CS for CS for SB 54 Second Engrossed
202154e2
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 a
20 technical change; amending s. 320.27, F.S.; defining
21 the term “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; revising the
42 vehicles that are excluded from the definition of the
43 term “motor vehicle”; providing security requirements
44 for certain excluded vehicles; conforming provisions
45 to changes made by the act; conforming cross
46 references; amending s. 324.0221, F.S.; revising
47 coverages that subject a policy to certain insurer
48 reporting and notice requirements; conforming
49 provisions to changes made by the act; creating s.
50 324.0222, F.S.; providing that driver license or
51 registration suspensions for failure to maintain
52 required security which were in effect before a
53 specified date remain in full force and effect;
54 providing that such suspended licenses or
55 registrations may be reinstated as provided in a
56 specified section; amending s. 324.023, F.S.;
57 conforming cross-references; making a technical
58 change; amending s. 324.031, F.S.; specifying a method
59 of proving financial responsibility by owners or
60 operators of motor vehicles other than for-hire
61 passenger transportation vehicles; revising the amount
62 of a certificate of deposit required to elect a
63 certain method of proof of financial responsibility;
64 revising excess liability coverage requirements for a
65 person electing to use such method; amending s.
66 324.032, F.S.; revising financial responsibility
67 requirements for owners or lessees of for-hire
68 passenger transportation vehicles; amending s.
69 324.051, F.S.; specifying that motor vehicles include
70 motorcycles for purposes of the section; making
71 technical changes; amending ss. 324.071 and 324.091,
72 F.S.; making technical changes; amending s. 324.151,
73 F.S.; revising requirements for motor vehicle
74 liability insurance policies relating to coverage, and
75 exclusion from coverage, for certain drivers and
76 vehicles; defining terms; conforming provisions to
77 changes made by the act; making technical changes;
78 amending s. 324.161, F.S.; revising requirements for a
79 certificate of deposit that is required if a person
80 elects a certain method of proving financial
81 responsibility; amending s. 324.171, F.S.; revising
82 the minimum net worth requirements to qualify certain
83 persons as self-insurers; conforming provisions to
84 changes made by the act; amending s. 324.251, F.S.;
85 revising the short title and an effective date;
86 amending s. 400.9905, F.S.; revising the definition of
87 the term “clinic”; amending ss. 400.991 and 400.9935,
88 F.S.; conforming provisions to changes made by the
89 act; amending s. 409.901, F.S.; revising the
90 definition of the term “third-party benefit”; amending
91 s. 409.910, F.S.; revising the definition of the term
92 “medical coverage”; amending s. 456.057, F.S.;
93 conforming a provision to changes made by the act;
94 amending s. 456.072, F.S.; revising specified grounds
95 for discipline for certain health professions;
96 defining the term “upcoded”; amending s. 624.155,
97 F.S.; providing an exception to the circumstances
98 under which a person who is damaged may bring a civil
99 action against an insurer; adding a cause of action
100 against insurers in certain circumstances; providing
101 that a person is not entitled to judgments under
102 multiple bad faith remedies; creating s. 624.156,
103 F.S.; providing that the section applies to bad faith
104 failure to settle third-party claim actions against
105 any insurer for a loss arising out of the ownership,
106 maintenance, or use of a motor vehicle under specified
107 circumstances; providing construction; providing that
108 insurers have a duty of good faith; providing
109 construction; defining the term “bad faith failure to
110 settle”; providing circumstances under which a notice
111 is not effective; providing that the burden is on the
112 party bringing the bad faith claim; specifying best
113 practices standards for insurers upon receiving actual
114 notice of certain incidents or losses; specifying
115 certain requirements for insurer communications to an
116 insured; requiring an insurer to initiate settlement
117 negotiations under certain circumstances; specifying
118 requirements for the insurer when multiple claims
119 arise out of a single occurrence under certain
120 conditions; providing construction; requiring an
121 insurer to attempt to settle a claim on behalf of
122 certain insureds under certain circumstances;
123 providing for a defense to bad faith actions;
124 providing that insureds have a duty to cooperate;
125 requiring an insured to take certain reasonable
126 actions necessary to settle covered claims; providing
127 requirements for disclosures by insureds; requiring
128 insurers to provide certain notice to insureds within
129 a specified timeframe; providing that insurers may
130 terminate certain defenses under certain
131 circumstances; providing construction; providing that
132 a trier of fact may not attribute an insurer’s failure
133 to settle certain claims to specified causes under
134 certain circumstances; providing construction;
135 specifying conditions precedent for claimants filing
136 bad faith failure to settle third-party claim actions;
137 providing that an insurer is entitled to a reasonable
138 opportunity to investigate and evaluate claims under
139 certain circumstances; providing construction;
140 providing that insurers may not be held liable for the
141 failure to accept a settlement offer within a certain
142 timeframe if certain conditions are met; providing
143 that an insurer is not required to automatically
144 tender policy limits within a certain timeframe in
145 every case; requiring the party bringing a bad faith
146 failure to settle action to prove every element by the
147 greater weight of the evidence; specifying burdens of
148 proof for insurers relying on specified defenses;
149 limiting damages under certain circumstances;
150 providing construction; amending s. 626.9541, F.S.;
151 conforming a provision to changes made by the act;
152 revising the type of insurance coverage applicable to
153 a certain prohibited act; amending s. 626.989, F.S.;
154 revising the definition of the term “fraudulent
155 insurance act”; amending s. 627.06501, F.S.; revising
156 coverages that may provide for a reduction in motor
157 vehicle insurance policy premium charges under certain
158 circumstances; amending s. 627.0651, F.S.; specifying
159 requirements for rate filings for motor vehicle
160 liability policies submitted to the Office of
161 Insurance Regulation implementing requirements in
162 effect on a specified date; requiring such filings to
163 be approved through a certain process; amending s.
164 627.0652, F.S.; revising coverages that must provide a
165 premium charge reduction under certain circumstances;
166 amending s. 627.0653, F.S.; revising coverages that
167 are subject to premium discounts for specified motor
168 vehicle equipment; amending s. 627.4132, F.S.;
169 revising coverages that are subject to a stacking
170 prohibition; amending s. 627.4137, F.S.; requiring
171 that insurers disclose certain information at the
172 request of a claimant’s attorney; authorizing a
173 claimant to file an action under certain
174 circumstances; providing for the award of reasonable
175 attorney fees and costs under certain circumstances;
176 amending s. 627.7263, F.S.; revising coverages that
177 are deemed primary, except under certain
178 circumstances, for the lessor of a motor vehicle for
179 lease or rent; revising a notice that is required if
180 the lessee’s coverage is to be primary; creating s.
181 627.7265, F.S.; specifying persons whom medical
182 payments coverage must protect; specifying the minimum
183 medical expense and death benefit limits; specifying
184 coverage options that an insurer is required and
185 authorized to offer; providing that each motor vehicle
186 insurance policy furnished as proof of financial
187 responsibility is deemed to have certain coverages;
188 requiring that certain rejections or selections be
189 made on forms approved by the office; providing
190 requirements for such forms; providing that certain
191 coverage is not required to be provided in certain
192 policies under certain circumstances; requiring
193 insurers to provide certain notices to policyholders;
194 providing construction relating to limits on certain
195 other coverages; requiring insurers, upon receiving
196 certain notice of an accident, to hold a specified
197 reserve for certain purposes for a certain timeframe;
198 providing that the reserve requirement does not
199 require insurers to establish a claim reserve for
200 accounting purposes; specifying that an insurer
201 providing medical payments coverage benefits may not
202 seek a lien on a certain recovery and may not bring a
203 certain cause of action; authorizing insurers to
204 include policy provisions allowing for subrogation,
205 under certain circumstances, for medical payments
206 benefits paid; providing construction; specifying a
207 requirement for an insured for repayment of medical
208 payments benefits under certain circumstances;
209 prohibiting insurers from including policy provisions
210 allowing for subrogation for death benefits paid;
211 amending s. 627.727, F.S.; revising the legal
212 liability of an uninsured motorist coverage insurer;
213 conforming provisions to changes made by the act;
214 amending s. 627.7275, F.S.; revising required
215 coverages for a motor vehicle insurance policy;
216 conforming provisions to changes made by the act;
217 creating s. 627.72761, F.S.; requiring motor vehicle
218 insurance policies to provide death benefits;
219 specifying requirements for and persons to whom such
220 benefits may and may not be paid; creating s.
221 627.7278, F.S.; defining the term “minimum security
222 requirements”; providing requirements, applicability,
223 and construction relating to motor vehicle insurance
224 policies as of a certain date; requiring insurers to
225 allow certain insureds to make certain coverage
226 changes, subject to certain conditions; requiring an
227 insurer to provide, by a specified date, a specified
228 notice to policyholders relating to requirements under
229 the act; amending s. 627.728, F.S.; conforming a
230 provision to changes made by the act; making a
231 technical change; amending s. 627.7295, F.S.; revising
232 the definitions of the terms “policy” and “binder”;
233 revising the coverages of a motor vehicle insurance
234 policy for which a licensed general lines agent may
235 charge a specified fee; conforming provisions to
236 changes made by the act; amending s. 627.7415, F.S.;
237 revising additional liability insurance requirements
238 for commercial motor vehicles; creating s. 627.747,
239 F.S.; providing that private passenger motor vehicle
240 policies may exclude specified coverages for all
241 claims or suits resulting from the operation of a
242 motor vehicle by an identified individual under
243 certain circumstances; providing that such policies
244 may not exclude coverage under certain circumstances;
245 providing that an excluded driver must establish,
246 maintain, and show proof of financial ability to
247 respond for damages arising out of the ownership,
248 maintenance, or use of a motor vehicle as required by
249 law; providing that a valid named driver exclusion
250 will not be invalidated if the excluded driver fails
251 to show such proof; amending s. 627.748, F.S.;
252 revising insurance requirements for transportation
253 network company drivers; conforming provisions to
254 changes made by the act; amending s. 627.749, F.S.;
255 conforming a provision to changes made by the act;
256 amending s. 627.8405, F.S.; revising coverages in a
257 policy sold in combination with an accidental death
258 and dismemberment policy which a premium finance
259 company may not finance; revising rulemaking authority
260 of the Financial Services Commission; amending ss.
261 627.915, 628.909, 705.184, and 713.78, F.S.;
262 conforming provisions to changes made by the act;
263 making technical changes; creating s. 768.852, F.S.;
264 providing for a setoff on certain damages that may be
265 recovered by a person operating certain motor vehicles
266 who is not in compliance with financial responsibility
267 laws; providing exceptions; amending s. 817.234, F.S.;
268 revising coverages that are the basis of specified
269 prohibited false and fraudulent insurance claims;
270 conforming provisions to changes made by the act;
271 providing an appropriation; providing effective dates.
272
273 Be It Enacted by the Legislature of the State of Florida:
274
275 Section 1. Sections 627.730, 627.731, 627.7311, 627.732,
276 627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,
277 and 627.7405, Florida Statutes, are repealed.
278 Section 2. Section 627.7407, Florida Statutes, is repealed.
279 Section 3. Subsection (1) of section 316.646, Florida
280 Statutes, is amended to read:
281 316.646 Security required; proof of security and display
282 thereof.—
283 (1) Any person required by s. 324.022 to maintain liability
284 security for property damage, liability security, required by s.
285 324.023 to maintain liability security for bodily injury, or
286 death, or required by s. 627.733 to maintain personal injury
287 protection security on a motor vehicle shall have in his or her
288 immediate possession at all times while operating a such motor
289 vehicle proper proof of maintenance of the required security
290 required under s. 324.021(7).
291 (a) Such proof must shall be in a uniform paper or
292 electronic format, as prescribed by the department, a valid
293 insurance policy, an insurance policy binder, a certificate of
294 insurance, or such other proof as may be prescribed by the
295 department.
296 (b)1. The act of presenting to a law enforcement officer an
297 electronic device displaying proof of insurance in an electronic
298 format does not constitute consent for the officer to access any
299 information on the device other than the displayed proof of
300 insurance.
301 2. The person who presents the device to the officer
302 assumes the liability for any resulting damage to the device.
303 Section 4. Paragraph (b) of subsection (2) of section
304 318.18, Florida Statutes, is amended to read:
305 318.18 Amount of penalties.—The penalties required for a
306 noncriminal disposition pursuant to s. 318.14 or a criminal
307 offense listed in s. 318.17 are as follows:
308 (2) Thirty dollars for all nonmoving traffic violations
309 and:
310 (b) For all violations of ss. 320.0605, 320.07(1), 322.065,
311 and 322.15(1). A Any person who is cited for a violation of s.
312 320.07(1) shall be charged a delinquent fee pursuant to s.
313 320.07(4).
314 1. If a person who is cited for a violation of s. 320.0605
315 or s. 320.07 can show proof of having a valid registration at
316 the time of arrest, the clerk of the court may dismiss the case
317 and may assess a dismissal fee of up to $10, from which the
318 clerk shall remit $2.50 to the Department of Revenue for deposit
319 into the General Revenue Fund. A person who finds it impossible
320 or impractical to obtain a valid registration certificate must
321 submit an affidavit detailing the reasons for the impossibility
322 or impracticality. The reasons may include, but are not limited
323 to, the fact that the vehicle was sold, stolen, or destroyed;
324 that the state in which the vehicle is registered does not issue
325 a certificate of registration; or that the vehicle is owned by
326 another person.
327 2. If a person who is cited for a violation of s. 322.03,
328 s. 322.065, or s. 322.15 can show a driver license issued to him
329 or her and valid at the time of arrest, the clerk of the court
330 may dismiss the case and may assess a dismissal fee of up to
331 $10, from which the clerk shall remit $2.50 to the Department of
332 Revenue for deposit into the General Revenue Fund.
333 3. If a person who is cited for a violation of s. 316.646
334 can show proof of security as required by s. 324.021(7) s.
335 627.733, issued to the person and valid at the time of arrest,
336 the clerk of the court may dismiss the case and may assess a
337 dismissal fee of up to $10, from which the clerk shall remit
338 $2.50 to the Department of Revenue for deposit into the General
339 Revenue Fund. A person who finds it impossible or impractical to
340 obtain proof of security must submit an affidavit detailing the
341 reasons for the impracticality. The reasons may include, but are
342 not limited to, the fact that the vehicle has since been sold,
343 stolen, or destroyed; that the owner or registrant of the
344 vehicle is not required by s. 627.733 to maintain personal
345 injury protection insurance; or that the vehicle is owned by
346 another person.
347 Section 5. Paragraphs (a) and (d) of subsection (5) of
348 section 320.02, Florida Statutes, are amended to read:
349 320.02 Registration required; application for registration;
350 forms.—
351 (5)(a) Proof that bodily injury liability coverage and
352 property damage liability coverage personal injury protection
353 benefits have been purchased if required under s. 324.022, s.
354 324.032, or s. 627.742 s. 627.733, that property damage
355 liability coverage has been purchased as required under s.
356 324.022, that bodily injury liability or death coverage has been
357 purchased if required under s. 324.023, and that combined bodily
358 liability insurance and property damage liability insurance have
359 been purchased if required under s. 627.7415 must shall be
360 provided in the manner prescribed by law by the applicant at the
361 time of application for registration of any motor vehicle that
362 is subject to such requirements. The issuing agent may not shall
363 refuse to issue registration if such proof of purchase is not
364 provided. Insurers shall furnish uniform proof-of-purchase cards
365 in a paper or electronic format in a form prescribed by the
366 department and include the name of the insured’s insurance
367 company, the coverage identification number, and the make, year,
368 and vehicle identification number of the vehicle insured. The
369 card must contain a statement notifying the applicant of the
370 penalty specified under s. 316.646(4). The card or insurance
371 policy, insurance policy binder, or certificate of insurance or
372 a photocopy of any of these; an affidavit containing the name of
373 the insured’s insurance company, the insured’s policy number,
374 and the make and year of the vehicle insured; or such other
375 proof as may be prescribed by the department constitutes shall
376 constitute sufficient proof of purchase. If an affidavit is
377 provided as proof, it must be in substantially the following
378 form:
379
380 Under penalty of perjury, I ...(Name of insured)... do hereby
381 certify that I have ...(bodily injury liability and Personal
382 Injury Protection, property damage liability, and, if required,
383 Bodily Injury Liability)... insurance currently in effect with
384 ...(Name of insurance company)... under ...(policy number)...
385 covering ...(make, year, and vehicle identification number of
386 vehicle).... ...(Signature of Insured)...
387
388 Such affidavit must include the following warning:
389
390 WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
391 REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
392 LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
393 SUBJECT TO PROSECUTION.
394
395 If an application is made through a licensed motor vehicle
396 dealer as required under s. 319.23, the original or a photocopy
397 photostatic copy of such card, insurance policy, insurance
398 policy binder, or certificate of insurance or the original
399 affidavit from the insured must shall be forwarded by the dealer
400 to the tax collector of the county or the Department of Highway
401 Safety and Motor Vehicles for processing. By executing the
402 aforesaid affidavit, a no licensed motor vehicle dealer is not
403 will be liable in damages for any inadequacy, insufficiency, or
404 falsification of any statement contained therein. A card must
405 also indicate the existence of any bodily injury liability
406 insurance voluntarily purchased.
407 (d) The verifying of proof of personal injury protection
408 insurance, proof of property damage liability insurance, proof
409 of combined bodily liability insurance and property damage
410 liability insurance, or proof of financial responsibility
411 insurance and the issuance or failure to issue the motor vehicle
412 registration under the provisions of this chapter may not be
413 construed in any court as a warranty of the reliability or
414 accuracy of the evidence of such proof or as meaning that the
415 provisions of any insurance policy furnished as proof of
416 financial responsibility comply with state law. Neither the
417 department nor any tax collector is liable in damages for any
418 inadequacy, insufficiency, falsification, or unauthorized
419 modification of any item of the proof of personal injury
420 protection insurance, proof of property damage liability
421 insurance, proof of combined bodily liability insurance and
422 property damage liability insurance, or proof of financial
423 responsibility before insurance prior to, during, or subsequent
424 to the verification of the proof. The issuance of a motor
425 vehicle registration does not constitute prima facie evidence or
426 a presumption of insurance coverage.
427 Section 6. Paragraph (b) of subsection (1) of section
428 320.0609, Florida Statutes, is amended to read:
429 320.0609 Transfer and exchange of registration license
430 plates; transfer fee.—
431 (1)
432 (b) The transfer of a license plate from a vehicle disposed
433 of to a newly acquired vehicle does not constitute a new
434 registration. The application for transfer must shall be
435 accepted without requiring proof of personal injury protection
436 or liability insurance.
437 Section 7. Subsection (3) of section 320.27, Florida
438 Statutes, is amended, and paragraph (g) is added to subsection
439 (1) of that section, to read:
440 320.27 Motor vehicle dealers.—
441 (1) DEFINITIONS.—The following words, terms, and phrases
442 when used in this section have the meanings respectively
443 ascribed to them in this subsection, except where the context
444 clearly indicates a different meaning:
445 (g) “Garage liability insurance” means, beginning January
446 1, 2022, combined single-limit liability coverage, including
447 property damage and bodily injury liability coverage, in the
448 amount of at least $60,000.
449 (3) APPLICATION AND FEE.—The application for the license
450 application must shall be in such form as may be prescribed by
451 the department and is shall be subject to such rules with
452 respect thereto as may be so prescribed by the department it.
453 Such application must shall be verified by oath or affirmation
454 and must shall contain a full statement of the name and birth
455 date of the person or persons applying for the license therefor;
456 the name of the firm or copartnership, with the names and places
457 of residence of all members thereof, if such applicant is a firm
458 or copartnership; the names and places of residence of the
459 principal officers, if the applicant is a body corporate or
460 other artificial body; the name of the state under whose laws
461 the corporation is organized; the present and former place or
462 places of residence of the applicant; and the prior business in
463 which the applicant has been engaged and its the location
464 thereof. The Such application must shall describe the exact
465 location of the place of business and must shall state whether
466 the place of business is owned by the applicant and when
467 acquired, or, if leased, a true copy of the lease must shall be
468 attached to the application. The applicant shall certify that
469 the location provides an adequately equipped office and is not a
470 residence; that the location affords sufficient unoccupied space
471 upon and within which adequately to store all motor vehicles
472 offered and displayed for sale; and that the location is a
473 suitable place where the applicant can in good faith carry on
474 such business and keep and maintain books, records, and files
475 necessary to conduct such business, which must shall be
476 available at all reasonable hours to inspection by the
477 department or any of its inspectors or other employees. The
478 applicant shall certify that the business of a motor vehicle
479 dealer is the principal business that will which shall be
480 conducted at that location. The application must shall contain a
481 statement that the applicant is either franchised by a
482 manufacturer of motor vehicles, in which case the name of each
483 motor vehicle that the applicant is franchised to sell must
484 shall be included, or an independent (nonfranchised) motor
485 vehicle dealer. The application must shall contain other
486 relevant information as may be required by the department. The
487 applicant shall furnish, including evidence, in a form approved
488 by the department, that the applicant is insured under a garage
489 liability insurance policy or a general liability insurance
490 policy coupled with a business automobile policy having the
491 coverages and limits of the garage liability insurance coverage
492 in accordance with paragraph (1)(g), which shall include, at a
493 minimum, $25,000 combined single-limit liability coverage
494 including bodily injury and property damage protection and
495 $10,000 personal injury protection. However, a salvage motor
496 vehicle dealer as defined in subparagraph (1)(c)5. is exempt
497 from the requirements for garage liability insurance and
498 personal injury protection insurance on those vehicles that
499 cannot be legally operated on roads, highways, or streets in
500 this state. Franchise dealers must submit a garage liability
501 insurance policy, and all other dealers must submit a garage
502 liability insurance policy or a general liability insurance
503 policy coupled with a business automobile policy. Such policy
504 must shall be for the license period, and evidence of a new or
505 continued policy must shall be delivered to the department at
506 the beginning of each license period. Upon making an initial
507 application, the applicant shall pay to the department a fee of
508 $300 in addition to any other fees required by law. Applicants
509 may choose to extend the licensure period for 1 additional year
510 for a total of 2 years. An initial applicant shall pay to the
511 department a fee of $300 for the first year and $75 for the
512 second year, in addition to any other fees required by law. An
513 applicant for renewal shall pay to the department $75 for a 1
514 year renewal or $150 for a 2-year renewal, in addition to any
515 other fees required by law. Upon making an application for a
516 change of location, the applicant person shall pay a fee of $50
517 in addition to any other fees now required by law. The
518 department shall, in the case of every application for initial
519 licensure, verify whether certain facts set forth in the
520 application are true. Each applicant, general partner in the
521 case of a partnership, or corporate officer and director in the
522 case of a corporate applicant shall, must file a set of
523 fingerprints with the department for the purpose of determining
524 any prior criminal record or any outstanding warrants. The
525 department shall submit the fingerprints to the Department of
526 Law Enforcement for state processing and forwarding to the
527 Federal Bureau of Investigation for federal processing. The
528 actual cost of state and federal processing must shall be borne
529 by the applicant and is in addition to the fee for licensure.
