
 1579         3. Wholly owned by a chiropractic physician licensed under
 1580  chapter 460 or by the chiropractic physician and the spouse,
 1581  parent, child, or sibling of the chiropractic physician;
 1582         4. A hospital or ambulatory surgical center licensed under
 1583  chapter 395;
 1584         5. An entity that wholly owns or is wholly owned, directly
 1585  or indirectly, by a hospital or hospitals licensed under chapter
 1586  395;
 1587         6. A clinical facility affiliated with an accredited
 1588  medical school at which training is provided for medical
 1589  students, residents, or fellows;
 1590         7.Certified under 42 C.F.R. part 485, subpart H; or
 1591         8. Owned by a publicly traded corporation, either directly
 1592  or indirectly through its subsidiaries, which has $250 million
 1593  or more in total annual sales of health care services provided
 1594  by licensed health care practitioners, if one or more of the
 1595  persons responsible for the operations of the entity are health
 1596  care practitioners who are licensed in this state and are
 1597  responsible for supervising the business activities of the
 1598  entity and the entity’s compliance with state law for purposes
 1599  of this subsection the Florida Motor Vehicle No-Fault Law, ss.
 1600  627.730-627.7405, unless exempted under s. 627.736(5)(h).
 1601         Section 27. Subsection (5) of section 400.991, Florida
 1602  Statutes, is amended to read:
 1603         400.991 License requirements; background screenings;
 1604  prohibitions.—
 1605         (5) All agency forms for licensure application or exemption
 1606  from licensure under this part must contain the following
 1607  statement:
 1608  
 1609  INSURANCE FRAUD NOTICE.—A person commits a fraudulent insurance
 1610  act, as defined in s. 626.989, Florida Statutes, if the person
 1611  who knowingly submits a false, misleading, or fraudulent
 1612  application or other document when applying for licensure as a
 1613  health care clinic, seeking an exemption from licensure as a
 1614  health care clinic, or demonstrating compliance with part X of
 1615  chapter 400, Florida Statutes, with the intent to use the
 1616  license, exemption from licensure, or demonstration of
 1617  compliance to provide services or seek reimbursement under a
 1618  motor vehicle liability insurance policy’s medical payments
 1619  coverage the Florida Motor Vehicle No-Fault Law, commits a
 1620  fraudulent insurance act, as defined in s. 626.989, Florida
 1621  Statutes. A person who presents a claim for benefits under
 1622  medical payments coverage personal injury protection benefits
 1623  knowing that the payee knowingly submitted such health care
 1624  clinic application or document, commits insurance fraud, as
 1625  defined in s. 817.234, Florida Statutes.
 1626         Section 28. Paragraph (g) of subsection (1) of section
 1627  400.9935, Florida Statutes, is amended to read:
 1628         400.9935 Clinic responsibilities.—
 1629         (1) Each clinic shall appoint a medical director or clinic
 1630  director who shall agree in writing to accept legal
 1631  responsibility for the following activities on behalf of the
 1632  clinic. The medical director or the clinic director shall:
 1633         (g) Conduct systematic reviews of clinic billings to ensure
 1634  that the billings are not fraudulent or unlawful. Upon discovery
 1635  of an unlawful charge, the medical director or clinic director
 1636  shall take immediate corrective action. If the clinic performs
 1637  only the technical component of magnetic resonance imaging,
 1638  static radiographs, computed tomography, or positron emission
 1639  tomography, and provides the professional interpretation of such
 1640  services, in a fixed facility that is accredited by a national
 1641  accrediting organization that is approved by the Centers for
 1642  Medicare and Medicaid Services for magnetic resonance imaging
 1643  and advanced diagnostic imaging services and if, in the
 1644  preceding quarter, the percentage of scans performed by that
 1645  clinic which was billed to motor vehicle all personal injury
 1646  protection insurance carriers under medical payments coverage
 1647  was less than 15 percent, the chief financial officer of the
 1648  clinic may, in a written acknowledgment provided to the agency,
 1649  assume the responsibility for the conduct of the systematic
 1650  reviews of clinic billings to ensure that the billings are not
 1651  fraudulent or unlawful.
 1652         Section 29. Subsection (28) of section 409.901, Florida
 1653  Statutes, is amended to read:
 1654         409.901 Definitions; ss. 409.901-409.920.—As used in ss.
 1655  409.901-409.920, except as otherwise specifically provided, the
 1656  term:
 1657         (28) “Third-party benefit” means any benefit that is or may
 1658  be available at any time through contract, court award,
 1659  judgment, settlement, agreement, or any arrangement between a
 1660  third party and any person or entity, including, without
 1661  limitation, a Medicaid recipient, a provider, another third
 1662  party, an insurer, or the agency, for any Medicaid-covered
 1663  injury, illness, goods, or services, including costs of medical
 1664  services related thereto, for bodily personal injury or for
 1665  death of the recipient, but specifically excluding policies of
 1666  life insurance policies on the recipient, unless available under
 1667  terms of the policy to pay medical expenses before prior to
 1668  death. The term includes, without limitation, collateral, as
 1669  defined in this section;, health insurance;, any benefit under a
 1670  health maintenance organization, a preferred provider
 1671  arrangement, a prepaid health clinic, liability insurance,
 1672  uninsured motorist insurance, or medical payments coverage; or
 1673  personal injury protection coverage, medical benefits under
 1674  workers’ compensation, and any obligation under law or equity to
 1675  provide medical support.
 1676         Section 30. Paragraph (f) of subsection (11) of section
 1677  409.910, Florida Statutes, is amended to read:
 1678         409.910 Responsibility for payments on behalf of Medicaid
 1679  eligible persons when other parties are liable.—
 1680         (11) The agency may, as a matter of right, in order to
 1681  enforce its rights under this section, institute, intervene in,
 1682  or join any legal or administrative proceeding in its own name
 1683  in one or more of the following capacities: individually, as
 1684  subrogee of the recipient, as assignee of the recipient, or as
 1685  lienholder of the collateral.
 1686         (f) Notwithstanding any provision in this section to the
 1687  contrary, in the event of an action in tort against a third
 1688  party in which the recipient or his or her legal representative
 1689  is a party which results in a judgment, award, or settlement
 1690  from a third party, the amount recovered shall be distributed as
 1691  follows:
 1692         1. After attorney attorney’s fees and taxable costs as
 1693  defined by the Florida Rules of Civil Procedure, one-half of the
 1694  remaining recovery shall be paid to the agency up to the total
 1695  amount of medical assistance provided by Medicaid.
 1696         2. The remaining amount of the recovery shall be paid to
 1697  the recipient.
 1698         3. For purposes of calculating the agency’s recovery of
 1699  medical assistance benefits paid, the fee for services of an
 1700  attorney retained by the recipient or his or her legal
 1701  representative shall be calculated at 25 percent of the
 1702  judgment, award, or settlement.
 1703         4. Notwithstanding any other provision of this section to
 1704  the contrary, the agency shall be entitled to all medical
 1705  coverage benefits up to the total amount of medical assistance
 1706  provided by Medicaid. For purposes of this paragraph, the term
 1707  “medical coverage” means any benefits under health insurance, a
 1708  health maintenance organization, a preferred provider
 1709  arrangement, or a prepaid health clinic, and the portion of
 1710  benefits designated for medical payments under coverage for
 1711  workers’ compensation coverage, motor vehicle insurance
 1712  coverage, personal injury protection, and casualty coverage.
 1713         Section 31. Paragraph (k) of subsection (2) of section
 1714  456.057, Florida Statutes, is amended to read:
 1715         456.057 Ownership and control of patient records; report or
 1716  copies of records to be furnished; disclosure of information.—
 1717         (2) As used in this section, the terms “records owner,”
 1718  “health care practitioner,” and “health care practitioner’s
 1719  employer” do not include any of the following persons or
 1720  entities; furthermore, the following persons or entities are not
 1721  authorized to acquire or own medical records, but are authorized
 1722  under the confidentiality and disclosure requirements of this
 1723  section to maintain those documents required by the part or
 1724  chapter under which they are licensed or regulated:
 1725         (k) Persons or entities practicing under s. 627.7265 s.
 1726  627.736(7).
 1727         Section 32. Paragraphs (ee) and (ff) of subsection (1) of
 1728  section 456.072, Florida Statutes, are amended to read:
 1729         456.072 Grounds for discipline; penalties; enforcement.—
 1730         (1) The following acts shall constitute grounds for which
 1731  the disciplinary actions specified in subsection (2) may be
 1732  taken:
 1733         (ee) With respect to making a medical payments coverage
 1734  personal injury protection claim under s. 627.7265 as required
 1735  by s. 627.736, intentionally submitting a claim, statement, or
 1736  bill that has been upcoded. As used in this paragraph, the term
 1737  “upcoded” means an action that submits a billing code that would
 1738  result in a greater payment amount than would be paid using a
 1739  billing code that accurately describes the services performed.
 1740  The term does not include an otherwise lawful bill by a magnetic
 1741  resonance imaging facility which globally combines both
 1742  technical and professional components, if the amount of the
 1743  global bill is not more than the components if billed
 1744  separately; however, payment of such a bill constitutes payment
 1745  in full for all components of such service “upcoded” as defined
 1746  in s. 627.732.
 1747         (ff) With respect to making a medical payments coverage
 1748  personal injury protection claim pursuant to s. 627.7265 as
 1749  required by s. 627.736, intentionally submitting a claim,
 1750  statement, or bill for payment of services that were not
 1751  rendered.
 1752         Section 33. Section 559.920, Florida Statutes, is reordered
 1753  and amended to read:
 1754         559.920 Unlawful acts and practices.—It shall be a
 1755  violation of this act for any motor vehicle repair shop or
 1756  employee thereof to do any of the following:
 1757         (1) Engage or attempt to engage in repair work for
 1758  compensation of any type without first being registered with or
 1759  having submitted an affidavit of exemption to the department.;
 1760         (2) Make or charge for repairs which have not been
 1761  expressly or impliedly authorized by the customer.;
 1762         (3) Misrepresent that repairs have been made to a motor
 1763  vehicle.;
 1764         (4) Misrepresent that certain parts and repairs are
 1765  necessary to repair a vehicle.;
 1766         (5) Misrepresent that the vehicle being inspected or
 1767  diagnosed is in a dangerous condition or that the customer’s
 1768  continued use of the vehicle may be harmful or cause great
 1769  damage to the vehicle.;
 1770         (6) Fraudulently alter any customer contract, estimate,
 1771  invoice, or other document.;
 1772         (7) Fraudulently misuse any customer’s credit card.;
 1773         (8) Make or authorize in any manner or by any means
 1774  whatever any written or oral statement which is untrue,
 1775  deceptive or misleading, and which is known, or which by the
 1776  exercise of reasonable care should be known, to be untrue,
 1777  deceptive or misleading.;
 1778         (9) Make false promises of a character likely to influence,
 1779  persuade, or induce a customer to authorize the repair, service,
 1780  or maintenance of a motor vehicle.;
 1781         (10) Substitute used, rebuilt, salvaged, or straightened
 1782  parts for new replacement parts without notice to the motor
 1783  vehicle owner and to her or his insurer if the cost of repair is
 1784  to be paid pursuant to an insurance policy and the identity of
 1785  the insurer or its claims adjuster is disclosed to the motor
 1786  vehicle repair shop.;
 1787         (11) Cause or allow a customer to sign any work order that
 1788  does not state the repairs requested by the customer or the
 1789  automobile’s odometer reading at the time of repair.;
 1790         (12) Fail or refuse to give to a customer a copy of any
 1791  document requiring the customer’s signature upon completion or
 1792  cancellation of the repair work.;
 1793         (13) Willfully depart from or disregard accepted practices
 1794  and professional standards.;
 1795         (14) Have repair work subcontracted without the knowledge
 1796  or consent of the customer unless the motor vehicle repair shop
 1797  or employee thereof demonstrates that the customer could not
 1798  reasonably have been notified.;
 1799         (15) Conduct the business of motor vehicle repair in a
 1800  location other than that stated on the registration
 1801  certificate.;
 1802         (16) Rebuild or restore a rebuilt vehicle without the
 1803  knowledge of the owner in such a manner that it does not conform
 1804  to the original vehicle manufacturer’s established repair
 1805  procedures or specifications and allowable tolerances for the
 1806  particular model and year.; or
 1807         (17)With respect to the replacement or repair of a motor
 1808  vehicle windshield:
 1809         (a) Threaten, coerce, or intimidate an insured into
 1810  selecting a particular motor vehicle glass repair facility or
 1811  motor vehicle repair shop;
 1812         (b) Waive or offer to waive the insured’s deductible or
 1813  offer a rebate, gift, gift card, cash, coupon, or anything of
 1814  value to a third party in exchange for a referral of an insured
 1815  to the motor vehicle glass repair facility or motor vehicle
 1816  repair shop in connection with any claim under an insurance
 1817  policy; or
 1818         (c) Waive or offer to waive the insured’s deductible or
 1819  offer a rebate, gift, gift card, cash, coupon, or anything of
 1820  value to an insured in exchange for the insured filing a motor
 1821  vehicle windshield claim under an insurance policy.
 1822         (19)(17) Perform any other act that is a violation of this
 1823  part or that constitutes fraud or misrepresentation.
 1824         (18) Violate any provision of s. 713.585.
