ENROLLED
       2021 Legislature              CS for CS for SB 54, 2nd Engrossed
       
       
       
       
       
       
                                                               202154er
    1  
    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.