530 The department may issue a license to an applicant pending the
531 results of the fingerprint investigation, which license is fully
532 revocable if the department subsequently determines that any
533 facts set forth in the application are not true or correctly
534 represented.
535 Section 8. Paragraph (j) of subsection (3) of section
536 320.771, Florida Statutes, is amended to read:
537 320.771 License required of recreational vehicle dealers.—
538 (3) APPLICATION.—The application for such license shall be
539 in the form prescribed by the department and subject to such
540 rules as may be prescribed by it. The application shall be
541 verified by oath or affirmation and shall contain:
542 (j) A statement that the applicant is insured under a
543 garage liability insurance policy in accordance with s.
544 320.27(1)(g), which shall include, at a minimum, $25,000
545 combined single-limit liability coverage, including bodily
546 injury and property damage protection, and $10,000 personal
547 injury protection, if the applicant is to be licensed as a
548 dealer in, or intends to sell, recreational vehicles. However, a
549 garage liability policy is not required for the licensure of a
550 mobile home dealer who sells only park trailers.
551
552 The department shall, if it deems necessary, cause an
553 investigation to be made to ascertain if the facts set forth in
554 the application are true and may shall not issue a license to
555 the applicant until it is satisfied that the facts set forth in
556 the application are true.
557 Section 9. Subsections (1) and (2) of section 322.251,
558 Florida Statutes, are amended to read:
559 322.251 Notice of cancellation, suspension, revocation, or
560 disqualification of license.—
561 (1) All orders of cancellation, suspension, revocation, or
562 disqualification issued under the provisions of this chapter,
563 chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall
564 be given either by personal delivery thereof to the licensee
565 whose license is being canceled, suspended, revoked, or
566 disqualified or by deposit in the United States mail in an
567 envelope, first class, postage prepaid, addressed to the
568 licensee at his or her last known mailing address furnished to
569 the department. Such mailing by the department constitutes
570 notification, and any failure by the person to receive the
571 mailed order will not affect or stay the effective date or term
572 of the cancellation, suspension, revocation, or disqualification
573 of the licensee’s driving privilege.
574 (2) The giving of notice and an order of cancellation,
575 suspension, revocation, or disqualification by mail is complete
576 upon expiration of 20 days after deposit in the United States
577 mail for all notices except those issued under chapter 324 or
578 ss. 627.732–627.734, which are complete 15 days after deposit in
579 the United States mail. Proof of the giving of notice and an
580 order of cancellation, suspension, revocation, or
581 disqualification in either manner must shall be made by entry in
582 the records of the department that such notice was given. The
583 entry is admissible in the courts of this state and constitutes
584 sufficient proof that such notice was given.
585 Section 10. Paragraph (a) of subsection (8) of section
586 322.34, Florida Statutes, is amended to read:
587 322.34 Driving while license suspended, revoked, canceled,
588 or disqualified.—
589 (8)(a) Upon the arrest of a person for the offense of
590 driving while the person’s driver license or driving privilege
591 is suspended or revoked, the arresting officer shall determine:
592 1. Whether the person’s driver license is suspended or
593 revoked, or the person is under suspension or revocation
594 equivalent status.
595 2. Whether the person’s driver license has remained
596 suspended or revoked, or the person has been under suspension or
597 revocation equivalent status, since a conviction for the offense
598 of driving with a suspended or revoked license.
599 3. Whether the suspension, revocation, or suspension or
600 revocation equivalent status was made under s. 316.646 or s.
601 627.733, relating to failure to maintain required security, or
602 under s. 322.264, relating to habitual traffic offenders.
603 4. Whether the driver is the registered owner or co-owner
604 of the vehicle.
605 Section 11. Section 324.011, Florida Statutes, is amended
606 to read:
607 324.011 Legislative intent; purpose of chapter.—It is the
608 intent of the Legislature that this chapter ensure that the
609 privilege of owning or operating a motor vehicle in this state
610 is exercised to recognize the existing privilege to own or
611 operate a motor vehicle on the public streets and highways of
612 this state when such vehicles are used with due consideration
613 for others’ safety others and their property, promoting and to
614 promote safety, and providing provide financial security
615 requirements for such owners and or operators whose
616 responsibility it is to recompense others for injury to person
617 or property caused by the operation of a motor vehicle.
618 Therefore, the purpose of this chapter is to require that every
619 owner or operator of a motor vehicle required to be registered
620 in this state establish, maintain, and it is required herein
621 that the operator of a motor vehicle involved in a crash or
622 convicted of certain traffic offenses meeting the operative
623 provisions of s. 324.051(2) shall respond for such damages and
624 show proof of financial ability to respond for damages arising
625 out of the ownership, maintenance, or use of a motor vehicle in
626 future accidents as a requisite to owning or operating a motor
627 vehicle in this state his or her future exercise of such
628 privileges.
629 Section 12. Subsections (1) and (7) and paragraph (c) of
630 subsection (9) of section 324.021, Florida Statutes, are
631 amended, and subsection (12) is added to that section, to read:
632 324.021 Definitions; minimum insurance required.—The
633 following words and phrases when used in this chapter shall, for
634 the purpose of this chapter, have the meanings respectively
635 ascribed to them in this section, except in those instances
636 where the context clearly indicates a different meaning:
637 (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
638 designed and required to be licensed for use upon a highway,
639 including trailers and semitrailers designed for use with such
640 vehicles, except traction engines, road rollers, farm tractors,
641 power shovels, and well drillers, and every vehicle that is
642 propelled by electric power obtained from overhead wires but not
643 operated upon rails, but not including any personal delivery
644 device or mobile carrier as defined in s. 316.003, bicycle,
645 electric bicycle, or moped. However, the term “motor vehicle”
646 does not include a motor vehicle as defined in s. 627.732(3)
647 when the owner of such vehicle has complied with the
648 requirements of ss. 627.730-627.7405, inclusive, unless the
649 provisions of s. 324.051 apply; and, in such case, the
650 applicable proof of insurance provisions of s. 320.02 apply.
651 (7) PROOF OF FINANCIAL RESPONSIBILITY.—Beginning January 1,
652 2022, That proof of ability to respond in damages for liability
653 on account of crashes arising out of the ownership, maintenance,
654 or use of a motor vehicle:
655 (a) With respect to a motor vehicle other than a commercial
656 motor vehicle, nonpublic sector bus, or for-hire passenger
657 transportation vehicle, in the amounts specified in s.
658 324.022(1). in the amount of $10,000 because of bodily injury
659 to, or death of, one person in any one crash;
660 (b) Subject to such limits for one person, in the amount of
661 $20,000 because of bodily injury to, or death of, two or more
662 persons in any one crash;
663 (c) In the amount of $10,000 because of injury to, or
664 destruction of, property of others in any one crash; and
665 (b)(d) With respect to commercial motor vehicles and
666 nonpublic sector buses, in the amounts specified in s. 627.7415
667 ss. 627.7415 and 627.742, respectively.
668 (c) With respect to nonpublic sector buses, in the amounts
669 specified in s. 627.742.
670 (d) With respect to for-hire passenger transportation
671 vehicles, in the amounts specified in s. 324.032.
672 (9) OWNER; OWNER/LESSOR.—
673 (c) Application.—
674 1. The limits on liability in subparagraphs (b)2. and 3. do
675 not apply to an owner of motor vehicles that are used for
676 commercial activity in the owner’s ordinary course of business,
677 other than a rental company that rents or leases motor vehicles.
678 For purposes of this paragraph, the term “rental company”
679 includes only an entity that is engaged in the business of
680 renting or leasing motor vehicles to the general public and that
681 rents or leases a majority of its motor vehicles to persons with
682 no direct or indirect affiliation with the rental company. The
683 term “rental company” also includes:
684 a. A related rental or leasing company that is a subsidiary
685 of the same parent company as that of the renting or leasing
686 company that rented or leased the vehicle.
687 b. The holder of a motor vehicle title or an equity
688 interest in a motor vehicle title if the title or equity
689 interest is held pursuant to or to facilitate an asset-backed
690 securitization of a fleet of motor vehicles used solely in the
691 business of renting or leasing motor vehicles to the general
692 public and under the dominion and control of a rental company,
693 as described in this subparagraph, in the operation of such
694 rental company’s business.
695 2. Furthermore, with respect to commercial motor vehicles
696 as defined in s. 207.002 or s. 320.01 s. 627.732, the limits on
697 liability in subparagraphs (b)2. and 3. do not apply if, at the
698 time of the incident, the commercial motor vehicle is being used
699 in the transportation of materials found to be hazardous for the
700 purposes of the Hazardous Materials Transportation Authorization
701 Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is
702 required pursuant to such act to carry placards warning others
703 of the hazardous cargo, unless at the time of lease or rental
704 either:
705 a. The lessee indicates in writing that the vehicle will
706 not be used to transport materials found to be hazardous for the
707 purposes of the Hazardous Materials Transportation Authorization
708 Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
709 b. The lessee or other operator of the commercial motor
710 vehicle has in effect insurance with limits of at least $5
711 million $5,000,000 combined property damage and bodily injury
712 liability.
713 3.a. A motor vehicle dealer, or a motor vehicle dealer’s
714 leasing or rental affiliate, that provides a temporary
715 replacement vehicle at no charge or at a reasonable daily charge
716 to a service customer whose vehicle is being held for repair,
717 service, or adjustment by the motor vehicle dealer is immune
718 from any cause of action and is not liable, vicariously or
719 directly, under general law solely by reason of being the owner
720 of the temporary replacement vehicle for harm to persons or
721 property that arises out of the use, or operation, of the
722 temporary replacement vehicle by any person during the period
723 the temporary replacement vehicle has been entrusted to the
724 motor vehicle dealer’s service customer if there is no
725 negligence or criminal wrongdoing on the part of the motor
726 vehicle owner, or its leasing or rental affiliate.
727 b. For purposes of this section, and notwithstanding any
728 other provision of general law, a motor vehicle dealer, or a
729 motor vehicle dealer’s leasing or rental affiliate, that gives
730 possession, control, or use of a temporary replacement vehicle
731 to a motor vehicle dealer’s service customer may not be adjudged
732 liable in a civil proceeding absent negligence or criminal
733 wrongdoing on the part of the motor vehicle dealer, or the motor
734 vehicle dealer’s leasing or rental affiliate, if the motor
735 vehicle dealer or the motor vehicle dealer’s leasing or rental
736 affiliate executes a written rental or use agreement and obtains
737 from the person receiving the temporary replacement vehicle a
738 copy of the person’s driver license and insurance information
739 reflecting at least the minimum motor vehicle insurance coverage
740 required in the state. Any subsequent determination that the
741 driver license or insurance information provided to the motor
742 vehicle dealer, or the motor vehicle dealer’s leasing or rental
743 affiliate, was in any way false, fraudulent, misleading,
744 nonexistent, canceled, not in effect, or invalid does not alter
745 or diminish the protections provided by this section, unless the
746 motor vehicle dealer, or the motor vehicle dealer’s leasing or
747 rental affiliate, had actual knowledge thereof at the time
748 possession of the temporary replacement vehicle was provided.
749 c. For purposes of this subparagraph, the term “service
750 customer” does not include an agent or a principal of a motor
751 vehicle dealer or a motor vehicle dealer’s leasing or rental
752 affiliate, and does not include an employee of a motor vehicle
753 dealer or a motor vehicle dealer’s leasing or rental affiliate
754 unless the employee was provided a temporary replacement
755 vehicle:
756 (I) While the employee’s personal vehicle was being held
757 for repair, service, or adjustment by the motor vehicle dealer;
758 (II) In the same manner as other customers who are provided
759 a temporary replacement vehicle while the customer’s vehicle is
760 being held for repair, service, or adjustment; and
761 (III) The employee was not acting within the course and
762 scope of their employment.
763 (12) FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.—Every for
764 hire vehicle as defined in s. 320.01(15) which is offered or
765 used to provide transportation for persons, including taxicabs,
766 limousines, and jitneys.
767 Section 13. Section 324.022, Florida Statutes, is amended
768 to read:
769 324.022 Financial responsibility requirements for property
770 damage.—
771 (1)(a) Beginning January 1, 2022, every owner or operator
772 of a motor vehicle required to be registered in this state shall
773 establish and continuously maintain the ability to respond in
774 damages for liability on account of accidents arising out of the
775 use of the motor vehicle in the amount of:
776 1. Twenty-five thousand dollars for bodily injury to, or
777 the death of, one person in any one crash and, subject to such
778 limits for one person, in the amount of $50,000 for bodily
779 injury to, or the death of, two or more persons in any one
780 crash; and
781 2. Ten thousand dollars for $10,000 because of damage to,
782 or destruction of, property of others in any one crash.
783 (b) The requirements of paragraph (a) this section may be
784 met by one of the methods established in s. 324.031; by self
785 insuring as authorized by s. 768.28(16); or by maintaining a
786 motor vehicle liability insurance policy that an insurance
787 policy providing coverage for property damage liability in the
788 amount of at least $10,000 because of damage to, or destruction
789 of, property of others in any one accident arising out of the
790 use of the motor vehicle. The requirements of this section may
791 also be met by having a policy which provides combined property
792 damage liability and bodily injury liability coverage for any
793 one crash arising out of the ownership, maintenance, or use of a
794 motor vehicle and that conforms to the requirements of s.
795 324.151 in the amount of at least $60,000 for every owner or
796 operator subject to the financial responsibility required in
797 paragraph (a) $30,000 for combined property damage liability and
798 bodily injury liability for any one crash arising out of the use
799 of the motor vehicle. The policy, with respect to coverage for
800 property damage liability, must meet the applicable requirements
801 of s. 324.151, subject to the usual policy exclusions that have
802 been approved in policy forms by the Office of Insurance
803 Regulation. No insurer shall have any duty to defend uncovered
804 claims irrespective of their joinder with covered claims.
805 (2) As used in this section, the term:
806 (a) “Motor vehicle” means any self-propelled vehicle that
807 has four or more wheels and that is of a type designed and
808 required to be licensed for use on the highways of this state,
809 and any trailer or semitrailer designed for use with such
810 vehicle. The term does not include the following:
811 1. A mobile home as defined in s. 320.01.
812 2. A motor vehicle that is used in mass transit and
813 designed to transport more than five passengers, exclusive of
814 the operator of the motor vehicle, and that is owned by a
815 municipality, transit authority, or political subdivision of the
816 state.
817 3. A school bus as defined in s. 1006.25, which must
818 maintain security as required under s. 316.615.
819 4. A commercial motor vehicle as defined in s. 207.002 or
820 s. 320.01(25), which must maintain security as required under
821 ss. 324.031 and 627.7415.
822 5. A nonpublic sector bus, which must maintain security as
823 required under ss. 324.031 and 627.742.
824 6.4. A vehicle providing for-hire passenger transportation
825 vehicle, which must that is subject to the provisions of s.
826 324.031. A taxicab shall maintain security as required under s.
827 324.032 s. 324.032(1).
828 7.5. A personal delivery device as defined in s. 316.003.
829 (b) “Owner” means the person who holds legal title to a
830 motor vehicle or the debtor or lessee who has the right to
831 possession of a motor vehicle that is the subject of a security
832 agreement or lease with an option to purchase.
833 (3) Each nonresident owner or registrant of a motor vehicle
834 that, whether operated or not, has been physically present
835 within this state for more than 90 days during the preceding 365
836 days shall maintain security as required by subsection (1). The
837 security must be that is in effect continuously throughout the
838 period the motor vehicle remains within this state.
839 (4) An The owner or registrant of a motor vehicle who is
840 exempt from the requirements of this section if she or he is a
841 member of the United States Armed Forces and is called to or on
842 active duty outside the United States in an emergency situation
843 is exempt from this section while he or she. The exemption
844 provided by this subsection applies only as long as the member
845 of the Armed Forces is on such active duty. This exemption
846 outside the United States and applies only while the vehicle
847 covered by the security is not operated by any person. Upon
848 receipt of a written request by the insured to whom the
849 exemption provided in this subsection applies, the insurer shall
850 cancel the coverages and return any unearned premium or suspend
851 the security required by this section. Notwithstanding s.
852 324.0221(2) s. 324.0221(3), the department may not suspend the
853 registration or operator’s license of an any owner or registrant
854 of a motor vehicle during the time she or he qualifies for the
855 an exemption under this subsection. An Any owner or registrant
856 of a motor vehicle who qualifies for the an exemption under this
857 subsection shall immediately notify the department before prior
858 to and at the end of the expiration of the exemption.
859 Section 14. Subsections (1) and (2) of section 324.0221,
860 Florida Statutes, are amended to read:
861 324.0221 Reports by insurers to the department; suspension
862 of driver license and vehicle registrations; reinstatement.—
863 (1)(a) Each insurer that has issued a policy providing
864 personal injury protection coverage or property damage liability
865 coverage shall report the cancellation or nonrenewal thereof to
866 the department within 10 days after the processing date or
867 effective date of each cancellation or nonrenewal. Upon the
868 issuance of a policy providing personal injury protection
869 coverage or property damage liability coverage to a named
870 insured not previously insured by the insurer during that
871 calendar year, the insurer shall report the issuance of the new
872 policy to the department within 10 days. The report must shall
873 be in the form and format and contain any information required
874 by the department and must be provided in a format that is
875 compatible with the data processing capabilities of the
876 department. Failure by an insurer to file proper reports with
877 the department as required by this subsection constitutes a
878 violation of the Florida Insurance Code. These records may shall
879 be used by the department only for enforcement and regulatory
880 purposes, including the generation by the department of data
881 regarding compliance by owners of motor vehicles with the
882 requirements for financial responsibility coverage.
883 (b) With respect to an insurance policy providing personal
884 injury protection coverage or property damage liability
885 coverage, each insurer shall notify the named insured, or the
886 first-named insured in the case of a commercial fleet policy, in
887 writing that any cancellation or nonrenewal of the policy will
888 be reported by the insurer to the department. The notice must
889 also inform the named insured that failure to maintain bodily
890 injury liability personal injury protection coverage and
891 property damage liability coverage on a motor vehicle when
892 required by law may result in the loss of registration and
893 driving privileges in this state and inform the named insured of
894 the amount of the reinstatement fees required by this section.
895 This notice is for informational purposes only, and an insurer
896 is not civilly liable for failing to provide this notice.
897 (2) The department shall suspend, after due notice and an
898 opportunity to be heard, the registration and driver license of
899 any owner or registrant of a motor vehicle for with respect to
900 which security is required under s. 324.022, s. 324.023, s.
901 324.032, s. 627.7415, or s. 627.742 ss. 324.022 and 627.733
902 upon:
903 (a) The department’s records showing that the owner or
904 registrant of such motor vehicle does did not have the in full
905 force and effect when required security in full force and effect
906 that complies with the requirements of ss. 324.022 and 627.733;
907 or
908 (b) Notification by the insurer to the department, in a
909 form approved by the department, of cancellation or termination
910 of the required security.
911 Section 15. Section 324.0222, Florida Statutes, is created
912 to read:
913 324.0222 Application of suspensions for failure to maintain
914 security; reinstatement.—All suspensions for failure to maintain
915 required security as required by law in effect before January 1,
916 2022, remain in full force and effect after January 1, 2022. A
917 driver may reinstate a suspended driver license or registration
918 as provided under s. 324.0221.
919 Section 16. Section 324.023, Florida Statutes, is amended
920 to read:
921 324.023 Financial responsibility for bodily injury or
922 death.—In addition to any other financial responsibility
923 required by law, every owner or operator of a motor vehicle that
924 is required to be registered in this state, or that is located
925 within this state, and who, regardless of adjudication of guilt,
926 has been found guilty of or entered a plea of guilty or nolo
927 contendere to a charge of driving under the influence under s.
928 316.193 after October 1, 2007, shall, by one of the methods
929 established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2),
930 establish and maintain the ability to respond in damages for
931 liability on account of accidents arising out of the use of a
932 motor vehicle in the amount of $100,000 because of bodily injury
933 to, or death of, one person in any one crash and, subject to
934 such limits for one person, in the amount of $300,000 because of
935 bodily injury to, or death of, two or more persons in any one
936 crash and in the amount of $50,000 because of property damage in
937 any one crash. If the owner or operator chooses to establish and
938 maintain such ability by furnishing a certificate of deposit
939 pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of
940 deposit must be at least $350,000. Such higher limits must be
941 carried for a minimum period of 3 years. If the owner or
942 operator has not been convicted of driving under the influence
943 or a felony traffic offense for a period of 3 years from the
944 date of reinstatement of driving privileges for a violation of
945 s. 316.193, the owner or operator is shall be exempt from this
946 section.
947 Section 17. Section 324.031, Florida Statutes, is amended
948 to read:
949 324.031 Manner of proving financial responsibility.—
950 (1) The owner or operator of a taxicab, limousine, jitney,
951 or any other for-hire passenger transportation vehicle may prove
952 financial responsibility by providing satisfactory evidence of
953 holding a motor vehicle liability policy as defined in s.
954 324.021(8) or s. 324.151, which policy is issued by an insurance
955 carrier which is a member of the Florida Insurance Guaranty
956 Association. The operator or owner of a motor vehicle other than
957 a for-hire passenger transportation vehicle any other vehicle
958 may prove his or her financial responsibility by:
959 (a)(1) Furnishing satisfactory evidence of holding a motor
960 vehicle liability policy as defined in ss. 324.021(8) and
961 324.151 which provides liability coverage for the motor vehicle
962 being operated;
963 (b)(2) Furnishing a certificate of self-insurance showing a
964 deposit of cash in accordance with s. 324.161; or
965 (c)(3) Furnishing a certificate of self-insurance issued by
966 the department in accordance with s. 324.171.
967 (2) Beginning January 1, 2022, any person, including any
968 firm, partnership, association, corporation, or other person,
969 other than a natural person, electing to use the method of proof
970 specified in paragraph (1)(b) subsection (2) shall do both of
971 the following:
972 (a) Furnish a certificate of deposit equal to the number of
973 vehicles owned times $60,000 $30,000, up to a maximum of
974 $240,000. $120,000;
975 (b) In addition, any such person, other than a natural
976 person, shall Maintain insurance providing coverage that meets
977 the requirements of s. 324.151 and has in excess of limits of:
978 1. At least $125,000 for bodily injury to, or the death of,
979 one person in any one crash and, subject to such limits for one
980 person, in the amount of $250,000 for bodily injury to, or the
981 death of, two or more persons in any one crash; and $50,000 for
982 damage to, or destruction of, property of others in any one
983 crash; or
984 2. At least $300,000 for combined bodily injury liability
985 and property damage liability for any one crash
986 $10,000/20,000/10,000 or $30,000 combined single limits, and
987 such excess insurance shall provide minimum limits of
988 $125,000/250,000/50,000 or $300,000 combined single limits.