 1825         Section 34. Paragraph (b) of subsection (1) and subsection
 1826  (8) of section 624.155, Florida Statutes, are amended to read:
 1827         624.155 Civil remedy.—
 1828         (1) Any person may bring a civil action against an insurer
 1829  when such person is damaged:
 1830         (b) By the commission of any of the following acts by the
 1831  insurer:
 1832         1. Except for a third-party bad faith failure to settle
 1833  claim subject to s. 624.156, not attempting in good faith to
 1834  settle claims when, under all the circumstances, it could and
 1835  should have done so, had it acted fairly and honestly toward its
 1836  insured and with due regard for her or his interests;
 1837         2. Making claims payments to insureds or beneficiaries not
 1838  accompanied by a statement setting forth the coverage under
 1839  which payments are being made; or
 1840         3. Except as to liability coverages, failing to promptly
 1841  settle claims, when the obligation to settle a claim has become
 1842  reasonably clear, under one portion of the insurance policy
 1843  coverage in order to influence settlements under other portions
 1844  of the insurance policy coverage; or
 1845         4. When handling a first-party claim under a motor vehicle
 1846  insurance policy, not attempting in good faith to settle such
 1847  claim pursuant to subparagraph 1. when such failure is caused by
 1848  a failure to communicate to an insured:
 1849         a. Information on who is adjusting the claim;
 1850         b. Any issues that may impair the insured’s coverage;
 1851         c. Information that might resolve the issue in a prompt
 1852  manner;
 1853         d. Any basis for the insurer’s rejection or nonacceptance
 1854  of any settlement offer; or
 1855         e. Any needed extensions to respond to a time-limited
 1856  settlement offer.
 1857  
 1858  Notwithstanding the provisions of the above to the contrary, a
 1859  person pursuing a remedy under this section need not prove that
 1860  such act was committed or performed with such frequency as to
 1861  indicate a general business practice.
 1862         (8) The civil remedy specified in this section does not
 1863  preempt any other remedy or cause of action provided for
 1864  pursuant to any other statute or pursuant to the common law of
 1865  this state. A Any person is may obtain a judgment under either
 1866  the common-law remedy of bad faith or this statutory remedy, but
 1867  shall not be entitled to a judgment under multiple bad faith
 1868  both remedies, whether under statute or common law. This section
 1869  shall not be construed to create a common-law cause of action.
 1870  The damages recoverable pursuant to this section shall include
 1871  those damages which are a reasonably foreseeable result of a
 1872  specified violation of this section by the authorized insurer
 1873  and may include an award or judgment in an amount that exceeds
 1874  the policy limits.
 1875         Section 35. Section 624.156, Florida Statutes, is created
 1876  to read:
 1877         624.156 Bad faith failure to settle actions against motor
 1878  vehicle insurers by third-party claimants.—
 1879         (1) SCOPE.—This section applies in all actions against any
 1880  insurer by a third party for bad faith failure to settle,
 1881  whether under statute or common law, for a loss arising out of
 1882  the ownership, maintenance, or use of a motor vehicle operated
 1883  or principally garaged in this state at the time of an accident,
 1884  regardless of whether the insurer is authorized to do business
 1885  in this state or issued a policy in this state.
 1886         (2) DUTY OF GOOD FAITH.—In handling claims, an insurer has
 1887  a fiduciary duty to its insured and must handle claims in good
 1888  faith. The insurer shall comply with the best practice standards
 1889  of subsection (4) using the same degree of care and diligence as
 1890  a person of ordinary care and prudence would exercise in the
 1891  management of his or her own business.
 1892         (3) BAD FAITH FAILURE TO SETTLE.—“Bad faith failure to
 1893  settle” means an insurer’s failure to settle a claim when, under
 1894  all the circumstances, it could and should have done so, had it
 1895  acted fairly and honestly toward its insured and with due regard
 1896  for the insured’s interests.
 1897         (4) BEST PRACTICE STANDARDS.—Upon the earlier of receiving
 1898  notice of a claim or, under subsection (6), a demand for
 1899  settlement, an insurer must do all of the following:
 1900         (a) Assign a duly licensed and appointed insurance adjuster
 1901  to investigate the claim and resolve any questions concerning
 1902  the existence or extent of the insured’s coverage.
 1903         (b) Evaluate every claim fairly, honestly, and with due
 1904  regard for the interests of its insured, consider the full
 1905  extent of the claimant’s recoverable damages, and consider the
 1906  information in a reasonable and prudent manner.
 1907         (c) Request from the insured or claimant additional
 1908  relevant information deemed necessary.
 1909         (d) Conduct all verbal and written communications with the
 1910  utmost honesty and complete candor.
 1911         (e) Make reasonable efforts to explain to nonattorneys
 1912  matters requiring expertise beyond the level normally expected
 1913  of a layperson with no training in insurance or claims-handling
 1914  issues.
 1915         (f) Save all written communications and note and save all
 1916  verbal communications in a reasonable manner.
 1917         (g) Provide the insured, upon request, with all
 1918  nonprivileged communications related to the insurer’s handling
 1919  of the claim.
 1920         (h) Provide, at the insurer’s expense, reasonable
 1921  accommodations necessary to communicate effectively with an
 1922  insured covered under the Americans with Disabilities Act.
 1923         (i) In handling third-party claims, communicate to an
 1924  insured:
 1925         1. The identity of any other person or entity the insurer
 1926  knows may be liable;
 1927         2. The insurer’s activity on and evaluation of the claim;
 1928         3. The likelihood and possible extent of an excess
 1929  judgment;
 1930         4. Steps the insured can take to avoid exposure to an
 1931  excess judgment;
 1932         5. Requests for examinations under oath and an explanation
 1933  of the consequences of an insured’s failure to submit to an
 1934  examination under oath; and
 1935         6. Any demands for settlement under subsection (6) or
 1936  settlement offers.
 1937         (j) When a loss involves multiple claimants and the
 1938  claimants are unwilling to settle cumulatively within the policy
 1939  limits and release the insured from further liability, in
 1940  addition to fulfilling the requirements of paragraphs (a)-(i),
 1941  attempt to minimize the risk of excess judgments against the
 1942  insured and settle as many claims as possible within the policy
 1943  limits in exchange for a release of the insured from further
 1944  liability.
 1945         (5) CONDITIONS PRECEDENT.—It is a condition precedent to
 1946  filing a third-party action for bad faith failure to settle
 1947  against an insurer that the claimant must:
 1948         (a) Serve a demand for settlement, as provided in
 1949  subsection (6), within the insurer’s limits of liability in
 1950  exchange for a release of further liability against the insured;
 1951  and
 1952         (b) Obtain a final judgment in excess of the policy limits
 1953  against the insured.
 1954         (6) DEMAND FOR SETTLEMENT.—A demand for settlement must do
 1955  all of the following:
 1956         (a) Identify the:
 1957         1. Date and location of loss;
 1958         2. Name, address, and date of birth of the claimant;
 1959         3. Name of each insured to whom the demand for settlement
 1960  is directed; and
 1961         4. Legal and factual basis of the claim.
 1962         (b) Provide a reasonably detailed description of the
 1963  claimant’s:
 1964         1. Known injuries caused or aggravated by the incident on
 1965  which the claim is based;
 1966         2. Medical treatment causally related to the incident on
 1967  which the claim is based; and
 1968         3. Type and amount of known damages incurred and, if any,
 1969  the damages the claimant reasonably anticipates incurring in the
 1970  future.
 1971         (c) State the amount of the demand for settlement.
 1972         (d) State whether the demand for settlement is conditioned
 1973  on the completion of an examination under oath, as authorized by
 1974  subsection (8).
 1975         (e) Provide a physical address, an e-mail address, and a
 1976  facsimile number for further communications, including, but not
 1977  limited to, responses to the demand for settlement.
 1978         (f) Release the insured from any further liability upon the
 1979  insurer’s acceptance of a demand for settlement which is not
 1980  withdrawn pursuant to paragraph (8)(e) or paragraph (8)(g) or
 1981  accepted pursuant to paragraph (8)(f).
 1982         (g) Be served upon the insurer by certified mail at the
 1983  address designated by the insurer with the Department of
 1984  Financial Services under s. 624.422(2).
 1985         (7) LIMITATIONS ON CONDITIONS OF ACCEPTANCE OF A DEMAND.—A
 1986  claimant may not place any conditions on acceptance of a demand
 1987  for settlement other than electing the right to examine the
 1988  insured under oath regarding any of the following:
 1989         (a) Whether the insured has the ability to satisfy a claim
 1990  for damages in excess of the insurer’s limits of liability.
 1991         (b) Whether any other person or entity may have actual or
 1992  potential direct or vicarious liability for the insured’s
 1993  negligence.
 1994         (c) Whether any other insurance exists that may cover some
 1995  or all of the damages sustained by the claimant.
 1996         (8) EXAMINATION UNDER OATH.—After serving a demand for
 1997  settlement, a claimant may examine the insured under oath, on
 1998  one occasion for a period of time not to exceed 2 hours,
 1999  regarding only the issues in subsection (7).
 2000         (a) The claimant may request that the insured bring to the
 2001  examination relevant documents in the insured’s possession,
 2002  custody, or control, including, but not limited to, credit
 2003  reports, insurance policies, bank statements, tax returns,
 2004  deeds, titles, and other proof of assets or liabilities.
 2005         (b) Except as provided in paragraph (7)(b), the claimant
 2006  may not examine the insured regarding liability.
 2007         (c) The claimant, the insurer, and the insured shall
 2008  cooperate in scheduling the examination under oath. The insurer
 2009  shall notify the insured of the date, time, and location of the
 2010  examination under oath.
 2011         (d) The examination under oath must occur within 30 days
 2012  after the insurer’s acceptance of the settlement demand.
 2013         (e) The claimant may withdraw the demand for settlement if
 2014  the insured refuses to submit to an examination under oath.
 2015         (f) If the insured refuses to submit to an examination
 2016  under oath, the insurer may accept the demand for settlement
 2017  without requiring a release of the insured. An insurer that
 2018  accepts the demand for settlement pursuant to this paragraph
 2019  does not have any further duty to defend the insured and may not
 2020  be held liable for damages to the insured if the claimant
 2021  thereafter obtains an excess judgment against the insured.
 2022         (g) Within 7 days after the examination under oath, the
 2023  claimant may withdraw the demand for settlement.
 2024         (9) SAFE HARBOR.—When one claim arises out of a single
 2025  occurrence, an insurer is not liable in a bad faith failure to
 2026  settle action if the insurer tenders its policy limits within 60
 2027  days after receiving a demand for settlement under subsection
 2028  (6).
 2029         (a)When competing claims arise out of a single occurrence
 2030  and the sum of the competing claims exceeds the policy limits,
 2031  an insurer is not liable in a bad faith failure to settle action
 2032  if the insurer initiates an interpleader action at policy limits
 2033  within 60 days after receiving notice of the competing claims.
 2034  If the court finds for one or more of the claimants, the court
 2035  must award the claimants their respective pro rata share of the
 2036  interpleaded funds.
 2037         (b)This subsection does not affect an insurer’s duties to
 2038  its insured other than duties related to bad faith failure to
 2039  settle.
 2040         (10) RELEASE.—An insurer that accepts a demand for
 2041  settlement under subsection (6) shall be entitled to a release
 2042  of its insured, except as provided in paragraph (8)(f).
 2043         (11) BURDEN OF PROOF.—In any third-party action for bad
 2044  faith failure to settle, the claimant must prove by the
 2045  preponderance of the evidence that the insurer violated its duty
 2046  of good faith under subsection (2) and that the insurer in bad
 2047  faith failed to settle, as defined in subsection (3).
 2048         (a) In determining whether an insurer violated its duty of
 2049  good faith under subsection (2) and in bad faith failed to
 2050  settle, as defined in subsection (3), the trier of fact shall
 2051  consider all of the following:
 2052         1. Whether the insurer complied with the best practice
 2053  standards of subsection (4) using the same degree of care and
 2054  diligence as a person of ordinary care and prudence would
 2055  exercise in the management of his or her own business.
 2056         2. Whether the insurer failed to settle a claim when, under
 2057  all the circumstances, it could and should have done so, had it
 2058  acted fairly and honestly toward its insured and with due regard
 2059  for the insured’s interests.
 2060         3. Whether the claimant or insured failed to provide
 2061  relevant information to the insurer on a timely basis.
 2062         4. Whether the claimant or insured misrepresented material
 2063  facts to the insurer or made material omissions of fact to the
 2064  insurer.
 2065         5. Whether the insured denied liability or requested that
 2066  the case be defended after the insurer fully advised the insured
 2067  as to the facts and risks.
 2068         6. Whether the insurer timely informed the insured of a
 2069  demand to settle within the limits of coverage, the right to
 2070  retain personal counsel, and the risk of litigation.
 2071         7. The insurer’s willingness to negotiate with the claimant
 2072  in anticipation of settlement.
 2073         8. The amount of damages the claimant incurred or was
 2074  likely to incur in the future under the facts known or
 2075  reasonably available at the time of the insurer’s response.
 2076         9. If applicable, whether there were multiple third-party
 2077  claimants seeking, in the aggregate, compensation in excess of
 2078  the policy limits from the insured; and, if so, whether the
 2079  insurer breached its duty to attempt to minimize the magnitude
 2080  of possible excess judgments against the insured and to attempt
 2081  to settle as many claims as possible within the policy limits in
 2082  exchange for a release of the insured from further liability.
 2083         10. Additional factors that the court determines to be
 2084  relevant.
 2085         (b) The trier of fact, in determining whether an insurer in
 2086  bad faith failed to settle, must be informed that an excess
 2087  judgment occurred but may not be informed of the amount of the
 2088  excess judgment.
 2089         (12) DAMAGES.—An insurer that is found to have violated its
 2090  duty of good faith under subsection (2) and in bad faith failed
 2091  to settle, as defined in subsection (3), is liable for the
 2092  amount of any excess judgment. No other damages, including, but
 2093  not limited to, punitive damages, may be awarded in a third
 2094  party bad faith failure to settle action.