989 These increased limits shall not affect the requirements for
990 proving financial responsibility under s. 324.032(1).
991 Section 18. Section 324.032, Florida Statutes, is amended
992 to read:
993 324.032 Manner of proving Financial responsibility for;
994 for-hire passenger transportation vehicles.—Notwithstanding the
995 provisions of s. 324.031:
996 (1) An owner or a lessee of a for-hire passenger
997 transportation vehicle that is required to be registered in this
998 state shall establish and continuously maintain the ability to
999 respond in damages for liability on account of accidents arising
1000 out of the ownership, maintenance, or use of the for-hire
1001 passenger transportation vehicle, in the amount of:
1002 (a) One hundred twenty-five thousand dollars for bodily
1003 injury to, or the death of, one person in any one crash and,
1004 subject to such limits for one person, in the amount of $250,000
1005 for bodily injury to, or the death of, two or more persons in
1006 any one crash; and A person who is either the owner or a lessee
1007 required to maintain insurance under s. 627.733(1)(b) and who
1008 operates one or more taxicabs, limousines, jitneys, or any other
1009 for-hire passenger transportation vehicles may prove financial
1010 responsibility by furnishing satisfactory evidence of holding a
1011 motor vehicle liability policy, but with minimum limits of
1012 $125,000/250,000/50,000.
1013 (b) Fifty thousand dollars for damage to, or destruction
1014 of, property of others in any one crash A person who is either
1015 the owner or a lessee required to maintain insurance under s.
1016 324.021(9)(b) and who operates limousines, jitneys, or any other
1017 for-hire passenger vehicles, other than taxicabs, may prove
1018 financial responsibility by furnishing satisfactory evidence of
1019 holding a motor vehicle liability policy as defined in s.
1020 324.031.
1021 (2) Except as provided in subsection (3), the requirements
1022 of this section must be met by the owner or lessee providing
1023 satisfactory evidence of holding a motor vehicle liability
1024 policy conforming to the requirements of s. 324.151 which is
1025 issued by an insurance carrier that is a member of the Florida
1026 Insurance Guaranty Association.
1027 (3)(2) An owner or a lessee who is required to maintain
1028 insurance under s. 324.021(9)(b) and who operates at least 300
1029 taxicabs, limousines, jitneys, or any other for-hire passenger
1030 transportation vehicles may provide financial responsibility by
1031 complying with the provisions of s. 324.171, which must such
1032 compliance to be demonstrated by maintaining at its principal
1033 place of business an audited financial statement, prepared in
1034 accordance with generally accepted accounting principles, and
1035 providing to the department a certification issued by a
1036 certified public accountant that the applicant’s net worth is at
1037 least equal to the requirements of s. 324.171 as determined by
1038 the Office of Insurance Regulation of the Financial Services
1039 Commission, including claims liabilities in an amount certified
1040 as adequate by a Fellow of the Casualty Actuarial Society.
1041
1042 Upon request by the department, the applicant shall must provide
1043 the department at the applicant’s principal place of business in
1044 this state access to the applicant’s underlying financial
1045 information and financial statements that provide the basis of
1046 the certified public accountant’s certification. The applicant
1047 shall reimburse the requesting department for all reasonable
1048 costs incurred by it in reviewing the supporting information.
1049 The maximum amount of self-insurance permissible under this
1050 subsection is $300,000 and must be stated on a per-occurrence
1051 basis, and the applicant shall maintain adequate excess
1052 insurance issued by an authorized or eligible insurer licensed
1053 or approved by the Office of Insurance Regulation. All risks
1054 self-insured shall remain with the owner or lessee providing it,
1055 and the risks are not transferable to any other person, unless a
1056 policy complying with subsections (1) and (2) subsection (1) is
1057 obtained.
1058 Section 19. Subsection (2) of section 324.051, Florida
1059 Statutes, is amended, and subsection (4) is added to that
1060 section, to read:
1061 324.051 Reports of crashes; suspensions of licenses and
1062 registrations.—
1063 (2)(a) Thirty days after receipt of notice of any accident
1064 described in paragraph (1)(a) involving a motor vehicle within
1065 this state, the department shall suspend, after due notice and
1066 opportunity to be heard, the license of each operator and all
1067 registrations of the owner of the vehicles operated by such
1068 operator whether or not involved in such crash and, in the case
1069 of a nonresident owner or operator, shall suspend such
1070 nonresident’s operating privilege in this state, unless such
1071 operator or owner shall, prior to the expiration of such 30
1072 days, be found by the department to be exempt from the operation
1073 of this chapter, based upon evidence satisfactory to the
1074 department that:
1075 1. The motor vehicle was legally parked at the time of such
1076 crash.
1077 2. The motor vehicle was owned by the United States
1078 Government, this state, or any political subdivision of this
1079 state or any municipality therein.
1080 3. Such operator or owner has secured a duly acknowledged
1081 written agreement providing for release from liability by all
1082 parties injured as the result of said crash and has complied
1083 with one of the provisions of s. 324.031.
1084 4. Such operator or owner has deposited with the department
1085 security to conform with s. 324.061 when applicable and has
1086 complied with one of the provisions of s. 324.031.
1087 5. One year has elapsed since such owner or operator was
1088 suspended pursuant to subsection (3), the owner or operator has
1089 complied with one of the provisions of s. 324.031, and no bill
1090 of complaint of which the department has notice has been filed
1091 in a court of competent jurisdiction.
1092 (b) This subsection does shall not apply:
1093 1. To such operator or owner if such operator or owner had
1094 in effect at the time of such crash or traffic conviction a
1095 motor vehicle an automobile liability policy with respect to all
1096 of the registered motor vehicles owned by such operator or
1097 owner.
1098 2. To such operator, if not the owner of such motor
1099 vehicle, if there was in effect at the time of such crash or
1100 traffic conviction a motor vehicle an automobile liability
1101 policy or bond with respect to his or her operation of motor
1102 vehicles not owned by him or her.
1103 3. To such operator or owner if the liability of such
1104 operator or owner for damages resulting from such crash is, in
1105 the judgment of the department, covered by any other form of
1106 liability insurance or bond.
1107 4. To any person who has obtained from the department a
1108 certificate of self-insurance, in accordance with s. 324.171, or
1109 to any person operating a motor vehicle for such self-insurer.
1110
1111 No such policy or bond shall be effective under this subsection
1112 unless it contains limits of not less than those specified in s.
1113 324.021(7).
1114 (4) As used in this section, the term “motor vehicle”
1115 includes a motorcycle as defined in s. 320.01(26).
1116 Section 20. Section 324.071, Florida Statutes, is amended
1117 to read:
1118 324.071 Reinstatement; renewal of license; reinstatement
1119 fee.—An Any operator or owner whose license or registration has
1120 been suspended pursuant to s. 324.051(2), s. 324.072, s.
1121 324.081, or s. 324.121 may effect its reinstatement upon
1122 compliance with the provisions of s. 324.051(2)(a)3. or 4., or
1123 s. 324.081(2) and (3), as the case may be, and with one of the
1124 provisions of s. 324.031 and upon payment to the department of a
1125 nonrefundable reinstatement fee of $15. Only one such fee may
1126 shall be paid by any one person regardless irrespective of the
1127 number of licenses and registrations to be then reinstated or
1128 issued to such person. All Such fees must shall be deposited to
1129 a department trust fund. If When the reinstatement of any
1130 license or registration is effected by compliance with s.
1131 324.051(2)(a)3. or 4., the department may shall not renew the
1132 license or registration within a period of 3 years after from
1133 such reinstatement, nor may shall any other license or
1134 registration be issued in the name of such person, unless the
1135 operator continues is continuing to comply with one of the
1136 provisions of s. 324.031.
1137 Section 21. Subsection (1) of section 324.091, Florida
1138 Statutes, is amended to read:
1139 324.091 Notice to department; notice to insurer.—
1140 (1) Each owner and operator involved in a crash or
1141 conviction case within the purview of this chapter shall furnish
1142 evidence of automobile liability insurance or motor vehicle
1143 liability insurance within 14 days after the date of the mailing
1144 of notice of crash by the department in the form and manner as
1145 it may designate. Upon receipt of evidence that a an automobile
1146 liability policy or motor vehicle liability policy was in effect
1147 at the time of the crash or conviction case, the department
1148 shall forward to the insurer such information for verification
1149 in a method as determined by the department. The insurer shall
1150 respond to the department within 20 days after the notice as to
1151 whether or not such information is valid. If the department
1152 determines that a an automobile liability policy or motor
1153 vehicle liability policy was not in effect and did not provide
1154 coverage for both the owner and the operator, it must shall take
1155 action as it is authorized to do under this chapter.
1156 Section 22. Section 324.151, Florida Statutes, is amended
1157 to read:
1158 324.151 Motor vehicle liability policies; required
1159 provisions.—
1160 (1) A motor vehicle liability policy that serves as to be
1161 proof of financial responsibility under s. 324.031(1)(a) must s.
1162 324.031(1), shall be issued to owners or operators of motor
1163 vehicles under the following provisions:
1164 (a) A motor vehicle An owner’s liability insurance policy
1165 issued to an owner of a motor vehicle required to be registered
1166 in this state must shall designate by explicit description or by
1167 appropriate reference all motor vehicles for with respect to
1168 which coverage is thereby granted. The policy must and shall
1169 insure the person or persons owner named therein and, unless
1170 excluded pursuant to s. 627.747, any resident relative of a
1171 named insured any other person as operator using such motor
1172 vehicle or motor vehicles with the express or implied permission
1173 of such owner against loss from the liability imposed by law for
1174 damage arising out of the ownership, maintenance, or use of any
1175 such motor vehicle or motor vehicles within the United States or
1176 the Dominion of Canada, subject to limits, exclusive of interest
1177 and costs with respect to each such motor vehicle as is provided
1178 for under s. 324.021(7). The policy must also insure any person
1179 operating an insured motor vehicle with the express or implied
1180 permission of a named insured against loss from the liability
1181 imposed by law for damage arising out of the use of any vehicle,
1182 unless that person was excluded pursuant to s. 627.747. However,
1183 the insurer may include provisions in its policy excluding
1184 liability coverage for a motor vehicle not designated as an
1185 insured vehicle on the policy if such motor vehicle does not
1186 qualify as a newly acquired vehicle or as a temporary substitute
1187 vehicle and was owned by the insured or was furnished for an
1188 insured’s regular use for more than 30 consecutive days before
1189 the event giving rise to the claim. Insurers may make available,
1190 with respect to property damage liability coverage, a deductible
1191 amount not to exceed $500. In the event of a property damage
1192 loss covered by a policy containing a property damage deductible
1193 provision, the insurer shall pay to the third-party claimant the
1194 amount of any property damage liability settlement or judgment,
1195 subject to policy limits, as if no deductible existed.
1196 (b) A motor vehicle liability insurance policy issued to a
1197 person who does not own a motor vehicle must An operator’s motor
1198 vehicle liability policy of insurance shall insure the person or
1199 persons named therein against loss from the liability imposed
1200 upon him or her by law for damages arising out of the use by the
1201 person of any motor vehicle not owned by him or her, with the
1202 same territorial limits and subject to the same limits of
1203 liability as referred to above with respect to an owner’s policy
1204 of liability insurance.
1205 (c) All such motor vehicle liability policies must provide
1206 liability coverage with limits, exclusive of interest and costs,
1207 as specified under s. 324.021(7) for accidents occurring within
1208 the United States and Canada. The policies must shall state the
1209 name and address of the named insured, the coverage afforded by
1210 the policy, the premium charged therefor, the policy period, and
1211 the limits of liability, and must shall contain an agreement or
1212 be endorsed that insurance is provided in accordance with the
1213 coverage defined in this chapter as respects bodily injury and
1214 death or property damage or both and is subject to all
1215 provisions of this chapter. The Said policies must shall also
1216 contain a provision that the satisfaction by an insured of a
1217 judgment for such injury or damage may shall not be a condition
1218 precedent to the right or duty of the insurance carrier to make
1219 payment on account of such injury or damage, and must shall also
1220 contain a provision that bankruptcy or insolvency of the insured
1221 or of the insured’s estate does shall not relieve the insurance
1222 carrier of any of its obligations under the said policy.
1223 (2) The provisions of This section is shall not be
1224 applicable to any motor vehicle automobile liability policy
1225 unless and until it is furnished as proof of financial
1226 responsibility for the future pursuant to s. 324.031, and then
1227 applies only from and after the date the said policy is so
1228 furnished.
1229 (3) As used in this section, the term:
1230 (a) “Newly acquired vehicle” means a vehicle owned by a
1231 named insured or resident relative of the named insured which
1232 was acquired no more than 30 days before an accident.
1233 (b) “Resident relative” means a person related to a named
1234 insured by any degree by blood, marriage, or adoption, including
1235 a ward or foster child, who usually makes his or her home in the
1236 same family unit or residence as the named insured, regardless
1237 of whether he or she temporarily lives elsewhere.
1238 (c) “Temporary substitute vehicle” means any motor vehicle
1239 as defined in s. 320.01(1) which is not owned by the named
1240 insured and which is temporarily used with the permission of the
1241 owner as a substitute for the owned motor vehicle designated on
1242 the policy when the owned vehicle is withdrawn from normal use
1243 because of breakdown, repair, servicing, loss, or destruction.
1244 Section 23. Section 324.161, Florida Statutes, is amended
1245 to read:
1246 324.161 Proof of financial responsibility; deposit.—If a
1247 person elects to prove his or her financial responsibility under
1248 the method of proof specified in s. 324.031(1)(b), he or she
1249 annually must obtain and submit to the department proof of a
1250 certificate of deposit in the amount required under s.
1251 324.031(2) from a financial institution insured by the Federal
1252 Deposit Insurance Corporation or the National Credit Union
1253 Administration Annually, before any certificate of insurance may
1254 be issued to a person, including any firm, partnership,
1255 association, corporation, or other person, other than a natural
1256 person, proof of a certificate of deposit of $30,000 issued and
1257 held by a financial institution must be submitted to the
1258 department. A power of attorney will be issued to and held by
1259 the department and may be executed upon a judgment issued
1260 against such person making the deposit, for damages for because
1261 of bodily injury to or death of any person or for damages for
1262 because of injury to or destruction of property resulting from
1263 the use or operation of any motor vehicle occurring after such
1264 deposit was made. Money so deposited is shall not be subject to
1265 attachment or execution unless such attachment or execution
1266 arises shall arise out of a lawsuit suit for such damages as
1267 aforesaid.
1268 Section 24. Subsections (1) and (2) of section 324.171,
1269 Florida Statutes, are amended to read:
1270 324.171 Self-insurer.—
1271 (1) A Any person may qualify as a self-insurer by obtaining
1272 a certificate of self-insurance from the department. which may,
1273 in its discretion and Upon application of such a person, the
1274 department may issue a said certificate of self-insurance to an
1275 applicant who satisfies when such person has satisfied the
1276 requirements of this section. Effective January 1, 2022 to
1277 qualify as a self-insurer under this section:
1278 (a) A private individual with private passenger vehicles
1279 shall possess a net unencumbered worth of at least $100,000
1280 $40,000.
1281 (b) A person, including any firm, partnership, association,
1282 corporation, or other person, other than a natural person,
1283 shall:
1284 1. Possess a net unencumbered worth of at least $100,000
1285 $40,000 for the first motor vehicle and $50,000 $20,000 for each
1286 additional motor vehicle; or
1287 2. Maintain sufficient net worth, in an amount determined
1288 by the department, to be financially responsible for potential
1289 losses. The department annually shall determine the minimum net
1290 worth sufficient to satisfy this subparagraph as determined
1291 annually by the department, pursuant to rules adopted
1292 promulgated by the department, with the assistance of the Office
1293 of Insurance Regulation of the Financial Services Commission, to
1294 be financially responsible for potential losses. The rules must
1295 consider any shall take into consideration excess insurance
1296 carried by the applicant. The department’s determination must
1297 shall be based upon reasonable actuarial principles considering
1298 the frequency, severity, and loss development of claims incurred
1299 by casualty insurers writing coverage on the type of motor
1300 vehicles for which a certificate of self-insurance is desired.
1301 (c) The owner of a commercial motor vehicle, as defined in
1302 s. 207.002 or s. 320.01, may qualify as a self-insurer subject
1303 to the standards provided for in subparagraph (b)2.
1304 (2) The self-insurance certificate must shall provide
1305 limits of liability insurance in the amounts specified under s.
1306 324.021(7) or s. 627.7415 and shall provide personal injury
1307 protection coverage under s. 627.733(3)(b).
1308 Section 25. Section 324.251, Florida Statutes, is amended
1309 to read:
1310 324.251 Short title.—This chapter may be cited as the
1311 “Financial Responsibility Law of 2021 1955” and is shall become
1312 effective at 12:01 a.m., January 1, 2022 October 1, 1955.
1313 Section 26. Subsection (4) of section 400.9905, Florida
1314 Statutes, is amended to read:
1315 400.9905 Definitions.—
1316 (4)(a) “Clinic” means an entity where health care services
1317 are provided to individuals and which tenders charges for
1318 reimbursement for such services, including a mobile clinic and a
1319 portable equipment provider. As used in this part, the term does
1320 not include and the licensure requirements of this part do not
1321 apply to:
1322 1.(a) Entities licensed or registered by the state under
1323 chapter 395; entities licensed or registered by the state and
1324 providing only health care services within the scope of services
1325 authorized under their respective licenses under ss. 383.30
1326 383.332, chapter 390, chapter 394, chapter 397, this chapter
1327 except part X, chapter 429, chapter 463, chapter 465, chapter
1328 466, chapter 478, chapter 484, or chapter 651; end-stage renal
1329 disease providers authorized under 42 C.F.R. part 494; providers
1330 certified and providing only health care services within the
1331 scope of services authorized under their respective
1332 certifications under 42 C.F.R. part 485, subpart B, subpart H,
1333 or subpart J; providers certified and providing only health care
1334 services within the scope of services authorized under their
1335 respective certifications under 42 C.F.R. part 486, subpart C;
1336 providers certified and providing only health care services
1337 within the scope of services authorized under their respective
1338 certifications under 42 C.F.R. part 491, subpart A; providers
1339 certified by the Centers for Medicare and Medicaid Services
1340 under the federal Clinical Laboratory Improvement Amendments and
1341 the federal rules adopted thereunder; or any entity that
1342 provides neonatal or pediatric hospital-based health care
1343 services or other health care services by licensed practitioners
1344 solely within a hospital licensed under chapter 395.
1345 2.(b) Entities that own, directly or indirectly, entities
1346 licensed or registered by the state pursuant to chapter 395;
1347 entities that own, directly or indirectly, entities licensed or
1348 registered by the state and providing only health care services
1349 within the scope of services authorized pursuant to their
1350 respective licenses under ss. 383.30-383.332, chapter 390,
1351 chapter 394, chapter 397, this chapter except part X, chapter
1352 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
1353 484, or chapter 651; end-stage renal disease providers
1354 authorized under 42 C.F.R. part 494; providers certified and
1355 providing only health care services within the scope of services
1356 authorized under their respective certifications under 42 C.F.R.
1357 part 485, subpart B, subpart H, or subpart J; providers
1358 certified and providing only health care services within the
1359 scope of services authorized under their respective
1360 certifications under 42 C.F.R. part 486, subpart C; providers
1361 certified and providing only health care services within the
1362 scope of services authorized under their respective
1363 certifications under 42 C.F.R. part 491, subpart A; providers
1364 certified by the Centers for Medicare and Medicaid Services
1365 under the federal Clinical Laboratory Improvement Amendments and
1366 the federal rules adopted thereunder; or any entity that
1367 provides neonatal or pediatric hospital-based health care
1368 services by licensed practitioners solely within a hospital
1369 licensed under chapter 395.
1370 3.(c) Entities that are owned, directly or indirectly, by
1371 an entity licensed or registered by the state pursuant to
1372 chapter 395; entities that are owned, directly or indirectly, by
1373 an entity licensed or registered by the state and providing only
1374 health care services within the scope of services authorized
1375 pursuant to their respective licenses under ss. 383.30-383.332,
1376 chapter 390, chapter 394, chapter 397, this chapter except part
1377 X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
1378 478, chapter 484, or chapter 651; end-stage renal disease
1379 providers authorized under 42 C.F.R. part 494; providers
1380 certified and providing only health care services within the
1381 scope of services authorized under their respective
1382 certifications under 42 C.F.R. part 485, subpart B, subpart H,
1383 or subpart J; providers certified and providing only health care
1384 services within the scope of services authorized under their
1385 respective certifications under 42 C.F.R. part 486, subpart C;
1386 providers certified and providing only health care services
1387 within the scope of services authorized under their respective
1388 certifications under 42 C.F.R. part 491, subpart A; providers
1389 certified by the Centers for Medicare and Medicaid Services
1390 under the federal Clinical Laboratory Improvement Amendments and
1391 the federal rules adopted thereunder; or any entity that
1392 provides neonatal or pediatric hospital-based health care
1393 services by licensed practitioners solely within a hospital
1394 under chapter 395.
1395 4.(d) Entities that are under common ownership, directly or
1396 indirectly, with an entity licensed or registered by the state
1397 pursuant to chapter 395; entities that are under common
1398 ownership, directly or indirectly, with an entity licensed or
1399 registered by the state and providing only health care services
1400 within the scope of services authorized pursuant to their
1401 respective licenses under ss. 383.30-383.332, chapter 390,
1402 chapter 394, chapter 397, this chapter except part X, chapter
1403 429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
1404 484, or chapter 651; end-stage renal disease providers
1405 authorized under 42 C.F.R. part 494; providers certified and
1406 providing only health care services within the scope of services
1407 authorized under their respective certifications under 42 C.F.R.
1408 part 485, subpart B, subpart H, or subpart J; providers
1409 certified and providing only health care services within the
1410 scope of services authorized under their respective
1411 certifications under 42 C.F.R. part 486, subpart C; providers
1412 certified and providing only health care services within the
1413 scope of services authorized under their respective
1414 certifications under 42 C.F.R. part 491, subpart A; providers
1415 certified by the Centers for Medicare and Medicaid Services
1416 under the federal Clinical Laboratory Improvement Amendments and
1417 the federal rules adopted thereunder; or any entity that
1418 provides neonatal or pediatric hospital-based health care
1419 services by licensed practitioners solely within a hospital
1420 licensed under chapter 395.
1421 5.(e) An entity that is exempt from federal taxation under
1422 26 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
1423 under 26 U.S.C. s. 409 that has a board of trustees at least
1424 two-thirds of which are Florida-licensed health care
1425 practitioners and provides only physical therapy services under
1426 physician orders, any community college or university clinic,
1427 and any entity owned or operated by the federal or state
1428 government, including agencies, subdivisions, or municipalities
1429 thereof.
1430 6.(f) A sole proprietorship, group practice, partnership,
1431 or corporation that provides health care services by physicians
1432 covered by s. 627.419, that is directly supervised by one or
1433 more of such physicians, and that is wholly owned by one or more
1434 of those physicians or by a physician and the spouse, parent,
1435 child, or sibling of that physician.
1436 7.(g) A sole proprietorship, group practice, partnership,
1437 or corporation that provides health care services by licensed
1438 health care practitioners under chapter 457, chapter 458,
1439 chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
1440 chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
1441 chapter 490, chapter 491, or part I, part III, part X, part
1442 XIII, or part XIV of chapter 468, or s. 464.012, and that is
1443 wholly owned by one or more licensed health care practitioners,
1444 or the licensed health care practitioners set forth in this
1445 subparagraph paragraph and the spouse, parent, child, or sibling
1446 of a licensed health care practitioner if one of the owners who
1447 is a licensed health care practitioner is supervising the
1448 business activities and is legally responsible for the entity’s
1449 compliance with all federal and state laws. However, a health
1450 care practitioner may not supervise services beyond the scope of
1451 the practitioner’s license, except that, for the purposes of
1452 this part, a clinic owned by a licensee in s. 456.053(3)(b)
1453 which provides only services authorized pursuant to s.
1454 456.053(3)(b) may be supervised by a licensee specified in s.
1455 456.053(3)(b).
1456 8.(h) Clinical facilities affiliated with an accredited
1457 medical school at which training is provided for medical
1458 students, residents, or fellows.
1459 9.(i) Entities that provide only oncology or radiation
1460 therapy services by physicians licensed under chapter 458 or
1461 chapter 459 or entities that provide oncology or radiation
1462 therapy services by physicians licensed under chapter 458 or
1463 chapter 459 which are owned by a corporation whose shares are
1464 publicly traded on a recognized stock exchange.
1465 10.(j) Clinical facilities affiliated with a college of
1466 chiropractic accredited by the Council on Chiropractic Education
1467 at which training is provided for chiropractic students.
1468 11.(k) Entities that provide licensed practitioners to
1469 staff emergency departments or to deliver anesthesia services in
1470 facilities licensed under chapter 395 and that derive at least
1471 90 percent of their gross annual revenues from the provision of
1472 such services. Entities claiming an exemption from licensure
1473 under this subparagraph paragraph must provide documentation
1474 demonstrating compliance.
1475 12.(l) Orthotic, prosthetic, pediatric cardiology, or
1476 perinatology clinical facilities or anesthesia clinical
1477 facilities that are not otherwise exempt under subparagraph 1.
1478 or subparagraph 11. paragraph (a) or paragraph (k) and that are
1479 a publicly traded corporation or are wholly owned, directly or
1480 indirectly, by a publicly traded corporation. As used in this
1481 subparagraph paragraph, a publicly traded corporation is a
1482 corporation that issues securities traded on an exchange
1483 registered with the United States Securities and Exchange
1484 Commission as a national securities exchange.
1485 13.(m) Entities that are owned by a corporation that has
1486 $250 million or more in total annual sales of health care
1487 services provided by licensed health care practitioners where
1488 one or more of the persons responsible for the operations of the
1489 entity is a health care practitioner who is licensed in this
1490 state and who is responsible for supervising the business
1491 activities of the entity and is responsible for the entity’s
1492 compliance with state law for purposes of this part.
1493 14.(n) Entities that employ 50 or more licensed health care
1494 practitioners licensed under chapter 458 or chapter 459 where
1495 the billing for medical services is under a single tax
1496 identification number. The application for exemption under this
1497 subsection must include shall contain information that includes:
1498 the name, residence, and business address and telephone phone
1499 number of the entity that owns the practice; a complete list of
1500 the names and contact information of all the officers and
1501 directors of the corporation; the name, residence address,
1502 business address, and medical license number of each licensed
1503 Florida health care practitioner employed by the entity; the
1504 corporate tax identification number of the entity seeking an
1505 exemption; a listing of health care services to be provided by
1506 the entity at the health care clinics owned or operated by the
1507 entity; and a certified statement prepared by an independent
1508 certified public accountant which states that the entity and the
1509 health care clinics owned or operated by the entity have not
1510 received payment for health care services under medical payments
1511 personal injury protection insurance coverage for the preceding
1512 year. If the agency determines that an entity that which is
1513 exempt under this subsection has received payments for medical
1514 services under medical payments personal injury protection
1515 insurance coverage, the agency may deny or revoke the exemption
1516 from licensure under this subsection.
1517 15.(o) Entities that are, directly or indirectly, under the
1518 common ownership of or that are subject to common control by a
1519 mutual insurance holding company, as defined in s. 628.703, with
1520 an entity issued a certificate of authority under chapter 624 or
1521 chapter 641 which has $1 billion or more in total annual sales
1522 in this state.
1523 16.(p) Entities that are owned by an entity that is a
1524 behavioral health care service provider in at least five other
1525 states; that, together with its affiliates, have $90 million or
1526 more in total annual revenues associated with the provision of
1527 behavioral health care services; and wherein one or more of the
1528 persons responsible for the operations of the entity is a health
1529 care practitioner who is licensed in this state, who is
1530 responsible for supervising the business activities of the
1531 entity, and who is responsible for the entity’s compliance with
1532 state law for purposes of this part.
1533 17.(q) Medicaid providers.
1534 (b) Notwithstanding paragraph (a) this subsection, an
1535 entity is shall be deemed a clinic and must be licensed under
1536 this part in order to receive medical payments coverage
1537 reimbursement under s. 627.7265 unless the entity is:
1538 1. Wholly owned by a physician licensed under chapter 458
1539 or chapter 459 or by the physician and the spouse, parent,
1540 child, or sibling of the physician;
1541 2. Wholly owned by a dentist licensed under chapter 466 or
1542 by the dentist and the spouse, parent, child, or sibling of the
1543 dentist;
1544 3. Wholly owned by a chiropractic physician licensed under
1545 chapter 460 or by the chiropractic physician and the spouse,
1546 parent, child, or sibling of the chiropractic physician;
1547 4. A hospital or ambulatory surgical center licensed under
1548 chapter 395;
1549 5. An entity that wholly owns or is wholly owned, directly
1550 or indirectly, by a hospital or hospitals licensed under chapter
1551 395;
1552 6. A clinical facility affiliated with an accredited
1553 medical school at which training is provided for medical
1554 students, residents, or fellows;
1555 7. Certified under 42 C.F.R. part 485, subpart H; or
1556 8. Owned by a publicly traded corporation, either directly
1557 or indirectly through its subsidiaries, which has $250 million
1558 or more in total annual sales of health care services provided
1559 by licensed health care practitioners, if one or more of the
1560 persons responsible for the operations of the entity are health
1561 care practitioners who are licensed in this state and are
1562 responsible for supervising the business activities of the
1563 entity and the entity’s compliance with state law for purposes
1564 of this subsection the Florida Motor Vehicle No-Fault Law, ss.
1565 627.730-627.7405, unless exempted under s. 627.736(5)(h).
1566 Section 27. Subsection (5) of section 400.991, Florida
1567 Statutes, is amended to read:
1568 400.991 License requirements; background screenings;
1569 prohibitions.—
1570 (5) All agency forms for licensure application or exemption
1571 from licensure under this part must contain the following
1572 statement:
1573
1574 INSURANCE FRAUD NOTICE.—A person commits a fraudulent
1575 insurance act, as defined in s. 626.989, Florida
1576 Statutes, if the person who knowingly submits a false,
1577 misleading, or fraudulent application or other
1578 document when applying for licensure as a health care
1579 clinic, seeking an exemption from licensure as a
1580 health care clinic, or demonstrating compliance with
1581 part X of chapter 400, Florida Statutes, with the
1582 intent to use the license, exemption from licensure,
1583 or demonstration of compliance to provide services or
1584 seek reimbursement under a motor vehicle liability
1585 insurance policy’s medical payments coverage the
1586 Florida Motor Vehicle No-Fault Law, commits a
1587 fraudulent insurance act, as defined in s. 626.989,
1588 Florida Statutes. A person who presents a claim for
1589 benefits under medical payments coverage personal
1590 injury protection benefits knowing that the payee
1591 knowingly submitted such health care clinic
1592 application or document, commits insurance fraud, as
1593 defined in s. 817.234, Florida Statutes.
1594 Section 28. Paragraph (g) of subsection (1) of section
1595 400.9935, Florida Statutes, is amended to read:
1596 400.9935 Clinic responsibilities.—
1597 (1) Each clinic shall appoint a medical director or clinic
1598 director who shall agree in writing to accept legal
1599 responsibility for the following activities on behalf of the
1600 clinic. The medical director or the clinic director shall:
1601 (g) Conduct systematic reviews of clinic billings to ensure
1602 that the billings are not fraudulent or unlawful. Upon discovery
1603 of an unlawful charge, the medical director or clinic director
1604 shall take immediate corrective action. If the clinic performs
1605 only the technical component of magnetic resonance imaging,
1606 static radiographs, computed tomography, or positron emission
1607 tomography, and provides the professional interpretation of such
1608 services, in a fixed facility that is accredited by a national
1609 accrediting organization that is approved by the Centers for
1610 Medicare and Medicaid Services for magnetic resonance imaging
1611 and advanced diagnostic imaging services and if, in the
1612 preceding quarter, the percentage of scans performed by that
1613 clinic which was billed to motor vehicle all personal injury
1614 protection insurance carriers under medical payments coverage
1615 was less than 15 percent, the chief financial officer of the
1616 clinic may, in a written acknowledgment provided to the agency,
1617 assume the responsibility for the conduct of the systematic
1618 reviews of clinic billings to ensure that the billings are not
1619 fraudulent or unlawful.
1620 Section 29. Subsection (28) of section 409.901, Florida
1621 Statutes, is amended to read:
1622 409.901 Definitions; ss. 409.901-409.920.—As used in ss.
1623 409.901-409.920, except as otherwise specifically provided, the
1624 term:
1625 (28) “Third-party benefit” means any benefit that is or may
1626 be available at any time through contract, court award,
1627 judgment, settlement, agreement, or any arrangement between a
1628 third party and any person or entity, including, without
1629 limitation, a Medicaid recipient, a provider, another third
1630 party, an insurer, or the agency, for any Medicaid-covered
1631 injury, illness, goods, or services, including costs of medical
1632 services related thereto, for bodily personal injury or for
1633 death of the recipient, but specifically excluding policies of
1634 life insurance policies on the recipient, unless available under
1635 terms of the policy to pay medical expenses before prior to
1636 death. The term includes, without limitation, collateral, as
1637 defined in this section;, health insurance;, any benefit under a
1638 health maintenance organization, a preferred provider
1639 arrangement, a prepaid health clinic, liability insurance,
1640 uninsured motorist insurance, or medical payments coverage; or
1641 personal injury protection coverage, medical benefits under
1642 workers’ compensation, and any obligation under law or equity to
1643 provide medical support.
1644 Section 30. Paragraph (f) of subsection (11) of section
1645 409.910, Florida Statutes, is amended to read:
1646 409.910 Responsibility for payments on behalf of Medicaid
1647 eligible persons when other parties are liable.—
1648 (11) The agency may, as a matter of right, in order to
1649 enforce its rights under this section, institute, intervene in,
1650 or join any legal or administrative proceeding in its own name
1651 in one or more of the following capacities: individually, as
1652 subrogee of the recipient, as assignee of the recipient, or as
1653 lienholder of the collateral.
1654 (f) Notwithstanding any provision in this section to the
1655 contrary, in the event of an action in tort against a third
1656 party in which the recipient or his or her legal representative
1657 is a party which results in a judgment, award, or settlement
1658 from a third party, the amount recovered shall be distributed as
1659 follows:
1660 1. After attorney attorney’s fees and taxable costs as
1661 defined by the Florida Rules of Civil Procedure, one-half of the
1662 remaining recovery shall be paid to the agency up to the total
1663 amount of medical assistance provided by Medicaid.
1664 2. The remaining amount of the recovery shall be paid to
1665 the recipient.
1666 3. For purposes of calculating the agency’s recovery of
1667 medical assistance benefits paid, the fee for services of an
1668 attorney retained by the recipient or his or her legal
1669 representative shall be calculated at 25 percent of the
1670 judgment, award, or settlement.
1671 4. Notwithstanding any other provision of this section to
1672 the contrary, the agency shall be entitled to all medical
1673 coverage benefits up to the total amount of medical assistance
1674 provided by Medicaid. For purposes of this paragraph, the term
1675 “medical coverage” means any benefits under health insurance, a
1676 health maintenance organization, a preferred provider
1677 arrangement, or a prepaid health clinic, and the portion of
1678 benefits designated for medical payments under coverage for
1679 workers’ compensation coverage, motor vehicle insurance
1680 coverage, personal injury protection, and casualty coverage.
1681 Section 31. Paragraph (k) of subsection (2) of section
1682 456.057, Florida Statutes, is amended to read:
1683 456.057 Ownership and control of patient records; report or
1684 copies of records to be furnished; disclosure of information.—
1685 (2) As used in this section, the terms “records owner,”
1686 “health care practitioner,” and “health care practitioner’s
1687 employer” do not include any of the following persons or
1688 entities; furthermore, the following persons or entities are not
1689 authorized to acquire or own medical records, but are authorized
1690 under the confidentiality and disclosure requirements of this
1691 section to maintain those documents required by the part or
1692 chapter under which they are licensed or regulated:
1693 (k) Persons or entities practicing under s. 627.736(7).
1694 Section 32. Paragraphs (ee) and (ff) of subsection (1) of
1695 section 456.072, Florida Statutes, are amended to read:
1696 456.072 Grounds for discipline; penalties; enforcement.—
1697 (1) The following acts shall constitute grounds for which
1698 the disciplinary actions specified in subsection (2) may be
1699 taken:
1700 (ee) With respect to making a medical payments coverage
1701 personal injury protection claim under s. 627.7265 as required
1702 by s. 627.736, intentionally submitting a claim, statement, or
1703 bill that has been upcoded. As used in this paragraph, the term
1704 “upcoded” means an action that submits a billing code that would
1705 result in a greater payment amount than would be paid using a
1706 billing code that accurately describes the services performed.
1707 The term does not include an otherwise lawful bill by a magnetic
1708 resonance imaging facility which globally combines both
1709 technical and professional components, if the amount of the
1710 global bill is not more than the components if billed
1711 separately; however, payment of such a bill constitutes payment
1712 in full for all components of such service “upcoded” as defined
1713 in s. 627.732.
1714 (ff) With respect to making a medical payments coverage
1715 personal injury protection claim pursuant to s. 627.7265 as
1716 required by s. 627.736, intentionally submitting a claim,
1717 statement, or bill for payment of services that were not
1718 rendered.
1719 Section 33. Paragraph (b) of subsection (1) and subsection
1720 (8) of section 624.155, Florida Statutes, are amended to read:
1721 624.155 Civil remedy.—
1722 (1) Any person may bring a civil action against an insurer
1723 when such person is damaged:
1724 (b) By the commission of any of the following acts by the
1725 insurer:
1726 1. Except for a civil action for bad faith failure to
1727 settle a third-party claim subject to s. 624.156, not attempting
1728 in good faith to settle claims when, under all the
1729 circumstances, it could and should have done so, had it acted
1730 fairly and honestly toward its insured and with due regard for
1731 her or his interests;
1732 2. Making claims payments to insureds or beneficiaries not
1733 accompanied by a statement setting forth the coverage under
1734 which payments are being made; or
1735 3. Except as to liability coverages, failing to promptly
1736 settle claims, when the obligation to settle a claim has become
1737 reasonably clear, under one portion of the insurance policy
1738 coverage in order to influence settlements under other portions
1739 of the insurance policy coverage; or
1740 4. When handling a first-party claim under a motor vehicle
1741 insurance policy, not attempting in good faith to settle such
1742 claim pursuant to subparagraph 1. when such failure is caused by
1743 a failure to communicate to an insured:
1744 a. The name, telephone number, e-mail address, and mailing
1745 address of the person who is adjusting the claim;
1746 b. Any issues that may impair the insured’s coverage;
1747 c. Information that might resolve the coverage issue in a
1748 prompt manner;
1749 d. Any basis for the insurer’s rejection or nonacceptance
1750 of any settlement demand or offer; or
1751 e. Any needed extensions to respond to a time-limited
1752 settlement offer.
1753
1754 Notwithstanding the provisions of the above to the contrary, a
1755 person pursuing a remedy under this section need not prove that
1756 such act was committed or performed with such frequency as to
1757 indicate a general business practice.
1758 (8) The civil remedy specified in this section does not
1759 preempt any other remedy or cause of action provided for
1760 pursuant to any other statute or pursuant to the common law of
1761 this state. A Any person is may obtain a judgment under either
1762 the common-law remedy of bad faith or this statutory remedy, but
1763 shall not be entitled to a judgment under multiple bad faith
1764 both remedies. This section shall not be construed to create a
1765 common-law cause of action. The damages recoverable pursuant to
1766 this section shall include those damages which are a reasonably
1767 foreseeable result of a specified violation of this section by
1768 the authorized insurer and may include an award or judgment in
1769 an amount that exceeds the policy limits.
1770 Section 34. Section 624.156, Florida Statutes, is created
1771 to read:
1772 624.156 Actions against motor vehicle insurers for bad
1773 faith failure to settle third-party claims.—
1774 (1) SCOPE.—This section applies in all actions against any
1775 insurer for bad faith failure to settle a third-party claim for
1776 a loss arising out of the ownership, maintenance, or use of a
1777 motor vehicle operated or principally garaged in this state at
1778 the time of an incident or a loss, regardless of whether the
1779 insurer is authorized to do business in this state or issued a
1780 policy in this state. This section governs in any conflict with
1781 common law or any other statute.
1782 (2) DUTY OF GOOD FAITH.—In handling claims, an insurer has
1783 a duty to its insured to handle claims in good faith by
1784 complying with the best practices standards of subsection (4).
1785 An insurer’s negligence does not constitute bad faith. However,
1786 negligence is relevant to whether an insurer acted in bad faith.
1787 (3) BAD FAITH FAILURE TO SETTLE.—The term “bad faith
1788 failure to settle” means an insurer’s failure to meet its duty
1789 of good faith, as described in subsection (2), which is a
1790 proximate cause of the insurer not settling a third-party claim
1791 when, under all the circumstances, the insurer could and should
1792 have done so, had it acted fairly and honestly toward its
1793 insured and with due regard for the insured’s interests.
1794 (4) BEST PRACTICES STANDARDS.—An insurer must meet the best
1795 practices standards of this subsection. The insurer’s duty
1796 begins upon receiving actual notice of an incident or a loss
1797 that could give rise to a covered liability claim and continues
1798 until the claim is resolved. Notice may be communicated to the
1799 insurer or an agent of the insurer by any means. However, if
1800 actual notice is communicated by means other than through any
1801 manner permitted by the policy or other documents provided to
1802 the insured by the insurer, through the insurer’s website, or
1803 through the e-mail address designated by the insurer under s.
1804 624.422, the notice will not be effective under this subsection
1805 if that variation causes actual prejudice to the insurer’s
1806 ability to settle the claim. The burden is on the party bringing
1807 the bad faith claim to prove that the insurer had actual notice
1808 of the incident or loss giving rise to the claim that resulted
1809 in an excess judgment and when such notice was received. After
1810 receipt of actual notice, an insurer:
1811 (a) Must assign a duly licensed and appointed insurance
1812 adjuster to investigate the extent of the insured’s probable
1813 exposure and diligently attempt to resolve any questions
1814 concerning the existence or extent of the insured’s coverage.
1815 (b) Based on available information, must ethically evaluate
1816 every claim fairly, honestly, and with due regard for the
1817 interests of the insured; consider the extent of the claimant’s
1818 recoverable damages; and consider the information in a
1819 reasonable and prudent manner.
1820 (c) Must request from the insured or claimant additional
1821 relevant information the insurer reasonably deems necessary to
1822 evaluate whether to settle a claim.
1823 (d) Must conduct all oral and written communications with
1824 the insured with the utmost honesty and complete candor.
1825 (e) Must make reasonable efforts to explain to persons not
1826 represented by counsel matters requiring expertise beyond the
1827 level normally expected of a layperson with no training in
1828 insurance or claims-handling issues.
1829 (f) Must retain all written communications and note and
1830 retain a summary of all verbal communications in a reasonable
1831 manner for a period of not less than 5 years after the later of:
1832 1. The entry of a judgment against the insured in excess of
1833 policy limits becomes final; or
1834 2. The conclusion of the extracontractual claim, if any,
1835 including any related appeals.
1836 (g) Must provide the insured, upon request, with all
1837 communications related to the insurer’s handling of the claim
1838 which are not privileged as to the insured.
1839 (h) Must provide, at the insurer’s expense, reasonable
1840 accommodations necessary to communicate effectively with an
1841 insured covered under the Americans with Disabilities Act.
1842 (i) In handling third-party claims, must communicate to an
1843 insured all of the following:
1844 1. The identity of any other person or entity the insurer
1845 has reason to believe may be liable.
1846 2. The insurer’s evaluation of the claim.
1847 3. The likelihood and possible extent of an excess
1848 judgment.
1849 4. Steps the insured can take to avoid exposure to an
1850 excess judgment, including the right to secure personal counsel
1851 at the insured’s expense.
1852 5. The insured’s duty to cooperate with the insurer,
1853 including any specific requests required because of a settlement
1854 opportunity or by the insurer for the insured’s cooperation
1855 under subsection (5), the purpose of the required cooperation,
1856 and the consequences of refusing to cooperate.
1857 6. Any settlement demands or offers.
1858 (j) If, after the expiration of the safe harbor periods in
1859 subsection (8), the facts available to the insurer indicate that
1860 the insured’s liability is likely to exceed the policy limits,
1861 must initiate settlement negotiations by tendering its policy
1862 limits to the claimant in exchange for a general release of the
1863 insured.