 2095         (13) ENFORCEMENT.—If a judgment creditor has served a
 2096  demand for settlement under subsection (6) and the judgment
 2097  exceeds the insured’s limits of liability, the judgment creditor
 2098  must be subrogated to the rights of the insured against the
 2099  insurer for common law bad faith.
 2100         (14) LIMITATION ON MULTIPLE REMEDIES.—A person is not
 2101  entitled to a judgment under multiple bad faith remedies,
 2102  whether under statute or common law.
 2103         Section 36. Paragraphs (i) and (o) of subsection (1) of
 2104  section 626.9541, Florida Statutes, are amended to read:
 2105         626.9541 Unfair methods of competition and unfair or
 2106  deceptive acts or practices defined.—
 2107         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
 2108  ACTS.—The following are defined as unfair methods of competition
 2109  and unfair or deceptive acts or practices:
 2110         (i) Unfair claim settlement practices.—
 2111         1. Attempting to settle claims on the basis of an
 2112  application, when serving as a binder or intended to become a
 2113  part of the policy, or any other material document which was
 2114  altered without notice to, or knowledge or consent of, the
 2115  insured;
 2116         2. Making a material misrepresentation made to an insured
 2117  or any other person having an interest in the proceeds payable
 2118  under such contract or policy, for the purpose and with the
 2119  intent of effecting settlement of such claims, loss, or damage
 2120  under such contract or policy on less favorable terms than those
 2121  provided in, and contemplated by, such contract or policy; or
 2122         3. Committing or performing with such frequency as to
 2123  indicate a general business practice any of the following:
 2124         a. Failing to adopt and implement standards for the proper
 2125  investigation of claims;
 2126         b. Misrepresenting pertinent facts or insurance policy
 2127  provisions relating to coverages at issue;
 2128         c. Failing to acknowledge and act promptly upon
 2129  communications with respect to claims;
 2130         d. Denying claims without conducting reasonable
 2131  investigations based upon available information;
 2132         e. Failing to affirm or deny full or partial coverage of
 2133  claims, and, as to partial coverage, the dollar amount or extent
 2134  of coverage, or failing to provide a written statement that the
 2135  claim is being investigated, upon the written request of the
 2136  insured within 30 days after proof-of-loss statements have been
 2137  completed;
 2138         f. Failing to promptly provide a reasonable explanation in
 2139  writing to the insured of the basis in the insurance policy, in
 2140  relation to the facts or applicable law, for denial of a claim
 2141  or for the offer of a compromise settlement;
 2142         g. Failing to promptly notify the insured of any additional
 2143  information necessary for the processing of a claim; or
 2144         h. Failing to clearly explain the nature of the requested
 2145  information and the reasons why such information is necessary.
 2146         i. Failing to pay personal injury protection insurance
 2147  claims within the time periods required by s. 627.736(4)(b). The
 2148  office may order the insurer to pay restitution to a
 2149  policyholder, medical provider, or other claimant, including
 2150  interest at a rate consistent with the amount set forth in s.
 2151  55.03(1), for the time period within which an insurer fails to
 2152  pay claims as required by law. Restitution is in addition to any
 2153  other penalties allowed by law, including, but not limited to,
 2154  the suspension of the insurer’s certificate of authority.
 2155         4. Failing to pay undisputed amounts of partial or full
 2156  benefits owed under first-party property insurance policies
 2157  within 90 days after an insurer receives notice of a residential
 2158  property insurance claim, determines the amounts of partial or
 2159  full benefits, and agrees to coverage, unless payment of the
 2160  undisputed benefits is prevented by an act of God, prevented by
 2161  the impossibility of performance, or due to actions by the
 2162  insured or claimant that constitute fraud, lack of cooperation,
 2163  or intentional misrepresentation regarding the claim for which
 2164  benefits are owed.
 2165         (o) Illegal dealings in premiums; excess or reduced charges
 2166  for insurance.—
 2167         1. Knowingly collecting any sum as a premium or charge for
 2168  insurance, which is not then provided, or is not in due course
 2169  to be provided, subject to acceptance of the risk by the
 2170  insurer, by an insurance policy issued by an insurer as
 2171  permitted by this code.
 2172         2. Knowingly collecting as a premium or charge for
 2173  insurance any sum in excess of or less than the premium or
 2174  charge applicable to such insurance, in accordance with the
 2175  applicable classifications and rates as filed with and approved
 2176  by the office, and as specified in the policy; or, in cases when
 2177  classifications, premiums, or rates are not required by this
 2178  code to be so filed and approved, premiums and charges collected
 2179  from a Florida resident in excess of or less than those
 2180  specified in the policy and as fixed by the insurer.
 2181  Notwithstanding any other provision of law, this provision shall
 2182  not be deemed to prohibit the charging and collection, by
 2183  surplus lines agents licensed under part VIII of this chapter,
 2184  of the amount of applicable state and federal taxes, or fees as
 2185  authorized by s. 626.916(4), in addition to the premium required
 2186  by the insurer or the charging and collection, by licensed
 2187  agents, of the exact amount of any discount or other such fee
 2188  charged by a credit card facility in connection with the use of
 2189  a credit card, as authorized by subparagraph (q)3., in addition
 2190  to the premium required by the insurer. This subparagraph shall
 2191  not be construed to prohibit collection of a premium for a
 2192  universal life or a variable or indeterminate value insurance
 2193  policy made in accordance with the terms of the contract.
 2194         3.a. Imposing or requesting an additional premium for
 2195  bodily injury liability coverage, property damage liability
 2196  coverage a policy of motor vehicle liability, personal injury
 2197  protection, medical payments coverage payment, or collision
 2198  coverage in a motor vehicle liability insurance policy insurance
 2199  or any combination thereof or refusing to renew the policy
 2200  solely because the insured was involved in a motor vehicle
 2201  accident unless the insurer’s file contains information from
 2202  which the insurer in good faith determines that the insured was
 2203  substantially at fault in the accident.
 2204         b. An insurer which imposes and collects such a surcharge
 2205  or which refuses to renew such policy shall, in conjunction with
 2206  the notice of premium due or notice of nonrenewal, notify the
 2207  named insured that he or she is entitled to reimbursement of
 2208  such amount or renewal of the policy under the conditions listed
 2209  below and will subsequently reimburse him or her or renew the
 2210  policy, if the named insured demonstrates that the operator
 2211  involved in the accident was:
 2212         (I) Lawfully parked;
 2213         (II) Reimbursed by, or on behalf of, a person responsible
 2214  for the accident or has a judgment against such person;
 2215         (III) Struck in the rear by another vehicle headed in the
 2216  same direction and was not convicted of a moving traffic
 2217  violation in connection with the accident;
 2218         (IV) Hit by a “hit-and-run” driver, if the accident was
 2219  reported to the proper authorities within 24 hours after
 2220  discovering the accident;
 2221         (V) Not convicted of a moving traffic violation in
 2222  connection with the accident, but the operator of the other
 2223  automobile involved in such accident was convicted of a moving
 2224  traffic violation;
 2225         (VI) Finally adjudicated not to be liable by a court of
 2226  competent jurisdiction;
 2227         (VII) In receipt of a traffic citation which was dismissed
 2228  or nolle prossed; or
 2229         (VIII) Not at fault as evidenced by a written statement
 2230  from the insured establishing facts demonstrating lack of fault
 2231  which are not rebutted by information in the insurer’s file from
 2232  which the insurer in good faith determines that the insured was
 2233  substantially at fault.
 2234         c. In addition to the other provisions of this
 2235  subparagraph, an insurer may not fail to renew a policy if the
 2236  insured has had only one accident in which he or she was at
 2237  fault within the current 3-year period. However, an insurer may
 2238  nonrenew a policy for reasons other than accidents in accordance
 2239  with s. 627.728. This subparagraph does not prohibit nonrenewal
 2240  of a policy under which the insured has had three or more
 2241  accidents, regardless of fault, during the most recent 3-year
 2242  period.
 2243         4. Imposing or requesting an additional premium for, or
 2244  refusing to renew, a policy for motor vehicle insurance solely
 2245  because the insured committed a noncriminal traffic infraction
 2246  as described in s. 318.14 unless the infraction is:
 2247         a. A second infraction committed within an 18-month period,
 2248  or a third or subsequent infraction committed within a 36-month
 2249  period.
 2250         b. A violation of s. 316.183, when such violation is a
 2251  result of exceeding the lawful speed limit by more than 15 miles
 2252  per hour.
 2253         5. Upon the request of the insured, the insurer and
 2254  licensed agent shall supply to the insured the complete proof of
 2255  fault or other criteria which justifies the additional charge or
 2256  cancellation.
 2257         6. No insurer shall impose or request an additional premium
 2258  for motor vehicle insurance, cancel or refuse to issue a policy,
 2259  or refuse to renew a policy because the insured or the applicant
 2260  is a handicapped or physically disabled person, so long as such
 2261  handicap or physical disability does not substantially impair
 2262  such person’s mechanically assisted driving ability.
 2263         7. No insurer may cancel or otherwise terminate any
 2264  insurance contract or coverage, or require execution of a
 2265  consent to rate endorsement, during the stated policy term for
 2266  the purpose of offering to issue, or issuing, a similar or
 2267  identical contract or coverage to the same insured with the same
 2268  exposure at a higher premium rate or continuing an existing
 2269  contract or coverage with the same exposure at an increased
 2270  premium.
 2271         8. No insurer may issue a nonrenewal notice on any
 2272  insurance contract or coverage, or require execution of a
 2273  consent to rate endorsement, for the purpose of offering to
 2274  issue, or issuing, a similar or identical contract or coverage
 2275  to the same insured at a higher premium rate or continuing an
 2276  existing contract or coverage at an increased premium without
 2277  meeting any applicable notice requirements.
 2278         9. No insurer shall, with respect to premiums charged for
 2279  motor vehicle insurance, unfairly discriminate solely on the
 2280  basis of age, sex, marital status, or scholastic achievement.
 2281         10. Imposing or requesting an additional premium for motor
 2282  vehicle comprehensive or uninsured motorist coverage solely
 2283  because the insured was involved in a motor vehicle accident or
 2284  was convicted of a moving traffic violation.
 2285         11. No insurer shall cancel or issue a nonrenewal notice on
 2286  any insurance policy or contract without complying with any
 2287  applicable cancellation or nonrenewal provision required under
 2288  the Florida Insurance Code.
 2289         12. No insurer shall impose or request an additional
 2290  premium, cancel a policy, or issue a nonrenewal notice on any
 2291  insurance policy or contract because of any traffic infraction
 2292  when adjudication has been withheld and no points have been
 2293  assessed pursuant to s. 318.14(9) and (10). However, this
 2294  subparagraph does not apply to traffic infractions involving
 2295  accidents in which the insurer has incurred a loss due to the
 2296  fault of the insured.
 2297         Section 37. Paragraph (a) of subsection (1) of section
 2298  626.989, Florida Statutes, is amended to read:
 2299         626.989 Investigation by department or Division of
 2300  Investigative and Forensic Services; compliance; immunity;
 2301  confidential information; reports to division; division
 2302  investigator’s power of arrest.—
 2303         (1) For the purposes of this section:
 2304         (a) A person commits a “fraudulent insurance act” if the
 2305  person:
 2306         1. Knowingly and with intent to defraud presents, causes to
 2307  be presented, or prepares with knowledge or belief that it will
 2308  be presented, to or by an insurer, self-insurer, self-insurance
 2309  fund, servicing corporation, purported insurer, broker, or any
 2310  agent thereof, any written statement as part of, or in support
 2311  of, an application for the issuance of, or the rating of, any
 2312  insurance policy, or a claim for payment or other benefit
 2313  pursuant to any insurance policy, which the person knows to
 2314  contain materially false information concerning any fact
 2315  material thereto or if the person conceals, for the purpose of
 2316  misleading another, information concerning any fact material
 2317  thereto.
 2318         2. Knowingly submits:
 2319         a. A false, misleading, or fraudulent application or other
 2320  document when applying for licensure as a health care clinic,
 2321  seeking an exemption from licensure as a health care clinic, or
 2322  demonstrating compliance with part X of chapter 400 with an
 2323  intent to use the license, exemption from licensure, or
 2324  demonstration of compliance to provide services or seek
 2325  reimbursement under a motor vehicle liability insurance policy’s
 2326  medical payments coverage the Florida Motor Vehicle No-Fault
 2327  Law.
 2328         b. A claim for payment or other benefit under medical
 2329  payments coverage, pursuant to a personal injury protection
 2330  insurance policy under the Florida Motor Vehicle No-Fault Law if
 2331  the person knows that the payee knowingly submitted a false,
 2332  misleading, or fraudulent application or other document when
 2333  applying for licensure as a health care clinic, seeking an
 2334  exemption from licensure as a health care clinic, or
 2335  demonstrating compliance with part X of chapter 400.
 2336         Section 38. Subsection (1) of section 627.06501, Florida
 2337  Statutes, is amended to read:
 2338         627.06501 Insurance discounts for certain persons
 2339  completing driver improvement course.—
 2340         (1) Any rate, rating schedule, or rating manual for the
 2341  liability, medical payments personal injury protection, and
 2342  collision coverages of a motor vehicle insurance policy filed
 2343  with the office may provide for an appropriate reduction in
 2344  premium charges as to such coverages if when the principal
 2345  operator on the covered vehicle has successfully completed a
 2346  driver improvement course approved and certified by the
 2347  Department of Highway Safety and Motor Vehicles which is
 2348  effective in reducing crash or violation rates, or both, as
 2349  determined pursuant to s. 318.1451(5). Any discount, not to
 2350  exceed 10 percent, used by an insurer is presumed to be
 2351  appropriate unless credible data demonstrates otherwise.