1864 (k)1. Must give fair consideration to a settlement offer
1865 that is not unreasonable under the facts available to the
1866 insurer and settle, if possible, when a reasonably prudent
1867 person, faced with the prospect of paying the total probable
1868 exposure of the insured, would do so. The insurer shall provide
1869 reasonable assistance to the insured to comply with the
1870 insured’s obligations to cooperate and shall act reasonably to
1871 attempt to satisfy any conditions of a claimant’s settlement
1872 offer. If it is not possible to settle a liability claim within
1873 the available policy limits, the insurer shall act reasonably to
1874 attempt to minimize the excess exposure to the insured.
1875 2. When multiple claims arise out of a single occurrence,
1876 the combined value of all claims exceeds the total of all
1877 applicable policy limits, and the claimants are unwilling to
1878 globally settle within the policy limits, thereafter, must
1879 attempt to minimize the magnitude of possible excess judgments
1880 against the insured. The insurer is entitled to great discretion
1881 to decide how much to offer each respective claimant in its
1882 attempt to protect the insured. The insurer may, in its effort
1883 to minimize the excess liability of the insured, use its
1884 discretion to offer the full available policy limits to one or
1885 more claimants to the exclusion of other claimants and may leave
1886 the insured exposed to some liability after all the policy
1887 limits are paid. An insurer does not act in bad faith simply
1888 because it is unable to settle all claims in a multiple claimant
1889 case. It is a defense to a bad faith action if the insurer
1890 establishes that it used its discretion for the benefit of its
1891 insureds and complied with the other best practices standards of
1892 this subsection.
1893 (l) When a loss creates the potential for a third-party
1894 claim against more than one insured, must attempt to settle the
1895 claim on behalf of all insureds against whom a claim may be
1896 presented. If it is not possible to settle on behalf of all
1897 insureds, the insurer may, in consultation with the insureds,
1898 enter into reasonable settlements of claims against certain
1899 insureds to the exclusion of other insureds.
1900 (m) Must respond to any request for insurance information
1901 in compliance with s. 626.9372 or s. 627.4137, as applicable.
1902 (n) Where it appears the insured’s probable exposure is
1903 greater than policy limits, must take reasonable measures to
1904 preserve evidence, for a reasonable period of time, which is
1905 needed for the defense of the liability claim.
1906 (o) Must comply with s. 627.426, if applicable.
1907 (p) May not commit or perform with such frequency as to
1908 indicate a general business practice, any of the following:
1909 1. Failing to adopt and implement standards for the proper
1910 investigation of claims.
1911 2. Misrepresenting pertinent facts or insurance policy
1912 provisions relating to coverages at issue.
1913 3. Failing to acknowledge and act promptly upon
1914 communications with respect to claims.
1915 4. Denying claims without conducting reasonable
1916 investigations based upon available information.
1917 (5) INSURED’S DUTY TO COOPERATE.—
1918 (a) Insureds have a duty to cooperate with their insurer in
1919 the defense of the claim and in making settlements. Accordingly,
1920 the insured must take any reasonable action requested by the
1921 injured claimant or provided in the policy which is necessary to
1922 assist the insurer in settling a covered claim, including:
1923 1. Executing affidavits regarding the facts within the
1924 insured’s knowledge regarding the covered loss; and
1925 2. Providing documents, including those requested pursuant
1926 to paragraph (b).
1927 (b) When it is reasonably necessary to settle a covered
1928 claim valued in excess of all applicable policy limits, upon the
1929 request of the injured claimant, an insured must disclose on a
1930 form adopted by the department or provided by the claimant a
1931 summary of the following:
1932 1. The insured’s assets at the time of the loss, including:
1933 a. Cash, stocks, bonds, and nonretirement-based mutual
1934 funds;
1935 b. Nonhomestead real property;
1936 c. All registered vehicles;
1937 d. All bank accounts;
1938 e. An estimated net accounting of all other assets; and
1939 f. Any additional information included by the department.
1940 2. The insured’s liabilities, including:
1941 a. Mortgage debt;
1942 b. Credit card debt;
1943 c. Child support and alimony payments;
1944 d. Other liabilities; and
1945 e. Any additional information included by the department.
1946 3. For a corporate entity, information on its balance
1947 sheet, including the corporate entity’s:
1948 a. Cash, property, equipment, and inventory;
1949 b. Liabilities, including obligations, rent, money owed to
1950 vendors, payroll, and taxes;
1951 c. Other information relevant to understanding the entity’s
1952 capital and net worth; and
1953 d. Any additional information included by the department.
1954 4. A list of all insurance policies that may provide
1955 coverage for the claim, stating the name of the insurer and
1956 policy number of each policy.
1957 5. For natural persons, a statement of whether the insured
1958 was acting in the course and scope of employment at the time of
1959 the incident or loss giving rise to the claim and, if so,
1960 providing the name and contact information for the insured’s
1961 employer.
1962 (c) No later than 14 days following actual notice of an
1963 incident or a loss that could give rise to a covered liability
1964 claim, the insurer must notify the insured of the insured’s
1965 duties under this subsection. The burden is on the insurer to
1966 prove that it provided notice to the insured of the insured’s
1967 duty to cooperate; otherwise, a presumption arises that the
1968 insured met its duty to cooperate under this subsection.
1969 (d) An insurer may terminate the defense as to any insured
1970 who unreasonably fails to meet its duties under this subsection
1971 when:
1972 1. The insurer exercised diligence and met its duties under
1973 subparagraph (4)(i)5.;
1974 2. The insurer provided reasonable assistance to the
1975 insured to comply with the obligations of this subsection;
1976 3. The insurer gave the insured written notice of any
1977 failure to cooperate and a reasonable opportunity for the
1978 insured to cure the lack of cooperation, consistent with any
1979 deadlines imposed by settlement negotiations;
1980 4. The insured’s failure to cooperate causes the insurer to
1981 be unable to settle the claim; and
1982 5. The insurer unconditionally tenders its available
1983 coverage policy limits directly to the claimant or the
1984 claimant’s attorney.
1985 (e) When an insured’s defense is terminated in compliance
1986 with this subsection, the insurer is not liable for any damages
1987 caused by a failure to settle or defend the liability claim
1988 against that insured.
1989 (6) CLAIMANT COMMUNICATIONS.—The trier of fact may not
1990 attribute the insurer’s failure to settle a covered third-party
1991 claim to a claimant’s lack of communication with the insurer
1992 when the claimant truthfully complies with all applicable
1993 standards of this subsection by:
1994 (a) Contemporaneously with or before making a claim with
1995 the insurer, communicating in writing to the insurer:
1996 1. The date and location of loss;
1997 2. The name, address, and date of birth of the claimant;
1998 and
1999 3. A physical address, an e-mail address, and a facsimile
2000 number for further communications, including, but not limited
2001 to, responses to any settlement demand.
2002 (b) Presenting the following in writing:
2003 1. The legal and factual basis of the claim; and
2004 2. A reasonably detailed description of the claimant’s:
2005 a. Known injuries caused or aggravated by the incident or
2006 loss on which the claim is based;
2007 b. Medical treatment causally related to the incident or
2008 loss on which the claim is based;
2009 c. Relevant pre-accident medical conditions, if known; and
2010 d. Type and amount of known damages incurred and, if any,
2011 the damages the claimant reasonably anticipates incurring in the
2012 future.
2013 (c) Providing any settlement demand in writing and stating
2014 within such demand:
2015 1. The name of each insured to whom the demand for
2016 settlement is directed;
2017 2. The amount of the demand for settlement; and
2018 3. Any conditions the claimant is placing on acceptance of
2019 the demand for settlement.
2020
2021 This subsection does not reduce an insurer’s duty of good faith,
2022 which is owed solely to its insured. The claimant owes no duty
2023 to the insured or the insurer, and the duties of the claimant’s
2024 attorney are owed solely to the claimant. The claimant and the
2025 claimant’s attorney do not have a duty to comply with this
2026 subsection.
2027 (7) CONDITIONS PRECEDENT.—It is a condition precedent to
2028 filing an action against an insurer for bad faith failure to
2029 settle a third-party claim that:
2030 (a) A third-party claimant obtained a final judgment in
2031 excess of the policy limits against the insured or the insured’s
2032 estate, bankruptcy trustee, or successor in interest, unless the
2033 insurer expressly waived the requirement of a final excess
2034 judgment or wrongfully breached its duty to defend the insured;
2035 and
2036 (b) The insurer or an agent of the insurer received actual
2037 notice effective under subsection (4).
2038 (8) SAFE HARBORS.—
2039 (a) After an insurer receives actual notice of an incident
2040 or a loss that could give rise to a covered liability claim, the
2041 insurer is entitled to a reasonable opportunity to investigate
2042 and evaluate the claim. The amount of time required for the
2043 insurer’s investigation and evaluation will vary depending on
2044 the circumstances of the claim. The safe harbors provided in
2045 this subsection are available to an insurer that complies with
2046 the best practices standards of subsection (4).
2047 (b) When one claim arises out of a single occurrence, and
2048 an insurer initiates settlement negotiations by tendering the
2049 applicable policy limits in exchange for a general release of
2050 the insured within 45 days after receiving actual notice of the
2051 loss, the failure to tender the policy limits sooner does not
2052 constitute bad faith.
2053 (c) When multiple claims arise out of a single occurrence,
2054 the combined value of all claims exceeds the total of all
2055 applicable policy limits, and an insurer initiates settlement
2056 negotiations by globally tendering the applicable policy limits
2057 in exchange for a general release of the insured within 45 days
2058 after receiving actual notice of the loss, the failure to tender
2059 policy limits sooner does not constitute bad faith.
2060 (d) An insurer is not under any circumstances liable for
2061 the failure to accept a settlement offer within 45 days after
2062 receiving actual notice of the loss if:
2063 1. The settlement offer provides the insurer fewer than 15
2064 days for acceptance; or
2065 2. The settlement offer provides the insurer fewer than 30
2066 days for acceptance where the offer contains conditions for
2067 acceptance other than the insurer’s disclosure of its policy
2068 limits.
2069 (e) This subsection does not require that an insurer
2070 automatically tender policy limits within 45 days in every case.
2071 (9) BURDEN OF PROOF.—In any action for bad faith failure to
2072 settle:
2073 (a) The party bringing the bad faith claim must prove every
2074 element of the claim by the greater weight of the evidence,
2075 taking into account the totality of the circumstances.
2076 (b) An insurer that relies upon paragraph (5)(d) as a
2077 defense to a claim for bad faith failure to settle must prove
2078 the elements of that paragraph by the greater weight of the
2079 evidence.
2080 (c) An insurer that relies upon a safe harbor provision of
2081 subsection (8) must prove the elements of the safe harbor by the
2082 greater weight of the evidence.
2083 (10) DAMAGES.—If the trier of fact finds that the party
2084 bringing the bad faith claim has met its burden of proof, the
2085 insurer is liable for the amount of any excess judgment,
2086 together with court costs and, if the party bringing the bad
2087 faith claim is the insured or an assignee of the insured, the
2088 reasonable attorney fees incurred by the party bringing the bad
2089 faith claim. Punitive damages may not be awarded.
2090 (11) AGENTS.—This section is not intended to expand or
2091 diminish any cause of action currently available against
2092 insurance agents who sell motor vehicle liability insurance
2093 policies in this state.
2094 Section 35. Paragraphs (i) and (o) of subsection (1) of
2095 section 626.9541, Florida Statutes, are amended to read:
2096 626.9541 Unfair methods of competition and unfair or
2097 deceptive acts or practices defined.—
2098 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
2099 ACTS.—The following are defined as unfair methods of competition
2100 and unfair or deceptive acts or practices:
2101 (i) Unfair claim settlement practices.—
2102 1. Attempting to settle claims on the basis of an
2103 application, when serving as a binder or intended to become a
2104 part of the policy, or any other material document which was
2105 altered without notice to, or knowledge or consent of, the
2106 insured;
2107 2. Making a material misrepresentation made to an insured
2108 or any other person having an interest in the proceeds payable
2109 under such contract or policy, for the purpose and with the
2110 intent of effecting settlement of such claims, loss, or damage
2111 under such contract or policy on less favorable terms than those
2112 provided in, and contemplated by, such contract or policy; or
2113 3. Committing or performing with such frequency as to
2114 indicate a general business practice any of the following:
2115 a. Failing to adopt and implement standards for the proper
2116 investigation of claims;
2117 b. Misrepresenting pertinent facts or insurance policy
2118 provisions relating to coverages at issue;
2119 c. Failing to acknowledge and act promptly upon
2120 communications with respect to claims;
2121 d. Denying claims without conducting reasonable
2122 investigations based upon available information;
2123 e. Failing to affirm or deny full or partial coverage of
2124 claims, and, as to partial coverage, the dollar amount or extent
2125 of coverage, or failing to provide a written statement that the
2126 claim is being investigated, upon the written request of the
2127 insured within 30 days after proof-of-loss statements have been
2128 completed;
2129 f. Failing to promptly provide a reasonable explanation in
2130 writing to the insured of the basis in the insurance policy, in
2131 relation to the facts or applicable law, for denial of a claim
2132 or for the offer of a compromise settlement;
2133 g. Failing to promptly notify the insured of any additional
2134 information necessary for the processing of a claim; or
2135 h. Failing to clearly explain the nature of the requested
2136 information and the reasons why such information is necessary.
2137 i. Failing to pay personal injury protection insurance
2138 claims within the time periods required by s. 627.736(4)(b). The
2139 office may order the insurer to pay restitution to a
2140 policyholder, medical provider, or other claimant, including
2141 interest at a rate consistent with the amount set forth in s.
2142 55.03(1), for the time period within which an insurer fails to
2143 pay claims as required by law. Restitution is in addition to any
2144 other penalties allowed by law, including, but not limited to,
2145 the suspension of the insurer’s certificate of authority.
2146 4. Failing to pay undisputed amounts of partial or full
2147 benefits owed under first-party property insurance policies
2148 within 90 days after an insurer receives notice of a residential
2149 property insurance claim, determines the amounts of partial or
2150 full benefits, and agrees to coverage, unless payment of the
2151 undisputed benefits is prevented by an act of God, prevented by
2152 the impossibility of performance, or due to actions by the
2153 insured or claimant that constitute fraud, lack of cooperation,
2154 or intentional misrepresentation regarding the claim for which
2155 benefits are owed.
2156 (o) Illegal dealings in premiums; excess or reduced charges
2157 for insurance.—
2158 1. Knowingly collecting any sum as a premium or charge for
2159 insurance, which is not then provided, or is not in due course
2160 to be provided, subject to acceptance of the risk by the
2161 insurer, by an insurance policy issued by an insurer as
2162 permitted by this code.
2163 2. Knowingly collecting as a premium or charge for
2164 insurance any sum in excess of or less than the premium or
2165 charge applicable to such insurance, in accordance with the
2166 applicable classifications and rates as filed with and approved
2167 by the office, and as specified in the policy; or, in cases when
2168 classifications, premiums, or rates are not required by this
2169 code to be so filed and approved, premiums and charges collected
2170 from a Florida resident in excess of or less than those
2171 specified in the policy and as fixed by the insurer.
2172 Notwithstanding any other provision of law, this provision shall
2173 not be deemed to prohibit the charging and collection, by
2174 surplus lines agents licensed under part VIII of this chapter,
2175 of the amount of applicable state and federal taxes, or fees as
2176 authorized by s. 626.916(4), in addition to the premium required
2177 by the insurer or the charging and collection, by licensed
2178 agents, of the exact amount of any discount or other such fee
2179 charged by a credit card facility in connection with the use of
2180 a credit card, as authorized by subparagraph (q)3., in addition
2181 to the premium required by the insurer. This subparagraph shall
2182 not be construed to prohibit collection of a premium for a
2183 universal life or a variable or indeterminate value insurance
2184 policy made in accordance with the terms of the contract.
2185 3.a. Imposing or requesting an additional premium for death
2186 benefit coverage under s. 627.72761, bodily injury liability
2187 coverage, property damage liability coverage a policy of motor
2188 vehicle liability, personal injury protection, medical payments
2189 coverage payment, or collision coverage in a motor vehicle
2190 liability insurance policy insurance or any combination thereof
2191 or refusing to renew the policy solely because the insured was
2192 involved in a motor vehicle accident unless the insurer’s file
2193 contains information from which the insurer in good faith
2194 determines that the insured was substantially at fault in the
2195 accident.
2196 b. An insurer which imposes and collects such a surcharge
2197 or which refuses to renew such policy shall, in conjunction with
2198 the notice of premium due or notice of nonrenewal, notify the
2199 named insured that he or she is entitled to reimbursement of
2200 such amount or renewal of the policy under the conditions listed
2201 below and will subsequently reimburse him or her or renew the
2202 policy, if the named insured demonstrates that the operator
2203 involved in the accident was:
2204 (I) Lawfully parked;
2205 (II) Reimbursed by, or on behalf of, a person responsible
2206 for the accident or has a judgment against such person;
2207 (III) Struck in the rear by another vehicle headed in the
2208 same direction and was not convicted of a moving traffic
2209 violation in connection with the accident;
2210 (IV) Hit by a “hit-and-run” driver, if the accident was
2211 reported to the proper authorities within 24 hours after
2212 discovering the accident;
2213 (V) Not convicted of a moving traffic violation in
2214 connection with the accident, but the operator of the other
2215 automobile involved in such accident was convicted of a moving
2216 traffic violation;
2217 (VI) Finally adjudicated not to be liable by a court of
2218 competent jurisdiction;
2219 (VII) In receipt of a traffic citation which was dismissed
2220 or nolle prossed; or
2221 (VIII) Not at fault as evidenced by a written statement
2222 from the insured establishing facts demonstrating lack of fault
2223 which are not rebutted by information in the insurer’s file from
2224 which the insurer in good faith determines that the insured was
2225 substantially at fault.
2226 c. In addition to the other provisions of this
2227 subparagraph, an insurer may not fail to renew a policy if the
2228 insured has had only one accident in which he or she was at
2229 fault within the current 3-year period. However, an insurer may
2230 nonrenew a policy for reasons other than accidents in accordance
2231 with s. 627.728. This subparagraph does not prohibit nonrenewal
2232 of a policy under which the insured has had three or more
2233 accidents, regardless of fault, during the most recent 3-year
2234 period.
2235 4. Imposing or requesting an additional premium for, or
2236 refusing to renew, a policy for motor vehicle insurance solely
2237 because the insured committed a noncriminal traffic infraction
2238 as described in s. 318.14 unless the infraction is:
2239 a. A second infraction committed within an 18-month period,
2240 or a third or subsequent infraction committed within a 36-month
2241 period.
2242 b. A violation of s. 316.183, when such violation is a
2243 result of exceeding the lawful speed limit by more than 15 miles
2244 per hour.
2245 5. Upon the request of the insured, the insurer and
2246 licensed agent shall supply to the insured the complete proof of
2247 fault or other criteria which justifies the additional charge or
2248 cancellation.
2249 6. No insurer shall impose or request an additional premium
2250 for motor vehicle insurance, cancel or refuse to issue a policy,
2251 or refuse to renew a policy because the insured or the applicant
2252 is a handicapped or physically disabled person, so long as such
2253 handicap or physical disability does not substantially impair
2254 such person’s mechanically assisted driving ability.
2255 7. No insurer may cancel or otherwise terminate any
2256 insurance contract or coverage, or require execution of a
2257 consent to rate endorsement, during the stated policy term for
2258 the purpose of offering to issue, or issuing, a similar or
2259 identical contract or coverage to the same insured with the same
2260 exposure at a higher premium rate or continuing an existing
2261 contract or coverage with the same exposure at an increased
2262 premium.
2263 8. No insurer may issue a nonrenewal notice on any
2264 insurance contract or coverage, or require execution of a
2265 consent to rate endorsement, for the purpose of offering to
2266 issue, or issuing, a similar or identical contract or coverage
2267 to the same insured at a higher premium rate or continuing an
2268 existing contract or coverage at an increased premium without
2269 meeting any applicable notice requirements.
2270 9. No insurer shall, with respect to premiums charged for
2271 motor vehicle insurance, unfairly discriminate solely on the
2272 basis of age, sex, marital status, or scholastic achievement.
2273 10. Imposing or requesting an additional premium for motor
2274 vehicle comprehensive or uninsured motorist coverage solely
2275 because the insured was involved in a motor vehicle accident or
2276 was convicted of a moving traffic violation.
2277 11. No insurer shall cancel or issue a nonrenewal notice on
2278 any insurance policy or contract without complying with any
2279 applicable cancellation or nonrenewal provision required under
2280 the Florida Insurance Code.
2281 12. No insurer shall impose or request an additional
2282 premium, cancel a policy, or issue a nonrenewal notice on any
2283 insurance policy or contract because of any traffic infraction
2284 when adjudication has been withheld and no points have been
2285 assessed pursuant to s. 318.14(9) and (10). However, this
2286 subparagraph does not apply to traffic infractions involving
2287 accidents in which the insurer has incurred a loss due to the
2288 fault of the insured.
2289 Section 36. Paragraph (a) of subsection (1) of section
2290 626.989, Florida Statutes, is amended to read:
2291 626.989 Investigation by department or Division of
2292 Investigative and Forensic Services; compliance; immunity;
2293 confidential information; reports to division; division
2294 investigator’s power of arrest.—
2295 (1) For the purposes of this section:
2296 (a) A person commits a “fraudulent insurance act” if the
2297 person:
2298 1. Knowingly and with intent to defraud presents, causes to
2299 be presented, or prepares with knowledge or belief that it will
2300 be presented, to or by an insurer, self-insurer, self-insurance
2301 fund, servicing corporation, purported insurer, broker, or any
2302 agent thereof, any written statement as part of, or in support
2303 of, an application for the issuance of, or the rating of, any
2304 insurance policy, or a claim for payment or other benefit
2305 pursuant to any insurance policy, which the person knows to
2306 contain materially false information concerning any fact
2307 material thereto or if the person conceals, for the purpose of
2308 misleading another, information concerning any fact material
2309 thereto.
2310 2. Knowingly submits:
2311 a. A false, misleading, or fraudulent application or other
2312 document when applying for licensure as a health care clinic,
2313 seeking an exemption from licensure as a health care clinic, or
2314 demonstrating compliance with part X of chapter 400 with an
2315 intent to use the license, exemption from licensure, or
2316 demonstration of compliance to provide services or seek
2317 reimbursement under a motor vehicle liability insurance policy’s
2318 medical payments coverage the Florida Motor Vehicle No-Fault
2319 Law.
2320 b. A claim for payment or other benefit under medical
2321 payments coverage, pursuant to a personal injury protection
2322 insurance policy under the Florida Motor Vehicle No-Fault Law if
2323 the person knows that the payee knowingly submitted a false,
2324 misleading, or fraudulent application or other document when
2325 applying for licensure as a health care clinic, seeking an
2326 exemption from licensure as a health care clinic, or
2327 demonstrating compliance with part X of chapter 400.