 2352         Section 39. Subsection (15) is added to section 627.0651,
 2353  Florida Statutes, to read:
 2354         627.0651 Making and use of rates for motor vehicle
 2355  insurance.—
 2356         (15) Initial rate filings for motor vehicle liability
 2357  policies which are submitted to the office on or after January
 2358  1, 2022, must reflect the financial responsibility requirements
 2359  in s. 324.022 then in effect and may be approved only through
 2360  the file and use process under s. 627.0651(1)(a).
 2361         Section 40. Subsection (1) of section 627.0652, Florida
 2362  Statutes, is amended to read:
 2363         627.0652 Insurance discounts for certain persons completing
 2364  safety course.—
 2365         (1) Any rates, rating schedules, or rating manuals for the
 2366  liability, medical payments personal injury protection, and
 2367  collision coverages of a motor vehicle insurance policy filed
 2368  with the office must shall provide for an appropriate reduction
 2369  in premium charges as to such coverages if when the principal
 2370  operator on the covered vehicle is an insured 55 years of age or
 2371  older who has successfully completed a motor vehicle accident
 2372  prevention course approved by the Department of Highway Safety
 2373  and Motor Vehicles. Any discount used by an insurer is presumed
 2374  to be appropriate unless credible data demonstrates otherwise.
 2375         Section 41. Subsections (1), (3), and (6) of section
 2376  627.0653, Florida Statutes, are amended to read:
 2377         627.0653 Insurance discounts for specified motor vehicle
 2378  equipment.—
 2379         (1) Any rates, rating schedules, or rating manuals for the
 2380  liability, medical payments personal injury protection, and
 2381  collision coverages of a motor vehicle insurance policy filed
 2382  with the office must shall provide a premium discount if the
 2383  insured vehicle is equipped with factory-installed, four-wheel
 2384  antilock brakes.
 2385         (3) Any rates, rating schedules, or rating manuals for
 2386  personal injury protection coverage and medical payments
 2387  coverage, if offered, of a motor vehicle insurance policy filed
 2388  with the office must shall provide a premium discount if the
 2389  insured vehicle is equipped with one or more air bags that which
 2390  are factory installed.
 2391         (6) The Office of Insurance Regulation may approve a
 2392  premium discount to any rates, rating schedules, or rating
 2393  manuals for the liability, medical payments personal injury
 2394  protection, and collision coverages of a motor vehicle insurance
 2395  policy filed with the office if the insured vehicle is equipped
 2396  with an automated driving system or electronic vehicle collision
 2397  avoidance technology that is factory installed or a retrofitted
 2398  system and that complies with National Highway Traffic Safety
 2399  Administration standards.
 2400         Section 42. Section 627.4132, Florida Statutes, is amended
 2401  to read:
 2402         627.4132 Stacking of coverages prohibited.—If an insured or
 2403  named insured is protected by any type of motor vehicle
 2404  insurance policy for bodily injury and property damage
 2405  liability, personal injury protection, or other coverage, the
 2406  policy must shall provide that the insured or named insured is
 2407  protected only to the extent of the coverage she or he has on
 2408  the vehicle involved in the accident. However, if none of the
 2409  insured’s or named insured’s vehicles are is involved in the
 2410  accident, coverage is available only to the extent of coverage
 2411  on any one of the vehicles with applicable coverage. Coverage on
 2412  any other vehicles may shall not be added to or stacked upon
 2413  that coverage. This section does not apply:
 2414         (1) Apply to uninsured motorist coverage that which is
 2415  separately governed by s. 627.727.
 2416         (2) To Reduce the coverage available by reason of insurance
 2417  policies insuring different named insureds.
 2418         Section 43. Subsection (1) of section 627.4137, Florida
 2419  Statutes, is amended to read:
 2420         627.4137 Disclosure of certain information required.—
 2421         (1) Each insurer which does or may provide liability
 2422  insurance coverage to pay all or a portion of any claim which
 2423  might be made shall provide, within 30 days of the written
 2424  request of the claimant or the claimant’s attorney, a statement,
 2425  under oath, of a corporate officer or the insurer’s claims
 2426  manager or superintendent setting forth the following
 2427  information with regard to each known policy of insurance,
 2428  including excess or umbrella insurance:
 2429         (a) The name of the insurer.
 2430         (b) The name of each insured.
 2431         (c) The limits of the liability coverage.
 2432         (d) A statement of any policy or coverage defense which
 2433  such insurer reasonably believes is available to such insurer at
 2434  the time of filing such statement.
 2435         (e) A copy of the policy.
 2436  
 2437  In addition, the insured, or her or his insurance agent, upon
 2438  written request of the claimant or the claimant’s attorney,
 2439  shall disclose the name and coverage of each known insurer to
 2440  the claimant and shall forward such request for information as
 2441  required by this subsection to all affected insurers. The
 2442  insurer shall then supply the information required in this
 2443  subsection to the claimant within 30 days of receipt of such
 2444  request. If an insurer fails to timely comply with this section,
 2445  the claimant may file an action in a court of competent
 2446  jurisdiction to enforce this section. If the court determines
 2447  that the insurer violated this section, the claimant is entitled
 2448  to an award of reasonable attorney fees and costs to be paid by
 2449  the insurer.
 2450         Section 44. Section 627.7263, Florida Statutes, is amended
 2451  to read:
 2452         627.7263 Rental and leasing driver’s insurance to be
 2453  primary; exception.—
 2454         (1) The valid and collectible liability insurance and
 2455  medical payments coverage or personal injury protection
 2456  insurance providing coverage for the lessor of a motor vehicle
 2457  for rent or lease is primary unless otherwise stated in at least
 2458  10-point type on the face of the rental or lease agreement. Such
 2459  insurance is primary for the limits of liability and personal
 2460  injury protection coverage as required by s. 324.021(7) and the
 2461  medical payments coverage limit specified under s. 627.7265 ss.
 2462  324.021(7) and 627.736.
 2463         (2) If the lessee’s coverage is to be primary, the rental
 2464  or lease agreement must contain the following language, in at
 2465  least 10-point type:
 2466  
 2467  “The valid and collectible liability insurance and medical
 2468  payments coverage personal injury protection insurance of an any
 2469  authorized rental or leasing driver is primary for the limits of
 2470  liability and personal injury protection coverage required under
 2471  section 324.021(7), Florida Statutes, and the medical payments
 2472  coverage limit specified under section 627.7265 by ss.
 2473  324.021(7) and 627.736, Florida Statutes.”
 2474         Section 45. Section 627.7265, Florida Statutes, is created
 2475  to read:
 2476         627.7265 Motor vehicle insurance; medical payments
 2477  coverage.—
 2478         (1)Medical payments coverage must protect the named
 2479  insured, resident relatives, persons operating the insured motor
 2480  vehicle, passengers in the insured motor vehicle, and persons
 2481  who are struck by the insured motor vehicle and suffer bodily
 2482  injury while not an occupant of a self-propelled motor vehicle
 2483  at a limit of at least $5,000 for medical expense incurred due
 2484  to bodily injury, sickness, or disease arising out of the
 2485  ownership, maintenance, or use of a motor vehicle. Medical
 2486  payments coverage must pay for reasonable expenses for necessary
 2487  medical, diagnostic, and rehabilitative services that are
 2488  lawfully provided, supervised, ordered, or prescribed by a
 2489  physician licensed under chapter 458 or chapter 459, by a
 2490  dentist licensed under chapter 466, or by a chiropractic
 2491  physician licensed under chapter 460 or that are provided in a
 2492  hospital or in a facility that owns, or is wholly owned by, a
 2493  hospital. The coverage must provide an additional death benefit
 2494  of at least $5,000.
 2495         (a) Before issuing a motor vehicle liability insurance
 2496  policy that is furnished as proof of financial responsibility
 2497  under s. 324.031, the insurer must offer medical payments
 2498  coverage at limits of $5,000 and $10,000. The insurer may also
 2499  offer medical payments coverage at any limit greater than
 2500  $5,000.
 2501         (b)The medical payments coverage must be offered with an
 2502  option with no deductible. The insurer may also offer medical
 2503  payments coverage with a deductible not to exceed $500.
 2504         (c) This section may not be construed to limit any other
 2505  coverage made available by an insurer.
 2506         (2)Upon receiving notice of an accident that is
 2507  potentially covered by medical payments coverage benefits, the
 2508  insurer must reserve $5,000 of medical payments coverage
 2509  benefits for payment to physicians licensed under chapter 458 or
 2510  chapter 459 or dentists licensed under chapter 466 who provide
 2511  emergency services and care, as defined in s. 395.002, or who
 2512  provide hospital inpatient care. The amount required to be held
 2513  in reserve may be used only to pay claims from such physicians
 2514  or dentists until 30 days after the date the insurer receives
 2515  notice of the accident. After the 30-day period, any amount of
 2516  the reserve for which the insurer has not received notice of
 2517  such claims may be used by the insurer to pay other claims. This
 2518  subsection does not require an insurer to establish a claim
 2519  reserve for insurance accounting purposes.
 2520         (3)An insurer providing medical payments coverage benefits
 2521  may not:
 2522         (a)Seek a lien on any recovery in tort by judgment,
 2523  settlement, or otherwise for medical payments coverage benefits,
 2524  regardless of whether suit has been filed or settlement has been
 2525  reached without suit; or
 2526         (b)Bring a cause of action against a person to whom or for
 2527  whom medical payments coverage benefits were paid, except when
 2528  medical payments coverage benefits were paid by reason of fraud
 2529  committed by that person.
 2530         (4)An insurer providing medical payments coverage may
 2531  include provisions in its policy allowing for subrogation for
 2532  medical payments coverage benefits paid if the expenses giving
 2533  rise to the payments were caused by the wrongful act or omission
 2534  of another who is not also an insured under the policy paying
 2535  the medical payments coverage benefits. However, this
 2536  subrogation right is inferior to the rights of the injured
 2537  insured and is available only after all the insured’s damages
 2538  are recovered and the insured is made whole. An insured who
 2539  obtains a recovery from a third party of the full amount of the
 2540  damages sustained and delivers a release or satisfaction that
 2541  impairs a medical payments insurer’s subrogation right is liable
 2542  to the insurer for repayment of medical payments coverage
 2543  benefits less any expenses of acquiring the recovery, including
 2544  a prorated share of attorney fees and costs, and shall hold that
 2545  net recovery in trust to be delivered to the medical payments
 2546  insurer. The insurer may not include any provision in its policy
 2547  allowing for subrogation for any death benefit paid.
 2548         Section 46. Subsections (1) and (7) of section 627.727,
 2549  Florida Statutes, are amended to read:
 2550         627.727 Motor vehicle insurance; uninsured and underinsured
 2551  vehicle coverage; insolvent insurer protection.—
 2552         (1) A No motor vehicle liability insurance policy that
 2553  which provides bodily injury liability coverage may not shall be
 2554  delivered or issued for delivery in this state with respect to
 2555  any specifically insured or identified motor vehicle registered
 2556  or principally garaged in this state, unless uninsured motor
 2557  vehicle coverage is provided therein or supplemental thereto for
 2558  the protection of persons insured thereunder who are legally
 2559  entitled to recover damages from owners or operators of
 2560  uninsured motor vehicles because of bodily injury, sickness, or
 2561  disease, including death, resulting therefrom. However, the
 2562  coverage required under this section is not applicable if when,
 2563  or to the extent that, an insured named in the policy makes a
 2564  written rejection of the coverage on behalf of all insureds
 2565  under the policy. If When a motor vehicle is leased for a period
 2566  of 1 year or longer and the lessor of such vehicle, by the terms
 2567  of the lease contract, provides liability coverage on the leased
 2568  vehicle, the lessee of such vehicle has shall have the sole
 2569  privilege to reject uninsured motorist coverage or to select
 2570  lower limits than the bodily injury liability limits, regardless
 2571  of whether the lessor is qualified as a self-insurer pursuant to
 2572  s. 324.171. Unless an insured, or a lessee having the privilege
 2573  of rejecting uninsured motorist coverage, requests such coverage
 2574  or requests higher uninsured motorist limits in writing, the
 2575  coverage or such higher uninsured motorist limits need not be
 2576  provided in or supplemental to any other policy that which
 2577  renews, extends, changes, supersedes, or replaces an existing
 2578  policy with the same bodily injury liability limits when an
 2579  insured or lessee had rejected the coverage. When an insured or
 2580  lessee has initially selected limits of uninsured motorist
 2581  coverage lower than her or his bodily injury liability limits,
 2582  higher limits of uninsured motorist coverage need not be
 2583  provided in or supplemental to any other policy that which
 2584  renews, extends, changes, supersedes, or replaces an existing
 2585  policy with the same bodily injury liability limits unless an
 2586  insured requests higher uninsured motorist coverage in writing.
 2587  The rejection or selection of lower limits must shall be made on
 2588  a form approved by the office. The form must shall fully advise
 2589  the applicant of the nature of the coverage and must shall state
 2590  that the coverage is equal to bodily injury liability limits
 2591  unless lower limits are requested or the coverage is rejected.
 2592  The heading of the form must shall be in 12-point bold type and
 2593  must shall state: “You are electing not to purchase certain
 2594  valuable coverage that which protects you and your family or you
 2595  are purchasing uninsured motorist limits less than your bodily
 2596  injury liability limits when you sign this form. Please read
 2597  carefully.” If this form is signed by a named insured, it will
 2598  be conclusively presumed that there was an informed, knowing
 2599  rejection of coverage or election of lower limits on behalf of
 2600  all insureds. The insurer shall notify the named insured at
 2601  least annually of her or his options as to the coverage required
 2602  by this section. Such notice must shall be part of, and attached
 2603  to, the notice of premium, must shall provide for a means to
 2604  allow the insured to request such coverage, and must shall be
 2605  given in a manner approved by the office. Receipt of this notice
 2606  does not constitute an affirmative waiver of the insured’s right
 2607  to uninsured motorist coverage if where the insured has not
 2608  signed a selection or rejection form. The coverage described
 2609  under this section must shall be over and above, but may shall
 2610  not duplicate, the benefits available to an insured under any
 2611  workers’ compensation law, personal injury protection benefits,
 2612  disability benefits law, or similar law; under any automobile
 2613  medical payments expense coverage; under any motor vehicle
 2614  liability insurance coverage; or from the owner or operator of
 2615  the uninsured motor vehicle or any other person or organization
 2616  jointly or severally liable together with such owner or operator
 2617  for the accident,; and such coverage must shall cover the
 2618  difference, if any, between the sum of such benefits and the
 2619  damages sustained, up to the maximum amount of such coverage
 2620  provided under this section. The amount of coverage available
 2621  under this section may shall not be reduced by a setoff against
 2622  any coverage, including liability insurance. Such coverage does
 2623  shall not inure directly or indirectly to the benefit of any
 2624  workers’ compensation or disability benefits carrier or any
 2625  person or organization qualifying as a self-insurer under any
 2626  workers’ compensation or disability benefits law or similar law.
 2627         (7) The legal liability of an uninsured motorist coverage
 2628  insurer includes does not include damages in tort for pain,
 2629  suffering, disability or physical impairment, disfigurement,
 2630  mental anguish, and inconvenience, and the loss of capacity for
 2631  the enjoyment of life experienced in the past and to be
 2632  experienced in the future unless the injury or disease is
 2633  described in one or more of paragraphs (a)-(d) of s. 627.737(2).
 2634         Section 47. Section 627.7275, Florida Statutes, is amended
 2635  to read:
 2636         627.7275 Motor vehicle liability.—
 2637         (1) A motor vehicle insurance policy providing personal
 2638  injury protection as set forth in s. 627.736 may not be
 2639  delivered or issued for delivery in this state for a with
 2640  respect to any specifically insured or identified motor vehicle
 2641  registered or principally garaged in this state must provide
 2642  bodily injury liability coverage and unless the policy also
 2643  provides coverage for property damage liability coverage as
 2644  required under by s. 324.022.
 2645         (2)(a) Insurers writing motor vehicle insurance in this
 2646  state shall make available, subject to the insurers’ usual
 2647  underwriting restrictions:
 2648         1. Coverage under policies as described in subsection (1)
 2649  to an applicant for private passenger motor vehicle insurance
 2650  coverage who is seeking the coverage in order to reinstate the
 2651  applicant’s driving privileges in this state if the driving
 2652  privileges were revoked or suspended pursuant to s. 316.646 or
 2653  s. 324.0221 due to the failure of the applicant to maintain
 2654  required security.
 2655         2. Coverage under policies as described in subsection (1),
 2656  which includes bodily injury also provides liability coverage
 2657  and property damage liability coverage, for bodily injury,
 2658  death, and property damage arising out of the ownership,
 2659  maintenance, or use of the motor vehicle in an amount not less
 2660  than the minimum limits required under described in s.
 2661  324.021(7) or s. 324.023 and which conforms to the requirements
 2662  of s. 324.151, to an applicant for private passenger motor
 2663  vehicle insurance coverage who is seeking the coverage in order
 2664  to reinstate the applicant’s driving privileges in this state
 2665  after such privileges were revoked or suspended under s. 316.193
 2666  or s. 322.26(2) for driving under the influence.
 2667         3.Coverage that provides bodily injury liability coverage
 2668  and property damage liability coverage in the amounts specified
 2669  in s. 324.022(1)(c). An insurer may deliver or issue for
 2670  delivery only a policy providing such coverage to an applicant
 2671  or insured who, before the issuance or renewal of the policy,
 2672  represents to the insurer in writing or electronically that such
 2673  person:
 2674         a. Has a household income that is 200 percent or less of
 2675  the most current federal poverty guidelines established by the
 2676  United States Department of Health and Human Services. An
 2677  insurer must, before accepting such representation, provide
 2678  written or electronic notice to the applicant or insured
 2679  regarding the dollar amounts that constitute a household income
 2680  that is 200 percent of the most current federal poverty
 2681  guidelines. An insurer is not required to verify the veracity of
 2682  the applicant’s or insured’s representation. However, an insurer
 2683  may not deny or exclude liability coverage under the policy
 2684  solely because such representation of the applicant or insured
 2685  was false.
 2686         b.Meets the definition of a full-time student in a
 2687  secondary education program under s. 1011.61(1)(a), or meets the
 2688  definition of a full-time student in a postsecondary education
 2689  program under s. 1009.40. An insurer must, before accepting such
 2690  representation, provide written or electronic notice to the
 2691  applicant or insured regarding the number of educational hours
 2692  that meet the definition of a full-time student. An insurer is
 2693  not required to verify the veracity of the applicant’s or
 2694  insured’s representation. However, an insurer may not deny or
 2695  exclude liability coverage under the policy solely because such
 2696  representation of the applicant or insured was false.
 2697         (b) The policies described in subparagraphs (a)1. and (a)2.
 2698  must paragraph (a) shall be issued for at least 6 months and, as
 2699  to the minimum coverages required under this section, may not be
 2700  canceled by the insured for any reason or by the insurer after
 2701  60 days, during which period the insurer is completing the
 2702  underwriting of the policy. After the insurer has completed
 2703  underwriting the policy, the insurer shall notify the Department
 2704  of Highway Safety and Motor Vehicles that the policy is in full
 2705  force and effect and is not cancelable for the remainder of the
 2706  policy period. A premium must shall be collected and the
 2707  coverage is in effect for the 60-day period during which the
 2708  insurer is completing the underwriting of the policy, whether or
 2709  not the person’s driver license, motor vehicle tag, and motor
 2710  vehicle registration are in effect. Once the noncancelable
 2711  provisions of the policy become effective, the bodily injury
 2712  liability and property damage liability coverages for bodily
 2713  injury, property damage, and personal injury protection may not
 2714  be reduced below the minimum limits required under s. 324.021 or
 2715  s. 324.023 during the policy period.
 2716         (c) This subsection controls to the extent of any conflict
 2717  with any other section.
 2718         (d) An insurer issuing a policy subject to this section may
 2719  cancel the policy if, during the policy term, the named insured,
 2720  or any other operator who resides in the same household or
 2721  customarily operates an automobile insured under the policy, has
 2722  his or her driver license suspended or revoked.
 2723         (e) This subsection does not require an insurer to offer a
 2724  policy of insurance to an applicant if such offer would be
 2725  inconsistent with the insurer’s underwriting guidelines and
 2726  procedures.
 2727         Section 48. Effective upon this act becoming a law, section
 2728  627.7278, Florida Statutes, is created to read:
 2729         627.7278Applicability and construction; notice to
 2730  policyholders.—
 2731         (1) As used in this section, the term “minimum security
 2732  requirements” means security that enables a person to respond in
 2733  damages for liability on account of crashes arising out of the
 2734  ownership, maintenance, or use of a motor vehicle, in the
 2735  amounts required by s. 324.022(1), as amended by this act.
 2736         (2) Effective January 1, 2022:
 2737         (a) Motor vehicle insurance policies issued or renewed on
 2738  or after that date may not include personal injury protection.
 2739         (b) All persons subject to s. 324.022, s. 324.032, s.
 2740  627.7415, or s. 627.742 must maintain at least minimum security
 2741  requirements.
 2742         (c) Any new or renewal motor vehicle insurance policy
 2743  delivered or issued for delivery in this state must provide
 2744  coverage that complies with minimum security requirements.
 2745         (d) An existing motor vehicle insurance policy issued
 2746  before that date which provides personal injury protection and
 2747  property damage liability coverage that meets the requirements
 2748  of s. 324.022 on December 31, 2021, but which does not meet
 2749  minimum security requirements on or after January 1, 2022, is
 2750  deemed to meet minimum security requirements until such policy
 2751  is renewed, nonrenewed, or canceled on or after January 1, 2022.
 2752  Sections 627.730-627.7405, 400.9905, 400.991, 456.057, 456.072,
 2753  627.7263, 627.727, 627.748, 627.9541(1)(i), and 817.234, Florida
 2754  Statutes 2020, remain in full force and effect for motor vehicle
 2755  accidents covered under a policy issued under the Florida Motor
 2756  Vehicle No-Fault Law before January 1, 2022, until the policy is
 2757  renewed, nonrenewed, or canceled.
 2758         (3) Each insurer shall allow each insured who has a new or
 2759  renewal policy providing personal injury protection which
 2760  becomes effective before January 1, 2022, and whose policy does
 2761  not meet minimum security requirements on or after January 1,
 2762  2022, to change coverages so as to eliminate personal injury
 2763  protection and obtain coverage providing minimum security
 2764  requirements, which shall be effective on or after January 1,
 2765  2022. The insurer is not required to provide coverage complying
 2766  with minimum security requirements in such policies if the
 2767  insured does not pay the required premium, if any, by January 1,
 2768  2022, or such later date as the insurer may allow. The insurer
 2769  also shall offer each insured medical payments coverage pursuant
 2770  to s. 627.7265. Any reduction in the premium must be refunded by
 2771  the insurer. The insurer may not impose on the insured an
 2772  additional fee or charge that applies solely to a change in
 2773  coverage; however, the insurer may charge an additional required
 2774  premium that is actuarially indicated.
 2775         (4) By September 1, 2021, each motor vehicle insurer shall
 2776  provide notice of this section to each motor vehicle
 2777  policyholder who is subject to this section. The notice is
 2778  subject to approval by the office and must clearly inform the
 2779  policyholder that:
 2780         (a) The Florida Motor Vehicle No-Fault Law is repealed
 2781  effective January 1, 2022, and that on or after that date, the
 2782  insured is no longer required to maintain personal injury
 2783  protection insurance coverage, that personal injury protection
 2784  coverage is no longer available for purchase in this state, and
 2785  that all new or renewal policies issued on or after that date
 2786  will not contain that coverage.
 2787         (b) Effective January 1, 2022, a person subject to the
 2788  financial responsibility requirements of s. 324.022 must
 2789  maintain minimum security requirements that enable the person to
 2790  respond to damages for liability on account of accidents arising
 2791  out of the use of a motor vehicle in the following amounts:
 2792         1. Twenty-five thousand dollars for bodily injury to, or
 2793  the death of, one person in any one crash and, subject to such
 2794  limits for one person, in the amount of $50,000 for bodily
 2795  injury to, or the death of, two or more persons in any one
 2796  crash; and
 2797         2.Ten thousand dollars for damage to, or destruction of,
 2798  the property of others in any one crash.
 2799         (c)Persons subject to the financial responsibility
 2800  requirements of s. 324.022 who have a household income of 200
 2801  percent or less of the federal poverty guidelines or who are
 2802  full-time secondary or postsecondary students may instead
 2803  maintain minimum security requirements that enable the person to
 2804  respond to damages for liability on account of accidents arising
 2805  out of the use of a motor vehicle in the following amounts:
 2806         1. Fifteen thousand dollars for bodily injury to, or the
 2807  death of, one person in any one crash and, subject to such
 2808  limits for one person, in the amount of $30,000 for bodily
 2809  injury to, or the death of, two or more persons in any one
 2810  crash; and
 2811         2.Ten thousand dollars for damage to, or destruction of,
 2812  the property of others in any one crash.
 2813         (d) Bodily injury liability coverage protects the insured,
 2814  up to the coverage limits, against loss if the insured is
 2815  legally responsible for the death of or bodily injury to others
 2816  in a motor vehicle accident.
 2817         (e) Effective January 1, 2022, each policyholder of motor
 2818  vehicle liability insurance purchased as proof of financial
 2819  responsibility must be offered medical payments coverage
 2820  benefits that comply with s. 627.7265. The insurer must offer
 2821  medical payments coverage at limits of $5,000 and $10,000
 2822  without a deductible. The insurer may also offer medical
 2823  payments coverage at other limits greater than $5,000 and may
 2824  offer coverage with a deductible of up to $500. Medical payments
 2825  coverage pays covered medical expenses, up to the limits of such
 2826  coverage, for injuries sustained in a motor vehicle crash by the
 2827  named insured, resident relatives, persons operating the insured
 2828  motor vehicle, passengers in the insured motor vehicle, and
 2829  persons who are struck by the insured motor vehicle and suffer
 2830  bodily injury while not an occupant of a self-propelled motor
 2831  vehicle as provided in s. 627.7265. Medical payments coverage
 2832  pays for reasonable expenses for necessary medical, diagnostic,
 2833  and rehabilitative services that are lawfully provided,
 2834  supervised, ordered, or prescribed by a physician licensed under
 2835  chapter 458 or chapter 459, by a dentist licensed under chapter
 2836  466, or by a chiropractic physician licensed under chapter 460
 2837  or that are provided in a hospital or in a facility that owns,
 2838  or is wholly owned by, a hospital. Medical payments coverage
 2839  also provides a death benefit of at least $5,000.
 2840         (f) The policyholder may obtain uninsured and underinsured
 2841  motorist coverage that provides benefits, up to the limits of
 2842  such coverage, to a policyholder or other insured entitled to
 2843  recover damages for bodily injury, sickness, disease, or death
 2844  resulting from a motor vehicle accident with an uninsured or
 2845  underinsured owner or operator of a motor vehicle.