2328 Section 37. Subsection (1) of section 627.06501, Florida
2329 Statutes, is amended to read:
2330 627.06501 Insurance discounts for certain persons
2331 completing driver improvement course.—
2332 (1) Any rate, rating schedule, or rating manual for the
2333 liability, medical payments, death benefit personal injury
2334 protection, and collision coverages of a motor vehicle insurance
2335 policy filed with the office may provide for an appropriate
2336 reduction in premium charges as to such coverages if when the
2337 principal operator on the covered vehicle has successfully
2338 completed a driver improvement course approved and certified by
2339 the Department of Highway Safety and Motor Vehicles which is
2340 effective in reducing crash or violation rates, or both, as
2341 determined pursuant to s. 318.1451(5). Any discount, not to
2342 exceed 10 percent, used by an insurer is presumed to be
2343 appropriate unless credible data demonstrates otherwise.
2344 Section 38. Subsection (15) is added to section 627.0651,
2345 Florida Statutes, to read:
2346 627.0651 Making and use of rates for motor vehicle
2347 insurance.—
2348 (15) Rate filings for motor vehicle liability policies that
2349 implement the financial responsibility requirements of s.
2350 324.022 in effect January 1, 2022, except for commercial motor
2351 vehicle insurance policies exempt under paragraph (14)(a), must
2352 reflect such financial responsibility requirements and may be
2353 approved only through the file and use process under paragraph
2354 (1)(a).
2355 Section 39. Subsection (1) of section 627.0652, Florida
2356 Statutes, is amended to read:
2357 627.0652 Insurance discounts for certain persons completing
2358 safety course.—
2359 (1) Any rates, rating schedules, or rating manuals for the
2360 liability, medical payments, death benefit personal injury
2361 protection, and collision coverages of a motor vehicle insurance
2362 policy filed with the office must shall provide for an
2363 appropriate reduction in premium charges as to such coverages if
2364 when the principal operator on the covered vehicle is an insured
2365 55 years of age or older who has successfully completed a motor
2366 vehicle accident prevention course approved by the Department of
2367 Highway Safety and Motor Vehicles. Any discount used by an
2368 insurer is presumed to be appropriate unless credible data
2369 demonstrates otherwise.
2370 Section 40. Subsections (1), (3), and (6) of section
2371 627.0653, Florida Statutes, are amended to read:
2372 627.0653 Insurance discounts for specified motor vehicle
2373 equipment.—
2374 (1) Any rates, rating schedules, or rating manuals for the
2375 liability, medical payments, death benefit personal injury
2376 protection, and collision coverages of a motor vehicle insurance
2377 policy filed with the office must shall provide a premium
2378 discount if the insured vehicle is equipped with factory
2379 installed, four-wheel antilock brakes.
2380 (3) Any rates, rating schedules, or rating manuals for
2381 personal injury protection coverage and medical payments
2382 coverage, if offered, of a motor vehicle insurance policy filed
2383 with the office must shall provide a premium discount if the
2384 insured vehicle is equipped with one or more air bags that which
2385 are factory installed.
2386 (6) The Office of Insurance Regulation may approve a
2387 premium discount to any rates, rating schedules, or rating
2388 manuals for the liability, medical payments, death benefit
2389 personal injury protection, and collision coverages of a motor
2390 vehicle insurance policy filed with the office if the insured
2391 vehicle is equipped with an automated driving system or
2392 electronic vehicle collision avoidance technology that is
2393 factory installed or a retrofitted system and that complies with
2394 National Highway Traffic Safety Administration standards.
2395 Section 41. Section 627.4132, Florida Statutes, is amended
2396 to read:
2397 627.4132 Stacking of coverages prohibited.—If an insured or
2398 named insured is protected by any type of motor vehicle
2399 insurance policy for bodily injury and property damage
2400 liability, personal injury protection, or other coverage, the
2401 policy must shall provide that the insured or named insured is
2402 protected only to the extent of the coverage she or he has on
2403 the vehicle involved in the accident. However, if none of the
2404 insured’s or named insured’s vehicles are is involved in the
2405 accident, coverage is available only to the extent of coverage
2406 on any one of the vehicles with applicable coverage. Coverage on
2407 any other vehicles may shall not be added to or stacked upon
2408 that coverage. This section does not apply:
2409 (1) Apply to uninsured motorist coverage that which is
2410 separately governed by s. 627.727.
2411 (2) To Reduce the coverage available by reason of insurance
2412 policies insuring different named insureds.
2413 Section 42. Subsection (1) of section 627.4137, Florida
2414 Statutes, is amended to read:
2415 627.4137 Disclosure of certain information required.—
2416 (1) Each insurer which does or may provide liability
2417 insurance coverage to pay all or a portion of any claim which
2418 might be made shall provide, within 30 days of the written
2419 request of the claimant or the claimant’s attorney, a statement,
2420 under oath, of a corporate officer or the insurer’s claims
2421 manager or superintendent setting forth the following
2422 information with regard to each known policy of insurance,
2423 including excess or umbrella insurance:
2424 (a) The name of the insurer.
2425 (b) The name of each insured.
2426 (c) The limits of the liability coverage.
2427 (d) A statement of any policy or coverage defense which
2428 such insurer reasonably believes is available to such insurer at
2429 the time of filing such statement.
2430 (e) A copy of the policy.
2431
2432 In addition, the insured, or her or his insurance agent, upon
2433 written request of the claimant or the claimant’s attorney,
2434 shall disclose the name and coverage of each known insurer to
2435 the claimant and shall forward such request for information as
2436 required by this subsection to all affected insurers. The
2437 insurer shall then supply the information required in this
2438 subsection to the claimant within 30 days of receipt of such
2439 request. If an insurer fails to timely comply with this section,
2440 the claimant may file an action in a court of competent
2441 jurisdiction to enforce this section. If the court determines
2442 that the insurer violated this section, the claimant is entitled
2443 to an award of reasonable attorney fees and costs to be paid by
2444 the insurer.
2445 Section 43. Section 627.7263, Florida Statutes, is amended
2446 to read:
2447 627.7263 Rental and leasing driver’s insurance to be
2448 primary; exception.—
2449 (1) The valid and collectible liability insurance, death
2450 benefit coverage, and medical payments coverage or personal
2451 injury protection insurance providing coverage for the lessor of
2452 a motor vehicle for rent or lease is primary unless otherwise
2453 stated in at least 10-point type on the face of the rental or
2454 lease agreement. Such insurance is primary for the limits of
2455 liability and personal injury protection coverage as required by
2456 s. 324.021(7), the death benefit coverage limit specified under
2457 s. 627.72761, and the medical payments coverage limit specified
2458 under s. 627.7265 ss. 324.021(7) and 627.736.
2459 (2) If the lessee’s coverage is to be primary, the rental
2460 or lease agreement must contain the following language, in at
2461 least 10-point type:
2462
2463 “The valid and collectible liability insurance, death
2464 benefit coverage, and medical payments coverage
2465 personal injury protection insurance of an any
2466 authorized rental or leasing driver is primary for the
2467 limits of liability and personal injury protection
2468 coverage required under section 324.021(7), Florida
2469 Statutes, the limit of the death benefit coverage
2470 required under section 627.72761, Florida Statutes,
2471 and the medical payments coverage limit specified
2472 under section 627.7265 by ss. 324.021(7) and 627.736,
2473 Florida Statutes.”
2474 Section 44. 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 expenses incurred due
2484 to bodily injury, sickness, or disease arising out of the
2485 ownership, maintenance, or use of a motor vehicle. The coverage
2486 must provide an additional death benefit of at least $5,000.
2487 (a) Before issuing a motor vehicle liability insurance
2488 policy that is furnished as proof of financial responsibility
2489 under s. 324.031, the insurer must offer medical payments
2490 coverage at limits of $5,000 and $10,000. The insurer may also
2491 offer medical payments coverage at any limit greater than
2492 $5,000.
2493 (b) The insurer must offer medical payments coverage with
2494 no deductible. The insurer may also offer medical payments
2495 coverage with a deductible not to exceed $500.
2496 (c) Each motor vehicle liability insurance policy furnished
2497 as proof of financial responsibility under s. 324.031 is deemed
2498 to have:
2499 1. Medical payments coverage to a limit of $10,000, unless
2500 the insurer obtains a named insured’s written refusal of medical
2501 payments coverage or written selection of medical payments
2502 coverage at a limit other than $10,000. The rejection or
2503 selection of coverage at a limit other than $10,000 must be made
2504 on a form approved by the office.
2505 2. No medical payments coverage deductible, unless the
2506 insurer obtains a named insured’s written selection of a
2507 deductible up to $500. The selection of a deductible must be
2508 made on a form approved by the office.
2509 (d)1. The forms referenced in subparagraphs (c)1. and 2.
2510 must fully advise the applicant of the nature of the coverage
2511 being rejected or the policy limit or deductible being selected.
2512 If the form is signed by a named insured, it is conclusively
2513 presumed that there was an informed, knowing rejection of the
2514 coverage or election of the policy limit or deductible.
2515 2. Unless a named insured requests in writing the coverage
2516 specified in this section, it need not be provided in or
2517 supplemental to any other policy that renews, insures, extends,
2518 changes, supersedes, or replaces an existing policy if a named
2519 insured has rejected the coverage specified in this section or
2520 has selected an alternative coverage limit or deductible. At
2521 least annually, the insurer shall provide to the named insured a
2522 notice of the availability of such coverage in a form approved
2523 by the office. The notice must be part of, and attached to, the
2524 notice of premium and must provide for a means to allow a named
2525 insured to request medical payments coverage at the limits and
2526 deductibles required to be offered under this section. The
2527 notice must be given in a manner approved by the office. Receipt
2528 of this notice does not constitute an affirmative waiver of the
2529 insured’s right to medical payments coverage if a named insured
2530 has not signed a selection or rejection form.
2531 (e) This section may not be construed to limit any other
2532 coverage made available by an insurer.
2533 (2) Upon receiving notice of an accident that is
2534 potentially covered by medical payments coverage benefits, the
2535 insurer must reserve $5,000 of medical payments coverage
2536 benefits for payment to physicians licensed under chapter 458 or
2537 chapter 459 or dentists licensed under chapter 466 who provide
2538 emergency services and care, as defined in s. 395.002, or who
2539 provide hospital inpatient care. The amount required to be held
2540 in reserve may be used only to pay claims from such physicians
2541 or dentists until 30 days after the date the insurer receives
2542 notice of the accident. After the 30-day period, any amount of
2543 the reserve for which the insurer has not received notice of
2544 such claims may be used by the insurer to pay other claims. This
2545 subsection does not require an insurer to establish a claim
2546 reserve for insurance accounting purposes.
2547 (3) An insurer providing medical payments coverage benefits
2548 may not:
2549 (a) Seek a lien on any recovery in tort by judgment,
2550 settlement, or otherwise for medical payments coverage benefits,
2551 regardless of whether suit has been filed or settlement has been
2552 reached without suit; or
2553 (b) Bring a cause of action against a person to whom or for
2554 whom medical payments coverage benefits were paid, except when
2555 medical payments coverage benefits were paid by reason of fraud
2556 committed by that person.
2557 (4) An insurer providing medical payments coverage may
2558 include provisions in its policy allowing for subrogation for
2559 medical payments coverage benefits paid if the expenses giving
2560 rise to the payments were caused by the wrongful act or omission
2561 of another who is not also an insured under the policy paying
2562 the medical payments coverage benefits. However, this
2563 subrogation right is inferior to the rights of the injured
2564 insured and is available only after all the insured’s damages
2565 are recovered and the insured is made whole. An insured who
2566 obtains a recovery from a third party of the full amount of the
2567 damages sustained and delivers a release or satisfaction that
2568 impairs a medical payments insurer’s subrogation right is liable
2569 to the insurer for repayment of medical payments coverage
2570 benefits less any expenses of acquiring the recovery, including
2571 a prorated share of attorney fees and costs, and shall hold that
2572 net recovery in trust to be delivered to the medical payments
2573 insurer. The insurer may not include any provision in its policy
2574 allowing for subrogation for any death benefit paid.
2575 Section 45. Subsections (1) and (7) of section 627.727,
2576 Florida Statutes, are amended to read:
2577 627.727 Motor vehicle insurance; uninsured and underinsured
2578 vehicle coverage; insolvent insurer protection.—
2579 (1) A No motor vehicle liability insurance policy that
2580 which provides bodily injury liability coverage may not shall be
2581 delivered or issued for delivery in this state with respect to
2582 any specifically insured or identified motor vehicle registered
2583 or principally garaged in this state, unless uninsured motor
2584 vehicle coverage is provided therein or supplemental thereto for
2585 the protection of persons insured thereunder who are legally
2586 entitled to recover damages from owners or operators of
2587 uninsured motor vehicles because of bodily injury, sickness, or
2588 disease, including death, resulting therefrom. However, the
2589 coverage required under this section is not applicable if when,
2590 or to the extent that, an insured named in the policy makes a
2591 written rejection of the coverage on behalf of all insureds
2592 under the policy. If When a motor vehicle is leased for a period
2593 of 1 year or longer and the lessor of such vehicle, by the terms
2594 of the lease contract, provides liability coverage on the leased
2595 vehicle, the lessee of such vehicle has shall have the sole
2596 privilege to reject uninsured motorist coverage or to select
2597 lower limits than the bodily injury liability limits, regardless
2598 of whether the lessor is qualified as a self-insurer pursuant to
2599 s. 324.171. Unless an insured, or a lessee having the privilege
2600 of rejecting uninsured motorist coverage, requests such coverage
2601 or requests higher uninsured motorist limits in writing, the
2602 coverage or such higher uninsured motorist limits need not be
2603 provided in or supplemental to any other policy that which
2604 renews, extends, changes, supersedes, or replaces an existing
2605 policy with the same bodily injury liability limits when an
2606 insured or lessee had rejected the coverage. When an insured or
2607 lessee has initially selected limits of uninsured motorist
2608 coverage lower than her or his bodily injury liability limits,
2609 higher limits of uninsured motorist coverage need not be
2610 provided in or supplemental to any other policy that which
2611 renews, extends, changes, supersedes, or replaces an existing
2612 policy with the same bodily injury liability limits unless an
2613 insured requests higher uninsured motorist coverage in writing.
2614 The rejection or selection of lower limits must shall be made on
2615 a form approved by the office. The form must shall fully advise
2616 the applicant of the nature of the coverage and must shall state
2617 that the coverage is equal to bodily injury liability limits
2618 unless lower limits are requested or the coverage is rejected.
2619 The heading of the form must shall be in 12-point bold type and
2620 must shall state: “You are electing not to purchase certain
2621 valuable coverage that which protects you and your family or you
2622 are purchasing uninsured motorist limits less than your bodily
2623 injury liability limits when you sign this form. Please read
2624 carefully.” If this form is signed by a named insured, it will
2625 be conclusively presumed that there was an informed, knowing
2626 rejection of coverage or election of lower limits on behalf of
2627 all insureds. The insurer shall notify the named insured at
2628 least annually of her or his options as to the coverage required
2629 by this section. Such notice must shall be part of, and attached
2630 to, the notice of premium, must shall provide for a means to
2631 allow the insured to request such coverage, and must shall be
2632 given in a manner approved by the office. Receipt of this notice
2633 does not constitute an affirmative waiver of the insured’s right
2634 to uninsured motorist coverage if where the insured has not
2635 signed a selection or rejection form. The coverage described
2636 under this section must shall be over and above, but may shall
2637 not duplicate, the benefits available to an insured under any
2638 workers’ compensation law, personal injury protection benefits,
2639 disability benefits law, or similar law; under any automobile
2640 medical payments expense coverage; under any motor vehicle
2641 liability insurance coverage; or from the owner or operator of
2642 the uninsured motor vehicle or any other person or organization
2643 jointly or severally liable together with such owner or operator
2644 for the accident,; and such coverage must shall cover the
2645 difference, if any, between the sum of such benefits and the
2646 damages sustained, up to the maximum amount of such coverage
2647 provided under this section. The amount of coverage available
2648 under this section may shall not be reduced by a setoff against
2649 any coverage, including liability insurance. Such coverage does
2650 shall not inure directly or indirectly to the benefit of any
2651 workers’ compensation or disability benefits carrier or any
2652 person or organization qualifying as a self-insurer under any
2653 workers’ compensation or disability benefits law or similar law.
2654 (7) The legal liability of an uninsured motorist coverage
2655 insurer includes does not include damages in tort for pain,
2656 suffering, disability or physical impairment, disfigurement,
2657 mental anguish, and inconvenience, and the loss of capacity for
2658 the enjoyment of life experienced in the past and to be
2659 experienced in the future unless the injury or disease is
2660 described in one or more of paragraphs (a)-(d) of s. 627.737(2).
2661 Section 46. Section 627.7275, Florida Statutes, is amended
2662 to read:
2663 627.7275 Required coverages in motor vehicle insurance
2664 policies; availability to certain applicants liability.—
2665 (1) A motor vehicle insurance policy providing personal
2666 injury protection as set forth in s. 627.736 may not be
2667 delivered or issued for delivery in this state for a with
2668 respect to any specifically insured or identified motor vehicle
2669 registered or principally garaged in this state must provide
2670 bodily injury liability coverage and unless the policy also
2671 provides coverage for property damage liability coverage as
2672 required under by s. 324.022 and s. 324.151 and the death
2673 benefit required under s. 627.72761.
2674 (2)(a) Insurers writing motor vehicle insurance in this
2675 state shall make available, subject to the insurers’ usual
2676 underwriting restrictions:
2677 1. Coverage under policies as described in subsection (1)
2678 to an applicant for private passenger motor vehicle insurance
2679 coverage who is seeking the coverage in order to reinstate the
2680 applicant’s driving privileges in this state if the driving
2681 privileges were revoked or suspended pursuant to s. 316.646 or
2682 s. 324.0221 due to the failure of the applicant to maintain
2683 required security.
2684 2. Coverage under policies as described in subsection (1),
2685 which includes bodily injury also provides liability coverage
2686 and property damage liability coverage, for bodily injury,
2687 death, and property damage arising out of the ownership,
2688 maintenance, or use of the motor vehicle in an amount not less
2689 than the minimum limits required under described in s.
2690 324.021(7) or s. 324.023 and which conforms to the requirements
2691 of s. 324.151, to an applicant for private passenger motor
2692 vehicle insurance coverage who is seeking the coverage in order
2693 to reinstate the applicant’s driving privileges in this state
2694 after such privileges were revoked or suspended under s. 316.193
2695 or s. 322.26(2) for driving under the influence.
2696 (b) The policies described in paragraph (a) must shall be
2697 issued for at least 6 months and, as to the minimum coverages
2698 required under this section, may not be canceled by the insured
2699 for any reason or by the insurer after 60 days, during which
2700 period the insurer is completing the underwriting of the policy.
2701 After the insurer has completed underwriting the policy, the
2702 insurer shall notify the Department of Highway Safety and Motor
2703 Vehicles that the policy is in full force and effect and is not
2704 cancelable for the remainder of the policy period. A premium
2705 must shall be collected and the coverage is in effect for the
2706 60-day period during which the insurer is completing the
2707 underwriting of the policy, whether or not the person’s driver
2708 license, motor vehicle tag, and motor vehicle registration are
2709 in effect. Once the noncancelable provisions of the policy
2710 become effective, the bodily injury liability and property
2711 damage liability coverages for bodily injury, property damage,
2712 and personal injury protection may not be reduced below the
2713 minimum limits required under s. 324.021 or s. 324.023 during
2714 the policy period.
2715 (c) This subsection controls to the extent of any conflict
2716 with any other section.
2717 (d) An insurer issuing a policy subject to this section may
2718 cancel the policy if, during the policy term, the named insured,
2719 or any other operator who resides in the same household or
2720 customarily operates an automobile insured under the policy, has
2721 his or her driver license suspended or revoked.
2722 (e) This subsection does not require an insurer to offer a
2723 policy of insurance to an applicant if such offer would be
2724 inconsistent with the insurer’s underwriting guidelines and
2725 procedures.
2726 Section 47. Section 627.72761, Florida Statutes, is created
2727 to read:
2728 627.72761 Required motor vehicle death benefit coverage.—An
2729 insurance policy complying with the financial responsibility
2730 requirements of s. 324.022 must provide a death benefit of
2731 $5,000 per deceased individual upon the death of the named
2732 insured, relatives residing in the same household, persons
2733 operating the insured motor vehicle, passengers in the motor
2734 vehicle, and other persons struck by the motor vehicle and
2735 suffering bodily injury while not an occupant of a self
2736 propelled motor vehicle when such death arises out of the
2737 ownership, maintenance, or use of a motor vehicle. The insurer
2738 may pay death benefits to the executor or administrator of the
2739 deceased individual; to any of the deceased individual’s
2740 relatives by blood, legal adoption, or marriage; or to any
2741 person appearing to the insurer to be equitably entitled to such
2742 benefits. The benefit may not be paid if the deceased individual
2743 died as a result of causing injury or death to himself or
2744 herself intentionally, or because of injuries or death incurred
2745 while committing a felony.
2746 Section 48. Effective upon this act becoming a law, section
2747 627.7278, Florida Statutes, is created to read:
2748 627.7278 Applicability and construction; notice to
2749 policyholders.—
2750 (1) As used in this section, the term “minimum security
2751 requirements” means security that enables a person to respond in
2752 damages for liability on account of crashes arising out of the
2753 ownership, maintenance, or use of a motor vehicle, in the
2754 amounts required by s. 324.022(1), as amended by this act.
2755 (2) Effective January 1, 2022:
2756 (a) Motor vehicle insurance policies issued or renewed on
2757 or after that date may not include personal injury protection.
2758 (b) All persons subject to s. 324.022, s. 324.032, s.
2759 627.7415, or s. 627.742 must maintain at least minimum security
2760 requirements.
2761 (c) Any new or renewal motor vehicle insurance policy
2762 delivered or issued for delivery in this state must provide
2763 coverage that complies with minimum security requirements and
2764 provides the death benefit set forth in s. 627.72761.
2765 (d) An existing motor vehicle insurance policy issued
2766 before that date which provides personal injury protection and
2767 property damage liability coverage that meets the requirements
2768 of s. 324.022 on December 31, 2021, but which does not meet
2769 minimum security requirements on or after January 1, 2022, is
2770 deemed to meet minimum security requirements until such policy
2771 is renewed, nonrenewed, or canceled on or after January 1, 2022.