 2846         (g) If the policyholder’s new or renewal motor vehicle
 2847  insurance policy is effective before January 1, 2022, and
 2848  contains personal injury protection and property damage
 2849  liability coverage as required by state law before January 1,
 2850  2022, but does not meet minimum security requirements on or
 2851  after January 1, 2022, the policy is deemed to meet minimum
 2852  security requirements until it is renewed, nonrenewed, or
 2853  canceled on or after January 1, 2022.
 2854         (h) A policyholder whose new or renewal policy becomes
 2855  effective before January 1, 2022, but does not meet minimum
 2856  security requirements on or after January 1, 2022, may change
 2857  coverages under the policy so as to eliminate personal injury
 2858  protection and to obtain coverage providing minimum security
 2859  requirements, including bodily injury liability coverage, which
 2860  are effective on or after January 1, 2022.
 2861         (i) If the policyholder has any questions, he or she should
 2862  contact the person named at the telephone number provided in the
 2863  notice.
 2864         Section 49. Paragraph (a) of subsection (1) of section
 2865  627.728, Florida Statutes, is amended to read:
 2866         627.728 Cancellations; nonrenewals.—
 2867         (1) As used in this section, the term:
 2868         (a) “Policy” means the bodily injury and property damage
 2869  liability, personal injury protection, medical payments,
 2870  comprehensive, collision, and uninsured motorist coverage
 2871  portions of a policy of motor vehicle insurance delivered or
 2872  issued for delivery in this state:
 2873         1. Insuring a natural person as named insured or one or
 2874  more related individuals who are residents resident of the same
 2875  household; and
 2876         2. Insuring only a motor vehicle of the private passenger
 2877  type or station wagon type which is not used as a public or
 2878  livery conveyance for passengers or rented to others; or
 2879  insuring any other four-wheel motor vehicle having a load
 2880  capacity of 1,500 pounds or less which is not used in the
 2881  occupation, profession, or business of the insured other than
 2882  farming; other than any policy issued under an automobile
 2883  insurance assigned risk plan or covering garage, automobile
 2884  sales agency, repair shop, service station, or public parking
 2885  place operation hazards.
 2886  
 2887  The term “policy” does not include a binder as defined in s.
 2888  627.420 unless the duration of the binder period exceeds 60
 2889  days.
 2890         Section 50. Section 627.7288, Florida Statutes, is amended
 2891  to read:
 2892         627.7288 Comprehensive coverage; deductibles for deductible
 2893  not to apply to motor vehicle glass.—
 2894         (1)Authorized insurers must offer motor vehicle insurance
 2895  that does not apply any The deductible provisions of the any
 2896  policy of motor vehicle insurance to, delivered or issued in
 2897  this state by an authorized insurer, providing comprehensive
 2898  coverage or combined additional coverage that is shall not be
 2899  applicable to damage to the windshield of any motor vehicle
 2900  covered under such policy.
 2901         (2)An insurer may also offer, for an actuarially
 2902  reasonable premium credit or discount, a separate deductible no
 2903  greater than $200 for damage to the windshield of any motor
 2904  vehicle covered under a motor vehicle insurance policy delivered
 2905  or issued by the insurer in this state.
 2906         Section 51. Subsection (1), paragraph (a) of subsection
 2907  (5), and subsections (6) and (7) of section 627.7295, Florida
 2908  Statutes, are amended to read:
 2909         627.7295 Motor vehicle insurance contracts.—
 2910         (1) As used in this section, the term:
 2911         (a) “Policy” means a motor vehicle insurance policy that
 2912  provides bodily injury liability personal injury protection
 2913  coverage and, property damage liability coverage, or both.
 2914         (b) “Binder” means a binder that provides motor vehicle
 2915  bodily injury liability coverage personal injury protection and
 2916  property damage liability coverage.
 2917         (5)(a) A licensed general lines agent may charge a per
 2918  policy fee of up to not to exceed $10 to cover the
 2919  administrative costs of the agent associated with selling the
 2920  motor vehicle insurance policy if the policy covers only bodily
 2921  injury liability coverage personal injury protection coverage as
 2922  provided by s. 627.736 and property damage liability coverage as
 2923  provided by s. 627.7275 and if no other insurance is sold or
 2924  issued in conjunction with or collateral to the policy. The fee
 2925  is not considered part of the premium.
 2926         (6) If a motor vehicle owner’s driver license, license
 2927  plate, and registration have previously been suspended pursuant
 2928  to s. 316.646 or s. 627.733, an insurer may cancel a new policy
 2929  only as provided in s. 627.7275.
 2930         (7) A policy of private passenger motor vehicle insurance
 2931  or a binder for such a policy may be initially issued in this
 2932  state only if, before the effective date of such binder or
 2933  policy, the insurer or agent has collected from the insured an
 2934  amount equal to at least 1 month’s premium. An insurer, agent,
 2935  or premium finance company may not, directly or indirectly, take
 2936  any action that results resulting in the insured paying having
 2937  paid from the insured’s own funds an amount less than the 1
 2938  month’s premium required by this subsection. This subsection
 2939  applies without regard to whether the premium is financed by a
 2940  premium finance company or is paid pursuant to a periodic
 2941  payment plan of an insurer or an insurance agent.
 2942         (a) This subsection does not apply:
 2943         1. If an insured or member of the insured’s family is
 2944  renewing or replacing a policy or a binder for such policy
 2945  written by the same insurer or a member of the same insurer
 2946  group. This subsection does not apply
 2947         2. To an insurer that issues private passenger motor
 2948  vehicle coverage primarily to active duty or former military
 2949  personnel or their dependents. This subsection does not apply
 2950         3. If all policy payments are paid pursuant to a payroll
 2951  deduction plan, an automatic electronic funds transfer payment
 2952  plan from the policyholder, or a recurring credit card or debit
 2953  card agreement with the insurer.
 2954         (b) This subsection and subsection (4) do not apply if:
 2955         1. All policy payments to an insurer are paid pursuant to
 2956  an automatic electronic funds transfer payment plan from an
 2957  agent, a managing general agent, or a premium finance company
 2958  and if the policy includes, at a minimum, bodily injury
 2959  liability coverage and personal injury protection pursuant to
 2960  ss. 627.730-627.7405; motor vehicle property damage liability
 2961  coverage pursuant to s. 627.7275; or and bodily injury liability
 2962  in at least the amount of $10,000 because of bodily injury to,
 2963  or death of, one person in any one accident and in the amount of
 2964  $20,000 because of bodily injury to, or death of, two or more
 2965  persons in any one accident. This subsection and subsection (4)
 2966  do not apply if
 2967         2. An insured has had a policy in effect for at least 6
 2968  months, the insured’s agent is terminated by the insurer that
 2969  issued the policy, and the insured obtains coverage on the
 2970  policy’s renewal date with a new company through the terminated
 2971  agent.
 2972         Section 52. Section 627.7415, Florida Statutes, is amended
 2973  to read:
 2974         627.7415 Commercial motor vehicles; additional liability
 2975  insurance coverage.—Beginning January 1, 2022, commercial motor
 2976  vehicles, as defined in s. 207.002 or s. 320.01, operated upon
 2977  the roads and highways of this state must shall be insured with
 2978  the following minimum levels of combined bodily liability
 2979  insurance and property damage liability insurance in addition to
 2980  any other insurance requirements:
 2981         (1) Sixty Fifty thousand dollars per occurrence for a
 2982  commercial motor vehicle with a gross vehicle weight of 26,000
 2983  pounds or more, but less than 35,000 pounds.
 2984         (2) One hundred twenty thousand dollars per occurrence for
 2985  a commercial motor vehicle with a gross vehicle weight of 35,000
 2986  pounds or more, but less than 44,000 pounds.
 2987         (3) Three hundred thousand dollars per occurrence for a
 2988  commercial motor vehicle with a gross vehicle weight of 44,000
 2989  pounds or more.
 2990         (4) All commercial motor vehicles subject to regulations of
 2991  the United States Department of Transportation, 49 C.F.R. part
 2992  387, subpart A, and as may be hereinafter amended, shall be
 2993  insured in an amount equivalent to the minimum levels of
 2994  financial responsibility as set forth in such regulations.
 2995  
 2996  A violation of this section is a noncriminal traffic infraction,
 2997  punishable as a nonmoving violation as provided in chapter 318.
 2998         Section 53. Section 627.747, Florida Statutes, is created
 2999  to read:
 3000         627.747 Named driver exclusion.—
 3001         (1) A private passenger motor vehicle policy may exclude an
 3002  identified individual from the following coverages while the
 3003  identified individual is operating a motor vehicle, provided
 3004  that the identified individual is specifically excluded by name
 3005  on the declarations page or by endorsement and the policyholder
 3006  consents in writing to the exclusion:
 3007         (a) Property damage liability coverage.
 3008         (b) Bodily injury liability coverage.
 3009         (c) Uninsured motorist coverage for any damages sustained
 3010  by the identified excluded individual, if the policyholder has
 3011  purchased such coverage.
 3012         (d) Any coverage the policyholder is not required by law to
 3013  purchase.
 3014         (2) A private passenger motor vehicle policy may not
 3015  exclude coverage when:
 3016         (a) The identified excluded individual is injured while not
 3017  operating a motor vehicle;
 3018         (b)The exclusion is unfairly discriminatory under the
 3019  Florida Insurance Code, as determined by the office; or
 3020         (c)The exclusion is inconsistent with the underwriting
 3021  rules filed by the insurer pursuant to s. 627.0651(13)(a).
 3022         Section 54. Paragraphs (b), (c), and (g) of subsection (7),
 3023  paragraphs (a) and (b) of subsection (8), and paragraph (b) of
 3024  subsection (16) of section 627.748, Florida Statutes, are
 3025  amended to read:
 3026         627.748 Transportation network companies.—
 3027         (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE
 3028  REQUIREMENTS.—
 3029         (b) The following automobile insurance requirements apply
 3030  while a participating TNC driver is logged on to the digital
 3031  network but is not engaged in a prearranged ride:
 3032         1. Automobile insurance that provides:
 3033         a. A primary automobile liability coverage of at least
 3034  $50,000 for death and bodily injury per person, $100,000 for
 3035  death and bodily injury per incident, and $25,000 for property
 3036  damage; and
 3037         b. Personal injury protection benefits that meet the
 3038  minimum coverage amounts required under ss. 627.730-627.7405;
 3039  and
 3040         c. Uninsured and underinsured vehicle coverage as required
 3041  by s. 627.727.
 3042         2. The coverage requirements of this paragraph may be
 3043  satisfied by any of the following:
 3044         a. Automobile insurance maintained by the TNC driver or the
 3045  TNC vehicle owner;
 3046         b. Automobile insurance maintained by the TNC; or
 3047         c. A combination of sub-subparagraphs a. and b.
 3048         (c) The following automobile insurance requirements apply
 3049  while a TNC driver is engaged in a prearranged ride:
 3050         1. Automobile insurance that provides:
 3051         a. A primary automobile liability coverage of at least $1
 3052  million for death, bodily injury, and property damage; and
 3053         b. Personal injury protection benefits that meet the
 3054  minimum coverage amounts required of a limousine under ss.
 3055  627.730-627.7405; and
 3056         c. Uninsured and underinsured vehicle coverage as required
 3057  by s. 627.727.
 3058         2. The coverage requirements of this paragraph may be
 3059  satisfied by any of the following:
 3060         a. Automobile insurance maintained by the TNC driver or the
 3061  TNC vehicle owner;
 3062         b. Automobile insurance maintained by the TNC; or
 3063         c. A combination of sub-subparagraphs a. and b.
 3064         (g) Insurance satisfying the requirements under this
 3065  subsection is deemed to satisfy the financial responsibility
 3066  requirement for a motor vehicle under chapter 324 and the
 3067  security required under s. 627.733 for any period when the TNC
 3068  driver is logged onto the digital network or engaged in a
 3069  prearranged ride.
 3070         (8) TRANSPORTATION NETWORK COMPANY AND INSURER; DISCLOSURE;
 3071  EXCLUSIONS.—
 3072         (a) Before a TNC driver is allowed to accept a request for
 3073  a prearranged ride on the digital network, the TNC must disclose
 3074  in writing to the TNC driver:
 3075         1. The insurance coverage, including the types of coverage
 3076  and the limits for each coverage, which the TNC provides while
 3077  the TNC driver uses a TNC vehicle in connection with the TNC’s
 3078  digital network.
 3079         2. That the TNC driver’s own automobile insurance policy
 3080  might not provide any coverage while the TNC driver is logged on
 3081  to the digital network or is engaged in a prearranged ride,
 3082  depending on the terms of the TNC driver’s own automobile
 3083  insurance policy.
 3084         3. That the provision of rides for compensation which are
 3085  not prearranged rides subjects the driver to the coverage
 3086  requirements imposed under s. 324.032(1) and (2) and that
 3087  failure to meet such coverage requirements subjects the TNC
 3088  driver to penalties provided in s. 324.221, up to and including
 3089  a misdemeanor of the second degree.
 3090         (b)1. An insurer that provides an automobile liability
 3091  insurance policy under this part may exclude any and all
 3092  coverage afforded under the policy issued to an owner or
 3093  operator of a TNC vehicle while driving that vehicle for any
 3094  loss or injury that occurs while a TNC driver is logged on to a
 3095  digital network or while a TNC driver provides a prearranged
 3096  ride. Exclusions imposed under this subsection are limited to
 3097  coverage while a TNC driver is logged on to a digital network or
 3098  while a TNC driver provides a prearranged ride. This right to
 3099  exclude all coverage may apply to any coverage included in an
 3100  automobile insurance policy, including, but not limited to:
 3101         a. Liability coverage for bodily injury and property
 3102  damage;
 3103         b. Uninsured and underinsured motorist coverage;
 3104         c. Medical payments coverage;
 3105         d. Comprehensive physical damage coverage; and
 3106         e. Collision physical damage coverage; and
 3107         f.Personal injury protection.
 3108         2. The exclusions described in subparagraph 1. apply
 3109  notwithstanding any requirement under chapter 324. These
 3110  exclusions do not affect or diminish coverage otherwise
 3111  available for permissive drivers or resident relatives under the
 3112  personal automobile insurance policy of the TNC driver or owner
 3113  of the TNC vehicle who are not occupying the TNC vehicle at the
 3114  time of loss. This section does not require that a personal
 3115  automobile insurance policy provide coverage while the TNC
 3116  driver is logged on to a digital network, while the TNC driver
 3117  is engaged in a prearranged ride, or while the TNC driver
 3118  otherwise uses a vehicle to transport riders for compensation.
 3119         3. This section must not be construed to require an insurer
 3120  to use any particular policy language or reference to this
 3121  section in order to exclude any and all coverage for any loss or
 3122  injury that occurs while a TNC driver is logged on to a digital
 3123  network or while a TNC driver provides a prearranged ride.
 3124         4. This section does not preclude an insurer from providing
 3125  primary or excess coverage for the TNC driver’s vehicle by
 3126  contract or endorsement.
 3127         (16) LUXURY GROUND TRANSPORTATION NETWORK COMPANIES.—
 3128         (b) An entity may elect, upon written notification to the
 3129  department, to be regulated as a luxury ground TNC. A luxury
 3130  ground TNC must:
 3131         1. Comply with all of the requirements of this section
 3132  applicable to a TNC, including subsection (17), which do not
 3133  conflict with subparagraph 2. or which do not prohibit the
 3134  company from connecting riders to drivers who operate for-hire
 3135  vehicles as defined in s. 320.01(15), including limousines and
 3136  luxury sedans and excluding taxicabs.
 3137         2. Maintain insurance coverage as required by subsection
 3138  (7). However, if a prospective luxury ground TNC satisfies
 3139  minimum financial responsibility through compliance with s.
 3140  324.032(3) s. 324.032(2) by using self-insurance when it gives
 3141  the department written notification of its election to be
 3142  regulated as a luxury ground TNC, the luxury ground TNC may use
 3143  self-insurance to meet the insurance requirements of subsection
 3144  (7), so long as such self-insurance complies with s. 324.032(3)
 3145  s. 324.032(2) and provides the limits of liability required by
 3146  subsection (7).
 3147         Section 55. Paragraph (a) of subsection (2) of section
 3148  627.749, Florida Statutes, is amended to read:
 3149         627.749 Autonomous vehicles; insurance requirements.—
 3150         (2) INSURANCE REQUIREMENTS.—
 3151         (a) A fully autonomous vehicle with the automated driving
 3152  system engaged while logged on to an on-demand autonomous
 3153  vehicle network or engaged in a prearranged ride must be covered
 3154  by a policy of automobile insurance which provides:
 3155         1. Primary liability coverage of at least $1 million for
 3156  death, bodily injury, and property damage.
 3157         2. Personal injury protection benefits that meet the
 3158  minimum coverage amounts required under ss. 627.730-627.7405.
 3159         3. Uninsured and underinsured vehicle coverage as required
 3160  by s. 627.727.
 3161         Section 56. Section 627.8405, Florida Statutes, is amended
 3162  to read:
 3163         627.8405 Prohibited acts; financing companies.—A No premium
 3164  finance company shall, in a premium finance agreement or other
 3165  agreement, may not finance the cost of or otherwise provide for
 3166  the collection or remittance of dues, assessments, fees, or
 3167  other periodic payments of money for the cost of:
 3168         (1) A membership in an automobile club. The term
 3169  “automobile club” means a legal entity that which, in
 3170  consideration of dues, assessments, or periodic payments of
 3171  money, promises its members or subscribers to assist them in
 3172  matters relating to the ownership, operation, use, or
 3173  maintenance of a motor vehicle; however, the term this
 3174  definition of “automobile club” does not include persons,
 3175  associations, or corporations which are organized and operated
 3176  solely for the purpose of conducting, sponsoring, or sanctioning
 3177  motor vehicle races, exhibitions, or contests upon racetracks,
 3178  or upon racecourses established and marked as such for the
 3179  duration of such particular events. As used in this subsection,
 3180  the term words “motor vehicle” has used herein have the same
 3181  meaning as defined in chapter 320.
 3182         (2) An accidental death and dismemberment policy sold in
 3183  combination with a policy providing only bodily injury liability
 3184  coverage personal injury protection and property damage
 3185  liability coverage only policy.
 3186         (3) Any product not regulated under the provisions of this
 3187  insurance code.
 3188  
 3189  This section also applies to premium financing by any insurance
 3190  agent or insurance company under part XVI. The commission shall
 3191  adopt rules to assure disclosure, at the time of sale, of
 3192  coverages financed with personal injury protection and shall
 3193  prescribe the form of such disclosure.
 3194         Section 57. Subsection (1) of section 627.915, Florida
 3195  Statutes, is amended to read:
 3196         627.915 Insurer experience reporting.—
 3197         (1) Each insurer transacting private passenger automobile
 3198  insurance in this state shall report certain information
 3199  annually to the office. The information will be due on or before
 3200  July 1 of each year. The information must shall be divided into
 3201  the following categories: bodily injury liability; property
 3202  damage liability; uninsured motorist; personal injury protection
 3203  benefits; medical payments; and comprehensive and collision. The
 3204  information given must shall be on direct insurance writings in
 3205  the state alone and shall represent total limits data. The
 3206  information set forth in paragraphs (a)-(f) is applicable to
 3207  voluntary private passenger and Joint Underwriting Association
 3208  private passenger writings and must shall be reported for each
 3209  of the latest 3 calendar-accident years, with an evaluation date
 3210  of March 31 of the current year. The information set forth in
 3211  paragraphs (g)-(j) is applicable to voluntary private passenger
 3212  writings and must shall be reported on a calendar-accident year
 3213  basis ultimately seven times at seven different stages of
 3214  development.
 3215         (a) Premiums earned for the latest 3 calendar-accident
 3216  years.
 3217         (b) Loss development factors and the historic development
 3218  of those factors.
 3219         (c) Policyholder dividends incurred.
 3220         (d) Expenses for other acquisition and general expense.
 3221         (e) Expenses for agents’ commissions and taxes, licenses,
 3222  and fees.
 3223         (f) Profit and contingency factors as utilized in the
 3224  insurer’s automobile rate filings for the applicable years.
 3225         (g) Losses paid.
 3226         (h) Losses unpaid.
 3227         (i) Loss adjustment expenses paid.
 3228         (j) Loss adjustment expenses unpaid.
 3229         Section 58. Subsections (2) and (3) of section 628.909,
 3230  Florida Statutes, are amended to read:
 3231         628.909 Applicability of other laws.—
 3232         (2) The following provisions of the Florida Insurance Code
 3233  apply to captive insurance companies that who are not industrial
 3234  insured captive insurance companies to the extent that such
 3235  provisions are not inconsistent with this part:
 3236         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 3237  624.40851, 624.4095, 624.411, 624.425, and 624.426.
 3238         (b) Chapter 625, part II.
 3239         (c) Chapter 626, part IX.
 3240         (d) Sections 627.730-627.7405, when no-fault coverage is
 3241  provided.
 3242         (e) Chapter 628.
 3243         (3) The following provisions of the Florida Insurance Code
 3244  shall apply to industrial insured captive insurance companies to
 3245  the extent that such provisions are not inconsistent with this
 3246  part:
 3247         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 3248  624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1).
 3249         (b) Chapter 625, part II, if the industrial insured captive
 3250  insurance company is incorporated in this state.
 3251         (c) Chapter 626, part IX.
 3252         (d) Sections 627.730-627.7405 when no-fault coverage is
 3253  provided.
 3254         (e) Chapter 628, except for ss. 628.341, 628.351, and
 3255  628.6018.
 3256         Section 59. Subsections (2), (6), and (7) of section
 3257  705.184, Florida Statutes, are amended to read:
 3258         705.184 Derelict or abandoned motor vehicles on the
 3259  premises of public-use airports.—
 3260         (2) The airport director or the director’s designee shall
 3261  contact the Department of Highway Safety and Motor Vehicles to
 3262  notify that department that the airport has possession of the
 3263  abandoned or derelict motor vehicle and to determine the name
 3264  and address of the owner of the motor vehicle, the insurance
 3265  company insuring the motor vehicle, notwithstanding the
 3266  provisions of s. 627.736, and any person who has filed a lien on
 3267  the motor vehicle. Within 7 business days after receipt of the
 3268  information, the director or the director’s designee shall send
 3269  notice by certified mail, return receipt requested, to the owner
 3270  of the motor vehicle, the insurance company insuring the motor
 3271  vehicle, notwithstanding the provisions of s. 627.736, and all
 3272  persons of record claiming a lien against the motor vehicle. The
 3273  notice must shall state the fact of possession of the motor
 3274  vehicle, that charges for reasonable towing, storage, and
 3275  parking fees, if any, have accrued and the amount thereof, that
 3276  a lien as provided in subsection (6) will be claimed, that the
 3277  lien is subject to enforcement pursuant to law, that the owner
 3278  or lienholder, if any, has the right to a hearing as set forth
 3279  in subsection (4), and that any motor vehicle which, at the end
 3280  of 30 calendar days after receipt of the notice, has not been
 3281  removed from the airport upon payment in full of all accrued
 3282  charges for reasonable towing, storage, and parking fees, if
 3283  any, may be disposed of as provided in s. 705.182(2)(a), (b),
 3284  (d), or (e), including, but not limited to, the motor vehicle
 3285  being sold free of all prior liens after 35 calendar days after
 3286  the time the motor vehicle is stored if any prior liens on the
 3287  motor vehicle are more than 5 years of age or after 50 calendar
 3288  days after the time the motor vehicle is stored if any prior
 3289  liens on the motor vehicle are 5 years of age or less.
 3290         (6) The airport pursuant to this section or, if used, a
 3291  licensed independent wrecker company pursuant to s. 713.78 shall
 3292  have a lien on an abandoned or derelict motor vehicle for all
 3293  reasonable towing, storage, and accrued parking fees, if any,
 3294  except that no storage fee may shall be charged if the motor
 3295  vehicle is stored less than 6 hours. As a prerequisite to
 3296  perfecting a lien under this section, the airport director or
 3297  the director’s designee must serve a notice in accordance with
 3298  subsection (2) on the owner of the motor vehicle, the insurance
 3299  company insuring the motor vehicle, notwithstanding the
 3300  provisions of s. 627.736, and all persons of record claiming a
 3301  lien against the motor vehicle. If attempts to notify the owner,
 3302  the insurance company insuring the motor vehicle,
 3303  notwithstanding the provisions of s. 627.736, or lienholders are
 3304  not successful, the requirement of notice by mail shall be
 3305  considered met. Serving of the notice does not dispense with
 3306  recording the claim of lien.
 3307         (7)(a) For the purpose of perfecting its lien under this
 3308  section, the airport shall record a claim of lien which states
 3309  shall state:
 3310         1. The name and address of the airport.
 3311         2. The name of the owner of the motor vehicle, the
 3312  insurance company insuring the motor vehicle, notwithstanding
 3313  the provisions of s. 627.736, and all persons of record claiming
 3314  a lien against the motor vehicle.
 3315         3. The costs incurred from reasonable towing, storage, and
 3316  parking fees, if any.
 3317         4. A description of the motor vehicle sufficient for
 3318  identification.
 3319         (b) The claim of lien must shall be signed and sworn to or
 3320  affirmed by the airport director or the director’s designee.
 3321         (c) The claim of lien is shall be sufficient if it is in
 3322  substantially the following form:
 3323  
 3324                            CLAIM OF LIEN                          
 3325  State of ........
 3326  County of ........
 3327  Before me, the undersigned notary public, personally appeared
 3328  ........, who was duly sworn and says that he/she is the
 3329  ........ of ............, whose address is........; and that the
 3330  following described motor vehicle:
 3331  ...(Description of motor vehicle)...
 3332  owned by ........, whose address is ........, has accrued
 3333  $........ in fees for a reasonable tow, for storage, and for
 3334  parking, if applicable; that the lienor served its notice to the
 3335  owner, the insurance company insuring the motor vehicle
 3336  notwithstanding the provisions of s. 627.736, Florida Statutes,
 3337  and all persons of record claiming a lien against the motor
 3338  vehicle on ...., ...(year)..., by.........
 3339  ...(Signature)...
 3340  Sworn to (or affirmed) and subscribed before me this .... day of
 3341  ...., ...(year)..., by ...(name of person making statement)....
 3342  ...(Signature of Notary Public)......(Print, Type, or Stamp
 3343  Commissioned name of Notary Public)...
 3344  Personally Known....OR Produced....as identification.
 3345  
 3346  However, the negligent inclusion or omission of any information
 3347  in this claim of lien which does not prejudice the owner does
 3348  not constitute a default that operates to defeat an otherwise
 3349  valid lien.
 3350         (d) The claim of lien must shall be served on the owner of
 3351  the motor vehicle, the insurance company insuring the motor
 3352  vehicle, notwithstanding the provisions of s. 627.736, and all
 3353  persons of record claiming a lien against the motor vehicle. If
 3354  attempts to notify the owner, the insurance company insuring the
 3355  motor vehicle notwithstanding the provisions of s. 627.736, or
 3356  lienholders are not successful, the requirement of notice by
 3357  mail shall be considered met. The claim of lien must shall be so
 3358  served before recordation.