2772 Sections 400.9905, 400.991, 456.057, 456.072, 626.9541(1)(i),
2773 627.7263, 627.727, 627.730-627.7405, 627.748, and 817.234,
2774 Florida Statutes 2020, remain in full force and effect for motor
2775 vehicle accidents covered under a policy issued under the
2776 Florida Motor Vehicle No-Fault Law before January 1, 2022, until
2777 the policy is renewed, nonrenewed, or canceled on or after
2778 January 1, 2022.
2779 (3) Each insurer shall allow each insured who has a new or
2780 renewal policy providing personal injury protection which
2781 becomes effective before January 1, 2022, and whose policy does
2782 not meet minimum security requirements on or after January 1,
2783 2022, to change coverages so as to eliminate personal injury
2784 protection and obtain coverage providing minimum security
2785 requirements and the death benefit set forth in s. 627.72761,
2786 which shall be effective on or after January 1, 2022. The
2787 insurer is not required to provide coverage complying with
2788 minimum security requirements and the death benefit set forth in
2789 s. 627.72761 in such policies if the insured does not pay the
2790 required premium, if any, by January 1, 2022, or such later date
2791 as the insurer may allow. The insurer also shall offer each
2792 insured medical payments coverage pursuant to s. 627.7265. Any
2793 reduction in the premium must be refunded by the insurer. The
2794 insurer may not impose on the insured an additional fee or
2795 charge that applies solely to a change in coverage; however, the
2796 insurer may charge an additional required premium that is
2797 actuarially indicated.
2798 (4) By September 1, 2021, each motor vehicle insurer shall
2799 provide notice of this section to each motor vehicle
2800 policyholder who is subject to this section. The notice is
2801 subject to approval by the office and must clearly inform the
2802 policyholder that:
2803 (a) The Florida Motor Vehicle No-Fault Law is repealed
2804 effective January 1, 2022, and that on or after that date, the
2805 insured is no longer required to maintain personal injury
2806 protection insurance coverage, that personal injury protection
2807 coverage is no longer available for purchase in this state, and
2808 that all new or renewal policies issued on or after that date
2809 will not contain that coverage.
2810 (b) Effective January 1, 2022, a person subject to the
2811 financial responsibility requirements of s. 324.022 must:
2812 1. Maintain minimum security requirements that enable the
2813 person to respond to damages for liability on account of
2814 accidents arising out of the use of a motor vehicle in the
2815 following amounts:
2816 a. Twenty-five thousand dollars for bodily injury to, or
2817 the death of, one person in any one crash and, subject to such
2818 limits for one person, in the amount of $50,000 for bodily
2819 injury to, or the death of, two or more persons in any one
2820 crash; and
2821 b. Ten thousand dollars for damage to, or destruction of,
2822 the property of others in any one crash.
2823 2. Purchase a death benefit pursuant to s. 627.72761
2824 providing coverage in the amount of $5,000 per deceased
2825 individual upon the death of the named insured, relatives
2826 residing in the same household, persons operating the insured
2827 motor vehicle, passengers in the motor vehicle, and other
2828 persons struck by the motor vehicle and suffering bodily injury
2829 while not an occupant of a self-propelled motor vehicle, when
2830 such death arises out of the ownership, maintenance, or use of a
2831 motor vehicle.
2832 (c) Bodily injury liability coverage protects the insured,
2833 up to the coverage limits, against loss if the insured is
2834 legally responsible for the death of or bodily injury to others
2835 in a motor vehicle accident.
2836 (d) Effective January 1, 2022, each policyholder of motor
2837 vehicle liability insurance purchased as proof of financial
2838 responsibility must be offered medical payments coverage
2839 benefits that comply with s. 627.7265. The insurer must offer
2840 medical payments coverage at limits of $5,000 and $10,000
2841 without a deductible. The insurer may also offer medical
2842 payments coverage at other limits greater than $5,000 and may
2843 offer coverage with a deductible of up to $500. Medical payments
2844 coverage pays covered medical expenses incurred due to bodily
2845 injury, sickness, or disease arising out of the ownership,
2846 maintenance, or use of the motor vehicle, up to the limits of
2847 such coverage, for injuries sustained in a motor vehicle crash
2848 by the named insured, resident relatives, any persons operating
2849 the insured motor vehicle, passengers in the insured motor
2850 vehicle, and persons who are struck by the insured motor vehicle
2851 and suffer bodily injury while not an occupant of a self
2852 propelled motor vehicle as provided in s. 627.7265. Medical
2853 payments coverage also provides a death benefit of at least
2854 $5,000.
2855 (e) The policyholder may obtain uninsured and underinsured
2856 motorist coverage that provides benefits, up to the limits of
2857 such coverage, to a policyholder or other insured entitled to
2858 recover damages for bodily injury, sickness, disease, or death
2859 resulting from a motor vehicle accident with an uninsured or
2860 underinsured owner or operator of a motor vehicle.
2861 (f) If the policyholder’s new or renewal motor vehicle
2862 insurance policy is effective before January 1, 2022, and
2863 contains personal injury protection and property damage
2864 liability coverage as required by state law before January 1,
2865 2022, but does not meet minimum security requirements on or
2866 after January 1, 2022, the policy is deemed to meet minimum
2867 security requirements and need not provide the death benefit set
2868 forth in s. 627.72761 until it is renewed, nonrenewed, or
2869 canceled on or after January 1, 2022.
2870 (g) A policyholder whose new or renewal policy becomes
2871 effective before January 1, 2022, but does not meet minimum
2872 security requirements on or after January 1, 2022, may change
2873 coverages under the policy so as to eliminate personal injury
2874 protection and to obtain coverage providing minimum security
2875 requirements, including bodily injury liability coverage and the
2876 death benefit set forth in s. 627.72761, which are effective on
2877 or after January 1, 2022.
2878 (h) If the policyholder has any questions, he or she should
2879 contact the person named at the telephone number provided in the
2880 notice.
2881 Section 49. Paragraph (a) of subsection (1) of section
2882 627.728, Florida Statutes, is amended to read:
2883 627.728 Cancellations; nonrenewals.—
2884 (1) As used in this section, the term:
2885 (a) “Policy” means the bodily injury and property damage
2886 liability, personal injury protection, medical payments, death
2887 benefit, comprehensive, collision, and uninsured motorist
2888 coverage portions of a policy of motor vehicle insurance
2889 delivered or issued for delivery in this state:
2890 1. Insuring a natural person as named insured or one or
2891 more related individuals who are residents resident of the same
2892 household; and
2893 2. Insuring only a motor vehicle of the private passenger
2894 type or station wagon type which is not used as a public or
2895 livery conveyance for passengers or rented to others; or
2896 insuring any other four-wheel motor vehicle having a load
2897 capacity of 1,500 pounds or less which is not used in the
2898 occupation, profession, or business of the insured other than
2899 farming; other than any policy issued under an automobile
2900 insurance assigned risk plan or covering garage, automobile
2901 sales agency, repair shop, service station, or public parking
2902 place operation hazards.
2903
2904 The term “policy” does not include a binder as defined in s.
2905 627.420 unless the duration of the binder period exceeds 60
2906 days.
2907 Section 50. Subsection (1), paragraph (a) of subsection
2908 (5), and subsections (6) and (7) of section 627.7295, Florida
2909 Statutes, are amended to read:
2910 627.7295 Motor vehicle insurance contracts.—
2911 (1) As used in this section, the term:
2912 (a) “Policy” means a motor vehicle insurance policy that
2913 provides death benefit coverage under s. 627.72761, bodily
2914 injury liability personal injury protection coverage, and,
2915 property damage liability coverage, or both.
2916 (b) “Binder” means a binder that provides motor vehicle
2917 death benefit coverage under s. 627.72761, bodily injury
2918 liability coverage, personal injury protection and property
2919 damage liability coverage.
2920 (5)(a) A licensed general lines agent may charge a per
2921 policy fee of up to not to exceed $10 to cover the
2922 administrative costs of the agent associated with selling the
2923 motor vehicle insurance policy if the policy covers only the
2924 death benefit coverage set forth in s. 627.72761, bodily injury
2925 liability coverage, personal injury protection coverage as
2926 provided by s. 627.736 and property damage liability coverage as
2927 provided by s. 627.7275 and if no other insurance is sold or
2928 issued in conjunction with or collateral to the policy. The fee
2929 is not considered part of the premium.
2930 (6) If a motor vehicle owner’s driver license, license
2931 plate, and registration have previously been suspended pursuant
2932 to s. 316.646 or s. 627.733, an insurer may cancel a new policy
2933 only as provided in s. 627.7275.
2934 (7) A policy of private passenger motor vehicle insurance
2935 or a binder for such a policy may be initially issued in this
2936 state only if, before the effective date of such binder or
2937 policy, the insurer or agent has collected from the insured an
2938 amount equal to at least 1 month’s premium. An insurer, agent,
2939 or premium finance company may not, directly or indirectly, take
2940 any action that results resulting in the insured paying having
2941 paid from the insured’s own funds an amount less than the 1
2942 month’s premium required by this subsection. This subsection
2943 applies without regard to whether the premium is financed by a
2944 premium finance company or is paid pursuant to a periodic
2945 payment plan of an insurer or an insurance agent.
2946 (a) This subsection does not apply:
2947 1. If an insured or member of the insured’s family is
2948 renewing or replacing a policy or a binder for such policy
2949 written by the same insurer or a member of the same insurer
2950 group. This subsection does not apply
2951 2. To an insurer that issues private passenger motor
2952 vehicle coverage primarily to active duty or former military
2953 personnel or their dependents. This subsection does not apply
2954 3. If all policy payments are paid pursuant to a payroll
2955 deduction plan, an automatic electronic funds transfer payment
2956 plan from the policyholder, or a recurring credit card or debit
2957 card agreement with the insurer.
2958 (b) This subsection and subsection (4) do not apply if:
2959 1. All policy payments to an insurer are paid pursuant to
2960 an automatic electronic funds transfer payment plan from an
2961 agent, a managing general agent, or a premium finance company
2962 and if the policy includes, at a minimum, the death benefit
2963 coverage set forth in s. 627.72761, bodily injury liability
2964 coverage, and personal injury protection pursuant to ss.
2965 627.730-627.7405; motor vehicle property damage liability
2966 coverage pursuant to s. 627.7275; or and bodily injury liability
2967 in at least the amount of $10,000 because of bodily injury to,
2968 or death of, one person in any one accident and in the amount of
2969 $20,000 because of bodily injury to, or death of, two or more
2970 persons in any one accident. This subsection and subsection (4)
2971 do not apply if
2972 2. An insured has had a policy in effect for at least 6
2973 months, the insured’s agent is terminated by the insurer that
2974 issued the policy, and the insured obtains coverage on the
2975 policy’s renewal date with a new company through the terminated
2976 agent.
2977 Section 51. Section 627.7415, Florida Statutes, is amended
2978 to read:
2979 627.7415 Commercial motor vehicles; additional liability
2980 insurance coverage.—Beginning January 1, 2022, commercial motor
2981 vehicles, as defined in s. 207.002 or s. 320.01, operated upon
2982 the roads and highways of this state must shall be insured with
2983 the following minimum levels of combined bodily liability
2984 insurance and property damage liability insurance in addition to
2985 any other insurance requirements:
2986 (1) Sixty Fifty thousand dollars per occurrence for a
2987 commercial motor vehicle with a gross vehicle weight of 26,000
2988 pounds or more, but less than 35,000 pounds.
2989 (2) One hundred twenty thousand dollars per occurrence for
2990 a commercial motor vehicle with a gross vehicle weight of 35,000
2991 pounds or more, but less than 44,000 pounds.
2992 (3) Three hundred thousand dollars per occurrence for a
2993 commercial motor vehicle with a gross vehicle weight of 44,000
2994 pounds or more.
2995 (4) All commercial motor vehicles subject to regulations of
2996 the United States Department of Transportation, 49 C.F.R. part
2997 387, subpart A, and as may be hereinafter amended, shall be
2998 insured in an amount equivalent to the minimum levels of
2999 financial responsibility as set forth in such regulations.
3000
3001 A violation of this section is a noncriminal traffic infraction,
3002 punishable as a nonmoving violation as provided in chapter 318.
3003 Section 52. Section 627.747, Florida Statutes, is created
3004 to read:
3005 627.747 Named driver exclusion.—
3006 (1) A private passenger motor vehicle policy may exclude
3007 the following coverages for all claims or suits resulting from
3008 the operation of a motor vehicle by an identified individual who
3009 is not a named insured, provided that the identified individual
3010 is specifically excluded by name on the declarations page or by
3011 endorsement and the policyholder consents in writing to the
3012 exclusion:
3013 (a) Property damage liability coverage.
3014 (b) Bodily injury liability coverage.
3015 (c) Death benefit coverage under s. 627.72761, for the
3016 death of the identified excluded individual.
3017 (d) Uninsured motorist coverage for any damages sustained
3018 by the identified excluded individual, if the policyholder has
3019 purchased such coverage.
3020 (e) Medical payments coverage for any injuries sustained by
3021 the identified excluded individual, if the policyholder has
3022 purchased such coverage.
3023 (f) Any coverage the policyholder is not required by law to
3024 purchase.
3025 (2) A private passenger motor vehicle policy may not
3026 exclude coverage when:
3027 (a) The identified excluded individual is injured while not
3028 operating a motor vehicle;
3029 (b) The exclusion is unfairly discriminatory under the
3030 Florida Insurance Code, as determined by the office; or
3031 (c) The exclusion is inconsistent with the underwriting
3032 rules filed by the insurer pursuant to s. 627.0651(13)(a).
3033 (3) A driver excluded pursuant to this section must
3034 establish, maintain, and show proof of financial ability to
3035 respond for damages arising out of ownership, maintenance, or
3036 use of a motor vehicle as required by chapter 324.
3037 (4) An identified excluded individual’s failure to comply
3038 with subsection (3) does not invalidate a properly executed
3039 exclusion issued in compliance with subsections (1) and (2).
3040 Section 53. Paragraphs (b), (c), and (g) of subsection (7),
3041 paragraphs (a) and (b) of subsection (8), and paragraph (b) of
3042 subsection (16) of section 627.748, Florida Statutes, are
3043 amended to read:
3044 627.748 Transportation network companies.—
3045 (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE
3046 REQUIREMENTS.—
3047 (b) The following automobile insurance requirements apply
3048 while a participating TNC driver is logged on to the digital
3049 network but is not engaged in a prearranged ride:
3050 1. Automobile insurance that provides:
3051 a. A primary automobile liability coverage of at least
3052 $50,000 for death and bodily injury per person, $100,000 for
3053 death and bodily injury per incident, and $25,000 for property
3054 damage; and
3055 b. Personal injury protection benefits that meet the
3056 minimum coverage amounts required under ss. 627.730-627.7405;
3057 and
3058 b.c. Uninsured and underinsured vehicle coverage as
3059 required by s. 627.727.
3060 2. The coverage requirements of this paragraph may be
3061 satisfied by any of the following:
3062 a. Automobile insurance maintained by the TNC driver or the
3063 TNC vehicle owner;
3064 b. Automobile insurance maintained by the TNC; or
3065 c. A combination of sub-subparagraphs a. and b.
3066 (c) The following automobile insurance requirements apply
3067 while a TNC driver is engaged in a prearranged ride:
3068 1. Automobile insurance that provides:
3069 a. A primary automobile liability coverage of at least $1
3070 million for death, bodily injury, and property damage; and
3071 b. Personal injury protection benefits that meet the
3072 minimum coverage amounts required of a limousine under ss.
3073 627.730-627.7405; and
3074 b.c. Uninsured and underinsured vehicle coverage as
3075 required by s. 627.727.
3076 2. The coverage requirements of this paragraph may be
3077 satisfied by any of the following:
3078 a. Automobile insurance maintained by the TNC driver or the
3079 TNC vehicle owner;
3080 b. Automobile insurance maintained by the TNC; or
3081 c. A combination of sub-subparagraphs a. and b.
3082 (g) Insurance satisfying the requirements under this
3083 subsection is deemed to satisfy the financial responsibility
3084 requirement for a motor vehicle under chapter 324 and the
3085 security required under s. 627.733 for any period when the TNC
3086 driver is logged onto the digital network or engaged in a
3087 prearranged ride.
3088 (8) TRANSPORTATION NETWORK COMPANY AND INSURER; DISCLOSURE;
3089 EXCLUSIONS.—
3090 (a) Before a TNC driver is allowed to accept a request for
3091 a prearranged ride on the digital network, the TNC must disclose
3092 in writing to the TNC driver:
3093 1. The insurance coverage, including the types of coverage
3094 and the limits for each coverage, which the TNC provides while
3095 the TNC driver uses a TNC vehicle in connection with the TNC’s
3096 digital network.
3097 2. That the TNC driver’s own automobile insurance policy
3098 might not provide any coverage while the TNC driver is logged on
3099 to the digital network or is engaged in a prearranged ride,
3100 depending on the terms of the TNC driver’s own automobile
3101 insurance policy.
3102 3. That the provision of rides for compensation which are
3103 not prearranged rides subjects the driver to the coverage
3104 requirements imposed under s. 324.032(1) and (2) and that
3105 failure to meet such coverage requirements subjects the TNC
3106 driver to penalties provided in s. 324.221, up to and including
3107 a misdemeanor of the second degree.
3108 (b)1. An insurer that provides an automobile liability
3109 insurance policy under this part may exclude any and all
3110 coverage afforded under the policy issued to an owner or
3111 operator of a TNC vehicle while driving that vehicle for any
3112 loss or injury that occurs while a TNC driver is logged on to a
3113 digital network or while a TNC driver provides a prearranged
3114 ride. Exclusions imposed under this subsection are limited to
3115 coverage while a TNC driver is logged on to a digital network or
3116 while a TNC driver provides a prearranged ride. This right to
3117 exclude all coverage may apply to any coverage included in an
3118 automobile insurance policy, including, but not limited to:
3119 a. Liability coverage for bodily injury and property
3120 damage;
3121 b. Uninsured and underinsured motorist coverage;
3122 c. Medical payments coverage;
3123 d. Comprehensive physical damage coverage;
3124 e. Collision physical damage coverage; and
3125 f. Death benefit coverage under s. 627.72761 Personal
3126 injury protection.
3127 2. The exclusions described in subparagraph 1. apply
3128 notwithstanding any requirement under chapter 324. These
3129 exclusions do not affect or diminish coverage otherwise
3130 available for permissive drivers or resident relatives under the
3131 personal automobile insurance policy of the TNC driver or owner
3132 of the TNC vehicle who are not occupying the TNC vehicle at the
3133 time of loss. This section does not require that a personal
3134 automobile insurance policy provide coverage while the TNC
3135 driver is logged on to a digital network, while the TNC driver
3136 is engaged in a prearranged ride, or while the TNC driver
3137 otherwise uses a vehicle to transport riders for compensation.
3138 3. This section must not be construed to require an insurer
3139 to use any particular policy language or reference to this
3140 section in order to exclude any and all coverage for any loss or
3141 injury that occurs while a TNC driver is logged on to a digital
3142 network or while a TNC driver provides a prearranged ride.
3143 4. This section does not preclude an insurer from providing
3144 primary or excess coverage for the TNC driver’s vehicle by
3145 contract or endorsement.
3146 (16) LUXURY GROUND TRANSPORTATION NETWORK COMPANIES.—
3147 (b) An entity may elect, upon written notification to the
3148 department, to be regulated as a luxury ground TNC. A luxury
3149 ground TNC must:
3150 1. Comply with all of the requirements of this section
3151 applicable to a TNC, including subsection (17), which do not
3152 conflict with subparagraph 2. or which do not prohibit the
3153 company from connecting riders to drivers who operate for-hire
3154 vehicles as defined in s. 320.01(15), including limousines and
3155 luxury sedans and excluding taxicabs.
3156 2. Maintain insurance coverage as required by subsection
3157 (7). However, if a prospective luxury ground TNC satisfies
3158 minimum financial responsibility through compliance with s.
3159 324.032(3) s. 324.032(2) by using self-insurance when it gives
3160 the department written notification of its election to be
3161 regulated as a luxury ground TNC, the luxury ground TNC may use
3162 self-insurance to meet the insurance requirements of subsection
3163 (7), so long as such self-insurance complies with s. 324.032(3)
3164 s. 324.032(2) and provides the limits of liability required by
3165 subsection (7).
3166 Section 54. Paragraph (a) of subsection (2) of section
3167 627.749, Florida Statutes, is amended to read:
3168 627.749 Autonomous vehicles; insurance requirements.—
3169 (2) INSURANCE REQUIREMENTS.—
3170 (a) A fully autonomous vehicle with the automated driving
3171 system engaged while logged on to an on-demand autonomous
3172 vehicle network or engaged in a prearranged ride must be covered
3173 by a policy of automobile insurance which provides:
3174 1. Primary liability coverage of at least $1 million for
3175 death, bodily injury, and property damage.
3176 2. Personal injury protection benefits that meet the
3177 minimum coverage amounts required under ss. 627.730-627.7405.
3178 2.3. Uninsured and underinsured vehicle coverage as
3179 required by s. 627.727.
3180 Section 55. Section 627.8405, Florida Statutes, is amended
3181 to read:
3182 627.8405 Prohibited acts; financing companies.—A No premium
3183 finance company shall, in a premium finance agreement or other
3184 agreement, may not finance the cost of or otherwise provide for
3185 the collection or remittance of dues, assessments, fees, or
3186 other periodic payments of money for the cost of:
3187 (1) A membership in an automobile club. The term
3188 “automobile club” means a legal entity that which, in
3189 consideration of dues, assessments, or periodic payments of
3190 money, promises its members or subscribers to assist them in
3191 matters relating to the ownership, operation, use, or
3192 maintenance of a motor vehicle; however, the term this
3193 definition of “automobile club” does not include persons,
3194 associations, or corporations which are organized and operated
3195 solely for the purpose of conducting, sponsoring, or sanctioning
3196 motor vehicle races, exhibitions, or contests upon racetracks,
3197 or upon racecourses established and marked as such for the
3198 duration of such particular events. As used in this subsection,
3199 the term words “motor vehicle” has used herein have the same
3200 meaning as defined in chapter 320.
3201 (2) An accidental death and dismemberment policy sold in
3202 combination with a policy providing only death benefit coverage
3203 under s. 627.72761, bodily injury liability coverage, personal
3204 injury protection and property damage liability coverage only
3205 policy.
3206 (3) Any product not regulated under the provisions of this
3207 insurance code.
3208
3209 This section also applies to premium financing by any insurance
3210 agent or insurance company under part XVI. The commission shall
3211 adopt rules to assure disclosure, at the time of sale, of
3212 coverages financed with personal injury protection and shall
3213 prescribe the form of such disclosure.