 3359         (e) The claim of lien must shall be recorded with the clerk
 3360  of court in the county where the airport is located. The
 3361  recording of the claim of lien shall be constructive notice to
 3362  all persons of the contents and effect of such claim. The lien
 3363  attaches shall attach at the time of recordation and takes shall
 3364  take priority as of that time.
 3365         Section 60. Subsection (4) of section 713.78, Florida
 3366  Statutes, is amended to read:
 3367         713.78 Liens for recovering, towing, or storing vehicles
 3368  and vessels.—
 3369         (4)(a) A person regularly engaged in the business of
 3370  recovering, towing, or storing vehicles or vessels who comes
 3371  into possession of a vehicle or vessel pursuant to subsection
 3372  (2), and who claims a lien for recovery, towing, or storage
 3373  services, shall give notice, by certified mail, to the
 3374  registered owner, the insurance company insuring the vehicle
 3375  notwithstanding s. 627.736, and all persons claiming a lien
 3376  thereon, as disclosed by the records in the Department of
 3377  Highway Safety and Motor Vehicles or as disclosed by the records
 3378  of any corresponding agency in any other state in which the
 3379  vehicle is identified through a records check of the National
 3380  Motor Vehicle Title Information System or an equivalent
 3381  commercially available system as being titled or registered.
 3382         (b) Whenever a law enforcement agency authorizes the
 3383  removal of a vehicle or vessel or whenever a towing service,
 3384  garage, repair shop, or automotive service, storage, or parking
 3385  place notifies the law enforcement agency of possession of a
 3386  vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
 3387  enforcement agency of the jurisdiction where the vehicle or
 3388  vessel is stored shall contact the Department of Highway Safety
 3389  and Motor Vehicles, or the appropriate agency of the state of
 3390  registration, if known, within 24 hours through the medium of
 3391  electronic communications, giving the full description of the
 3392  vehicle or vessel. Upon receipt of the full description of the
 3393  vehicle or vessel, the department shall search its files to
 3394  determine the owner’s name, the insurance company insuring the
 3395  vehicle or vessel, and whether any person has filed a lien upon
 3396  the vehicle or vessel as provided in s. 319.27(2) and (3) and
 3397  notify the applicable law enforcement agency within 72 hours.
 3398  The person in charge of the towing service, garage, repair shop,
 3399  or automotive service, storage, or parking place shall obtain
 3400  such information from the applicable law enforcement agency
 3401  within 5 days after the date of storage and shall give notice
 3402  pursuant to paragraph (a). The department may release the
 3403  insurance company information to the requestor notwithstanding
 3404  s. 627.736.
 3405         (c) The notice of lien must be sent by certified mail to
 3406  the registered owner, the insurance company insuring the vehicle
 3407  notwithstanding s. 627.736, and all other persons claiming a
 3408  lien thereon within 7 business days, excluding Saturday and
 3409  Sunday, after the date of storage of the vehicle or vessel.
 3410  However, in no event shall the notice of lien be sent less than
 3411  30 days before the sale of the vehicle or vessel. The notice
 3412  must state:
 3413         1. If the claim of lien is for a vehicle, the last 8 digits
 3414  of the vehicle identification number of the vehicle subject to
 3415  the lien, or, if the claim of lien is for a vessel, the hull
 3416  identification number of the vessel subject to the lien, clearly
 3417  printed in the delivery address box and on the outside of the
 3418  envelope sent to the registered owner and all other persons
 3419  claiming an interest therein or lien thereon.
 3420         2. The name, physical address, and telephone number of the
 3421  lienor, and the entity name, as registered with the Division of
 3422  Corporations, of the business where the towing and storage
 3423  occurred, which must also appear on the outside of the envelope
 3424  sent to the registered owner and all other persons claiming an
 3425  interest in or lien on the vehicle or vessel.
 3426         3. The fact of possession of the vehicle or vessel.
 3427         4. The name of the person or entity that authorized the
 3428  lienor to take possession of the vehicle or vessel.
 3429         5. That a lien as provided in subsection (2) is claimed.
 3430         6. That charges have accrued and include an itemized
 3431  statement of the amount thereof.
 3432         7. That the lien is subject to enforcement under law and
 3433  that the owner or lienholder, if any, has the right to a hearing
 3434  as set forth in subsection (5).
 3435         8. That any vehicle or vessel that remains unclaimed, or
 3436  for which the charges for recovery, towing, or storage services
 3437  remain unpaid, may be sold free of all prior liens 35 days after
 3438  the vehicle or vessel is stored by the lienor if the vehicle or
 3439  vessel is more than 3 years of age or 50 days after the vehicle
 3440  or vessel is stored by the lienor if the vehicle or vessel is 3
 3441  years of age or less.
 3442         9. The address at which the vehicle or vessel is physically
 3443  located.
 3444         (d) The notice of lien may not be sent to the registered
 3445  owner, the insurance company insuring the vehicle or vessel, and
 3446  all other persons claiming a lien thereon less than 30 days
 3447  before the sale of the vehicle or vessel.
 3448         (e) If attempts to locate the name and address of the owner
 3449  or lienholder prove unsuccessful, the towing-storage operator
 3450  shall, after 7 business days, excluding Saturday and Sunday,
 3451  after the initial tow or storage, notify the public agency of
 3452  jurisdiction where the vehicle or vessel is stored in writing by
 3453  certified mail or acknowledged hand delivery that the towing
 3454  storage company has been unable to locate the name and address
 3455  of the owner or lienholder and a physical search of the vehicle
 3456  or vessel has disclosed no ownership information and a good
 3457  faith effort has been made, including records checks of the
 3458  Department of Highway Safety and Motor Vehicles database and the
 3459  National Motor Vehicle Title Information System or an equivalent
 3460  commercially available system. For purposes of this paragraph
 3461  and subsection (9), the term “good faith effort” means that the
 3462  following checks have been performed by the company to establish
 3463  the prior state of registration and for title:
 3464         1. A check of the department’s database for the owner and
 3465  any lienholder.
 3466         2. A check of the electronic National Motor Vehicle Title
 3467  Information System or an equivalent commercially available
 3468  system to determine the state of registration when there is not
 3469  a current registration record for the vehicle or vessel on file
 3470  with the department.
 3471         3. A check of the vehicle or vessel for any type of tag,
 3472  tag record, temporary tag, or regular tag.
 3473         4. A check of the law enforcement report for a tag number
 3474  or other information identifying the vehicle or vessel, if the
 3475  vehicle or vessel was towed at the request of a law enforcement
 3476  officer.
 3477         5. A check of the trip sheet or tow ticket of the tow truck
 3478  operator to determine whether a tag was on the vehicle or vessel
 3479  at the beginning of the tow, if a private tow.
 3480         6. If there is no address of the owner on the impound
 3481  report, a check of the law enforcement report to determine
 3482  whether an out-of-state address is indicated from driver license
 3483  information.
 3484         7. A check of the vehicle or vessel for an inspection
 3485  sticker or other stickers and decals that may indicate a state
 3486  of possible registration.
 3487         8. A check of the interior of the vehicle or vessel for any
 3488  papers that may be in the glove box, trunk, or other areas for a
 3489  state of registration.
 3490         9. A check of the vehicle for a vehicle identification
 3491  number.
 3492         10. A check of the vessel for a vessel registration number.
 3493         11. A check of the vessel hull for a hull identification
 3494  number which should be carved, burned, stamped, embossed, or
 3495  otherwise permanently affixed to the outboard side of the
 3496  transom or, if there is no transom, to the outmost seaboard side
 3497  at the end of the hull that bears the rudder or other steering
 3498  mechanism.
 3499         Section 61. Paragraph (a) of subsection (1), paragraph (c)
 3500  of subsection (7), paragraphs (a), (b), and (c) of subsection
 3501  (8), and subsections (9) and (10) of section 817.234, Florida
 3502  Statutes, are amended to read:
 3503         817.234 False and fraudulent insurance claims.—
 3504         (1)(a) A person commits insurance fraud punishable as
 3505  provided in subsection (11) if that person, with the intent to
 3506  injure, defraud, or deceive any insurer:
 3507         1. Presents or causes to be presented any written or oral
 3508  statement as part of, or in support of, a claim for payment or
 3509  other benefit pursuant to an insurance policy or a health
 3510  maintenance organization subscriber or provider contract,
 3511  knowing that such statement contains any false, incomplete, or
 3512  misleading information concerning any fact or thing material to
 3513  such claim;
 3514         2. Prepares or makes any written or oral statement that is
 3515  intended to be presented to an any insurer in connection with,
 3516  or in support of, any claim for payment or other benefit
 3517  pursuant to an insurance policy or a health maintenance
 3518  organization subscriber or provider contract, knowing that such
 3519  statement contains any false, incomplete, or misleading
 3520  information concerning any fact or thing material to such claim;
 3521         3.a. Knowingly presents, causes to be presented, or
 3522  prepares or makes with knowledge or belief that it will be
 3523  presented to an any insurer, purported insurer, servicing
 3524  corporation, insurance broker, or insurance agent, or any
 3525  employee or agent thereof, any false, incomplete, or misleading
 3526  information or a written or oral statement as part of, or in
 3527  support of, an application for the issuance of, or the rating
 3528  of, any insurance policy, or a health maintenance organization
 3529  subscriber or provider contract; or
 3530         b. Knowingly conceals information concerning any fact
 3531  material to such application; or
 3532         4. Knowingly presents, causes to be presented, or prepares
 3533  or makes with knowledge or belief that it will be presented to
 3534  any insurer a claim for payment or other benefit under medical
 3535  payments coverage in a motor vehicle a personal injury
 3536  protection insurance policy if the person knows that the payee
 3537  knowingly submitted a false, misleading, or fraudulent
 3538  application or other document when applying for licensure as a
 3539  health care clinic, seeking an exemption from licensure as a
 3540  health care clinic, or demonstrating compliance with part X of
 3541  chapter 400.
 3542         (7)
 3543         (c) An insurer, or any person acting at the direction of or
 3544  on behalf of an insurer, may not change an opinion in a mental
 3545  or physical report prepared under s. 627.736(7) or direct the
 3546  physician preparing the report to change such opinion; however,
 3547  this provision does not preclude the insurer from calling to the
 3548  attention of the physician errors of fact in the report based
 3549  upon information in the claim file. Any person who violates this
 3550  paragraph commits a felony of the third degree, punishable as
 3551  provided in s. 775.082, s. 775.083, or s. 775.084.
 3552         (8)(a) It is unlawful for any person intending to defraud
 3553  any other person to solicit or cause to be solicited any
 3554  business from a person involved in a motor vehicle accident for
 3555  the purpose of making, adjusting, or settling motor vehicle tort
 3556  claims or claims for benefits under medical payments coverage in
 3557  a motor vehicle insurance policy personal injury protection
 3558  benefits required by s. 627.736. Any person who violates the
 3559  provisions of this paragraph commits a felony of the second
 3560  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 3561  775.084. A person who is convicted of a violation of this
 3562  subsection shall be sentenced to a minimum term of imprisonment
 3563  of 2 years.
 3564         (b) A person may not solicit or cause to be solicited any
 3565  business from a person involved in a motor vehicle accident by
 3566  any means of communication other than advertising directed to
 3567  the public for the purpose of making motor vehicle tort claims
 3568  or claims for benefits under medical payments coverage in a
 3569  motor vehicle insurance policy personal injury protection
 3570  benefits required by s. 627.736, within 60 days after the
 3571  occurrence of the motor vehicle accident. Any person who
 3572  violates this paragraph commits a felony of the third degree,
 3573  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 3574         (c) A lawyer, health care practitioner as defined in s.
 3575  456.001, or owner or medical director of a clinic required to be
 3576  licensed pursuant to s. 400.9905 may not, at any time after 60
 3577  days have elapsed from the occurrence of a motor vehicle
 3578  accident, solicit or cause to be solicited any business from a
 3579  person involved in a motor vehicle accident by means of in
 3580  person or telephone contact at the person’s residence, for the
 3581  purpose of making motor vehicle tort claims or claims for
 3582  benefits under medical payments coverage in a motor vehicle
 3583  insurance policy personal injury protection benefits required by
 3584  s. 627.736. Any person who violates this paragraph commits a
 3585  felony of the third degree, punishable as provided in s.
 3586  775.082, s. 775.083, or s. 775.084.
 3587         (9) A person may not organize, plan, or knowingly
 3588  participate in an intentional motor vehicle crash or a scheme to
 3589  create documentation of a motor vehicle crash that did not occur
 3590  for the purpose of making motor vehicle tort claims or claims
 3591  for benefits under medical payments coverage in a motor vehicle
 3592  insurance policy personal injury protection benefits as required
 3593  by s. 627.736. Any person who violates this subsection commits a
 3594  felony of the second degree, punishable as provided in s.
 3595  775.082, s. 775.083, or s. 775.084. A person who is convicted of
 3596  a violation of this subsection shall be sentenced to a minimum
 3597  term of imprisonment of 2 years.
 3598         (10) A licensed health care practitioner who is found
 3599  guilty of insurance fraud under this section for an act relating
 3600  to a motor vehicle personal injury protection insurance policy
 3601  loses his or her license to practice for 5 years and may not
 3602  receive reimbursement under medical payments coverage in a motor
 3603  vehicle insurance policy for personal injury protection benefits
 3604  for 10 years.
 3605         Section 62. For the 2021-2022 fiscal year, the sum of
 3606  $83,651 in nonrecurring funds is appropriated from the Insurance
 3607  Regulatory Trust Fund to the Office of Insurance Regulation for
 3608  the purpose of implementing this act.
 3609         Section 63. Except as otherwise expressly provided in this
 3610  act and except for this section, which shall take effect upon
 3611  this act becoming a law, this act shall take effect January 1,
 3612  2022.