3214 Section 56. Subsection (1) of section 627.915, Florida
3215 Statutes, is amended to read:
3216 627.915 Insurer experience reporting.—
3217 (1) Each insurer transacting private passenger automobile
3218 insurance in this state shall report certain information
3219 annually to the office. The information will be due on or before
3220 July 1 of each year. The information must shall be divided into
3221 the following categories: bodily injury liability; property
3222 damage liability; uninsured motorist; death benefit coverage
3223 under s. 627.72761; personal injury protection benefits; medical
3224 payments; and comprehensive and collision. The information given
3225 must shall be on direct insurance writings in the state alone
3226 and shall represent total limits data. The information set forth
3227 in paragraphs (a)-(f) is applicable to voluntary private
3228 passenger and Joint Underwriting Association private passenger
3229 writings and must shall be reported for each of the latest 3
3230 calendar-accident years, with an evaluation date of March 31 of
3231 the current year. The information set forth in paragraphs (g)
3232 (j) is applicable to voluntary private passenger writings and
3233 must shall be reported on a calendar-accident year basis
3234 ultimately seven times at seven different stages of development.
3235 (a) Premiums earned for the latest 3 calendar-accident
3236 years.
3237 (b) Loss development factors and the historic development
3238 of those factors.
3239 (c) Policyholder dividends incurred.
3240 (d) Expenses for other acquisition and general expense.
3241 (e) Expenses for agents’ commissions and taxes, licenses,
3242 and fees.
3243 (f) Profit and contingency factors as utilized in the
3244 insurer’s automobile rate filings for the applicable years.
3245 (g) Losses paid.
3246 (h) Losses unpaid.
3247 (i) Loss adjustment expenses paid.
3248 (j) Loss adjustment expenses unpaid.
3249 Section 57. Subsections (2) and (3) of section 628.909,
3250 Florida Statutes, are amended to read:
3251 628.909 Applicability of other laws.—
3252 (2) The following provisions of the Florida Insurance Code
3253 apply to captive insurance companies that who are not industrial
3254 insured captive insurance companies to the extent that such
3255 provisions are not inconsistent with this part:
3256 (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
3257 624.40851, 624.4095, 624.411, 624.425, and 624.426.
3258 (b) Chapter 625, part II.
3259 (c) Chapter 626, part IX.
3260 (d) Sections 627.730-627.7405, when no-fault coverage is
3261 provided.
3262 (d)(e) Chapter 628.
3263 (3) The following provisions of the Florida Insurance Code
3264 shall apply to industrial insured captive insurance companies to
3265 the extent that such provisions are not inconsistent with this
3266 part:
3267 (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
3268 624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1).
3269 (b) Chapter 625, part II, if the industrial insured captive
3270 insurance company is incorporated in this state.
3271 (c) Chapter 626, part IX.
3272 (d) Sections 627.730-627.7405 when no-fault coverage is
3273 provided.
3274 (d)(e) Chapter 628, except for ss. 628.341, 628.351, and
3275 628.6018.
3276 Section 58. Subsections (2), (6), and (7) of section
3277 705.184, Florida Statutes, are amended to read:
3278 705.184 Derelict or abandoned motor vehicles on the
3279 premises of public-use airports.—
3280 (2) The airport director or the director’s designee shall
3281 contact the Department of Highway Safety and Motor Vehicles to
3282 notify that department that the airport has possession of the
3283 abandoned or derelict motor vehicle and to determine the name
3284 and address of the owner of the motor vehicle, the insurance
3285 company insuring the motor vehicle, notwithstanding the
3286 provisions of s. 627.736, and any person who has filed a lien on
3287 the motor vehicle. Within 7 business days after receipt of the
3288 information, the director or the director’s designee shall send
3289 notice by certified mail, return receipt requested, to the owner
3290 of the motor vehicle, the insurance company insuring the motor
3291 vehicle, notwithstanding the provisions of s. 627.736, and all
3292 persons of record claiming a lien against the motor vehicle. The
3293 notice must shall state the fact of possession of the motor
3294 vehicle, that charges for reasonable towing, storage, and
3295 parking fees, if any, have accrued and the amount thereof, that
3296 a lien as provided in subsection (6) will be claimed, that the
3297 lien is subject to enforcement pursuant to law, that the owner
3298 or lienholder, if any, has the right to a hearing as set forth
3299 in subsection (4), and that any motor vehicle which, at the end
3300 of 30 calendar days after receipt of the notice, has not been
3301 removed from the airport upon payment in full of all accrued
3302 charges for reasonable towing, storage, and parking fees, if
3303 any, may be disposed of as provided in s. 705.182(2)(a), (b),
3304 (d), or (e), including, but not limited to, the motor vehicle
3305 being sold free of all prior liens after 35 calendar days after
3306 the time the motor vehicle is stored if any prior liens on the
3307 motor vehicle are more than 5 years of age or after 50 calendar
3308 days after the time the motor vehicle is stored if any prior
3309 liens on the motor vehicle are 5 years of age or less.
3310 (6) The airport pursuant to this section or, if used, a
3311 licensed independent wrecker company pursuant to s. 713.78 shall
3312 have a lien on an abandoned or derelict motor vehicle for all
3313 reasonable towing, storage, and accrued parking fees, if any,
3314 except that no storage fee may shall be charged if the motor
3315 vehicle is stored less than 6 hours. As a prerequisite to
3316 perfecting a lien under this section, the airport director or
3317 the director’s designee must serve a notice in accordance with
3318 subsection (2) on the owner of the motor vehicle, the insurance
3319 company insuring the motor vehicle, notwithstanding the
3320 provisions of s. 627.736, and all persons of record claiming a
3321 lien against the motor vehicle. If attempts to notify the owner,
3322 the insurance company insuring the motor vehicle,
3323 notwithstanding the provisions of s. 627.736, or lienholders are
3324 not successful, the requirement of notice by mail shall be
3325 considered met. Serving of the notice does not dispense with
3326 recording the claim of lien.
3327 (7)(a) For the purpose of perfecting its lien under this
3328 section, the airport shall record a claim of lien which states
3329 shall state:
3330 1. The name and address of the airport.
3331 2. The name of the owner of the motor vehicle, the
3332 insurance company insuring the motor vehicle, notwithstanding
3333 the provisions of s. 627.736, and all persons of record claiming
3334 a lien against the motor vehicle.
3335 3. The costs incurred from reasonable towing, storage, and
3336 parking fees, if any.
3337 4. A description of the motor vehicle sufficient for
3338 identification.
3339 (b) The claim of lien must shall be signed and sworn to or
3340 affirmed by the airport director or the director’s designee.
3341 (c) The claim of lien is shall be sufficient if it is in
3342 substantially the following form:
3343
3344 CLAIM OF LIEN
3345 State of ........
3346 County of ........
3347 Before me, the undersigned notary public, personally appeared
3348 ........, who was duly sworn and says that he/she is the
3349 ........ of ............, whose address is........; and that the
3350 following described motor vehicle:
3351 ...(Description of motor vehicle)...
3352 owned by ........, whose address is ........, has accrued
3353 $........ in fees for a reasonable tow, for storage, and for
3354 parking, if applicable; that the lienor served its notice to the
3355 owner, the insurance company insuring the motor vehicle
3356 notwithstanding the provisions of s. 627.736, Florida Statutes,
3357 and all persons of record claiming a lien against the motor
3358 vehicle on ...., ...(year)..., by.........
3359 ...(Signature)...
3360 Sworn to (or affirmed) and subscribed before me this .... day of
3361 ...., ...(year)..., by ...(name of person making statement)....
3362 ...(Signature of Notary Public)......(Print, Type, or Stamp
3363 Commissioned name of Notary Public)...
3364 Personally Known....OR Produced....as identification.
3365
3366 However, the negligent inclusion or omission of any information
3367 in this claim of lien which does not prejudice the owner does
3368 not constitute a default that operates to defeat an otherwise
3369 valid lien.
3370 (d) The claim of lien must shall be served on the owner of
3371 the motor vehicle, the insurance company insuring the motor
3372 vehicle, notwithstanding the provisions of s. 627.736, and all
3373 persons of record claiming a lien against the motor vehicle. If
3374 attempts to notify the owner, the insurance company insuring the
3375 motor vehicle notwithstanding the provisions of s. 627.736, or
3376 lienholders are not successful, the requirement of notice by
3377 mail shall be considered met. The claim of lien must shall be so
3378 served before recordation.
3379 (e) The claim of lien must shall be recorded with the clerk
3380 of court in the county where the airport is located. The
3381 recording of the claim of lien shall be constructive notice to
3382 all persons of the contents and effect of such claim. The lien
3383 attaches shall attach at the time of recordation and takes shall
3384 take priority as of that time.
3385 Section 59. Subsection (4) of section 713.78, Florida
3386 Statutes, is amended to read:
3387 713.78 Liens for recovering, towing, or storing vehicles
3388 and vessels.—
3389 (4)(a) A person regularly engaged in the business of
3390 recovering, towing, or storing vehicles or vessels who comes
3391 into possession of a vehicle or vessel pursuant to subsection
3392 (2), and who claims a lien for recovery, towing, or storage
3393 services, shall give notice, by certified mail, to the
3394 registered owner, the insurance company insuring the vehicle
3395 notwithstanding s. 627.736, and all persons claiming a lien
3396 thereon, as disclosed by the records in the Department of
3397 Highway Safety and Motor Vehicles or as disclosed by the records
3398 of any corresponding agency in any other state in which the
3399 vehicle is identified through a records check of the National
3400 Motor Vehicle Title Information System or an equivalent
3401 commercially available system as being titled or registered.
3402 (b) Whenever a law enforcement agency authorizes the
3403 removal of a vehicle or vessel or whenever a towing service,
3404 garage, repair shop, or automotive service, storage, or parking
3405 place notifies the law enforcement agency of possession of a
3406 vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
3407 enforcement agency of the jurisdiction where the vehicle or
3408 vessel is stored shall contact the Department of Highway Safety
3409 and Motor Vehicles, or the appropriate agency of the state of
3410 registration, if known, within 24 hours through the medium of
3411 electronic communications, giving the full description of the
3412 vehicle or vessel. Upon receipt of the full description of the
3413 vehicle or vessel, the department shall search its files to
3414 determine the owner’s name, the insurance company insuring the
3415 vehicle or vessel, and whether any person has filed a lien upon
3416 the vehicle or vessel as provided in s. 319.27(2) and (3) and
3417 notify the applicable law enforcement agency within 72 hours.
3418 The person in charge of the towing service, garage, repair shop,
3419 or automotive service, storage, or parking place shall obtain
3420 such information from the applicable law enforcement agency
3421 within 5 days after the date of storage and shall give notice
3422 pursuant to paragraph (a). The department may release the
3423 insurance company information to the requestor notwithstanding
3424 s. 627.736.
3425 (c) The notice of lien must be sent by certified mail to
3426 the registered owner, the insurance company insuring the vehicle
3427 notwithstanding s. 627.736, and all other persons claiming a
3428 lien thereon within 7 business days, excluding Saturday and
3429 Sunday, after the date of storage of the vehicle or vessel.
3430 However, in no event shall the notice of lien be sent less than
3431 30 days before the sale of the vehicle or vessel. The notice
3432 must state:
3433 1. If the claim of lien is for a vehicle, the last 8 digits
3434 of the vehicle identification number of the vehicle subject to
3435 the lien, or, if the claim of lien is for a vessel, the hull
3436 identification number of the vessel subject to the lien, clearly
3437 printed in the delivery address box and on the outside of the
3438 envelope sent to the registered owner and all other persons
3439 claiming an interest therein or lien thereon.
3440 2. The name, physical address, and telephone number of the
3441 lienor, and the entity name, as registered with the Division of
3442 Corporations, of the business where the towing and storage
3443 occurred, which must also appear on the outside of the envelope
3444 sent to the registered owner and all other persons claiming an
3445 interest in or lien on the vehicle or vessel.
3446 3. The fact of possession of the vehicle or vessel.
3447 4. The name of the person or entity that authorized the
3448 lienor to take possession of the vehicle or vessel.
3449 5. That a lien as provided in subsection (2) is claimed.
3450 6. That charges have accrued and include an itemized
3451 statement of the amount thereof.
3452 7. That the lien is subject to enforcement under law and
3453 that the owner or lienholder, if any, has the right to a hearing
3454 as set forth in subsection (5).
3455 8. That any vehicle or vessel that remains unclaimed, or
3456 for which the charges for recovery, towing, or storage services
3457 remain unpaid, may be sold free of all prior liens 35 days after
3458 the vehicle or vessel is stored by the lienor if the vehicle or
3459 vessel is more than 3 years of age or 50 days after the vehicle
3460 or vessel is stored by the lienor if the vehicle or vessel is 3
3461 years of age or less.
3462 9. The address at which the vehicle or vessel is physically
3463 located.
3464 (d) The notice of lien may not be sent to the registered
3465 owner, the insurance company insuring the vehicle or vessel, and
3466 all other persons claiming a lien thereon less than 30 days
3467 before the sale of the vehicle or vessel.
3468 (e) If attempts to locate the name and address of the owner
3469 or lienholder prove unsuccessful, the towing-storage operator
3470 shall, after 7 business days, excluding Saturday and Sunday,
3471 after the initial tow or storage, notify the public agency of
3472 jurisdiction where the vehicle or vessel is stored in writing by
3473 certified mail or acknowledged hand delivery that the towing
3474 storage company has been unable to locate the name and address
3475 of the owner or lienholder and a physical search of the vehicle
3476 or vessel has disclosed no ownership information and a good
3477 faith effort has been made, including records checks of the
3478 Department of Highway Safety and Motor Vehicles database and the
3479 National Motor Vehicle Title Information System or an equivalent
3480 commercially available system. For purposes of this paragraph
3481 and subsection (9), the term “good faith effort” means that the
3482 following checks have been performed by the company to establish
3483 the prior state of registration and for title:
3484 1. A check of the department’s database for the owner and
3485 any lienholder.
3486 2. A check of the electronic National Motor Vehicle Title
3487 Information System or an equivalent commercially available
3488 system to determine the state of registration when there is not
3489 a current registration record for the vehicle or vessel on file
3490 with the department.
3491 3. A check of the vehicle or vessel for any type of tag,
3492 tag record, temporary tag, or regular tag.
3493 4. A check of the law enforcement report for a tag number
3494 or other information identifying the vehicle or vessel, if the
3495 vehicle or vessel was towed at the request of a law enforcement
3496 officer.
3497 5. A check of the trip sheet or tow ticket of the tow truck
3498 operator to determine whether a tag was on the vehicle or vessel
3499 at the beginning of the tow, if a private tow.
3500 6. If there is no address of the owner on the impound
3501 report, a check of the law enforcement report to determine
3502 whether an out-of-state address is indicated from driver license
3503 information.
3504 7. A check of the vehicle or vessel for an inspection
3505 sticker or other stickers and decals that may indicate a state
3506 of possible registration.
3507 8. A check of the interior of the vehicle or vessel for any
3508 papers that may be in the glove box, trunk, or other areas for a
3509 state of registration.
3510 9. A check of the vehicle for a vehicle identification
3511 number.
3512 10. A check of the vessel for a vessel registration number.
3513 11. A check of the vessel hull for a hull identification
3514 number which should be carved, burned, stamped, embossed, or
3515 otherwise permanently affixed to the outboard side of the
3516 transom or, if there is no transom, to the outmost seaboard side
3517 at the end of the hull that bears the rudder or other steering
3518 mechanism.
3519 Section 60. Section 768.852, Florida Statutes, is created
3520 to read:
3521 768.852 Setoff on damages as a result of a motor vehicle
3522 crash while uninsured.—
3523 (1) Except as provided in subsection (2), for any award of
3524 noneconomic damages, a defendant is entitled to a setoff equal
3525 to $10,000 if a person suffers injury while operating a motor
3526 vehicle as defined in s. 324.022(2) which lacked the coverage
3527 required by s. 324.022(1) and the person was not in compliance
3528 with s. 324.022(1) for more than 30 days immediately preceding
3529 the crash.
3530 (2) The setoff on noneconomic damages in subsection (1)
3531 does not apply if the person who is liable for the injury:
3532 (a) Was driving while under the influence of an alcoholic
3533 beverage, an inhalant, or a controlled substance;
3534 (b) Acted intentionally, recklessly, or with gross
3535 negligence;
3536 (c) Fled from the scene of the crash; or
3537 (d) Was acting in furtherance of an offense or in immediate
3538 flight from an offense that constituted a felony at the time of
3539 the crash.
3540 (3) This section does not apply to any wrongful death
3541 claim.
3542 Section 61. Paragraph (a) of subsection (1), paragraph (c)
3543 of subsection (7), paragraphs (a), (b), and (c) of subsection
3544 (8), and subsections (9) and (10) of section 817.234, Florida
3545 Statutes, are amended to read:
3546 817.234 False and fraudulent insurance claims.—
3547 (1)(a) A person commits insurance fraud punishable as
3548 provided in subsection (11) if that person, with the intent to
3549 injure, defraud, or deceive any insurer:
3550 1. Presents or causes to be presented any written or oral
3551 statement as part of, or in support of, a claim for payment or
3552 other benefit pursuant to an insurance policy or a health
3553 maintenance organization subscriber or provider contract,
3554 knowing that such statement contains any false, incomplete, or
3555 misleading information concerning any fact or thing material to
3556 such claim;
3557 2. Prepares or makes any written or oral statement that is
3558 intended to be presented to an any insurer in connection with,
3559 or in support of, any claim for payment or other benefit
3560 pursuant to an insurance policy or a health maintenance
3561 organization subscriber or provider contract, knowing that such
3562 statement contains any false, incomplete, or misleading
3563 information concerning any fact or thing material to such claim;
3564 3.a. Knowingly presents, causes to be presented, or
3565 prepares or makes with knowledge or belief that it will be
3566 presented to an any insurer, purported insurer, servicing
3567 corporation, insurance broker, or insurance agent, or any
3568 employee or agent thereof, any false, incomplete, or misleading
3569 information or a written or oral statement as part of, or in
3570 support of, an application for the issuance of, or the rating
3571 of, any insurance policy, or a health maintenance organization
3572 subscriber or provider contract; or
3573 b. Knowingly conceals information concerning any fact
3574 material to such application; or
3575 4. Knowingly presents, causes to be presented, or prepares
3576 or makes with knowledge or belief that it will be presented to
3577 any insurer a claim for payment or other benefit under medical
3578 payments coverage in a motor vehicle a personal injury
3579 protection insurance policy if the person knows that the payee
3580 knowingly submitted a false, misleading, or fraudulent
3581 application or other document when applying for licensure as a
3582 health care clinic, seeking an exemption from licensure as a
3583 health care clinic, or demonstrating compliance with part X of
3584 chapter 400.
3585 (7)
3586 (c) An insurer, or any person acting at the direction of or
3587 on behalf of an insurer, may not change an opinion in a mental
3588 or physical report prepared under s. 627.736(7) or direct the
3589 physician preparing the report to change such opinion; however,
3590 this provision does not preclude the insurer from calling to the
3591 attention of the physician errors of fact in the report based
3592 upon information in the claim file. Any person who violates this
3593 paragraph commits a felony of the third degree, punishable as
3594 provided in s. 775.082, s. 775.083, or s. 775.084.
3595 (8)(a) It is unlawful for any person intending to defraud
3596 any other person to solicit or cause to be solicited any
3597 business from a person involved in a motor vehicle accident for
3598 the purpose of making, adjusting, or settling motor vehicle tort
3599 claims or claims for benefits under medical payments coverage in
3600 a motor vehicle insurance policy personal injury protection
3601 benefits required by s. 627.736. Any person who violates the
3602 provisions of this paragraph commits a felony of the second
3603 degree, punishable as provided in s. 775.082, s. 775.083, or s.
3604 775.084. A person who is convicted of a violation of this
3605 subsection shall be sentenced to a minimum term of imprisonment
3606 of 2 years.
3607 (b) A person may not solicit or cause to be solicited any
3608 business from a person involved in a motor vehicle accident by
3609 any means of communication other than advertising directed to
3610 the public for the purpose of making motor vehicle tort claims
3611 or claims for benefits under medical payments coverage in a
3612 motor vehicle insurance policy personal injury protection
3613 benefits required by s. 627.736, within 60 days after the
3614 occurrence of the motor vehicle accident. Any person who
3615 violates this paragraph commits a felony of the third degree,
3616 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
3617 (c) A lawyer, health care practitioner as defined in s.
3618 456.001, or owner or medical director of a clinic required to be
3619 licensed pursuant to s. 400.9905 may not, at any time after 60
3620 days have elapsed from the occurrence of a motor vehicle
3621 accident, solicit or cause to be solicited any business from a
3622 person involved in a motor vehicle accident by means of in
3623 person or telephone contact at the person’s residence, for the
3624 purpose of making motor vehicle tort claims or claims for
3625 benefits under medical payments coverage in a motor vehicle
3626 insurance policy personal injury protection benefits required by
3627 s. 627.736. Any person who violates this paragraph commits a
3628 felony of the third degree, punishable as provided in s.
3629 775.082, s. 775.083, or s. 775.084.
3630 (9) A person may not organize, plan, or knowingly
3631 participate in an intentional motor vehicle crash or a scheme to
3632 create documentation of a motor vehicle crash that did not occur
3633 for the purpose of making motor vehicle tort claims or claims
3634 for benefits under medical payments coverage in a motor vehicle
3635 insurance policy personal injury protection benefits as required
3636 by s. 627.736. Any person who violates this subsection commits a
3637 felony of the second degree, punishable as provided in s.
3638 775.082, s. 775.083, or s. 775.084. A person who is convicted of
3639 a violation of this subsection shall be sentenced to a minimum
3640 term of imprisonment of 2 years.
3641 (10) A licensed health care practitioner who is found
3642 guilty of insurance fraud under this section for an act relating
3643 to a motor vehicle personal injury protection insurance policy
3644 loses his or her license to practice for 5 years and may not
3645 receive reimbursement under medical payments coverage in a motor
3646 vehicle insurance policy for personal injury protection benefits
3647 for 10 years.
3648 Section 62. For the 2021-2022 fiscal year, the sum of
3649 $83,651 in nonrecurring funds is appropriated from the Insurance
3650 Regulatory Trust Fund to the Office of Insurance Regulation for
3651 the purpose of implementing this act.
3652 Section 63. Except as otherwise expressly provided in this
3653 act and except for this section, which shall take effect upon
3654 this act becoming a law, this act shall take effect January 1,
3655 2022.